HomeMy WebLinkAbout6728 ORDINANCE NO. 6728
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO LAND USE
DEVELOPMENT REGULATIONS RELATED TO MIXED-
USE DEVELOPMENT; AMENDING CHAPTERS 18.08,
18.23, 18.31 , AND 18.57 OF THE AUBURN CITY CODE AND
EXHIBIT 1 TO ORDINANCE NO. 6382.
WHEREAS, the City and Auburn Properties, Inc. ("API") entered into a
Development Agreement authorized by Resolution No. 4756 related to the Auburn
Gateway Project; and,
WHEREAS, The City adopted Ordinance No. 6183 in 2008 and Ordinance No.
6382 in 2011, both of which contained development regulations related to implementation
of the Northeast Auburn — Robertson Properties Group Special Area Plan which includes
the Auburn Gateway Project site; and,
WHEREAS, Despite the City's and API's intentions, the market conditions and
other factors 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, Inland Washington, LLC ("Inland" dba Capital
Acquisitions, LLC) has proposed a development that is generally consistent with land
uses that was previously proposed but that allows residential development first, 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;
changes in street intersection signalization; changes in surrounding development; and
changes in critical area mitigation. These changes to the Auburn Gateway Project require
Ordinance No. 6728
October 15, 2019
Page 1 of 4 Rev.2018
changes to the zoning development standards and the requirements of the Development
Agreement to take into account the changes in conditions; and,
WHEREAS, the Community Development Department and Public Works
Department have reviewed the proposed changes and prepared an addendum to the
current Environmental Impact Statement (and addenda) under the State Environmental
Policy Act (SEPA) that provides for mitigation measures and other conditions to ensure
that the proposed future development will not create significant adverse environmental
impacts; and,
WHEREAS, the proposed changes to the development regulations were reviewed
by the City's Planning Commission at its June 4, 2019 meeting and after a public hearing
conducted on July 16, 2019, the Commission recommended approval; and,
WHEREAS, the City transmitted the proposed code amendments to the
Washington State Department of Commerce and to other state agencies as required by
RCW 36.70A.160 on July 1, 2019; and,
WHEREAS, Council has determined that revising the development regulations in
connection with approval of an Amended and Restated Development Agreement is
mutually beneficial to the developer and to the City and community; and
WHEREAS, the City Council discussed the Amended and Restated Development
Agreement on June 24, 2019 and after a properly noticed public hearing adopted the
Amended and Restated Development Agreement on June 24, 2019 by Resolution No.
5442.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,
DO ORDAIN as follows:
Ordinance No. 6728
October 15, 2019
Page 2 of 4 Rev.2018
Section 1. Amendment to City Code. Chapter 18.08 of the Auburn City Code
(NE Auburn Special Area Plan & Auburn Gateway Planned Action) is amended to read
as shown in Exhibit A.
Section 2. Amendment to Exhibit 1 to Ordinance No. 6382. Section D of
Exhibit 1 to Ordinance No. 6382 (uncodified) is amended to read as shown in Exhibit B.
Section 3. Amendment to City Code. Chapter 18.23 of the Auburn City Code
(Commercial & Industrial Zones) is amended to read as shown in Exhibit C.
Section 4. Amendment to City Code. Section 18.31.200 of the Auburn City
Code (Architectural & Site Design Review Standards) is amended to read as shown in
Exhibit D.
Section 5. Amendment to City Code. Section 18.57.030 of the Auburn City
Code (Standards for Mixed Use Development) is amended to read as shown in Exhibit E.
Section 6. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 7. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 8. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law. However,
the amendments to the Code Provisions and to Ordinance No. 6382 shall not take effect
until the Amended and Restated Development Agreement between Inland Washington
Ordinance No. 6728
October 15, 2019
Page 3 of 4 Rev.2018
LLC and the City is signed and recorded and Inland Washington LLC (or its affiliate) owns
the Auburn Gateway Properties.
INTRODUCED: OCT 2 1 20T9
PASSED: OCT 2 1 2019
OCT 2 1 20T9
APPROVED:
ANCY BA , MAYOR
ATTEST: APPRO A O FORM:
Shawn Campbell, MMC, City Clerk Steven L. Gros` , ity Attorney
Published: bti ,U\A oev )fra A{ love)
Ordinance No. 6728
October 15, 2019
Page 4 of 4 Rev.2018
CIT
YOF
AGENDA BILL APPROVAL FORM
WASHINGTON CITY COUNCIL
Agenda Subject/Title: Date:
Ordinance No. 6728, File No. ZOA19- October 15, 2019
0002, Proposed Zoning Code
Amendments by Inland Washington LLC
Department: Budget Impact:
Community Development Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
DESCRIPTION:
Ordinance No. 6728, File No. ZOA19-0002, Proposed Zoning Code amendments by Inland
Washington LLC
Proposed changes to four sections of the zoning code including: the chapter dealing with
the Planned Action (ACC 18.08); the uses & development standards of the C-4, Mixed
Use Commercial zoning district (ACC 18.23), the development standards associated with
mixed use development (ACC 18.57), and revision of the architectural & design standards
(ACC 18.31.200) and the associated revisions to Exhibit 1 to previously-adopted
Ordinance No. 6382 (Planned Action Ordinance, codified as ACC 18.08).
PLANNING COMMISSION RECOMMENDATION:
Approve Ordinance No. 6728, ZOA19-0002, Zoning Code Amendments by Inland
Washington LLC at the regular meeting on October 21, 2019.
BACKGROUND/SUMMARY:
PROPOSAL: An Inland Washington LLC ("Inland") application to amend the text of four
sections the City's zoning code to facilitate development of the Auburn Gateway Project. In
summary, the main changes to the four code sections include:
• ACC 18.08 Change to Planned Action Ordinance (PAO) This is a separate code chapter
that is specifically for this development proposal and is being modified to accommodate project
changes. Such changes include:
o Allow horizontal integrated mixed use in addition to vertical integrated mixed use.
o Recognize the preparation of additional environmental review documents
o Include any other project changes and associated mitigation measures (Amending
Exhibit 1 to the original Ordinance No. 6382, Planned Action Ordinance previously
adopted in 2011.)
• ACC 18.23 Commercial and industrial zones
o The unique zoning of C-4, Mixed Use Commercial to be changed to also allow
horizontal distributed mixed use in addition to vertical distributed mixed use.
o Allow an "outdoor recreation use for profit" as an allowed use subject to an city
approval of an administrative use permit (land use approval).
Staff Member: Tate Date: October 15, 2019
• ACC 18.57.030 Mixed use development standard
o Allow mixed use commercial to be changed to allow horizontal mixed use as well as
vertical.
• ACC 18.31.200 Architectural and Site Design Standards and regulations
o Allow the Design Standards document to be administratively amended by the
Community Development Director rather than amended by approval of the Planning and
Development Committee of the Auburn city council--
o To change the references contained in ACC 18.31.200, (Architectural and site design
review standards and regulations) to recognize any future amendments to the design
standards.
FINDINGS OF FACT:
Background & Proposal
1. Inland Washington LLC ("Inland"), on May 17, 2019 filed an application (File No. ZOA19-
0002) for a zoning code text amendment to affect changes to three provisions of the zoning
code as part of the various approvals needed for the proposed `Auburn Gateway Project'.
This project was previously proposed by Robertson Properties Group (RPG) for
redevelopment of the former Valley 6 Drive-In Theater site associated with the parcels that
RPG had acquired in Northeast Auburn and was the subject of a previously executed
Development Agreement (DA) with the City.
2. Since the time of the application, the city staff have been working with Inland Washington
LLC on various approvals needed for the project. As a result, City staff identified an
additional zoning code section that requires modification for the project; which is ACC
18.31.200, (Architectural and site design review standards and regulations). The changes
have been reviewed with the Applicant.
3. The project site is approximately 70 acres in area and consists of the former drive theater
site and adjacent parcels that RPG had acquired over the intervening time. All the drive in
theater structures and features have been removed as authorized by city permits. The site
is generally bounded by Auburn Way North, 45th ST NE, the extension of I ST NE and S
27th ST, with certain property exceptions.
Page 2 of 8
Staff Member: Tate Date: October 15, 2019
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4. Inland is acquiring the former Valley 6 Drive-In properties from Robertson Properties Group
(RPG). In anticipation of acquiring the property, Inland has submitted an application to
amend the City code and the existing Development Agreement (DA) adopted under
Resolution No. 4756 (2011) in order to allow horizontal mixed use (the current DA restricts
the development to only vertical mixed use in order to have multifamily residential land
uses).
5. Inland has indicated their desire to construct, as a first phase, a multi-family complex with
500 dwelling units. This number is consistent with the maximum number of multi-family
units considered and approved in the previously approved sub area plan of the City's
Comprehensive Plan, the Environmental Impact Statements (EIS's), and the DA. However,
Inland has indicated that there are a number of circumstances that preclude construction of
the full amount of the previously proposed 1.6 million square feet of professional office
and/or 720,000 square feet of retail commercial space. These circumstances include a
changed economic environment for retail storefronts and the anticipated changes in 2020 to
the floodplain maps by the Federal Emergency Management Agency (FEMA) to increase
the extent and depth of floodplain in this vicinity.
6. DA's are a development tool authorized under State law (RCW 36.70B.170). The concept
behind a DA is to allow a municipality and a property owner to voluntarily agree to
development terms for a specific development proposal that may be beyond adopted city
code requirements. Both parties may have interest in entering into such an agreement
because it allows a property owner greater flexibility in certain specified city standards that
Page 3of8
Staff Member: Tate Date: October 15, 2019
are determined in advance in exchange the City can require a higher quality of development
and greater benefits to the community than what typical code requires. It is an optional
process because it is a voluntary negotiated agreement. The City has only a few other
instances of development agreements.
7. The main code change affecting multiple sections is to allow horizontal distributed or
integrated mixed-use in addition to the currently exclusively-required vertical integrated
mixed-use required by the C-4, Mixed Use Commercial zoning district. Vertical mixed-use is
where the ground floor consists of commercial tenants with multi-family residential located
above.
8. The City's zoning code provides the following definition of mixed use development:
"ACC 18.04.625 Mixed-use development.
"Mixed-use development"means a single unified development that incorporates the
planned integration of two or more different land uses consisting of some
combination of office, light industrial, hotel, retail, entertainment, public uses, along
with residential uses. Mixed-use development may be vertically oriented in one or
more buildings, or horizontally distributed on a development site. When horizontally
distributed, the different uses may be constructed concurrently and in separate
phases, and should incorporate common and/or complementary 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."
9. To change provisions of the zoning code requires an amendment with a recommendation
made by the Planning Commission and final action by the City Council.
10. Also since the time of their application, the City Council has considered amendments to the
previous Development Agreement (DA) that was executed between Robertson Properties
Group (RPG) and the City (Resolution No. 4756). At a special Council meeting conducted
on June 24th 2019, the City Council adopted Resolution No. 5442 approving an Amended
and Re-stated development agreement between the City and Inland Washington LLC, for
the Auburn Gateway Project.
Past Planning Commission & City Council Actions
11. At the Planning Commission's May 7, 2019 regular meeting, John Fisher and Scott Morris of
Inland Washington LLC (Inland) introduced themselves, their company, the type of projects
their company constructs and described their proposal for the Auburn Gateway Project.
12. At the Planning Commission's June 4, 2019 regular meeting, staff introduced and described
the first three code amendments. The materials presented included a description of the
changes along with copies of the code sections with edits showing. Inland Washington LLC
representatives were present at the meeting and were invited to add comments.
13. At the Planning Commission's July 16, 2019 regular meeting, a public hearing was
conducted on the four proposed code amendments. The only testimony was from the John
Page 4 of 8
Staff Member: Tate Date: October 15, 2019
Fisher of Inland Washington LLC (Applicant). At the conclusion of the hearing, the
Planning Commission voted to recommend approval of the code amendments to the
City Council.
14. At the City Council's April 22, 2019 Study Session, John Fisher and Scott Morris of Inland
Washington LLC (Inland) introduced themselves, their company, the type of projects their
company constructs and described an overview of their proposal for the Auburn Gateway
Project.
15. At the Study Session on June 24, 2019, the City Council discussed the Amended and
Restated Development Agreement.
16. On June 24, 2019 after a properly noticed public hearing, the City Council adopted the
Amended and Restated Development Agreement between the City and inland Washington
LLC by Resolution No. 5442.
17. At the Study Session on October 14, 2019 the City Council reviewed and discussed the
proposed zoning code amendments, ZOA19-0002.
Procedural Steps
18. Pursuant to Revised Code of Washington (RCW) 36.70A the proposed zoning code
amendment language was transmitted to the Washington State Department of Commerce
for State Agency Review and requesting an expedited review (consisting of a 14-day period)
on July 1, 2019. City received notice that expedited review had been accepted and that the
City met the notice to state agency requirements contained in RCW 36.70A.106. The City
has not received comments from any state agency.
19. In accordance with the State Environmental Policy Act (SEPA) (WAC 197-11) the City
issued a Draft and Final Environmental Impact Statements (EIS) for the Auburn Gateway
Project in 2004. Also, the City issued an Addendum to the Final Environmental Impact
Statement Northeast Auburn Robertson Properties Special Area Plan, City of Auburn, 2004
to clarify wetland-related text, Page 9.
20. Subsequently, in 2011 the City issued a second addendum to the Final EIS to address some
project changes including additional properties, identification of phasing, changes in
governing regulations and changes in nearby development.
21. A third addendum to the Final EIS is currently being prepared to meet the SEPA
requirements for the changes to the proposed action specifically by Inland Washington LLC.
22. To meet the City code requirements associated with zoning code amendments (ACC
18.68.030, Public Hearing Process), a Notice of Public Hearing (NOPH) was published in
the Seattle Times newspaper on July 1, 2019 prior to the Planning Commission Public
hearing and posted in three general public places (City Hall, City Annex, and the City's
Public Land Use Notice webpage).
Page 5 of 8
Staff Member: Tate Date: October 15, 2019
A further and more detailed explanation of the changes to each of the four code section follows:
1. ACC 18.08 Text Change to Planned Action Ordinance (PAO) - Exhibits A& B.
First, an explanation of the term: "Planned Actions". A planned action is a tool of the WA State
Environmental Policy Act (SEPA) that was added to the state laws in 1997. A planned action is
a designated development project whose impacts have been addressed by an Environmental
Impact Statement (EIS) associated with a plan for a specific geographic area before individual
development projects are proposed. A planned action involves detailed SEPA review and
preparation of EIS documents in conjunction with sub-area plans, consistent with RCW
43.21C.031 and WAC 197-11-164 through WAC 197-11-172. The tool provides for up-front
analysis of impacts and mitigation measures to facilitate expedited environmental review of
subsequent individual development projects, when determined consistent.
The City adopted Chapter 18.08, 'Northeast Auburn Special Area Plan and Auburn Gateway
Planned Action' in 2011 by Ordinance No. 6382 and has not been used, as no development has
taken place. In summary, the text changes are for the purpose of:
o To recognize the preparation of additional environmental review documents (change
text to recognize the November 2, 2011 EIS addendum and to recognize the future EIS
addendum that is currently being prepared).
o To allow horizontal integrated mixed-use in addition to vertical integrated mixed-use
that is currently required by the zoning classification (While this does not require any text
changes, the PAO refers to the zoning that applies to the site in subsection ACC
18.08.040, 'Planned action thresholds' and the C-4, Mixed Use Commercial is also
proposed to change). By reference, this is also a change.
o To recognize the change in City Department name.
o To increase consistency with the development agreement.
o To recognize any other project changes and associated EIS identified mitigation
measures (Amending Exhibit 1 to the original Ordinance No. 6382, Planned Action
Ordinance).
Please note: that in code subsection 18.08.080, 'Planned action mitigation measures' there is a
reference to a separate document (Exhibit 1) that is not codified in the city's code chapter. This
Exhibit 1 consists of an updated listing of mitigation measures drawn from the EIS's and due to
their length are not made part of the same document.
2. ACC 18.23 Commercial and industrial zones — Exhibit C.
Chapter 18.23 ACC, 'Commercial and industrial zones' describes the purpose statement, uses
regulations, and zoning development standards of certain zoning classifications. The text
changes are related to modifying the "C-4, Mixed Use" zoning classification. The project site is
the only mapped location of this zoning classification in the city. See the following zoning map
excerpt.
Page 6 of 8
Staff Member: Tate Date: October 15, 2019
Zoning Map (excerpt)
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The changes are for the purpose of:
o Change the C-4, Mixed Use Commercial zoning classification to also allow horizontal
integrated mixed-use in addition to vertical integrated mixed-use.
o Change the set of uses to recognize the listed use of: "outdoor recreation use for
profit" in the zoning district subject to an administrative use permit (land use approval).
Page 7 of 8
Staff Member: Tate Date: October 15, 2019
3. ACC 18.31.200 Architectural and Site Design Standards and Regulations — Exhibit D.
This chapter of the zoning code provides an administrative review process for evaluating the
design and arrangement of development. The architectural and site design regulations are
intended to be consistent with and implement the policies of the comprehensive plan. A
further explanation of the purpose can be found at ACC 18.31.200.A. (Purpose and Intent).
The architectural and site design regulations apply either to specific geographic areas of the
city, such as downtown, or to specific types of development,-such as multiple family
residential. There is a document which contains the architectural and site design standards
governing each geographic area or type of development. The "Auburn Gateway
architectural and site design standards": that apply in this instance were specifically adopted
by Resolution No. 4756.
In summary, the text changes are for the purpose of:
o Allow the Design Standards document to be administratively amended by the
Community Development Director rather than amended upon approval by the
Planning and Development Committee of the Auburn City Council. This refers to
Council committee structure which no longer exists because it was changed by
Ordinance No. 6532 in 2014 to provide for study sessions of the entire council. The
approach of administrative changes by the Department director is similar in authority
to the Public Works Department Director approval of the Engineering Design
Standards (ACC 12.04).
o Change the references contained in ACC 18.31.200, (Architectural and site design
review standards and regulations) to recognize any future amendments to the
specific design standards.
o To recognize the change in City Department name.
4. ACC 18.57.030 Mixed use development standard — Exhibit E
Chapter 18.57 ACC, 'Standards for specific land uses' contains zoning development standards
in addition to those contained in the zoning district chapter. This chapter provides site planning,
development, and/or operating standards for certain land uses that are allowed by individual or
multiple zoning districts, and for activities that require special standards to mitigate their
potential adverse impacts. Section ACC 18.57.030, 'Mixed use development' contains
standards that apply when mixed-use development is proposed in the city.
The text amendments to the mixed-use standards are proposed to accomplish the following:
o To allow mixed-use commercial to be changed to allow horizontal mixed-use as well
as vertical. It should be noted that vertical mixed-use is not actively being pursued for
this project.
Page 8 of 8
Exhibit A. Ch. 18.08 Northeast Auburn Special Area Plan I Auburn City Code Page 1 of 8
Chapter 18.08
NORTHEAST AUBURN SPECIAL AREA PLAN AND AUBURN
GATEWAY PLANNED ACTION
Sections:
18.08.010 Purpose of the planned action.
18.08.020 Findings related to the northeast Auburn special area plan.
18.08.030 Applicability of the planned action.
18.08.040 Planned action thresholds.
18.08.050 Review criteria for planned actions.
18.08.060 Effect of planned action designation.
18.08.070 Planned action permit process.
18.08.080 Planned action mitigation measures.
18.08.090 Amendments.
18.08.010 Purpose of the planned action.
The purpose of this chapter is to:
A. Set forth a procedure designating certain project actions within a specific subject site as
"planned actions" consistent with state law, RCW 43.21C.031; and
B. Provide the public with an understanding as to what constitutes a planned action and how land
use applications which qualify as planned actions will be processed by the city; and
C. Streamline and expedite the development review process for this designated planned action by
relying on completed and existing detailed environmental analysis for the subject site; and
D. Combine environmental analysis with land use planning; and
E. Apply the city's development regulations together with the mitigation measures described in the
environmental impact statement(EIS) and EIS addenda and this chapter to address the impacts of
future development contemplated by the planned action. (Ord. 6382§2, 2011.)
18.08.020 Findings related to the northeast Auburn special area plan.
After thorough review and consideration, the city council makes the following findings:
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit A. Ch. 18.08 Northeast Auburn Special Area Plan I Auburn City Code Page 2 of 8
A. The Northeast Auburn special area plan ("subarea plan") and its accompanying draft and final
environmental impact statement ("EIS") and EIS addenda have analyzed and addressed all of the
probable significant environmental impacts associated with the land uses allowed by the city's
development regulations and described in the subarea plan as to the Northeast Auburn special
planning area.
B. The analysis contained in the subarea plan and EIS and addenda is adequate to identify the
probable environmental impacts of developments allowed under the city's development regulations
which were not previously analyzed in the comprehensive plan and its accompanying environmental
documents.
C. The mitigation measures identified in the environmental element of the subarea plan, EIS and EIS
addenda, together with the regulations in the city's development code, are adequate to identify and
mitigate the probable significant environmental impacts of the land uses and developments
considered within the planned action and subarea plan and EIS documents.
D. The expedited development review procedure in this chapter is consistent with law, will be a
benefit to the public, will protect the environment, and will enhance the city's economic development.
E. The public interest will be served by implementing the expedited development review procedure
set forth in this chapter.
F. Public involvement and review of the subarea plan and EIS and EIS addenda have been
extensive and meet the requirements of law, and have been sufficient to ensure that the subarea
plan and EIS bear a substantial relationship to the public interest, health, safety, and welfare.
G. The land uses identified in the subarea plan for the Northeast Auburn special area are consistent
with and will implement the Ceomprehensive Pplan.
H. Northeast Auburn special area is hereby designated a planned action. (Ord.6382§2,2011.)
18.08.030 Applicability of the planned action.
A. Planned Action Area. This chapter applies to approximately 70 acres included in the Auburn
Gateway project area as described in the Northeast Auburn/Robertson Properties special area plan
EIS, issued by the city on July 30, 2004 and EIS Addendum on November 2. 2011 (and any
addenda thereto) and the adoption of the Northeast Auburn/Robertson Properties special area plan.
Any other planned action for which the impacts have been studied in an EIS shall also meet the
requirements of this chapter, be approved by the plaRRing-and-Csommunity Ddevelopment Ddirector
(Ddirector), and be designated as a planned action by resolution of the city council before it shall be
entitled to review and treatment as a planned action under this chapter.
The Auburn City Code is current through Ordinance 6708, passed December 17,2018.
Exhibit A. Ch. 18.08 Northeast Auburn Special Area Plan I Auburn City Code Page 3 of 8
B. Environmental Document. A planned action for a site-specific development shall be based on the
environmental analysis contained in the Northeast Auburn/Robertson Properties special area plan
EIS, issued by the city on July 30, 2004 and EIS Addendum on November 2, 2011 (and any
addenda thereto). The mitigation requirements in this chapter are based on the Northeast
Auburn/Robertson Properties special area plan EIS and addenda. These requirements, together with
city codes, ordinances, and standards provide the framework for the decision by the city to impose
conditions on a planned action project.
C. Planned Action Designated. Uses and activities described in the Northeast Auburn/Robertson
Properties special area plan EIS (and any addenda thereto), subject to thresholds (ACC 18.08.040)
and mitigation measures established by this chapter, are designated planned actions pursuant to
RCW 43.21C.031. (Ord. 6382 § 2, 2011.)
18.08.040 Planned action thresholds.
Subject to the zoning regulations for the site and the mitigation measures described in this chapter,
the maximum levels of development described below have been evaluated in the Northeast
Auburn/Robertson Properties special area plan EIS, as described in the EIS (and any addenda
thereto), and are planned actions pursuant to RCW 43.21 C.031. In order to qualify as a planned
action, total cumulative development within the Auburn Gateway project area that has been
permitted under this chapter shall meet all of the following criteria:
A. Land Use.
1. The following are the primary categories of uses authorized under this planned action:
a. Office.
b. Retail.
c. Multifamily residential.
2. Land Use Review Threshold. The planned action designation applies to future development
proposals within the Auburn Gateway project area which are within the range evaluated in the
Northeast Auburn/Robertson Properties special area plan EIS and the EIS addenda as shown
below.
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit A. Ch. 18.08 Northeast Auburn Special Area Plan I Auburn City Code Page 4 of 8
Maximum
Maximum
Use Structure
Allowable
Height
Multifamily 500 dwelling units 75 feet
residences
Retail 720,000 square 75 feet
uses feet
Office 1,600,000 square 75 feet
uses feet
B. Transportation.
1. Trip Ranges. Cumulative development within the Auburn Gateway project area that does not
exceed the following range of trip generation from all uses developed within the Auburn
Gateway project area shall qualify as a planned action:
Maximum Net New(Non-Pass-By) Trip Generation Allowable in the Auburn Gateway
Project Area
Time Range Net New Trips
AM peak hour(primary) 1,862
PM peak hour(primary) 2,419
Daily Total: 18,920 Non-Pass-by Trips ("Auburn Gateway Transportation Impact Analysis"
prepared by Transportation Solutions, Inc. in October 2011 for the Auburn Gateway
Environmental Impact Statement(EIS) addendum).
2. The net new(non-pass-by) trip generation within a single phase shall qualify as a planned
action that does not exceed the following:
Maximum Net New Trips Allowable within a Single Phase of the Auburn Gateway Project
Area
Time Range Net New Trips
AM Peak Hour(primary) 1,117
PM Peak Hour(primary) 1,451
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit A. Ch. 18.08 Northeast Auburn Special Area Plan I Auburn City Code Page 5 of 8
C. Earthwork. The maximum amount of excavation and fill qualifying as a planned action shall be
250,000 cubic yards of excavation and 750,000 cubic yards of fill.
D. Air Quality. Modifications to regional arterials included in the planned action include potential new
signals on Auburn Way North at 45th Street NE and 49th Street NE, and at the driveway access to
Auburn Way North midpoint between the two intersections, if demonstrated by analysis of signal
warrants and on South 277th Street and 45th Street NE at a relocated I Street NE. A roundabout or
traffic signal would be provided at the intersection of 49th Street NE and I Street NE and a future
signal at 45th Street NE.
E. Water.
1. Floodplain Modifications. Up to 33.73 acre feet of floodplain storage volume may be filled
within the Auburn Gateway project area based on the 1995 FEMA floodplain. The actual amount
of floodplain modification and storage compensatory flood storage volume will depend on the
FEMA floodplain regulations in effect at the time of development. Since the extent of floodplain
and amount of fill may be subject to change it may be subject to further environmental review.
The amount of floodplain affected will require that compensatory volume is provided at the time
of fill.
2. Impervious Surfaces. Up to 90 percent of the Auburn Gateway site area may be covered
with impervious surfaces.
F. Plants and Animals. Up to 0.55 acres of wetland fill placed in accordance with local, state, and
federal regulations in the wetland ditches along South 277th Street(approximately 0.5 acres), and
as necessary to complete required improvements for I Street NE and 49th Street NE (up to 0.25
acres of wetland fill within the Auburn Gateway project area), shall qualify as part of this planned
action. The wetland impacts to the yet undelineated Wetland F within the Gateway II project area will
be in accordance with local, state and federal regulations in effect.
G. Time of Submission. The application is submitted during the time that the development
agreement between the city of Auburn and Robertson Auburn Properties, entered into on November
21, 2011, is in effect. (Ord.6382§2, 2011.)
18.08.050 Review criteria for planned actions.
The director or director's designee is hereby authorized to designate a project application as a
planned action if the project meets all of the following conditions:
A. The project is consistent with the adopted comprehensive plan.
B. The project is located on the subject site as described with the planned action ordinance.
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit A. Ch. 18.08 Northeast Auburn Special Area Plan I Auburn City Code Page 6 of 8
C. The project's significant environmental impacts have been adequately addressed in the EIS and
EIS addenda.
D. The project complies with the planned action thresholds.
E. The project's significant impacts have been mitigated though application of the mitigation
measures identified in the EIS documents EIS addenda, and other city requirements.
F. The project is not an essential public facility. (Ord. 6382§2, 2011.)
18.08.060 Effect of planned action designation.
A. Upon designation by the-plan-Ring Community Development Ddirector that the project qualifies
as a planned action, the project shall not be subject to a SEPA threshold determination, an
environmental impact statement(EIS), or any further review under SEPA.
B. Being designated a planned action means that a proposed project has been reviewed in
accordance with this chapter, and found to be consistent with the development parameters and
environmental analysis included in the EIS documents and EIS addenda.
C. Planned actions will not be subject to further procedural review under SEPA. However, projects
may be subject to conditions designed to mitigate any environmental impacts which may result from
the project proposal, and projects will be subject to whatever permit requirements are deemed
appropriate by the city under state and city laws and ordinances. The planned action designation
shall not excuse a project from meeting the city's code and ordinance requirements apart from the
SEPA process. (Ord.6382§2, 2011.)
18.08.070 Planned action permit process.
The Ddirector shall establish a procedure to review projects and determine whether they meet the
planned action criteria, and establishing minimum application and notice requirements. The
procedure shall consist, at a minimum, of the following:
A. Developments shall meet the requirements of ACC Titles 12, 13, 14, 15, 16, 17, 18, and 19,
unless modified by the development agreement . Application shall be made on the forms provided by
the city and shall include a SEPA checklist(where approved through WAC 197-11-315(2)) or such
other environmental review forms provided by the city.
B. The Ddirector shall determine if the application is complete as provided in Chapter 14.06 ACC.
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit A. Ch. 18.08 Northeast Auburn Special Area Plan I Auburn City Code Page 7 of 8
C. If the project is within the area designated as a planned action, the application shall be reviewed
to determine if it is consistent with all of the requirements in this chapter.
D. When a complete application for development has been determined by the city to qualify as a
planned action, the Ddirector shall notify the applicant and the project shall proceed in accordance
with the appropriate permit procedure, with the exception that no additional SEPA review, threshold
determination, or EIS shall be required.
E. Public notice for project qualifying as planned actions shall be tied to the underlying permit. If
notice is otherwise required for the underlying permit, the notice shall state that the project has
qualified as a planned action. If notice is not otherwise required for the underlying permit, no special
public notice is required.
F. If a project is determined to not qualify as a planned action, the Ddirector shall so notify the
applicant and the SEPA responsible official, and shall prescribe a SEPA review procedure consistent
with the city's SEPA regulations and the requirements of state law. (Ord. 6382§2, 2011.)
18.08.080 Planned action mitigation measures.
The planned action mitigation measures set forth in the Exhibit 1 attached to the ordinance codified
in this chapter and incorporated herein by this reference shall apply to the project identified therein.
This Exhibit 1 shall not be codified with the provisions of this chapter, but shall be on file and
available for review in the office of the city clerk. (Ord.6382§2, 2011.)
18.08.090 Amendments.
Amendments to this chapter may be initiated by the city, the proponent, or the proponent's
successor, and shall occur as follows:
A. The Ddirector = ._ -• - _- - -_••-• - _ ___ _ _ may interpret the words and
meaning of certain conditions in order to resolve conflicts in implementation. All words in the
ordinance codified in this chapter shall carry their customary and ordinary meaning.
B. If changes to the language of the ordinance codified in this chapter are required, such proposed
changes shall be reviewed by the Ddirector : • t: - se -• -•= e-e '- _ -. If, in the
estimation of the Ddirector e -e••-•-•.' -- - -- • - _ _- _ - _ , the proposed change is
minor, then the proposed change shall be forwarded directly to the city council for its consideration.
If, in the estimation of the Ddirector - - - -- --e e- - .- _ , the change is
major, the proposed change shall be referred to the planning commission which shall conduct a
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit A. Ch. 18.08 Northeast Auburn Special Area Plan I Auburn City Code Page 8 of 8
public hearing and make a recommendation to the city council. (Ord.6532§28, 2014; Ord.6382§2,
2011.)
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
(Amending and superseding Exhibit 1 to Ordinance # 6382, Planned Action
Ordinance)
D. Prior to any Issuance of Permits for Vertical Construction of
structures of the Project:
General:
1. The City Engineer may modify requirements for public improvements required to
be constructed for this project by City code, Engineering Design Standards, or in
the adopted mitigation measures. The process for modification of these
requirements will be that specified in Chapter 12.64A of the Auburn City Code or
Section 1.04 of the Engineering Design Standards.
Phasing Plan:
2. Prior to any vertical construction of structures, the Applicant shall provide to the
City for review and approval an Overall Phasing Plan. The Overall Phasing Plan
shall identify the building, site work, and public infrastructure for each phase of
the work associated with the phased construction and phased occupancy for the
site. The Plan shall incorporate all elements of the various master plans identified
below and the Conceptual Site Plan prepared by the Applicant and made
Attachment#2 to Resolution#5442, the Amended and Restated Development
Agreement.
This Overall Phasing Plan may include, or may be separate from the phasing
proposal needed to be submitted by the Applicant and approved by the City to
support occupancy of individual buildings.
Master Plans:
Floodplain Master Plan
3. Prior to issuance of permit for vertical construction for any structures, the Applicant
shall provide to the City for review and approval a Floodplain Master Plan for the
Project. The Plan shall include the approximate location and estimated volume of
existing on-site areas located with the 2017 FEMA maps of floodplain. The Plan
shall also identify in narrative and plan view format a conceptual proposal for any
temporary or permanent alteration of the current location of floodplain volume, while
maintaining hydrologic connectivity to off-site floodplain. The Plan shall also
identify in narrative and plan view format a proposal for location of floodplain
volume and depth to achieve development for the northern portion of the site
consistent with that portrayed on the Conceptual Site Plan made Attachment#6 to
Resolution#5442, the Amended and Restated Development Agreement.
Storm Drainage Master Plan
4. Prior to issuance of permit for vertical construction for any structures, the
Applicant shall provide to the City for review and approval a Storm Drainage
Master Plan for the Project. The Plan shall be based on the Conceptual Site Plan
made Attachment#2 to Resolution#5442 for the northern portion of the site. The
plan shall include the approximate location and size of all major storm drainage
conveyance pipes, water quality treatment facilities, and flow control facilities in
conformance with the City's Engineering Design Standards. The storm drainage
master plan shall contain sufficient information, including supporting storm
drainage calculations, to demonstrate that the system configuration is feasible and
is capable of meeting city standards. The initial Storm Drainage Master Plan may
be based on the current conditions of the site and floodplain mitigation
requirements.
Prior to issuance of permits for vertical construction of any structures on the
portion of the site located north of 49th Street NE,the Applicant will update the
Storm Drainage Master Plan with the specific revised plans for this area provided
that any infrastructure already in place is not impacted by the changes, or if they
are impacted, that provisions to address the impacts are made as determined
satisfactory by the City Engineer.
In addition, if the storm drainage discharge from the project is not as proposed in
previous drainage analysis prepared for the purposes of the EIS ("Hydraulic Model
Evaluation of Potential Drainage System Impacts Associated with the Auburn
Gateway Project", Herrera, 2003)and the discharge is all directed to either: South
277th Street(EIS Scenario 3a)or split evenly between South 277th Street and D
Street NE (EIS Scenario 3b),then additional downstream drainage analysis shall be
required as directed by the City Engineer prior to issuance of a permit for vertical
construction.
The Overall Phasing Plan shall also define which improvements are to be constructed
concurrent with each phase of the Project.
Water Master Plan
5. Prior to issuance of permit for vertical construction, the Applicant shall provide to
the City for review and approval a Water Master Plan for the Project. The Plan
shall include the approximate location and size of all mainline pipes, valves, and
fire hydrants in conformance with the City's Comprehensive Water Plan and
Engineering Design Standards. The Water Master plan shall contain sufficient
information, including hydraulic analysis, if deemed necessary by the City
Engineer,to demonstrate that the system layout is feasible and provides adequate
fire flow and system reliability and provides locations for services and mainlines
located within all public roadways.
The Overall Phasing Plan shall also define which improvements are to be constructed
concurrent with each phase of the Project. The Conceptual Site plan prepared by the
Applicant and made Attachment#2 to Resolution#5442 for the northern portion
of the site may serve as the initial basis for the development of the area north of 49th
St NE. Prior to issuance of permits for vertical construction of any structures
portion of the site located north of 49th Street NE, the Applicant will update the
Master Plan with the specific plans for this area provided that any infrastructure in
place is not impacted by the changes, or if they are impacted that provisions to
address the impacts are made as determined satisfactory by the City Engineer.
The Water Master Plan shall include the following improvements:
• Replace the existing 8-inch and 6-inch water pipes with 12-inch water pipe in
49 Street NE from Auburn Way North to I Street NE.
• Construct a new 12-inch water pipe along the extension of I Street NE
between 49th Street NE and South 277th Street.
• Construct a new 12-inch water pipe along the extension of I Street NE
between 45th Street NE and 49th Street NE unless provided for through the
project site to the satisfaction of the City Engineer.
Sanitary Sewer Master Plan
6. Prior to issuance of permit for vertical construction,the applicant shall provide to the
City for review and approval a Sanitary Sewer Master Plan for the Project. The plan
shall include the approximate location, elevation, and size of all mainline pipes and
manholes in conformance with the City's Comprehensive Sanitary Sewer Plan and
Engineering Design Standards. In addition, services located within public
roadways shall be identified in the Sanitary Sewer Master Plan. The sanitary
sewer master plan shall contain sufficient information, including hydraulic
analysis if deemed necessary by the City Engineer, to demonstrate that the system
layout is feasible and is capable of meeting city standards.
The Overall Phasing Plan shall also define which improvements are to be
constructed concurrent with each phase of the Project. The Conceptual Site plan
prepared by the Applicant and made Attachment#2 to Resolution#5442 for the
northern portion of the site may serve as the initial basis for the development of the
area north of 49th St NE. Prior to issuance of permits for vertical construction of
any structures portion of the site located north of 49th Street NE,the Applicant will
update the Master Plan with the specific plans for this area provided that any
infrastructure in place is not impacted by the changes, or if they are impacted that
provisions to address the impacts are made as determined satisfactory by the City
Engineer.
Storm Drainage, Water, and Sanitary Sewer(combined) Master Plan
7. Prior to issuance of permit for vertical construction, the Applicant shall submit
Civil Utilities Construction Plans,consistent with the approved Overall Phasing
Plan and consistent with the approved:
• Storm Drainage Master plan,
• Water Master Plan, and
• Sanitary Sewer Master Plan
to the City for review and approval in conformance with the City's Engineering
Design Standards
Transportation-Related Master Plans
8. Prior to issuance of permit for vertical construction, the Applicant shall provide a
Pedestrian/Non-motorized Circulation Master Plan to the City for review and
approval. The Pedestrian/Non-motorized Circulation Master Plan shall be in
conformance with the City's engineering design standards and provide an efficient
and safe pedestrian circulation system that provides appropriate crossing of I
Street NE, D Street NE, and 49th Street NE at places where pedestrian/non-
motorized crossings are likely to occur and where crossings can be safely
accommodated with necessary improvements to minimize travel distances and
control devices. The Pedestrian/Non-Motorized Circulation Master Plan shall
specify the location and types of paths, methods to be used to address safety at
street and driveway crossings, and the framework of connections and amenities to
be developed, as described in the "Auburn Gateway Architectural and Site Design
Standards", BCRA Inc., October 2011. The Plan shall be coordinated with King
County Metro Transit and shall include the approximate locations of existing and
proposed transit stops and associated facilities serving the Auburn Gateway
Project.
The Overall Phasing Plan shall also define which pedestrian/non-motorized
improvements are to be constructed concurrent with each phase of the Project.
9. Prior to issuance of permit for vertical construction, the Applicant shall provide an
Access and Onsite Vehicular Circulation Master Plan to the City for review and
approval. The plan shall be in conformance with the City's Engineering Design
Standards and include locations and dimensions of access points expected for all
portions of the Auburn Gateway project area. The Conceptual Site Plan as made
attachment#2 to Resolution#5442 for the northern portion of the site may serve as
the initial basis for the development of the area north of 49th St NE. Prior to issuance
of permits for vertical construction of any structures portion of the site located
north of 49th Street NE, the Applicant will update the Master Plan with the specific
plans for this area provided that any infrastructure in place is not impacted by the
changes or if they are impacted that provisions to address the impacts are made as
determined satisfactory by the City Engineer. The Access and Onsite Vehicular
Circulation Master Plan must be accompanied with a traffic analysis that indicates
commercial/delivery vehicle turning templates, emergency access lanes, and the
volumes of traffic and levels of service expected at each access location.
The Overall Phasing Plan shall also define which access points are to be
constructed concurrent with each phase of the Project.
10. Prior to issuance of permit for vertical construction, the Applicant shall provide a
Motorized Public Improvement Master Plan to the City for review and
approval. The plan shall be in conformance with the City's Engineering Design
Standards and include streets, traffic signals, and intersection improvements for all
portions of the Auburn Gateway project area.
The Overall Phasing Plan shall also define which street improvements are to be
constructed concurrent with each phase of the Project.
The Motorized Public Improvement Master plan shall include the following
improvements:
• Complete a traffic signal at the intersection of South 277th Street and I Street
NE including two traffic monitoring cameras. The signalized intersection
shall consists of two westbound through lanes, one westbound left turn
pocket, three eastbound through lanes, one eastbound right-turn pocket, and
two to three northbound turning lanes.
• Complete I Street NE from 45th Street NE to South 277th Street. This
roadway shall be designed to the city's Minor Arterial standard and include at
a minimum 2, 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 with
S 277th Street.
• Complete a roundabout at intersection of I Street NE and 49th Street NE
designed to accommodate the future eastward street extension of 49th St NE.
• Complete 49th Street NE between Auburn Way North and I Street NE, within
the existing right-of-way. This street shall be designed as a Non-Residential
Collector including at a minimum 2, 14-foot wide through lanes, shared use
path on the north side of 49th Street NE, 10-foot sidewalk on the south side of
49th Street NE and an 11-foot wide center turn lane.
• Complete a traffic signal at the intersection of 49th Street NE and Auburn
Way North including one traffic monitoring camera within the existing right-
of-way.
• Complete D Street NE from Auburn Way North to S 277th Street. This street
shall be designed as a Local Non-Residential street and applicant shall
construct a cul-de-sac at southern terminus of D Street NE at Auburn Way
North and eliminate the vehicular connection to Auburn Way North.
• Complete any additional off-site mitigation as identified in the EIS Addendum
completed October 2019.
11. Prior to issuance of permit for vertical construction,the Applicant shall submit Civil
Transportation Construction Plans,consistent with the approved Overall Phasing
Plan and consistent with the approved:
• pedestrian/non-motorized circulation master plan,
• transit master plan,
• access and onsite vehicular circulation master plan, and
• motorized public improvement master plan
to the City for review and approval in conformance with the City's Engineering
Design Standards.
Signage Master Plan
12. Prior to issuance of permit for vertical construction, the Applicant shall submit a
Signage Master Plan to establish locations sizes and materials for all types of
signage to be used in subsequent phases (except traffic control signage). The
signage master plan shall be prepared in accordance with the provisions of ACC
18.56.030.K, in effect as provided in the vesting provisions of the development
Agreement between the City and Developer. The plan shall include commercial
and directional signage as well as interpretive material such as information on
wildlife near wetlands or historical information about the area. The plan shall be
coordinated with the Auburn Gateway Architectural and Site Design Standards
document. The Signage Master Plan shall be recorded as required by ACC
18.56.030.M.
13.Project plans shall demonstrate that the proposed project is consistent with the
approved signage master plan. Modifications to the signage master plan may be
allowed by the Director only after determining that the changes are consistent with
the "Auburn Gateway Architectural and Site Design Standards," BCRA Inc.,
October 2011, or as may be specifically modified for the Auburn Gateway Project.
Visual/Aesthetics
14.Project construction plans shall adhere to the document: "Auburn Gateway
Architectural and Site Design Standards", BCRA Inc.; October 2011 or as may be
specifically modified for the Auburn Gateway Project.
15. Project plans shall incorporate principles of crime prevention through
environmental design(CPTED) in all project designs. These include but are not
limited to the measures discussed in the "Auburn Gateway Architectural and Site
Design Standards", BCRA Inc. October 2011.
Noise
16. Prior to the issuance of a permit for vertical construction, the Applicant shall
prepare and submit a Noise Control Plan to be approved by the City of Auburn for
areas in which noise-generating equipment, such as mechanical equipment(i.e.,
heating, ventilating, and air conditioning [HVAC] systems), loading docks, solid
waste removal areas, compactors, outdoor retail speakers, and backup power
generators, cannot be located away from noise-sensitive receivers. The City of
Auburn may require noise containment systems where necessary to meet the noise
regulations. Prior to the issuance of a permit for vertical construction,the
Applicant shall provide a binding agreement to ensure that all subsequent
applications for City approval shall meet parameters of the approved noise control
plan. Project plans shall include the use of buildings, fences, berms, or large
landscape buffers to shield noise-sensitive receivers from onsite traffic noise.
17. Automobile fuel stations shall be located as far as possible from residential uses. If
located within 100 feet of residential uses, the City of Auburn may require
additional design measures to limit noise,odor,and glare impacts.
18. Outdoor activity areas such as eating and drinking establishments shall be located
away from residential areas. If located closer than 300 feet to a residential area the
City of Auburn may require design measures or operational restrictions to limit
noise impacts from late evening use.
Critical Area
19. The project's critical areas report identifies the following mitigation measures to
minimize or avoid impacts to wetlands and watercourses. These are not addressed by
City code requirements and are not addressed by the plans required to be prepared and
submitted to the city as part of the development approvals and thus shall be observed in
the construction and operation of the Project.
a. Apply integrated management practices to minimize fecal coliforms, heavy
metals, and nutrients from entering wetlands and watercourses.
b. Establish covenants limiting the use of pesticides within 150 feet of wetlands
and watercourses.
c. Apply integrated pest management to control rodents and other vermin.
d. Use insect, animal, and plant pesticides according to manufacturer directions;
do not over apply.
e. Keep pets on a leash when outside and not with designated fenced pet exercise
areas and do not let pets roam into critical area buffers, as reinforced by
signage.
Exhibit C. Ch. 18.23 Commercial and Industrial Zones I Auburn City Code Page 1 of 13
Chapter 18.23
COMMERCIAL AND INDUSTRIAL ZONES
Sections:
18.23.010 Purpose.
18.23.020 Intent of commercial and industrial zones.
18.23.030 Uses.
18.23.040 Development standards.
18.23.050 Additional development standards for C-2, central business zone.
18.23.060 Additional development standards for the ep, environmental park zone.
18.23.010 Purpose.
This chapter lists the land uses that may be allowed within the commercial and industrial zones
established by ACC 18.02.070 (Establishment of zones), determines the type of land use approval
required for each use, and provides basic and additional development standards for sites, buildings,
and associated improvements. (Ord.6433§26, 2012.)
18.23.020 Intent of commercial and industrial zones.
A. General. This section describes the intent for each of the city's commercial and industrial zones.
These intent statements are to be used to guide the interpretation of the regulations associated with
each zone. The planning director is authorized to make interpretations of these regulations based on
his/her analysis of them together with clear and objective reasons for such interpretation.
B. C-N, Neighborhood Shopping Center Zone. The C-N zone is intended to provide areas
appropriate for neighborhood shopping establishments which provide limited retail business, service
and office facilities for the convenience of residents of the neighborhood. A neighborhood shopping
center is designed and located so as to minimize traffic congestion on public highways and streets in
its vicinity and to best fit the general land use pattern of the area to be served by the center. The
protective standards contained in this chapter are intended to minimize any adverse effect of the
neighborhood shopping center on nearby property values and to provide for safe and efficient use of
the neighborhood shopping center itself.
C. C-1, Light Commercial Zone. The C-1 zone is intended for lower intensity commercial adjacent
to residential neighborhoods. This zone generally serves as a transition zone between higher and
lower intensity land uses, providing retail and professional services. This zone represents the
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit C. Ch. 18.23 Commercial and Industrial Zones I Auburn City Code Page 2 of 13
primary commercial designation for small—to moderate-scale commercial activities compatible by
having similar performance standards and should be developed in a manner which is consistent with
and attracts pedestrian-oriented activities. This zone encourages leisure shopping and provides
amenities conducive to attracting shoppers and pedestrians.
D. C-2 Central Business District Zone. The intent of the C-2 zone is to set apart the portion of the
city proximate to the center for financial, commercial, governmental, professional, and cultural
activities. Uses in the C-2 zone have common or similar performance standards in that they
represent types of enterprises involving the rendering of services, both professional or to the person,
or on-premises retail activities. This zone encourages and provides amenities conducive to attracting
pedestrians.
E. C-3, Heavy Commercial Zone. The intent of the C-3 zone is to allow for medium to high intensity
uses consisting of a wide range of retail, commercial, entertainment, office, services, and
professional uses. This zone is intended to accommodate uses which are oriented to automobiles
either as a mode or target of the commercial service while fostering a pedestrian orientation. The
uses allowed can include outside activities, display, fabrication or service features when not the
predominant portion of the use. The uses enumerated in this classification have potential for impacts
to surrounding properties and street systems than those uses permitted in the more restrictive
commercial classifications.
F. C-4, Mixed-Use Commercial Zone. The intent of the C-4 zone is to provide for a pedestrian-
oriented mix of retail, office, and limited multiple-family residential uses. This classification is also
intended to allow flexibility in design and the combination of uses that is responsive to market
demands. The uses enumerated in this classification anticipate a mix of multiple-family residential,
retail, and office uses that are coordinated through a site-specific planning process. The multiple-
family residential must be located in a multi-story building; the ground floor of which must contain a
permitted use or combination of uses, other than parking, as4isted in this chapter. Certain heavy
commercial uses permitted in other commercial classifications are not permitted in this zone
because of the potential for conflicts with multifamily residential uses, in order to achieve a quality of
environment that is conducive to this mix of uses.
G. M-1, Light Industrial Zone. The intent of the M-1 zone is to accommodate a variety of industrial,
commercial, and limited residential uses in an industrial park environment, to preserve land primarily
for light industrial and commercial uses, to implement the economic goals of the comprehensive plan
and to provide a greater flexibility within the zoning regulations for those uses which are non-
nuisance in terms of air and water pollution, noise, vibration, glare or odor. The light
industrial/commercial character of this zone is intended to address the way in which industrial and
commercial uses are carried out rather than the actual types of products made.
The character of this zone will limit the type of primary activities which may be conducted outside of
enclosed buildings to outdoor displays and sales. Uses which are not customarily conducted indoors
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit C. Ch. 18.23 Commercial and Industrial Zones I Auburn City Code Page 3 of 13
or involve hazardous materials are considered heavy industrial uses under this title and are not
appropriate for the M-1 zone. An essential aspect of this zone is the need to maintain a quality of
development that attracts rather than discourages further investment in light industrial and
commercial development. Consequently, site activities which could distract from the visual quality of
development of those areas, such as outdoor storage, should be strictly regulated within this zone.
H. EP, Environmental Park Zone. The environmental park district is intended to allow uses in
proximity to the Auburn Environmental Park that benefit from that location and will complement the
park and its environmental focus. Uses allowed in this zone will focus upon medical, biotech and
"green" technologies including energy conservation, engineering, water quality and similar uses.
Other uses complementary to and supporting these uses are also allowed. Incorporation of
sustainable design and green building practices will be a primary aspect of this zone. The
construction of leadership in energy and environmental design (LEED) and built green certified
buildings is encouraged and built green will be required for multiple-family dwellings. The city
recognizes that much of the property in this zone was developed under earlier standards, so the
goals of the district will be realized over a period of time as properties are redeveloped.
I. M-2, Heavy Industrial Zone. The M-2 zone is intended to accommodate a broad range of
manufacturing and industrial uses. Permitted activity may vary from medium to higher intensity uses
that involve the manufacture, fabrication, assembly, or processing of raw and/or finished materials.
Heavy industrial uses should not be located near residential development.
While other uses may be sited within this zone, permits for such uses should not be issued if such
uses will discourage use of adjacent sites for heavy industry, interrupt the continuity of industrial
sites, or produce traffic in conflict with the industrial uses. (Ord. 6433§26, 2012.)
18.23.030 Uses.
A. General Permit Requirements. Table 18.23.030 identifies the uses of land allowed in each
commercial and industrial zone and the land use approval process required to establish each use.
B. Requirements for Certain Specific Land Uses. Where the last column in Table 18.23.030
("Standards for Specific Land Uses") includes a reference to a code section number, the referenced
section determines other requirements and standards applicable to the use regardless of whether it
is permitted outright or requires an administrative or conditional use permit.
Table 18.23.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit C. Ch. 18.23 Commercial and Industrial Zones I Auburn City Code Page 4 of 13
P—Permitted
C—Conditional
PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY ZONE
A—Administrative
X—Prohibited
Zoning Designation Standards for Specific
LAND USE
C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses
INDUSTRIAL, MANUFACTURING AND PROCESSING,WHOLESALING
Building contractor, X X X P X P X P
light
Building contractor, X X X X X A X P
heavy
Manufacturing, X X X P X P P P ACC 18.31.180
assembling and
packaging—Light
intensity
Manufacturing, X X X A X P A P ACC 18.31.180
assembling and
packaging—Medium
intensity
Manufacturing, X X X X X X X A ACC 18.31.180
assembling and
packaging—Heavy
intensity
Marijuana processor X X X X X C C C Chapter 18.59 ACC
Marijuana producer X X X X X C C C Chapter 18.59 ACC
Marijuana researcher X X X X X C C C Chapter 18.59 ACC
Marijuana retailer X X X C X C C C Chapter 18.59 ACC
Marijuana transporter X X X X X C C C Chapter 18.59 ACC
business
Outdoor storage, X X X P X P P P ACC 18.57.020(A)
incidental to principal
permitted use on
property
Storage—Personal X P X P X P X P ACC 18.57.020(B)
household storage
facility(mini-storage)
Warehousing and X X X X X P P C ACC 18.57.020(C)
distribution
Warehousing and X X X P X P P P
distribution, bonded
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit C. Ch. 18.23 Commercial and Industrial Zones I Auburn City Code Page 5 of 13
P—Permitted
C—Conditional
PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY ZONE
A—Administrative
X—Prohibited
Zoning Designation Standards for Specific
LAND USE
C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses
and located within a
designated foreign
trade zone
•
Wholesaling with on- X X X P X P P P
site retail as an
incidental use(coffee,
bakery, e.g.)
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Commercial recreation X P P P P P P A
facility, indoor
Commercial recreation X X X A XA P A 'A ACC 18.57.025(A)
facility, outdoor
Conference/convention X X A A X A X X
facility
Library, museum X A A A X A P X
Meeting facility, public A P P P X A P A
or private
Movie theater, except X P P P P X X X
drive-in
Private school— A A P P P P P P
Specialized
education/training(for
profit)
Religious institutions, A P P P A A A A
lot size less than one
acre
Religious institutions, C P P P A A A A
lot size more than one
acre
Sexually oriented X X X P X P X P Chapter 18.74 ACC
businesses
Sports and X X A A X A X A
entertainment
assembly facility
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit C. Ch. 18.23 Commercial and Industrial Zones I Auburn City Code Page 6 of 13
P—Permitted
C—Conditional
PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY ZONE
A—Administrative
X—Prohibited
Zoning Designation Standards for Specific
LAND USE
C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses
Studio—Art, dance, P P P P P P A A
martial arts, music, etc.
RESIDENTIAL
Caretaker apartment X P P P X P P P
Live/work unit X X P P P P P X
Work/live unit X P P P P P P X
Marijuana cooperative X X X X X X X X
Multiple-family X X P P P P P X ACC 18.57.030
dwellings as part of a
mixed-use
development2
Multiple-family X X X X X X X X
dwellings, stand-alone
Nursing home, X P P P C X X X
assisted living facility
Senior housing2 X X A A X X X X
RETAIL
Building and X X X P X P X P ACC 18.57.035(A)
landscape materials
sales
Construction and X X X X X A X P
heavy equipment sales
and rental
Convenience store A A P P X P P P
Drive-through A A A P A P A A
espresso stands
Drive-through facility, A A A P P P X P ACC 18.52.040
including banks and
restaurants
Entertainment, X A P P X A X A
commercial
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit C. Ch. 18.23 Commercial and Industrial Zones I Auburn City Code Page 7 of 13
P—Permitted
C—Conditional
PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY ZONE
A—Administrative
X—Prohibited
Zoning Designation Standards for Specific
LAND USE
C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses
Groceries, specialty P P P P P P P X ACC 18.57.035(B)
food stores
Nursery X X X P A P X P ACC 18.57.035(C)
Outdoor displays and P P P P P P P P ACC 18.57.035(D)
sales associated with a
permitted use
(auto/vehicle sales not
included in this
category)
Restaurant, cafe, P P P P P P P P
coffee shop
Retail
Community retail A P P P P P X P
establishment
Neighborhood retail P P P P P P X P
establishment
Regional retail X X X P P P X A
establishment
Tasting room P P P P P P P P
Tavern P P X P P P X A
Wine production A P P P P P P P
facility, small craft
distillery, small craft
brewery
SERVICES
Animal daycare A A A P A P X P ACC 18.57.040(A)
(excluding kennels and
animal boarding)
Animal sales and P P P P P P X P ACC 18.57.040(B)
services(excluding
kennels and veterinary
clinics)
•
Banking and related P P P P P P P P
financial institutions,
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit C. Ch. 18.23 Commercial and Industrial Zones I Auburn City Code Page 8 of 13
P—Permitted
C—Conditional
PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY ZONE
A—Administrative
X—Prohibited
Zoning Designation Standards for Specific
LAND USE
C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses
excluding drive-
through facilities
Catering service P P P P A P A P
Daycare, including A P P P P P P X
mini daycare,daycare
center, preschools or
nursery schools
Dry cleaning and P P P P P P P P
laundry service
(personal)
Equipment rental and X X X P X P X P
leasing
Kennel, animal X X X A X A X A ACC 18.57.040(C)
boarding
Government facilities; A A A A A A A A
this excludes offices
and related uses that
are permitted outright
Hospital X P P P X P X P
Lodging—Hotel or X P P P P A P A
motel
Medical—Dental clinic P P P P P P X X
Mortuary,funeral A P X P X P X X
home, crematorium
Personal service P P P P P P X X
shops
Pharmacies P P P P P X X X
Print and copy shop P P P P P P X X
Printing and publishing X A P P P P P P
(of books, newspaper
and other printed
matter)
Professional offices P P P P P P P P
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit C. Ch. 18.23 Commercial and Industrial Zones I Auburn City Code Page 9 of 13
P—Permitted
C—Conditional
PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY ZONE
A—Administrative
X—Prohibited
Zoning Designation Standards for Specific
LAND USE
C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses
Repair service— X A P P P P X P ACC 18.57.040(D)
Equipment, appliances
Veterinary clinic, A P P P P P X X
animal hospital
Youth community X P X X X X X X ACC 18.57.040(E)
support facility
TRANSPORTATION,COMMUNICATIONS AND INFRASTRUCTURE
Ambulance,taxi, and X X X A X P X P
specialized
transportation facility
Broadcasting studio X P X P X P X P
Heliport X X X C X C X C
Motor freight terminal' X X X X X X X X See Footnote No. 1
Parking facility, public X P P P P P P X
or commercial, surface
Parking facility, public X P P P P P P X
or commercial,
structured
Towing storage yard X X X X X A X P ACC 18.57.045(A)
Utility transmission or A A A A A A A A
distribution line or
substation
Wireless — — — — — — — — ACC 18.04.912,
communication facility 18.31.100
(WCF)
VEHICLE SALES AND SERVICES
Automobile washes X A X P P P X P ACC 18.57.050(A)
(automatic,full or self-
service)
Auto parts sales with X A A P P P X P
installation services
Auto/vehicle sales and X A X P X P X P ACC 18.57.050(B)
rental
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit C. Ch. 18.23 Commercial and Industrial Zones I Auburn City Code Page 10 of 13
P—Permitted
C—Conditional
PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY ZONE
A—Administrative
X—Prohibited
Zoning Designation Standards for Specific
LAND USE
C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses
Fueling station X A A P P P X P ACC 18.57.050(C)
Mobile home, boat, or X X X P X P X P
RV sales
Vehicle services— X X A P X P X P ACC 18.57.050(D)
Repair/body work
OTHER
Any commercial use A A A A A A A A
abutting a residential
zone which has hours
of operation outside of
the following: Sunday:
9:00 a.m.to 10:00 p.m.
or Monday—Saturday:
7:00 a.m.to 10:00 p.m.
Other uses may be P P P P P P P P
permitted by the
planning director or
designee if the use is
determined to be
consistent with the
intent of the zone and
is of the same general
character of the uses
permitted. See ACC
18.02.120(C)(6),
Unclassified Uses.
1 Any motor freight terminal, as defined by ACC 18.04.635, in existence as of the effective date of the ordinance
codified in this section, is an outright permitted use in the M-1 and M-2 zones.Any maintenance, alterations and
additions to an existing motor freight terminal which are consistent with ACC 18.23.040, Development standards,
are allowed.
2 Any mixed-use development or senior housing project vested prior to Resolution No. 5187(December 7, 2015)is
an outright permitted use in the C-1 zone. Subsequently, if a nonresidential use within a vested mixed-use
development changes,then the nonresidential use shall maintain a minimum of 10 percent of the cumulative
building ground floor square footage consisting of the uses permitted outright, administratively, or conditionally,
listed under"Recreation, Education, and Public Assembly,""Retail,"or"Services"of the C-1 zone.
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit C. Ch. 18.23 Commercial and Industrial Zones I Auburn City Code Page 11 of 13
(Ord.6688§ 1 (Exh. 1), 2018; Ord.6644§2, 2017; Ord.6642§9, 2017; Ord.6508§ 1, 2014; Ord.6433§26, 2012.)
18.23.040 Development standards.
A. Hereafter, no use shall be conducted and no building, structure and appurtenance shall be
erected, relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the
requirements in Tables 18.23.040A(C-N, C-1, C-2, C-3, and C-4 Zone Development Standards) and
18.23.040B (M-1, EP and M-2 Zone Development Standards) and in compliance with the provisions
of this title, and then only after securing all permits and approvals required hereby. These standards
may be modified through either an administrative variance or variance, subject to the procedures of
Chapter 18.70 ACC.
Table 18.23.040A. C-N, C-1, C-2, C-3, and C-4 Zone Development Standards
Requirement by Zone
C-N
Development Standard C-1 C-2 C-3 C-4
Neighborhood
Light Central Heavy Mixed-Use
Shopping
Commercial Business Commercial Commercial
Center
Minimum lot area 2 acres None None None None'
Minimum lot width, None None None None None
depth
Maximum lot coverage 55 percent None None None None
Minimum setbacks required for structures. See also ACC 18.31.070 for specific
Minimum setbacks
exceptions to these setback standards.
Front 50 ft 20 ft None 20 ft 20 ft
Side—Interior None2 None2 None None2 None2
Side—Street 50 ft 15 ft None 15 ft 15 ft
Rear None2 None2 None None2 None2
Maximum allowable height of structures. See also ACC 18.31.030(Height limitations—
Height limit
Exceptions)for specific height limit exceptions.
Maximum height 30 ft 45 ft3 ACC 18.23.050 75 ft 75 ft
Additional development None None ACC 18.23.050 None None
standards
Fences and hedges See Chapter 18.31 ACC
Landscaping See Chapter 18.50 ACC
Parking See Chapter 18.52 ACC
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit C. Ch. 18.23 Commercial and Industrial Zones I Auburn City Code Page 12 of 13
Requirement by Zone
C-N
Development Standard C-1 C-2 C-3 C-4
Neighborhood
Light Central Heavy Mixed-Use
Shopping
Commercial Business Commercial Commercial
Center
Signs See Chapter 18.56 ACC
Lighting See Chapter 18.55 ACC
Nonconforming See Chapter 18.54 ACC
structures,land and
uses
Notes:
1 Residential uses: no minimum lot size; provided,that residential density does not exceed 20 units per gross acre
(this includes privately owned open space tracts but excludes dedicated public roads).
2 A 25-foot setback is required when adjacent to a residential zone.
3 Buildings within the Auburn north business area, as established by Resolution No. 2283, may exceed 45 feet if
one additional foot of setback is provided from each property line(or required minimum setback)for each foot the
building exceeds 45 feet in height.
Table 18.23.040B. M-1, EP and M-2 Zone Development Standards
Requirement by Zone
Development Standard M-1 EP M-2
Light Industrial Environmental Park Heavy Industrial
Minimum lot area None None None
Minimum lot width,depth None None None
Maximum lot coverage None 35 percent None
Minimum setbacks required for structures. See also ACC 18.31.070
Minimum setbacks
for specific exceptions to these standards.
Front 20 ft 20 ft 30 ft
Side—Interior None' 15 ft None'
Side—Corner 20 ft 20 ft 30 ft
Rear None' 20 ft1 None'
Maximum allowable height of structures. See also ACC 18.31.030
Height limit
(Height limitations—Exceptions)for specific height limit exceptions.
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit C. Ch. 18.23 Commercial and Industrial Zones I Auburn City Code Page 13 of 13
Requirement by Zone
Development Standard M-1 EP M-2
Light Industrial Environmental Park Heavy Industrial
Maximum height 45 ft2 35 ft 45 ft2
Additional development standards None ACC 18.23.060 None
Fences and hedges See Chapter 18.31 ACC
Landscaping See Chapter 18.50 ACC
Parking See Chapter 18.52 ACC
Signs See Chapter 18.56 ACC
Lighting See Chapter 18.55 ACC
Nonconforming structures,land and See Chapter 18.54 ACC
uses
Notes:
1 A 25-foot setback is required when adjacent to a residential zone.
2 Buildings may exceed 45 feet if one foot of setback is provided from each property line(or required minimum
setback)for each foot the building exceeds 45 feet.
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit D. 18.31.200 Architectural and site design review standards and regulations I Auburn City Code Page 1
of 7
18.31.200 Architectural and site design review standards and
regulations.
A. Intent and Purpose. The architectural and site design regulations provide an administrative review
process for evaluating the design and arrangement of development. The architectural and site
design regulations are intended to be consistent with and implement the policies of the
comprehensive plan. The purposes of these design review regulations are to:
1. Foster good decision-making for development through architectural and site design within the
context of the community's built and natural environmental character, scale and diversity;
2. Promote the use of appropriate scale of buildings and the configuration of open space and
parking areas for development to safely and comfortably accommodate pedestrian activities;
3. Coordinate the interrelationship of buildings and public and private open space;
4. Discourage monotony in building design and arrangement, while promoting harmony among
distinct building identities; and
5. Mitigate, through design and site plan measures, the visual impact of large building facades,
particularly those which have high public visibility (encourage the creative use of architectural
and landscape features in order to reduce the actual and perceived scale and bulk of
structures).
B. Applicability. The following land uses, types of development activities, including all related site
improvements, and geographic areas, are subject to the architectural and site design standards and
the processes and regulations for conducting design review contained in this chapter:
1. Multiple-Family and Mixed-Use Developments. The following land uses and types of
development are subject to the city's multiple-family and mixed-use design standards document
unless addressed by a different set of architectural and site design standards applicable to a
specific geographic area.
a. Multifamily development inclusive of triplexes and fourplexes in all zones in the city
where permitted outright or as a conditional use and not otherwise addressed through the
city's residential infill development standards (Chapter 18.25 ACC); and
b. Mixed-Use Residential Development. Mixed-use development containing residential
living units in all zones in the city where permitted outright or as a conditional use; and
c. Retirement apartments, congregate living facilities and senior housing complexes in all
zones in the city where permitted outright or as a conditional use.
Exhibit D. 18.31.200 Architectural and site design review standards and regulations I Auburn City Code Page 2
of 7
2. Downtown Urban Center. The following locations of development activities are subject to the
city's downtown urban center design standards document.
a. Properties located within the boundaries of the DUC, downtown urban center zoning
district, as identified on the comprehensive zoning map.
3. Auburn Junction. The following locations of development activities are subject to the city's
Auburn Junction design standards document.
a. Properties located within the boundaries of West Main Street, 2nd Street SE/SW, A
Street SE, and A Street SW as identified with ACC 18.29.070, design standards of the DUC
downtown urban center zone.
4. Northeast Auburn Special Planning Area. The following locations of development activities
are subject to the city's Auburn Gateway architectural and site design standards document.
a. Properties located within the boundaries of the Auburn Gateway Project as defined by
the development agreement approved by city Resolution No. 4756, or as may be
subsequently amended. The Auburn Gateway architectural and site design is addressed in
Section 4 of this resolution and provided as Attachment 4 to the resolution.
C. Exemptions. The following activities as determined by the planning directorCommunity
Development Director shall be exempt from the provisions of the design standards:
1. Any building activity that does not require a building permit; or
2. Interior construction work which does not alter the exterior of the structure; or
3. Normal or routine building and site maintenance/repair that is exempt from issuance of a
permit including the repair or maintenance of structural members; or
4. Interior alterations that do not modify an existing site condition; or
5. Site and exterior alterations that do not exceed 10 percent of the assessed valuation of the
property building or land per the most recent county records; or
6. Building additions that are less than 10 percent of the existing floor area of the existing
building. Any cumulative floor area increase from the adoption date of the ordinance
establishing the architectural and site design standard that totals more than 10 percent shall not
be exempt unless the planning directorCommunity Development Director determines
compliance with these standards would be unfeasible and/or unreasonable.
D. Design Standard Documents. Adopted by reference are the following architectural and site design
documents, copies of which shall be maintained by the city clerk. These documents contain the
standards for the design and development of the built environment. These documents contain the
Exhibit D. 18.31.200 Architectural and site design review standards and regulations I Auburn City Code Page 3
of 7
standards for the design and development of the built environment. The Community Development
Directorplaeeing ector or designee shall have the authority to apply the standards to specific
development proposals. The following specific architectural and design standards documents may
be amended upon approval by the Community Development Director: -•-.•. --: :- - -- •-
committee of the Auburn city council:
1. Mixed-use and multiple-family development design standards.
2. Auburn Gateway architectural and site design standards.
3. Downtown urban center design standards.
4. Auburn Junction design standards.
E. Timing of Administrative Design Review.
1. Design review shall be conducted by the planning directorCommunity Development Director
or designee prior to or concurrent with the processing of building permits and/or review of
discretionary land use approvals/permits.
2. The decision on the administrative design review shall be issued prior to issuance of the
building permits and/or issuance of discretionary land use approvals/permits.
F. Pre-application Meeting—When Required Associated with a Design Review.
1. A pre-application conference is required for the following instances:
a. For multifamily development in the R-10, R-16, and R-20 residential zones; and
b. For mixed-use development containing residential living units located within R-10, R-16
and R-20 residential zones; and
c. For mixed-use development containing residential living units located within commercial
zones; and
d. For retirement apartments, congregate living facilities and senior housing complexes
located within R-10, R-16 and R-20 residential zones, and all commercial zones.
2. A pre-application conference is strongly recommended for all other projects subject to the
city's architectural and site design review but is not required.
G. Design Review Submittal Requirements. In addition to any other documentation required for
submittal of a complete application for building permit or discretionary land use approvals/permits,
the following items shall be required for the architectural and site design review:
Exhibit D. 18.31.200 Architectural and site design review standards and regulations I Auburn City Code Page 4
of 7
1. Elevation drawings prepared by an architect licensed in the state of Washington of all
proposed construction including dimensional drawings at one-eighth inch equals one foot or
comparable scale showing the type of exterior materials, accurate color(where applicable),
exterior finishes for buildings and accessory structures, location and elevations of exterior
lighting for buildings, the type, style and model of exterior lighting fixtures (where applicable),
parking areas, and fenestration details;
2. A to-scale landscape plan prepared by a landscape architect licensed in the state of
Washington showing existing vegetation to be retained and proposed vegetation to be installed
inclusive of the common and botanical name of all vegetation, the location and quantity of
vegetation, the initial planting size and methods of irrigation;
3. A context vicinity map that shows all structures on the property and within 200 feet in each
direction of the subject property drawn approximately to scale;
4. A neighborhood circulation plan consistent with the provisions of Chapter 17.16 ACC
(Neighborhood Circulation Plan); and
5. Conceptual plans for any public infrastructure, including roads, water, sewer, and storm
facilities.
H. Interpretations.
1. The planning directorCommunity Development Director shall be authorized to interpret the
meaning of words, phrases and sentences which relate to the implementation of the specific
architectural and design standards document. Any interpretations regarding implementation of
the specific architectural and design standards document shall be made in accordance with its
intent or purpose statements and the intent and purpose statements of this chapter. For
interpretations, life safety and public health regulations shall be given priority over all other
regulations.
2. Administrative interpretations may be appealed to the hearing examiner as prescribed in ACC
18.70.050.
I. Design Review Adjustments.
1. Authority for Design Review Adjustments. The planning directorCommunity Development
Director or designee shall have the authority, subject to the provisions of this section and upon
such conditions as the planning directorCommunity Development Director or designee may
deem necessary to comply with the provisions of this section, to approve design adjustments as
follows:
Exhibit D. 18.31.200 Architectural and site design review standards and regulations I Auburn City Code Page 5
of 7
a. An adjustment to architectural or site design requirements such that no more than two of
the total number of required menu items in the city of Auburn multifamily and mixed-use
design standards are out of compliance.
b. An adjustment to required building wall and roof modulation standards, as contained in
the city of Auburn multifamily and mixed-use design standards, up to 20 percent of the
amount of any quantified standards contained therein.
c. An adjustment to the architectural or site design requirements that remains consistent
with the purpose and intent of the architectural and site design standards.
2. Required Findings to Grant Design Review Adjustments. Each determination granting an
adjustment by the planning directorCommunity Development Director or designee shall be
supported by written findings showing specifically wherein all of the following conditions exist:
a. That the granting of such adjustment does not constitute a grant of special privilege
inconsistent with the limitations upon uses of other properties in the vicinity and/or zone of
the subject site; and
b. That the granting of such adjustment will not adversely affect the established character of
the surrounding neighborhood, discourage maintenance or upgrades on surrounding
properties, nor result in perpetuation of those design qualities and conditions which the
comprehensive plan intends to eliminate or avoid; and
c. That the project incorporates alternate design characteristics that are equivalent or
superior to those otherwise achieved by strict adherence to stated menu options; and
3. Public Notification and Action on Design Review Adjustment Applications. Upon the filing of a
properly completed application and associated request for a design review adjustment, the
planning difeeterCommunity Development Director or designee shall comply with the city's Type
II land use review requirements for issuance of a properly noticed and appealable land use
decision.
4. Appeal of Director's Decision on Design Review Adjustments.
a. If a written objection to the initial determination notice is filed within 14 business days of
said notification, the planning directorCommunity Development Director or designee shall
reconsider the initial determination in light of the objection(s) as raised and render a final
decision on the permit. This final decision shall result in either the planning
directorCommunity Development Director's affirmation of the original determination of
approval, the approval with additional modifications or denial.
b. Upon completion of the planning-directerCommunity Development Director's
reconsideration, all parties notified of the original determination shall receive notification of
Exhibit D. 18.31.200 Architectural and site design review standards and regulations I Auburn City Code Page 6
of 7
the planning directorCommunity Development Director's final decision. Any party aggrieved
by the Community Development Director's final decision may file an
appeal of that decision to the hearing examiner in accordance with the city's land use
appeal provisions. Such appeals for hearing examiner review must be filed within 14
business days from the date the written decision was made and shall include the following:
i. The appeal shall be filed on forms provided by the department of planning and
development.
ii. The appeal shall clearly state the decision being appealed, setting forth the specific
reason, rationale, and/or basis for the appeal.
iii. Fees associated with the appeal shall be paid to the city upon filing of the appeal in
accordance with a fee schedule established by resolution.
5. Upon filing of a timely and complete appeal, the hearing examiner shall conduct a public
hearing to consider the merits of the appeal. This hearing shall be subject to the city's public
noticing and public hearing requirements and shall include notification of all parties notified of
the plan-R+ng-directerCommunity Development Director's final decision. The hearing examiner
may affirm the Community Development Director's decision or may remand the
matter to the planning-directorCommunity Development Director for further review in accord with
the examiner's direction.
6. If no written objection is filed to the initial determination within the specified time limits, the
planning- +ceetorCommunity Development Director shall render a final decision on the permit in
accord with the initial determination.
J. Approval Criteria for Design Review. Thep Community Development Director or
designee may approve, modify and approve, or deny an application for an administrative design
review. Each determination granting approval or approval with modifications shall be supported by
written findings showing the applicant satisfies all the following criteria:
1. The plans and supplemental materials submitted to support the plan meet the requirements
of the specific architectural and site design documents;
2. The proposed development is consistent with the comprehensive plan;
3. The proposed development meets required setback, landscaping, architectural style and
materials, such that the building walls have sufficient visual variety to mitigate the appearance of
large facades, particularly from public rights-of-way and single-family residential zones.
4. In addition to the criteria in subsections (J)(1) through (3) of this section, for multiple-family
residential and retirement apartment projects, the director or designee must determine that the
following key review criteria have been met:
Exhibit D. 18.31.200 Architectural and site design review standards and regulations I Auburn City Code Page 7
of 7
a. The proposed development is arranged in a manner that either:
i. Provides a courtyard space creating a cohesive identity for the building cluster and
public open space furnished to facilitate its use; or
ii. Possesses a traditional streetscape orientation that provides clearly identifiable and
visible entries from the street, views from residential units onto the street and
reinforces pedestrian-oriented streetscape characteristics (e.g., building edge abutting
sidewalk, entries onto the street); or
iii. Faces and facilitates views of a major open space system;
b. The proposed development provides a variety in architectural massing and articulation to
reduce the apparent size of the buildings and to distinguish vertical and horizontal
dimensions;
c. The proposed development contains a combination of elements such as architectural
forms, massing, assortment of materials, colors, and color bands sufficient to distinguish
distinct portions and stories of the building;
d. Residential buildings in large multiple-family projects or mixed-use projects are physically
integrated into the complex possessing sufficiently different appearance or placement to be
able to distinguish one building from another;
e. Unit entrances are individualized by use of design features that make each entrance
distinct or which facilitate additional personalization by residents;
f. Areas dedicated to parking are sufficiently visually broken up and contain a complement
of vegetative materials to project a landscaped appearance;
g. Where applicable, a transition is created that minimizes impacts from multifamily and
mixed-use development projects on neighboring lower density residential dwelling units in
abutting or adjacent single-family zones; and
h. Where applicable, in cases of granting density or height bonuses, the project has
provided community benefits, facilities or improvements above and beyond those required
in the municipal code and supports the goals, objectives and policies of the comprehensive
plan. (Ord. 6408§ 1, 2012; Ord. 6287§2, 2010; Ord. 6245§ 15, 2009.)
Exhibit E. 18.57.030 Mixed-use development I Auburn City Code Page 1 of 2
18.57.030 Mixed-use development.
A. All Zones Where Permitted.
1. Multiple-family dwellings shall only occur concurrent with or subsequent to the development
and construction of the nonresidential components of the mixed-use development, unless a
different sequence is allowed in the following code sections.
2. Vertical Mixed— Use.
a. Mixed-use development comprised of a maximum of one building on a development
site shall have a minimum of 50 percent of the ground floor comprised of one or more of the
uses permitted outright, administratively, or conditionally, listed under"Recreation,
Education, and Public Assembly," "Retail," or"Services" in Table 18.23.030; provided, that
uses normal and incidental to the building including, but not limited to, interior entrance
areas, elevators, waiting/lobby areas, mechanical rooms, mail areas,
garbage/recycling/compost storage areas, and vehicle parking areas located on the ground
floor shall occupy a maximum of 50 percent of the ground floor space.
3. Horizontal Mixed— Use.
a. Mixed-use development comprised of two or more buildings shall have a minimum of 25
percent of the cumulative building ground floor square footage comprised of one or more of
the uses permitted outright, administratively, or conditionally, listed under"Recreation,
Education, and Public Assembly," "Retail,"or"Services" in Table 18.23.030; provided, that
uses normal and incidental to the building including, but not limited to, interior entrance
areas, elevators, waiting/lobby areas, mechanical rooms, mail areas,
garbage/recycling/compost storage areas, and vehicle parking areas located on the ground
floor shall not be included in this 25 percent requirement.
b. Mixed-use development comprised of two or more buildings (horizontal mixed-use)
shall be arranged with the required nonresidential building(s) located adjacent to the public
street or private street and the multifamily located behind. For a corner lot or through lot,
the nonresidential building(s) shall be located adjacent to higher classification street.
B. C-2-Zoneond C 4 Zonos.
1. Vertical mixed-use development is required.
2. All other requirements of subsection A of this section shall apply.
C. C-3 Zone.
1. One thousand two hundred square feet of lot area is required for each dwelling unit.
The Auburn City Code is current through Ordinance 6708, passed December 17, 2018.
Exhibit E. 18.57.030 Mixed-use development I Auburn City Code Page 2 of 2
2. All other requirements of subsection A of this section shall apply.
D. C-4 Zone.
1. Vertical or horizontal mixed-use is allowed.
2. Multiple-family dwellings may be constructed prior to the development and construction of the
non-residential components of the mixed-use development provided that the non-residential
components of the master plan are development ready (i.e. wet and dry utilities are extended to
future commercial pads) and required frontage improvements as determined by the Community
Development Director are completed.
ED. M-1 Zone.
1. Vertical mixed-use development is required.
2. Ground floor uses shall be comprised of one or more of the uses permitted outright,
administratively, or conditionally, listed under"Retail" or"Services" in Table 18.23.030. All other
requirements of subsection A of this section shall apply.
FE. EP Zone.
1. The multiple-family development incorporates sustainable design and green building
practices and qualifies to be built green certified.
2. All other requirements of subsection A of this section shall apply. (Ord.6644§3, 2017; Ord.
6478§ 1, 2013; Ord.6435§ 1, 2012.)
The Auburn City Code is current through Ordinance 6708, passed December 17,2018.
Exhibit F
This 31'd EIS Addendum dated October 11, 2019 starting on the following
page is in response to the project changes proposed by Inland Washington
LLC, City File No SEP19-011.
Exhibit F
NORTHEAST AUBURN / ROBERTSON PROPERTIES
SPECIAL AREA PLAN
Environmental Impact Statement (EIS) Addendum
Addendum No. 3 Prepared for City of Auburn October 11, 2019
Final Environmental Impact Statement July 2004
Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
Table of Contents
Project Background 1
Purpose of this 2019 EIS Addendum 6
Phase 1 7
Phase 2 8
Additional Revisions From 2004 Final Eis And 2011 Eis Addendum 9
Proposed Analysis For The 2019 Eis Addendum 11
Addendum to Affected Environment, Impacts, and Mitigation 13
Water Resources 13
Applicable Laws And Regulations 13
Affected Environment- Surface Water 14
Green River Floodplain 16
Storm Drainage 16
Surface Water Quality 16
Impacts 17
Short-Term Construction Impacts 17
Long-Term Operational Impacts 17
Significant Unavoidable Adverse Impacts 19
Plants And Animals 20
Applicable Laws And Regulations 20
Affected Environment 20
Wetlands 20
Streams And Watercourses 21
Threatened And Endangered Species 22
Impacts 22
Short-Term Construction Impacts 22
Long-Term Operational Impacts 23
Habitat Loss And Fragmentation 23
Mitigation 25
Significant Unavoidable Adverse Impacts 27
Transportation 28
Affected Environment 28
Methodology To Assess Project Impacts 29
Planned Transportation Improvements (Future Without-Project Conditions) 30
Summary Of Project Impacts 31
Mitigation 32
Significant Unavoidable Adverse Impacts 35
Environmental Elements Not Analyzed 36
Geology/Soils 36
Air Quality 36
Noise 36
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
Hazardous Materials 37
Cultural And Historic Resources 37
Land Use 37
Recreation 38
Aesthetics 38
Utilities And Public Services 38
References 39
List of Figures
Figure 1. Planning Area 2
Figure 2. Auburn Gateway Project Area. 4
Figure 3. Conceptual Inland Development Plan for Auburn Gateway. 8
Figure 4. King County FEMA Floodplain. 15
List of Tables
Table 1. Comparison of Preferred Alternative from the 2004 Final EIS with the
Inland Development Plan 10
Table 2. Summary of Existing Street System in the Study Area 28
Table 3. Improvements Required Prior to Issuance of Construction Permits
by Phase as Outlined in Development Agreement (Under Review by
City of Auburn) 33
Table 4. Improvements Required Prior to Occupancy Outlined in Development
Agreement and Presented by Phase 34
List of Attachments
Attachment A Development Phasing Plan
Attachment B Subject Property Parcel Numbers
Attachment C Amended and Restated Developing Agreement Attachment#6
Attachment D Traffic Impact Analysis
Page ii October 2019
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
Acronyms and Abbreviations
ACC Auburn City Code
ACOE U.S.Army Corps of Engineers
APN assessor parcel number
BMPs best management practices
CWA Clean Water Act
DFIRM draft Federal Insurance Rate Map
DNR Washington State Department of Natural Resources
Ecology Washington Department of Ecology
EIS Environmental Impact Statement
ESA Endangered Species Act
FEMA Federal Emergency Management Agency
HPA Hydraulic Project Approval
Inland Inland Washington LLC
ITE Institute of Transportation Engineers
LID low impact development
LOS level of service
MTCA Model Toxics Control Act
NFIP National Flood Insurance Program
NMFS National Marine Fisheries Service
NPDES National Pollutant Discharge Elimination System
Port Port of Seattle
PUD planned unit development
RCW Revised Code of Washington
RPG Robertson Properties Group
TIA Traffic Impact Analysis
TMP Transportation Management Program/Plan
TPH-G total petroleum hydrocarbons
USFWS U.S. Fish and Wildlife Service
WAC Washington Administrative Code
WDFW Washington Department of Fish and Wildlife
October 2019 Page iii
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
PROJECT BACKGROUND
The City of Auburn(City)has prepared this report to analyze potential impacts
associated with a proposed multi-family housing and mixed commercial development in
the City of Auburn, King County,Washington. The proposed project, referred to as the
Auburn Gateway project, is part of a larger,related project in the Northeast Auburn
Special Plan Area. The Northeast Auburn Special Plan Area was originally analyzed in a
2004 Final Environmental Impact Statement(2004 Final EIS), as well as a 2011
Addendum to the Final EIS (2011 EIS Addendum).
This report,the 2019 EIS Addendum, addresses minor changes to the Northeast Auburn
Special Area Plan proposed by the prospective buyer of the majority of the properties in
the planning area, Inland Washington LLC (Inland). Inland is in the process of
purchasing the properties within this area that are owned by Robertson Properties Group
(RPG).As the project applicant, Inland proposes multi-family housing and mixed
commercial development in a configuration that requires modifications to zoning
regulations and to the Development Agreement established by RPG. Inland's proposal is
referred to here as the Inland Development Plan,to distinguish it from the previous plans
by RPG.The project history is summarized below.
In July 2004,the Final EIS was issued for the Northeast Auburn/Robertson Properties
Special Area Plan(City of Auburn 2004). The Special Area Plan was developed to
address a designated `special planning area' as a subarea of the City's Comprehensive
Plan and to establish policies governing the redevelopment and uses of the area in the
Auburn Comprehensive Plan(City of Auburn 2005). The 2004 Final EIS also evaluated
an application to redevelop the property located within the area designated as the
"Northeast Auburn Special Plan Area."The Northeast Auburn Special Area Plan was
adopted in June 2008 (Ordinance No. 6183)along with a Development Agreement
(Resolution No.4756,adopted 2011)and a "planned action"ordinance (Ordinance No.
6382)as authorized under Revised Code of Washington(RCW)43.21C.031 (a more
detailed description of the early planning history, including the rezone action that was
part of previous land use approvals, can be found in the 2004 Final EIS).
The Northeast Auburn Special Area Plan covers approximately 90 acres of land (referred
to in the 2004 Final EIS as the "planning area"). The planning area is bordered by
Auburn Way N, S 277th Street,45th Street NE, and the undeveloped right-of-way of I
Street NE(Figure 1)as it existed within Parcel 0004200006 in 2004.A portion of the I
Street NE right-of-way has been vacated as part of the implementation of the plan.
October 2019 Page 1
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
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FIGURE 1.PLANNING AREA.
Page 2 October 2019
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
At the time of the 2004 Final EIS,RPG owned the Valley Six Drive-in Theater and
several adjacent properties within the planning area. In addition to a"no action" scenario,
the 2004 Final EIS evaluated three redevelopment alternatives for the RPG properties to
retail, office, and multi-family residential uses. RPG named its redevelopment proposal
"Auburn Gateway."A core area of RPG's holdings,together with other properties that
RPG was considering acquiring or that could be cooperatively developed,was defined in
the 2004 Final EIS as the Auburn Gateway project area. This area totaled approximately
60 acres, a subset of the 90-acre planning area for the Northeast Auburn/Robertson
Properties Special Area Plan.An EIS Addendum in 2011 expanded the impacts of the
study of the Auburn Gateway area to 71 acres (City of Auburn 2011). The boundaries of
the planning area and the Auburn Gateway project area as evaluated in the 2004 Final
EIS are shown in Figure 2. These boundaries are not changed by this 2019 EIS
Addendum; however,the number of properties owned by RPG has grown since the 2004
Final EIS.
After the 2004 Final EIS was published, RPG purchased four additional parcels outside
of the Auburn Gateway project area but within the boundaries of the planning area. These
were the subject of the 2011 EIS Addendum, shown in Figure 2 as Auburn Gateway II.
Since 2011, RPG has acquired other parcels within the Auburn Gateway planning area
including:
• A parcel at the southeast corner of the Valley 6 Drive-in(Parcel 936060-0271).
• A parcel adjacent to the southeast corner of the intersection of NE 49th Street and
D Street NE(Parcel 936060-0300,previously referred to as the McKee property).
• A parcel near the northeast corner of the Auburn Gateway Site (Parcel 936060-
0325,previously referred to as the Stein property).
While the Northeast Auburn Special Area Plan covers approximately 90 acres of land,the
total size of the Auburn Gateway project remains approximately 71 acres. A complete list
of assessor parcel numbers (APNs)associated with the subject property is included in this
2019 EIS Addendum in Attachment B.
In addition, Inland has a separate contract to potentially purchase Parcel 936060-0269.
However,that purchase is contingent on the completion of a cleanup plan and receipt of a
No Further Action from the Washington State Department of Ecology(Ecology). If the
purchase of the parcel is completed at some point in the future, additional environmental
review will be completed, if necessary.
October 2019 Page 3
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
Legend
L
-- Planning area boundary ,. :, :___ Auburn Gateway project
Palabld EIarea boundaries 18 II 1`"�. kboundary
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FIGURE 2.AUBURN GATEWAY PROJECT AREA.
Page 4 October 2019
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
The 2004 Final EIS evaluated the impacts associated with the implementation of the
Northeast Auburn/Robertson Properties Special Area Plan and the Auburn Gateway
project. In addition to the retail,office, and multi-family residential uses, development in
this area would include new roads and utilities, surface parking, and stormwater detention
and water quality facilities.
The former drive-in theater and other structures on the RPG properties have been
demolished with permits issued by the City.
Alternatives evaluated in the 2004 Final EIS of the Auburn Gateway project involved
building up to 720,000 square feet of retail development, 1,600,000 square feet of office,
500 multi-family residences, and 6,133 parking spaces.All alternatives evaluated the area
outside the Auburn Gateway project area(the remaining portions of the planning area)as
developing in accordance with existing zoning. This would include multi-family residential
development to the south and east, and heavy commercial development to the west.
The focus of this 2019 EIS Addendum is on the proposed changes to the configuration of
uses in the Auburn Gateway project area under the Inland Development Plan. The Inland
Development Plan includes a multi-family residential area referred to in reports submitted
by Inland as Copper Gate. Changes in phasing are also proposed. The previous phasing
was just two phases: north and south.Now the"Heart" (central park)would be developed
with the south portion. The infrastructure to support commercial development is also
proposed and is closely associated with multi-family residential development. There are
also road improvements, grading, and floodplains within other portions of the site.
This 2019 EIS Addendum was prepared pursuant to the State Environmental Policy Act
(SEPA)Rules, contained in Chapter 197-11 of the Washington Administrative Code
(WAC). In accordance with WAC 197-11-625 through-635,the analysis and results as
presented in both the 2004 Final EIS and the 2011 EIS Addendum are incorporated by
reference into this 2019 EIS Addendum.
October 2019 Page 5
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
PURPOSE OF THIS 2019 EIS ADDENDUM
The focus of this 2019 EIS Addendum is on the proposed changes to the configuration of
uses and phasing in the Auburn Gateway project area under the Inland Development
Plan. The Inland Development Plan includes the Copper Gate residential area. Other.
changes include a greater number and different phasing being proposed than before and a
reduction in the amount of commercial development. Also,the prospective buyer and
developer proposes to observe current stormwater management standards and anticipated
floodplain standards with the development. The changes in phasing include revising the
previous phasing that was just two phases; north and south to add the"Heart" (central
park)that would be developed with the south portion. The first phase also includes
compensatory floodplain storage as provided off-site within the previously constructed
storage in the Port of Seattle Wetland Mitigation Site unless the timing for approvals for
replacement storage does not coincide with the need for displacement,or is deemed
insufficient. If this is the case,then temporary compensatory storage will occur within the
north portion of the site (Stormwater Site Plan, Copper Gate Apartments [BCRA 2019]).
The purpose of this 2019 EIS Addendum is to compare the impacts of the Inland
Development Plan with those for the Auburn Gateway project analyzed in the 2004 Final
EIS and 2011 EIS Addendum,to ensure that all potentially significant impacts can be
avoided or adequately mitigated.
Figure 3 provides an overall site plan for the Inland Development Plan. The Auburn
Gateway project under the Inland Development Plan would include the same potential
amount of multi-family residential development evaluated in the 2004 Final EIS and
2011 EIS Addendum, but the residential development would be separate from the
commercial development. The amount of retail, office, and other allowed commercial
uses(not vertically integrated mixed use)proposed by Inland is less than was evaluated
in either the 2004 Final EIS or 2011 EIS Addendum.
Since the 2004 Final EIS was prepared, greater definition of phasing has been proposed
for the Auburn Gateway project,which is a change from the original proposal. Although
the project has always been planned to be built out over a period of approximately 15
years,the applicant had not previously identified any phasing of the project or
infrastructure for the project evaluated in the 2004 Final EIS.
Under Inland's proposal, depicted in Figure 3,the project would be developed in multiple
phases. Inland has proposed to construct city utilities (water, sewer, and stormwater)
during the earlier phase even though that infrastructure would serve the commercial
development scheduled for the later phases. The phasing is proposed as follows and as
shown in the figure in Attachment A of this 2019 EIS Addendum.
Page 6 October 2019
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
PHASE 1
Multi-family residential development would occur first in Phase 1 along with road and
utility improvements serving the entire site,and some of the open space and trail
elements (See Figure 3). Commercial development would follow in subsequent phases as
market conditions permit. Phase 1 is generally located south of 49th Street NE.
• Phase lA(Multi-Family)—Includes up to 500 multi-family residential units
(referred to as Copper Gate Apartments), supporting buildings, and site work.
Phase 1A also includes completion of public utility and transportation
improvements specified in the Development Agreement.
• Phase 1B (The Heart)—The "Heart" is defined as work required for the centrally
located open/green space serving the residential and commercial users. It also
includes site work and the completion of public utility and transportation
improvements as specified in the Development Agreement.
• Phase 1C (I Street NE)—Includes additional work located outside the Copper
Gates Apartment needed for the multi-family units and supporting buildings.
Public roadway improvements would be constructed as a part of the first phase of
development,which would include:
• I Street NE extended from 45th Street NE to S 277t1i Street, with traffic signal at I
Street NE and S 277th Street.
• 49th Street NE from Auburn Way N to D Street NE improved to the maximum
extent feasible within the right-of-way.
• D Street NE terminated at Auburn Way N and a cul-de-sac constructed.
• Auburn Way N improvements that include a U-turn.
• A traffic signal at the intersection at Auburn Way N and 49th Street NE.
Access to Phase 1 is proposed via a right-in/right-out driveway on Auburn Way N located
south of the existing D Street NE intersection, and driveways on 49th Street NE, and 45th
Street NE. Wetlands would be preserved as open space, and a pedestrian trail system
would link to the common open space areas in Phase 1 and future phases.
October 2019 Page 7
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
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FIGURE 3.INLAND CONCEPTUAL DEVELOPMENT PLAN FOR AUBURN GATEWAY.
PHASE 2
Subsequent phases are anticipated to include commercial retail in the northwest portion
of the Auburn Gateway project area, southeast of S 277th Street and west of D Street.
Access would be provided from Auburn Way N, 49th Street NE, and D Street NE.
The remainder of the commercial development, north of 49th Street NE and between D
Street NE and I Street NE, is less well defined at this time, due to anticipated Federal
Emergency Management Agency(FEMA) floodplain map revisions and market
conditions for commercial tenant space by the property owner.
Two scenarios for this final phase of commercial development are presented in the
transportation analysis referenced in this addendum. The purpose of describing the
scenarios in this document is to provide disclosure of floodplain criteria and mapping
changes that may affect development decisions that need to consider potential impacts on
floodplains.
• Phase 2A Commercial /North Phase Outside of Flood Zone
• Phase 2B Commercial/North Phase in Flood Zone
The first scenario includes a reduction in the total amount of commercial development
that reflects anticipated FEMA floodplain map revisions with greater amount of
Page 8 October 2019
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
floodplain. The total amount of commercial retail assumed in this scenario is 150,000
square feet.
The second scenario assumes full development of the north areas, consistent with the
previous approvals and assumes site filling and securing FEMA floodplain map
amendments to develop outside the floodplain. The total amount of development for the
second scenario assumes 168,000 square feet of commercial retail and 111,000 square
feet of office use.Results for both development scenarios are presented in the traffic
analysis in this Addendum.
Both scenarios have smaller commercial components than either Alternative 1 (evaluated
in the 2004 Final EIS as having up to 1,800,000 square feet of office and retail
development) or Alternative 2 (evaluated as having up to 720,000 square feet of office
and retail development.
ADDITIONAL REVISIONS FROM 2004 FINAL EIS AND 2011 EIS
ADDENDUM
Additional 2019 revisions proposed subsequent to the issuance of the 2004 Final EIS and
2011 EIS Addendum include:
• With the Inland Development Plan, D Street NE would remain connected to S
277th Street and restricted to right-in,right-out only vehicle movements. In the
2011 EIS Addendum, D Street NE north of 49t1 Street NE was proposed to be
vacated and converted to an internal circulation aisle serving the project.
• In the 2011 EIS Addendum,RPG requested removing the eastward extension of
49th Street NE east of the proposed I Street NE,which was included in the 2004
Final EIS to serve development to the east of the RPG property. The 2011 EIS
Addendum included an assessment of the traffic impacts of eliminating the
northern portion of D Street NE and of not constructing the eastward extension of
49th Street NE. Similarly, the Inland Development Plan does not include
constructing this extension of 49th Street NE, east of I Street NE.
• Also, since the 2004 Final EIS was prepared, development of nearby properties
has proceeded and City of Auburn regulations and policies have changed.Notable
regulatory changes affecting the Auburn Gateway Project since the 2011 EIS
Addendum are described in the impacts analysis below.
Table 1 summarizes the total development proposed by Inland as part of the Auburn
Gateway project.
October 2019 Page 9
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
TABLE 1.COMPARISON OF PREFERRED ALTERNATIVE FROM THE 2004 FINAL EIS WITH THE INLAND
DEVELOPMENT PLAN.
Land Use Preferred Alternative from Final Inland Development Plan(2019)
EIS(2004)
Office Up to 1,600,000 gross square feet Up to 111,000 gross square feet.
Retail Up to 720,000 gross square feet Up to 168,000 gross square feet.
Multi-family residential Up to 500 units Up to 500 units.
Parking Up to 6,133 spaces Up to 870 spaces for residential.
Commercial would meet code
requirements:Up to approximately
555 for office and 672 for retail,for a
total of 1,227 spaces.
Overall total—up to 2,097 spaces.
Roads S 277th Street would be widened. Same as preferred alternative,as
I Street NE would be constructed indicated in the 2011 EIS Addendum,
from S 277th Street to 45th Street NE. D Street NE could be vacated north
of 49th Street NE and be turned into
A new east-west street(49th Street an internal aisle and a right-in/right-
NE)would be constructed. out driveway at S 277th Street.
The south end of D Street NE at D Street NE would remain as a public
Auburn Way N would be closed. road and terminate at Auburn Way
North via a cul-de-sac.
(S 277th Street has already been
widened since the 2011 EIS
Addendum).
Pedestrian trails and open space A pedestrian trail would be Same as preferred alternative.
constructed along the south side of S (The trail along S 277th Street has
277th Street. been constructed).
A pedestrian trail would be
constructed to link the wetland areas
within the project area and to public
roads and trail connections.
Signs A coordinated signage system would Same as preferred alternative.
be constructed throughout the project
area,including pylon signs,
monument signs,directional signage,
and signs for individual stores and
tenants.
Wetlands and Streams Wetlands would be preserved,with Wetlands and streams may require
the exception of the ditches along S temporary grading,filling and
277th Street and the wetlands within mitigation in accordance with agency
the existing and proposed right-of- standards to provide for the
way of 49th Street NE. development as shown in the Inland
Development Plan and to provide for
the road and infrastructure
improvements associated with the
development.
Other features Approximately 400,000 cubic feet of Grading,stormwater management,
landscaped stormwater detention and floodplain storage would conform
ponds would be constructed. to current(2019)regulations for
Approximately 250,000 cubic yards Phase 1.Phase 2 may be governed
of soil would be excavated,and by standards in effect at the time of
approximately 650,000 cubic yards of construction as allowed by the
fill would be placed.(Increased to development agreement.
750,000 cubic yards in the 2011 EIS Phase 1 detention volumes total
Addendum.) approximately 222,460 cubic feet.
Compensatory floodplain storage is Future phases would be determined
proposed to be provided in the Port once a detailed site plan is
of Seattle Wetland Mitigation Site established for the commercial phase
unless storage capacity is of development.
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
TABLE 1.COMPARISON OF PREFERRED ALTERNATIVE FROM THE 2004 FINAL EIS WITH THE INLAND
DEVELOPMENT PLAN.(CONT.)
Land Use Preferred Alternative from Final Inland Development Plan(2019)
EIS(2004)
Other features(cont.) unavailable or insufficient and the Estimated volumes for Phase 1
City would then allow temporary (residential)are: 150,000 cubic yards
storage on-site. of excavation,and 150,000 cubic
yards of fill.
Maximum grading volumes for the
entire site would not exceed those
described in the 2004 Final EIS and
2011 EIS Addendum.Approximately
250,000 cubic yards of soil could be
excavated,and approximately
750,000 cubic yards of fill could be
placed.
Permanent floodplain compensation
will be provided within previously
constructed advance storage on the
Port of Seattle wetland mitigation site
,per Resolution 4841 (City of Auburn
2012).If the timeframe for approvals
for replacement storage does not
coincide with the need for
displacement,or is deemed
insufficient,the City will allow
temporary floodplain storage within
the northern portion of the site during
Phase 1.
PROPOSED ANALYSIS FOR THE 2019 EIS ADDENDUM
The following environmental elements warrant evaluation of potential changes in the
affected environment and a change in the intensity of impacts associated with the Auburn
Gateway project under the Inland Development Plan:
• Water resources
• Plants and animals
• Transportation
These elements require a detailed analysis because the Auburn Gateway project involves
development within a floodplain that is anticipated to be more restricted than was
evaluated in the 2004 Final EIS and 2011 EIS Addendum, requiring greater
compensatory flood storage; reduced impervious surfaces relative to the alternatives
evaluated due to limitations on floodplain development; and reduced total trip generation
relative to the impacts projected in the 2004 Final EIS. In each case, the Inland
Development Plan would have less development or intensity than previously evaluated
and may not require the same level of mitigation as previously required. In addition, this
2019 analysis summarizes changes found in the wetlands and streams on the site and
examines potential impacts on threatened or endangered species. •
October 2019 Page 11
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
Construction of the project in two phases was evaluated in the 2011 EIS Addendum, but
the 2019 EIS Addendum updates the phasing plan as described in this section of the
addendum. Street improvements described above would be provided in the first phase of
the project under the Inland Development Plan. Transportation improvements needed to
support the project are proposed to be completed during Phase 1 in advance of
development of the Phase 2 commercial phases. Therefore,no additional analysis of
phasing is warranted.
Impacts on the remaining environmental elements evaluated in the 2004 Final EIS
(geology/soils, air quality, noise, hazardous materials, cultural and historic resources,
land use, aesthetics, recreation, utilities and public services) are not expected to be
substantially different from those evaluated in the 2004 Final EIS. These are described
briefly at the end of this 2019 EIS Addendum.
The following sections assess the changes that have occurred in the affected environment,
environmental impacts, and mitigation measures resulting from changes in the project
plans and/or the environment since the 2004 Final EIS and 2011 EIS Addendum were
issued. For all impacts other than those described in this 2019 EIS Addendum,the 2004
Final EIS analysis and conclusions have not changed, and the mitigation measures in the
2004 Final EIS continue to apply.
The analysis provided below does not find any significant impacts that were not disclosed
in the 2004 Final EIS. The information contained in this 2019 EIS Addendum is provided
to allow the revised project to be evaluated by the City and other regulators, in order to
determine appropriate mitigation for development applications.
Page 12 October 2019
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
ADDENDUM TO AFFECTED ENVIRONMENT, IMPACTS,
AND MITIGATION
WATER RESOURCES
Applicable Laws and Regulations
Laws and regulations regarding water resources have changed since the 2004 Final EIS
and 2011 EIS Addendum were published. The 2011 EIS Addendum noted new critical
area regulations in Auburn City Code (ACC)Chapter 16.10 Critical Areas. Chapter 16.10
has been amended twice since publication of the 2011 EIS Addendum,primarily to
clarify processes for variances and exceptions, and to provide flexibility in siting wetland
mitigation. In addition, effective January 1,2017,Auburn adopted its Surface Water
Management Manual. The City also adopted the Supplemental Manual to the Ecology
Stormwater Management Manual for Western Washington on January 1, 2017. The
drainage requirements that would apply to the project are based on equivalency to the
Department of Ecology's 2014 Stormwater Management Manual for Western
Washington(Ecology 2014).
As noted in the 2011 EIS Addendum, since the 2004 Final EIS, FEMA's National Flood
Insurance Program (NFIP) released preliminary draft Federal Insurance Rate Maps
(DFIRMs)on September 28, 2007 that,when adopted,will revise the extent and depth of
the Green River floodplain in the planning area. Revised preliminary DFIRMs were
published September 15, 2017. These draft maps indicate a larger and deeper 100-year
floodplain area than the 1995 maps that are currently in effect. Since FEMA has not yet
adopted the DFIRMs,the 1995 maps remain in effect from a regulatory standpoint,based
on City code.
Also as noted in the 2011 EIS Addendum, on April 5'2010,the City of Auburn approved
interim floodplain regulations (Ordinance No. 6295; City of Auburn 2010), which
replaced the City's previous floodplain regulations. The City received written notification
from FEMA dated September 21, 2011, that FEMA reviewed the City's interim
regulations and concur they are consistent with FEMA's model ordinance;the regulations
are no longer interim. The regulations incorporated federal habitat protection
requirements and created a new City floodplain development permit to replace the
previous flood zone control permit. The changes include requiring new developments to
prepare a habitat impact assessment that must include one of the following:
• A Biological Evaluation or Biological Assessment that has received concurrence
from the U.S. Fish and Wildlife Service (USFWS)or National Marine Fisheries
Service (NMFS); or
• Documentation that the activity fits within Section 7 or Section 10 of the
Endangered Species Act(ESA); or
• An assessment prepared in accordance with Regional Guidance for Floodplain
Habitat Assessment and Mitigation (FEMA 2010).
October 2019 Page 13
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
New development must be designed and located to minimize the impact on flood flows,
flood storage,water quality, and aquatic habitat. Stormwater and drainage features must
incorporate low impact development(LID)techniques that promote pre-development
hydrologic conditions. If the project involves more than 10 percent impervious surfaces
within the regulated floodplain,then the project applicant must demonstrate that there
will be no net increase in the rate and volume of the stormwater surface runoff that leaves
the site. Structures must be located as far from the water body as possible or on the
highest land on the lot(City of Auburn 2010).
After completion of the Port of Seattle's approximately 70-acre compensatory flood
storage and wetland mitigation project, located, southeast of the planning area, and in
response to FEMA's release of the DFIRMs,King County and the valley cities of
Auburn, Kent,Renton, and Tukwila(appellants) commissioned NW Hydraulic
Consultants, Inc. to analyze and map the 100-year floodplain for the area. The resulting
report(NW Hydraulic Consultants 2017)was submitted to FEMA for their consideration
during the public appeal period on the draft floodplain maps.At the time of this writing,
the appellants expect that the DFIRM maps for the planning area will be changed to
closely reflect the DFIRM maps that FEMA reviewed in 2017 as the basis for the appeal.
FEMA is expected to adopt the revised maps in early 2020 and restrict vesting
opportunities..Because the DFIRM maps have not been adopted by FEMA,the 1995
maps remain in effect from a regulatory standpoint however,with the imminent
floodplain map changes,the City and FEMA have been cautioning consideration of the
anticipated preliminary 2017 DFIRMs maps, and Inland has been relying on them for
planning its development.
Affected Environment - Surface Water
The Auburn Gateway project area is within the floodplain of the Green/Duwamish River
watershed. The surface water conditions in the Auburn Gateway project area were
described in the 2004 Final EIS and have not changed substantially,except for the
increased likelihood of flooding,as reflected in the anticipated FEMA maps described
above, and completing of some development projects in the area.
In May 2019, BCRA produced a Stormwater Site Plan for Phase 1 of the Inland
Development Plan(BCRA 2019). The stormwater conditions described by BCRA are
summarized in this section. Figure 4 of this 2019 EIS Addendum illustrates the
floodplains project area.
Page 14 October 2019
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
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SOURCE.ESA.2019,King County 2018 D180066 Port of Seattle Environmental Review
FIGURE 4.KING COUNTY FEMA FLOODPLAIN
AUBURN,WASHINGTON.
October 2019 Page/5
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
Green River Floodplain
As described in the 2011 EIS Addendum,the Port of Seattle(Port)completed its
compensatory flood storage and wetland mitigation project described in the 2004 Final
EIS. The City of Auburn and the Port entered into an Interlocal Agreement to allow the
Port's wetland mitigation property to be used to compensate for filling nearby properties
located in the floodplain, including the Auburn Gateway project site (Resolution 4841;
City of Auburn 2012).
As described in the 2011 EIS Addendum,the Port constructed a flood conveyance
channel from its wetland, southeast of the planning area,to the roadside ditch along the
south side of S 277th Street. At the time of the 2004 Final EIS,the Port reported that the
capacity of the roadside ditch on the south side of S 277th Street that connects to the
Port's flood conveyance channel is not sufficient to convey the 100-year flood volume
(Wessels 2003,personal communication). The roadside ditch was relocated as part of the
roadway widening completed along S 277th Street.
Storm Drainage
Runoff from the planning area in general, and specifically from the Auburn Gateway I
site,was described in the 2004 Final EIS. Runoff from the Auburn Gateway II site was
described in further detail in the 2011 EIS Addendum. In general, surface water flows in
sheetflow or via ditches toward the northeast. Most of the site is approximately 4 to 6 feet
lower in elevation than the road level of Auburn Way N(BCRA 2007).No changes to
drainage patterns have occurred in the Auburn Gateway project area since the 2011 EIS
Addendum was issued.
As described in the 2011 EIS Addendum, since the 2004 Final EIS was published, a
residential subdivision and planned unit development(PUD)was constructed on a 40.9-
acre site east of the planning area. The Trail Run(previously called River Sands)
development involved the construction of houses, townhouses,roadways, and stormwater
facilities. As noted in the 2011 EIS Addendum, assuming the stormwater system is
working as designed,the rate of stormwater runoff from the Trail Run property has
decreased since the 2004 Final EIS was prepared.
The City has determined that the ditches along the south side of S 277th Street are not
regulated as streams under the City's critical areas ordinance (ACC Chapter 16.10),but
are regulated by the City's Flood Hazard Area regulations as typed waters using the
Washington State Department of Natural Resources (DNR)water typing system (WAC
222-16-030). These water bodies are therefore referred to as drainage ditches in this EIS
addendum,to distinguish them from water bodies that the City regulates as streams.
However, other agencies with jurisdiction may make different determinations.
Surface Water Quality
The 2004 Final EIS refers to the 1998 Ecology 303(d) list when describing water quality
conditions for the Green River. According to the 2012 Ecology 303(d) list,the Green
River adjacent to the planning area is still listed as having elevated temperature and low
Page 16 October 2019
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
dissolved oxygen. The 303(d) list also indicates that fecal coliform bacteria and
temperature do not meet standards in the Green River reaches located several miles
downstream(Ecology 2012).
Impacts
Short-Term Construction Impacts
Project construction as two phases was evaluated in the 2011 EIS Addendum. The
applicant is expected to develop the Inland Development Plan in more than two phases.
Phase 1 (multi-family residential) south of 49th Street NE, and one or more commercial
phases north of 49th Street NE. Short-term impacts associated with construction would be
similar to what was described in the 2004 Final EIS.
The 2004 Final EIS estimated that approximately 650,000 cubic yards of fill and 250,000
cubic yards of excavation would be necessary to allow for proper drainage of stormwater
using a combination of gravity and pump systems. With the addition of the Auburn Gateway
II properties,the 2011 EIS Addendum indicated that up to 750,000 cubic yards of fill
would be necessary, if the stormwater system were designed to function by gravity alone.
The Auburn Gateway project site would be graded to accommodate a gravity system with
an outlet to the existing ditch along S 277th Street. Because the type of stormwater detention
facilities have yet to be determined,this volume of earthwork is an estimate. Grading for
the Auburn Gateway project would consist of importing and placing fill material sufficient
to allow for proper drainage of stormwater and to raise the buildings above the 2017 100-
year FEMA floodplain elevation whether structures are in the floodplain or not(BCRA
2019). The Preliminary DFIRM map is currently dated September 15, 2017. Any future
phasing projects would be required to address floodplain regulations in effect for each phase.
Erosion impacts could affect water quality. Water quality impacts associated with grading
would be similar to those described in the 2004 Final EIS and 2011 EIS Addendum.
Potential erosion impacts would be avoided by implementing best management practices
(BMPs)and complying with Ecology's requirements for temporary erosion control,grading,
and drainage;the City of Auburn Surface Water Management Manual(City of Auburn
2014); and Ecology's 2014 Stormwater Management Manual for Western Washington
(Ecology 2014). The contractor will also be required to obtain a Construction Stormwater
General Permit through Ecology and the National Pollutant Discharge Elimination
System(NPDES)permit.
Long-Term Operational Impacts
Green River Floodplain
Volume of Floodplain Storage Affected
For Phase 1 of the Inland Development Plan, all floodplain compensatory storage would
be provided off-site within previously constructed advance storage in the Port of Seattle
Wetland Mitigation Site unless the timeframe for approvals for replacement storage does
October 2019 Page 17
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
not coincide with need for displacement. If off-site storage is unavailable due to timing,
or capacity is deemed insufficient,then the City will allow temporary storage within the
northern portion of the project site. Exact volumes to be used have not been calculated as
of this writing, and any use of these compensatory storage volume would be subject to
City approval.Any additional floodplain compensation beyond that provided by the Port
site would be provided in compliance with applicable City regulations pursuant to a flood
development permit and habitat impact assessment.
Connection of Wetland Flood Storage to Existing Floodplain
As noted above,the 2004 Final EIS indicated that the ditch along S 277th Street would
not adequately carry floodwaters after the entire Auburn Gateway project was developed.
RPG indicated that the relocated roadside ditch and culvert system would be designed to
accommodate the 100-year, 24-hour peak flow rate and fish passage criteria(if required)
per Chapter 3 of the City of Auburn Surface Water Management Manual(City of Auburn
2014). If necessary,the Inland project would do the same;therefore,the impact would
not change with the Inland Development Plan and would not be significant.
Storm Drainage Systems
The conceptual stormwater system for Auburn Gateway I and II was described in the
2011 EIS Addendum. The conceptual plan for the Inland Development Plan remains the
same as described in that analysis. As described in the 2011 EIS Addendum, storm
drainage discharge would be directed to either S 277th Street(EIS Scenario 3a), or split
evenly between S 277th Street and D Street NE(EIS Scenario 3b). To provide for
adequate storm drainage and conveyance to the point of discharge at the northeast corner
of the Auburn Gateway II site,the site at the south and southwest ends would need to be
at an approximate elevation of 56 feet, requiring a substantial amount of fill to allow for
draining the site to the northeast. The site would likely need to be raised approximately 5
to 7 feet in some areas to allow for gravity drainage to the culvert at S 277th Street and D
Street NE(BCRA 2007).
The Stormwater Site Plan for Phase 1 of the Inland Development Plan provides further
detail for the residential development proposed in the southern portion of the Auburn
Gateway project area(BCRA 2019). It describes three basins within the site and the
design approach taken for each to meet requirements of the 2014 Stormwater
Management Manual for Western Washington(Ecology 2014) and Auburn Supplemental
Manual (Effective date of January 1, 2017).
The Auburn Gateway project is expected to meet the design requirements and stormwater
management code as required by the City of Auburn. To ensure coordination of the future
storm system for the project area in conformance with proposed phasing and City codes,
a master storm drainage plan will be prepared prior to construction authorization. The
master storm drainage plan shall also define which improvements are to be constructed
concurrent with each phase of the project. If necessary, additional downstream drainage
analysis shall be required as directed by the City Engineer prior to construction
Page 18 October 2019
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
authorizations. Development consistent with current stormwater regulations is not
expected to result in significant impacts on water quality or quantity.
Stormwater facilities for both the Auburn Gateway project and the Inland Development
Plan sites would be designed to comply with the City of Auburn Surface Water
Management Manual. The City's Surface Water Management Manual is equivalent to
Ecology's 2014 Stormwater Management Manual for Western Washington. With the
construction of on-site detention facilities, stormwater runoff from the Inland
Development Plan is expected to be the same or less than the current rate of runoff.
Significant Unavoidable Adverse Impacts
As stated in the 2004 Final EIS, no significant unavoidable adverse impacts on water
resources would occur if the mitigation requirements and recommendations provided in
the 2004 Final EIS, and future mitigating measures required during permitting, are
followed. Compliance regulations for stormwater management, and floodplain
management adopted since the 2004 Final EIS also ensure that significant impacts will be
avoided.
October 2019 Page 19
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
PLANTS AND ANIMALS
Applicable Laws and Regulations
When the 2004 Final EIS was issued,the City of Auburn relied on adopted SEPA
policies and used the SEPA process to identify impacts and mitigation for
environmentally critical areas. General guidance from the City of Auburn Comprehensive
Plan regarding the protection of critical areas was also used as a guide for assessing
impacts. Since that time,the City of Auburn has developed critical area regulations
codified in ACC 16.10 Critical Areas. The 2011 EIS Addendum summarized the critical
areas regulations, standards, and procedures. Changes to the critical areas regulations
since 2011 clarify the processes for variances and exceptions, and provide additional
flexibility in siting wetland mitigation.
Affected Environment
Wetlands
Wetlands in the Auburn Gateway project area were not delineated or categorized in the
2004 Final EIS. Since that time, J.S. Jones and Associates, Inc. conducted a delineation
and prepared a Wetland and Stream Impact Assessment(J.S.Jones and Associates, Inc.
2010). Wetland information from that 2010 report was described in the 2011 EIS
Addendum. The assessment categorized Wetlands A,B, C, and D, all of which are
located at least partially within the Auburn Gateway I project area. The 2010 report also
described Wetland E in the northwest corner of the project,which is in the Auburn
Gateway II project area and was qualitatively described(i.e., not delineated or formally
categorized)in the 2011 EIS Addendum.
This 2019 EIS Addendum updates information on the wetlands that would be affected by
Phase 1 of the Inland Development Plan in addition to features located within ditches
along S 277th Street. The updates are based on information provided by J.S. Jones and
Associates, Inc. and EnCo (Environmental Corporation). In a delineation report prepared
in 2014,the boundary of Wetland A was expanded to include a wetland to the north,
Wetland B, as depicted in the 2004 Final EIS (J.S. Jones and Associates, Inc. 2014). In
2019,EnCo conducted a site visit to confirm existing conditions and prepared a
Combined Floodplain Habitat Impact Assessment with Critical Areas Report(HIA/
CAR),which compiles past studies, updates information on listed species, and
summarizes ratings for wetlands(EnCo 2019a). EnCo subsequently described Wetland E
in an amendment to the report(EnCo 2019b).The revised HIA/CAR dated September 27,
2019 included an additional site visit which determined that the former Wetland E area
no longer meets criteria for wetland(EnCo, 2019d).
Current wetland conditions are similar to those described in the 2011 EIS Addendum.
However, Wetland B has been consolidated with Wetland A and re-classified to Category
III. The reclassification of Wetland A results in a 50-foot buffer requirement under
current Auburn Code; in previous documents, it was listed as having a 35-foot buffer
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
requirement. In addition, former Wetland E has been removed from the project maps
based upon the information found in the updated HIA/CAR prepared by EnCo (2019d).
EnCo conducted a site visit on September 26, 2019 to update information in the HIA/
CAR and to confirm the location and boundaries of former Wetland E. The area in
question was found to be a cultivated field dominated by pasture grasses,weeds and an
unidentified root crop. Based upon data taken at three locations in the former wetland
area, EnCo determined that this area no longer meets the federal definition of wetland
based upon the lack of hydric soil indicators and wetland hydrology(EnCo, 2019d).
In addition to Wetlands A and C,the 2004 Final EIS described several roadside wetlands
(Wetland Ditches H, I, and J)within a ditch on the south side of S 277th Street. The 2011
EIS Addendum indicated that these interconnected features may no longer be regulated
and would be relocated as part of a road widening project. In June 2019, after completion
of the road widening project, a field visit with the Washington Department of Fish and
Wildlife (WDFW)and others resulted in a change in the jurisdictional status to some of
these features, described in the Streams and Watercourses section below(EnCo 2019c).
Beyond the on-site wetlands,ESA delineated several off-site wetlands as part of a
separate project on land located immediately east of the project area that is owned by the
Port of Seattle (ESA 2019). The City wetlands inventory map depicts Wetland A on the
Port property and Wetland A on the Auburn Gateway project site as connected. However,
ESA's 2019 Port of Seattle delineation determined that these two wetlands are not
connected (ESA 2019). The boundaries of Wetland A on the Port property were surveyed
and do not intersect with the Auburn Gateway property; however,the buffer of Wetland
A does overlap the project site. In addition,the boundaries of Wetland E on the Port
property do not extend onto the Auburn Gateway project site; however the buffer does
overlap the site in the vicinity of a newly created stormwater pond. It is important to note
that wetland buffers from the off-site Port wetlands are fully encompassed within the 75-
foot riparian buffers on Watercourses K and L, as described below.
Streams and Watercourses
The wetland ditches described in the 2004 Final EIS as Wetlands H, I, and J were
determined by WDFW in 2009 to be intermittent fish-bearing waters as the agency
defines them. Wetland Ditch G,which is also located along D 277th Street,was not
considered a stream by WDFW and was not identified as a wetland in the 2004 Final EIS.
Since then,the ditch was relocated south and is no longer assessed as part of this 2019
EIS Addendum.
In addition, six watercourses were identified and described in the HIA/CAR(EnCo,
2019a, 2019d). These are named Watercourses K, L, M,N, 0 and P. Watercourses N, 0
and P are located entirely off-site; whereas K, L and M are at least partially located on the
development site. Watercourses K, L,N, 0 and P are considered fish-bearing and are
recognized as Class II streams under the City's regulations, requiring a 75-foot standard
buffer each side of the ordinary high water mark(EnCo, 2019d). Watercourse M is a
mitigation watercourse constructed in 2017 as part the City's road widening project along
S 277th Street.
October 2019 Page 21
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
With the completion in 2018 of the City project widening S 277th Street,the following
physical changes were made along the road:
• The culvert under S 277th Street near the intersection with I Street NE has been
replaced with a fish passable culvert.
• Watercourses H, I, and J were relocated south and are no longer considered
intermittently fish-bearing. Watercourses H, I, and J are considered stormwater
conveyance features and are no longer regulated based on a field visit with
WDFW in June 2019(EnCo 2019c). The City of Auburn installed a 36-inch pipe
replacing the streams,which now conveys stormwater from a drainage area south
and west of the Auburn Gateway site to the culvert at S 277th Street.
• On-site mitigation required for these watercourse relocations was completed on
the northeast corner of the Auburn Gateway site (mostly on what was the former
Stein property). Mitigation Watercourse M was constructed to offset project
impacts.
Threatened and Endangered Species
Wildlife
Changes to the listing status for several wildlife species have occurred since the 2004
Final EIS was published. The 2011 EIS Addendum provided updated information on
listed species. The CAR(EnCo 2019b)does not identify any changes to the listing status
of any species previously identified on or near the site. As noted in previous
environmental documents,the CAR(EnCo 2019b; 2019d) states that there are no known
federally listed wildlife species or critical habitat present on the site. The EnCo report
(2019b) also notes that there are no known state-listed wildlife species present.
Consistent with the 2004 Final EIS and the 2011 EIS Addendum, state priority habitats
present on the site include wetlands,riparian buffer zones, and snags.
Fish
The 2004 Final EIS identified the Puget Sound/Strait of Georgia coho salmon
(Oncorhynchus kisutch) as a Candidate species;their current federal status continues to
be Candidate, while at the state level they are listed as a species of concern. In June 2019,
WDFW reported that threatened and endangered fish were not found or expected in
Watercourse K or Watercourse L (EnCo 2019a); furthermore,these two watercourses do
not contain designated critical habitat for any ESA-listed fish species. Coho salmon are
the only state-listed fish species present on the site;these are reported for Watercourses
K, L, M,N, 0 and P (EnCo,2019d).
Other listing changes that have occurred since the 2004 Final EIS were described in the
2011 EIS Addendum and have not changed.
Impacts
Short-Term Construction Impacts
Page 22 October 2019
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
Impacts on plants and animals would be similar to the impacts described in the 2004
Final EIS and not considered significant.
Long-Term Operational Impacts
Habitat Loss and Fragmentation
Wetland Habitat
Wetland impacts under the Inland Development Plan are similar to those described in the
2004 Final EIS and the 2011 EIS Addendum.No wetlands would be permanently
impacted; however,temporary impacts are anticipated. Temporary impacts from grading
are anticipated in Wetland A(0.60 acre)to remove reed canarygrass as part of wetland
restoration. Temporary grading impacts are also anticipated in Wetland D (0.05 acre)as
part of Watercourse N expansion to address flood conveyance issues (EnCo, 2019d).
Wetland buffers would also be affected by project development. Wetland buffer impacts
associated with the Auburn Gateway project under the Inland Development Plan were
described in the August and September 2019 CAR(EnCo 2019c, 2019d).
The wetland buffers for Wetland A would be impacted due to the proposed alignment of I
Street NE as described in the 2004 Final EIS. The buffer areas that would be impacted
are currently a gravel road. The remaining on-site portion is a 50-foot buffer for Wetland
A. In 2005, a 35-foot buffer for the north portion of this wetland was planted with native
shrubs and trees (J.S.Jones and Associates, Inc. 2010).
Wetland C also has an enhanced 35-foot buffer that was planted in 2005 (J.S. Jones and
Associates, Inc. 2010).
Wetland D would likely have a minimum 50-foot buffer as required by the city code.
Because delineations had not occurred at the time of the 2004 Final EIS,there were no
estimates of buffer impacts. In the 2011 EIS Addendum,total buffer impacts were
estimated at 0.22 acre. Phase 1 of the Inland Development Plan would affect 0.14 acre of
buffer, not including impacts associated with constructing I Street NE.
All development would comply with the City's critical areas regulations,which were
adopted after the 2004 Final EIS and are expected to adequately protect wetland
resources and avoid significant impacts.
June 12,2019 Site Visit Update
A site visit was conducted between WDFW and EnCo on June 12, 2019. EnCo's
Combined Floodplain Habitat Impact Assessment with Critical Areas Report(EnCo
2019c)documents the June 12,2019 meeting with WDFW staff and the results of the
discussion. EnCo's report notes the following:
"In order to determine the status of the project site and nearby watercourses and
manmade conveyance ditches, a site visit was initiated by EnCo (Jonathan Kemp)
October 2019 Page 23
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
with Brent Parrish (Inland Construction), Mr. Larry Fisher, Area Habitat
Biologist(WDFW), Jeff Dixon and Ryan Vondrak(City of Auburn), and Ben Dort
(BCRA). This event was used to determine if the current on-line WDFW Fish
Passage Map and WDFW SalmonScape Fish Distribution Map accurately
represents the current status of these two watercourses. Based on this event it was
confirmed that these two WDFW maps do not accurately represent the current
status of these two watercourses. It was confirmed by WDFW and concurred by
EnCo that former Watercourse H and former Watercourse I are now classified as
stormwater conveyance ditches and are no longer considered watercourses.
EnCo and WDFW representatives concur that the extent of the former location of
Watercourse H and Watercourse I(south of South 277th Street)was mitigated for
as a newly constructed fish-bearing watercourse that is located contiguous to the
north, east, south, and west of a constructed stormwater detention pond that is
located a few hundred feet east of the planned alignment of I Street NE. These two
watercourses were officially relocated to the east under an agency-approved
watercourse mitigation plan (As-Built Report—South 277th Street Corridor
Capacity and Non-Motorized Trail Improvements—Parametrix May 2018) that
was completed in 2017.
WDFW also confirmed and EnCo concurred that Watercourse K and
Watercourse L (seasonal watercourses)support Coho salmon, thereby classifying
these two watercourses as fish-bearing. This assessment changes the current
status of Watercourse L from a non-fish bearing watercourse to a fish-bearing
watercourse. The baseline condition of Watercourse L was much degraded in
comparison to Watercourse K as evidenced by the thick growth of reed canary
grass within the substrate (bed)of the eastern segment of Watercourse L. WDFW
confirmed that threatened and endangered fish were not found or expected in
Watercourse K and Watercourse L, thereby rendering that these two
watercourses are not a federal listed critical habitat for fish."(sic)
Fish Habitat
As described in the 2004 Final EIS, erosion of exposed soils during land clearing,
grubbing, and grading could affect fish habitat. Compliance with City requirements for a
floodplain permit and associated City of Auburn requirements would provide adequate
protection for endangered fish species.
Stream Habitat
Watercourse K, which WDFW determined as fish-bearing, is located almost entirely
outside of the project area, except at the most northern end. The southern 460 linear feet
would be impacted by the extension of I Street NE. Permanent impacts to Watercourse K
are anticipated to place an additional 250 linear feet of the watercourse into a
culvert. Approximately 222 linear feet of Watercourse K near the southern property
boundary is culverted. To accommodate the preferred alignment of I Street NE, a total of
472 linear feet of Watercourse K will be placed within a culvert at the south end of the
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site,requiring 250 linear feet of new culvert. The proposed culvert will be slightly larger
than the current culvert with fish-friendly substrate added within the new section of
culvert.
Due to the right-of-way location of I Street NE,this southern portion of Watercourse K
would require displacement and mitigation in accordance with applicable agency
standards. Proposed stream mitigation includes improving and enhancing the remaining
portions of Watercourse K. The planned mitigation would require permission from the
Port of Seattle and negotiation to acquire temporary construction easements.
Temporary impacts from grading are anticipated to occur within Watercourse L (425
linear feet)and Watercourse N(520 linear feet). Grading would be required as part of
stream restoration efforts and in conjunction of expansion of Watercourse N to address
flood conveyance issues (EnCo, 2019d).
As noted in the 2004 Final EIS,the extension of 49th Street NE through the Stein and Port
of Seattle properties would impact Watercourse L. The EnCo report(EnCo 2019c)
indicated that WDFW determined this is a fish-bearing stream. In 2011,the extension of
49th Street NE east of I Street through the Stein and Port properties was removed from the
proposed project development.
Mitigation
The 2004 Final EIS provided a list of measures to mitigate impacts both during
construction and operation of the planning area. That list was updated with the 2011 EIS
Addendum. Mitigation required by law was described in the 2011 EIS Addendum and is
not repeated here.
Phase 1 is expected to require a federal Clean Water Act(CWA) Section 404 permit due
to fill placed. The June 12,2019 Site Visit Update section describes proposed mitigation
measures to offset impacts on watercourses. Future phases could trigger this type of
permit.
A Hydraulic Project Approval (HPA)will be required for construction of roadways
where fish-bearing waters are affected. The June 12,2019 Site Visit Update section
describes proposed mitigation measures to offset impacts on watercourses.
As described in the Water Resources section of the 2004 Final EIS, impacts on water
quality are regulated by the City of Auburn Supplemental Manual to the Ecology
Stormwater Management Manual for Western Washington(City of Auburn 2018).
The proposed Auburn Gateway Design Guidelines indicate that native plantings would be
used in wetland buffer areas and around detention facilities (BCRA 2003).No change to
these guidelines is proposed and they will remain in effect.
Changes proposed to the mitigation measures for impacts on plants and animals as
identified in the 2011 EIS Addendum are listed in the notes from the June 12,2019 Site
Visit, as described below.
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A more detailed discussion on the proposed mitigation plan will be provided in a report
currently in preparation by Talasaea Consultants and available in October 2019. The
proposed mitigation plan will contain elements that will restore or enhance portions of
Watercourse L, Watercourse K, Watercourse N, Wetland A, Wetland A(Port), and
Wetland D and portions of their buffers. All elements of the mitigation plan will be
consistent with the requirements outlined in ACC 16.10.090(E)for both wetlands and
streams. Mitigation or enhancements proposed off site will require coordination and legal
agreement with adjacent land owners, including the Port of Seattle. Should mitigation
proposed not be acceptable to all parties,then alternative mitigation options will be
developed to fully meet code requirements for either on or off-site mitigation.
June 12,2019 Site Visit Update
EnCo's Combined Floodplain Habitat Impact Assessment with Critical Areas Report
documents the June 12,2019 meeting with WDFW staff and the results of the discussion.
EnCo's(2019c)report notes the following:
"While in the field and after additional correspondence to clary a proposed
approach to re-align the southern segment of Watercourse K, an un-official
agreement was made with WDFW that would allow compensatory mitigation for
the permanent filling of about 460 linear feet of the southern extent of
Watercourse K This proposed action would provide a more feasible connection
from 45th Street NE to the future alignment of I Street NE(after Phase 1). EnCo
and WDFW representatives concur that this mitigation approach for Watercourse
K is reasonable.
A discussion was held and it was agreed to compensate for the permanent loss of
about 460 feet of the southern extent of Watercourse K via a mitigation plan that
would be drafted and would include enhancing about 1,400 feet of Watercourse
K, north of the area to be permanently impacted by I Street NE. This would be
accomplished through mitigation by removing opportunistic aggressive species in
and around this watercourse, to be replaced by implementing a native plant
species enhancement program in concert with designing and installing habitat
features (i.e. down wood,perches, snags, rock piles, and rip rap) along with re-
configuring the watercourse with amphibian/fish beneficial sinuosity, a gently
sloped prism, and added vegetation to provide shading and over hanging shrubs.
Portions of the regulated 75 foot wide,fish-bearing watercourse buffer would be
enhanced along the entire length of Watercourse K EnCo and WDFW
representatives concur that this mitigation approach for Watercourse K is
reasonable. It is understood that this mitigation effort would also need the
approval/support by all agencies with permitting authority such as the
Muckleshoot Tribe, ECOLOGY, and the ACOE.
Watercourse L is currently mapped by several consultants as a seasonal, non-fish
bearing watercourse with a regulated 25-foot-wide buffer. EnCo and WDFW
concurred, while in the field, that Watercourse L is fish-bearing with very limited
habitat function to support fish use. This would require establishing a regulated
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
75-foot-wide buffer. The entire length of Watercourse L would not be negatively
impacted by the proposed project action. It was proposed to reduce the
watercourse buffer from the regulated 75 feet.... This buffer reduction would
allow for a more feasible alignment of I Street NE and its roundabout at the
intersection of 496 Street NE. This would be accomplished through mitigation by
removing opportunistic aggressive species in and around this watercourse, to be
replaced by implementing a native plant species enhancement program in concert
with designing and installing habitat features (i.e. down wood,perches, snags,
rock piles, and rip rap) along with re-configuring the watercourse with
amphibian/fish-beneficial sinuosity, a gently sloped prism, and added vegetation
to provide shading and over-hanging shrubs. The reduced...watercourse buffer
would be enhanced along the entire length of Watercourse L. EnCo and WDFW
representatives concur that this mitigation approach for Watercourse L is
reasonable. It is understood that this mitigation effort would also need the
approval/support by all agencies with permitting authority such as the
Muckleshoot Tribe, ECOLOGY, and the ACOE."
After consideration of City comments, Inland Construction has revised the previous
buffer reduction proposal for the project. Stream buffers for Watercourses K, L,N, 0
and P are proposed to be reduced to 65 percent of the standard buffer as allowed
administratively by code(ACC 16.10.090).Therefore,the 75-foot buffer for these Class
II (fish-bearing) streams would be reduced to no less than 48.75 feet with enhancement.
Watercourse M is a mitigated feature with buffers ranging from 25 to 48.75 feet. The
buffer reduction proposal is summarized in the September 27, 2019 revised HIA/CAR
(EnCo,2019d).
Significant Unavoidable Adverse Impacts
As described in the 2004 Final EIS,the 2011 EIS Addendum, and this 2019 EIS
Addendum,with mitigation in accordance with City regulations and those of other
agencies with jurisdiction currently in development and required during project
permitting, no significant impacts on watercourse and wetland functions are expected.
All reductions to buffers are allowed administratively by code and will required
enhancement within the remaining buffer area.
To avoid impacts on ESA-listed species and habitats,the development must meet City
floodplain development permit standards as well as FEMA and NMFS requirements for
providing adequate protection to endangered species.
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
TRANSPORTATION
Affected Environment
In the 2004 Final EIS, development-related traffic impacts were evaluated under year
2020 traffic conditions. The 2011 EIS Addendum considered a similar timeframe,but
with updated baseline information. Inland now projects Phase 1 to be completed in year
2022, and the commercial phase(s)to be completed in year 2024. Therefore,the traffic
forecasts without the development were revised to reflect actual traffic patterns in 2019,
along with recent historical growth trends.
Information on existing conditions is provided below. The TIA (Transpo 2019)also
provides information on existing conditions in the study area for 2019. Characteristics are
provided for the roadway network,non-motorized facilities,transit service, existing
traffic volumes,traffic operations, and traffic safety.
Roadway Network-Characteristics of the existing street system in the vicinity of the
proposed project are shown in Table 2 below.
TABLE 2.SUMMARY OF EXISTING STREET SYSTEM IN THE STUDY AREA
Posted
Speed Number of
Arterial Limit Travel Bicycle
Roadway Classification' (mph) Lanes Parking Sidewalks Facilities
Auburn Way N Principal Arterial 35 5 No Yes No
S 277`h Street Principal Arterial 35 4-6 No Partial Partial
45'Street NE Residential Collector 25 2 Yes Yes No
49th Street NE Non-Residential 25 2 Yes No No
Collector
D Street NE Non-Residential 25 2 Yes No No
Collector/Local Street
I Street NE Minor Arterial 35 2-3 Partial Partial Partial
Based on the 2015 City of Auburn Comprehensive Transportation Plan
Non-Motorized Facilities-In addition to the facilities provided on the roadways,there
is a non-motorized trail on the south side of S 277th Street between Auburn Way and L
Street NE. This trail connects to other non-motorized facilities on either side that extend
to the Interurban Trail to the west and to the S 277th Corridor Recreational Trail to the
east. About a quarter mile south of the project, off I Street NE, a trail connects to Brannan
Park and Auburn Golf Course.
Transit Service-King County Metro provides transit service in the project study area.
Route 180 operates along Auburn Way N from approximately 3:30 AM to 12:00 AM on
both weekdays and weekends with a weekday PM peak hour headway of 30 minutes. The
project site is served by three transit stops, one each near the intersections with 45th Street
NE, 49th Street NE, and S 277th Street. Route 180 provides service to the north up
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
through Kent and to the Burien Transit Center,with a stop at SeaTac airport, and to the
south toward southeast Auburn and White River Junction.
Traffic Volumes -This transportation analysis focuses on the weekday PM peak hour
when traffic conditions would be the highest.Existing turning movement counts in the
study area were counted in February 2019. Existing weekday PM peak hour traffic
volumes are summarized in the TIA and were used to characterize existing traffic
conditions.
Changes that have occurred in or near the study area since the 2004 Final EIS was issued
include:
1. The Trail Run residential subdivision and PUD (referred to as River Sands in the
2004 Final EIS)east of the project area, has been completed, including opening of
L Street NE to provide access to that site onto S 277th Street.
In the 2004 Final EIS, access to Trail Run was expected to be via a roadway that
would have right-in/right-out only access to S 277th Street,and that 49th Street NE
would be extended east of I Street NE to connect and serve the Trail Run
development.
On an interim basis, a temporary signal was installed at L Street NE and S 277th
Street and monies were collected by the City for the future extension of 49th Street
NE east of I Street NE and for I Street NE to serve the Trail Run development and
to facilitate the relocation of the temporary signal to the future intersection of I
Street NE and S 277thStreet. (The 2011 EIS Addendum included an assessment of
conditions with and without the 49th Street NE extension east of I Street NE to
Trail Run.)
2. S 277th Street was widened from three lanes to five lanes from Auburn Way N
east to L Street NE. A multi-use trail was also constructed on the south side of S
277th Street.
3. At S 277th Street/Auburn Way N, lanes have been added:
o Eastbound: one through lane and a right-turn lane.
o Westbound: one through lane and a right-turn lane.
o Northbound: a northbound to eastbound right-turn lane.
Methodology to Assess Project Impacts
The analysis below is summarized from the Traffic Impact Analysis- Copper Gate report
prepared by.Transpo Group, July 2019(2019 TIA). The 2019 TIA is hereby incorporated
into this analysis. In its approach,the traffic analysis focuses on the Inland Development
Plan,with specific reference to Copper Gate,the name given to the South Phase (multi-
family residential) of Inland Development Plan, also referred as Year 2022 South Phase
Only(Phase 1)to evaluate impacts and mitigation associated with any development. The
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
2019 TIA also evaluates future commercial development for Phase 2 under two
scenarios: Reduced Build and Full Build.
The 2019 TIA summarizes the following without-and with-project scenarios,as requested
by the City:
• Year 2022 Without-Project
• Year 2022 With-Project—South Phase (Phase 1) Only,without I Street NE
• Year 2022 With-Project—South Phase (Phase 1)Only, with I Street NE
• Year 2024 Without-Project
• Year 2024 South (Phase 1)plus Reduced North Phase(Phase 2—Reduced Build)
• Year 2024 South(Phase 1)plus Full Buildout of the North Phase (Phase 2 -Full
Build)
Note that although the extension of I Street NE is proposed as part of Phase 1 of the
project, a scenario that excludes this improvement has been identified. This scenario
reflects the future conditions assuming a delay in permitting and construction of the I
Street NE improvements.
More information on each scenario is included in the 2019 TIA.
The amount of development under the Inland Development Plan is most similar to
Alternative 3 evaluated in the 2004 Final EIS (the Residential/Retail Option). Because
the trip generation of Alternative 3 was not re-analyzed for the 2011 EIS Addendum,the
analysis in this 2019 EIS Addendum compares the Inland Development Plan with the
preferred alternative evaluated in the 2004 EIS.
Planned Transportation Improvements (Future Without-Project
Conditions)
This section describes the future traffic conditions during the PM peak hour without the
addition of project traffic. It focuses on 2022 conditions and describes planned
transportation improvements,traffic volume forecasts, and traffic operations. A review of
jurisdiction documents, including the City of Auburn's 2019-2024 Transportation
Improvement Program (TIP) (City of Auburn 2018),the City's Comprehensive
Transportation Plan(City of Auburn 2015), and King County Metro's Long Range Plan
(King County Metro 2017),was conducted to determine potential improvements to
facilities in the study area. Each is broken down into the sections below.
Roadway-The following projects, from the City's TIP, have been identified in the study
area and would affect capacity or traffic patterns:
• I Street NE corridor(45th Street NE to S 277th Street)—TIP#R-2
• 49th Street NE extension (Auburn Way N to I Street NE)—TIP#R-8
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The projects listed above have funding identified in 2022 but are not assumed in 2022
without-project conditions as they are associated with the development of the proposed
project. Both projects are assumed under with-project conditions for each phase.
Additionally, a signal was assumed at the future I Street NE/S 277th Street intersection as
part of the corridor extension. Because these have been identified as conditions of the
proposed development,the completion of these projects has not been assumed in the
without-project conditions.
One additional project not in the City's TIP but associated with future development in the
study area was assumed under 2022 without-project conditions. The west leg at the
intersection of Auburn Way N/NE 49th Street will be widened to include a dedicated
right-turn lane and a shared through-left turn lane.
Non-motorized-The City's Transportation Plan shows the future priority sidewalk
corridors and future bicycle facilities in maps 3-1 and 3-2.No priority sidewalk corridors
are shown in the project vicinity.A future trail facility is shown on S 277th Street,which
already exists, and a future bicycle facility is shown on the planned I Street NE extension
connecting the existing facilities near 40th Street NE and S 277th Street.
Transit-There are no planned transit improvements that would occur by 2024 in the
study area. Service changes as part of the regular service updates could occur throughout
the year. The King County Metro Long Range Plan does identify RapidRide service
along Auburn Way; however, it is not anticipated until the year 2023.
Summary of Project Impacts
The detailed analysis for traffic impacts is provided in the 2019 TIA. Project impacts are
summarized below.
• Phase 1 of the project is expected to generate 208 new PM peak hour project trips
(127 inbound and 81 outbound). The Phase 2 Reduced Build scenario is expected
to generate 540 new PM peak hour project trips (278 inbound and 262 outbound).
The Phase 2 Full Build scenario is expected to generate 654 new PM peak hour
project trips(291 inbound and 363 outbound).
• The I Street NE corridor project(including a signal at S 277th Street/I Street NE)
and the 49th Street NE extension project would be constructed with the south
phase of the development and thus was assumed as part of the with-project
analysis.
• For the Phase 1 development, all intersections are expected to operate at the same
or better level of service (LOS)than under 2022 without-project conditions.
• A signal warrant analysis was conducted at the intersection of Auburn Way N/
49th Street NE. The eight-hour, four-hour, and peak hour vehicular volume
warrants were met under 2022 without-project conditions. A signal is
recommended at this location.
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• A signal warrant analysis was conducted at the intersection of I Street NE/S 277th
Street. The 8-hour,4-hour, and peak hour vehicular volume warrants were met
under 2022 with-project conditions,which is the first scenario where I Street NE
has the potential to be completed. A signal is recommended at this location.
• The signalization of the Auburn Way N/49th Street NE intersection is
recommended as mitigation with Phase 1 of the project to bring the intersection
operations above the LOS standard.
• For the Reduced Build Phase 2 development, all intersections are expected to
operate at or above the LOS standard.
• With the Full Build Phase 2 development scenario,the intersection of Auburn
Way N/42nd Street NE is expected to operate at LOS F. While the intersection
increases in delay between 2024 Baseline and Full Build, going from LOS E to
LOS F, it operates at the same level as projected for the 2022 baseline conditions
that don't reflect the I-street extension. This amount is negligible and could be
reduced with a slight adjustment in signal timing.
• Due to the shifts in traffic from the completion of the I Street NE corridor and the
closure of the Auburn Way N/D Street NE intersection, no other improvements
are recommended as part of either scenario of Phase 2.
Mitigation
The 2019 TIA presents an assessment of the mitigation needs of the Inland Development
Plan and compares them with mitigation proposed in the Development Agreement as
proposed to be amended for the Auburn Gateway project. Traffic-related mitigation
recommended for the project is substantially the same as that described in the 2004 Final
EIS,with some refinements and minor changes.
Tables 3 and 4 compare the mitigation requirements, assuming that the development of
Phase 1 (South Phase) is constructed first as is currently proposed. Table 3 identifies the
requirements to be met prior to issuance of construction permits, and Table 4 identifies
requirements to be met prior to issuance of occupancy permits.
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TABLE 3.IMPROVEMENTS REQUIRED PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS BY PHASE AS
OUTLINED IN DEVELOPMENT AGREEMENT(UNDER REVIEW BY CITY OF AUBURN)
Improvement Either North South Assessment
Phase Phase Phase
First First First
Master Plan for Peds/Non- X Plan completed and submitted to the City
Motorized Circulation Plan as a separate document.
Master Transit Plan X Plan completed and submitted to the City
as a separate document.
Master Access and On-site X Plan completed and submitted to the City
Vehicular Circulation Plan as a separate document.
Master Motorized Public X Plan completed and submitted to the City
Improvement Plan as a separate document.
Widen S 277th St to 5 lanes(L St X This project has already been completed by
NE to Auburn Wy N) the city as a capital project.
Traffic Signal at S 277th St/I St X This was assumed to be completed in
NE Phase 1 to support future Phase 2
commercial development scenarios.
EBR turn pocket at S 277th SUD X X Intersection operations do not indicate that
St NE an EB right-turn pocket is necessary.
Therefore,no action is required of the
applicant at this location.
WB right-turn pocket at Auburn X Project has already been completed by the
Way N/S 277th St city as a capital project.
Complete I St NE(49th St NE to S X X This was assumed to be completed in
277th St) Phase 1 to support future Phase 2
commercial development scenarios.
Roundabout at I St NE/49th St X X Analysis assumed the construction of a
NE single lane roundabout at the intersection.
The intersection,with 3-lanes constructed
on I Street NE,was forecast to operate at
LOS A with the north phase Full Build
scenario(see Attachment N in the 2019
TIA).
Traffic Signal at Auburn Way N/ X X Project may either install signalization or
49th St NE contribute either proportionate share
towards installation of traffic signal pending
discussions with City.
Traffic Signal at Auburn Way N/ X X Intersection operations do not indicate a
45th St NE signal is necessary as the westbound
approach is projected to operate at LOS C
during the weekday PM peak hour.
Dedicate and construct cul-de- X X Included in the Inland Development Plan
sac on D St NE at Auburn Way N and reflected in the analysis.
Complete I St NE(45th St NE to X This was assumed to be completed in
49th St NE) Phase 1 to support future Phase 2
commercial development scenarios.
Traffic Signal at I St NE/45th St X Intersection operations do not indicate a
NE signal is necessary and as such installation
is not recommended.
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As shown in Table 4, many improvements previously outlined in the Development
Agreement were already completed, assumed as part of Phase 1, or became unnecessary
by the results of the analysis.
Traffic volume forecasts developed for I Street NE between 45th Street NE and S
277th Street suggest that I Street NE could be constructed with three lanes instead
of five, as described in the 2004 Final EIS and the 2011 EIS Addendum.
Depending on the scope of the north phase, auxiliary lanes could be needed, but
this could be determined when the north phase is permitted and the extension of I
Street NE between 49th Street NE and S 277th Street is finalized.
TABLE 4.IMPROVEMENTS REQUIRED PRIOR TO OCCUPANCY OUTLINED IN DEVELOPMENT AGREEMENT AND
PRESENTED BY PHASE
Improvement Either North South Assessment
Phase Phase Phase
First First First
Built according to approved X Applicant will comply with the requirement as
transportation construction plans. each phase of the project is approved.
City accepts ownership of all X Applicant will comply with the requirement as
public transportation facilities each phase of the project is approved.
Conceptual design and X
construction estimate,&paying
proportional share for EB right-
turn lane at Auburn Way N/37th St
NE
Conceptual design and X
construction estimate,&paying
proportional share for SBT lane at
Harvey Rd NE/M St NE/8th St NE
Conceptual design and X Due to decreases between the 2004 Final EIS
construction estimate,&paying and the current proposed development,these
proportional share for new traffic intersections were not included in the current
signal&widening at SE 304'h St/ analysis.
112`h Ave SE
Mitigation agreement effort w/ X
Kent&King County
NB right-turn lane at Central Ave/ X
S 259"'St
Widening at S 277th St/55th St NE X
Reconfigure signal phasing at S X
272"'St/Military Rd
Signal warrant analysis at Auburn X Intersection operations do not indicate that a
Way N/45th St NE and I St NE/ signal is necessary at either intersection.
45"'St NE
Transportation Demand X The need for the TDMP would be removed as
Management program the north phase of the development proceeds
through the approval process.
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Significant Unavoidable Adverse Impacts
The revised road layout and the addition of Auburn Gateway under the Inland
Development Plan would not result in significant unavoidable adverse impacts. Traffic
impacts are expected to be generally equivalent to or less than what was described in the
2004 Final EIS and 2011 EIS Addendum.
As described in the 2004 Final EIS, all of the development alternatives would result in
additional traffic at several intersections that would operate at LOS F in the future. The
2004 Final EIS and the 2011 EIS Addendum did not identify mitigation for three
intersections where the project would cause an increase in delay: S 277th Street/West
Valley Highway, Central Avenue/Willis Street,and 116th Avenue SE/Kent-Kangley
Road. These intersections would operate at LOS F regardless of whether the proposed
project is developed, and the additional delays were not considered significant.
For the 2019 EIS Addendum,the following traffic conditions are expected:
• The proposed project would be developed in two phases. Phase 1 (South Phase)
would include 500 multi-family residential units. Phase 2 (North Phase)could be
developed under two possible scenarios: A Reduced Build and a Full Build. The
Reduced Build would include 150,000 square feet of commercial retail. The Full
Build would add an additional 18,000 square feet of commercial retail (for a total
of 168,000 square feet)and 111,000 square feet of office use.
• For the Phase 1 Development, all intersections are expected to operate at the same
or better LOS than under 2022 without-project conditions.
• A signal warrant analysis was conducted at the intersection of Auburn Way N/49`h
Street NE. The 8-hour,4-hour, and peak hour vehicular volume warrants were
met under 2022 without-project conditions. A signal is recommended at this
location.
• A signal warrant analysis was conducted at the intersection of I Street NE/S 277th
Street. The 8-hour,4-hour,and peak hour vehicular volume warrants were met
under 2022 with-project conditions,which is the first scenario where I Street NE
has the potential to be completed. A signal is recommended at this location.
• The signalization of the Auburn Way N/49th Street NE intersection is
recommended as mitigation with Phase 1 of the project to bring the intersection
operations above the LOS standard.
• For the Reduced Build Phase 2 development, all intersections are expected to
operate at or above the LOS standard.
• With the Full Build Phase 2 development scenario,the intersection of Auburn
Way N/42nd Street NE is expected to operate at LOS F. While the intersection
increases in delay between 2024 Baseline and Full Build, going from LOS E to
LOS F, it operates at the same level as projected for the 2022 baseline conditions
that do not reflect the I-street extension. The increase in delay due to the project
October 2019 Page 35
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would be negligible and could be reduced with a slight adjustment in signal
timing.
• Due to the shifts in traffic from the completion of the I Street NE corridor and the
closure of the Auburn Way N/D Street NE intersection,no other improvements
are recommended as part of either scenario of Phase 2.
ENVIRONMENTAL ELEMENTS NOT ANALYZED
The following briefly describes the reasons that additional analysis was not performed for
other elements of the environment analyzed in the 2004 Final EIS.
Geology/Soils
No change is expected for impacts related to geology and soils due to the development of
Auburn Gateway under the Inland Development Plan. The project acreage remains
approximately the same, grading volumes are expected to be similar to or less than those
evaluated in the 2004 Final EIS,and the project will be required to meet future changes in
FEMA floodplains.
Air Quality
No change is expected for impacts related to air quality due to the development of the
Auburn Gateway project under the Inland Development Plan. The analysis in the 2004
Final EIS estimated maximum peak hour carbon monoxide concentrations by examining
intersections that would be most affected by the project,and is still relevant. The
development of Auburn Gateway under the Inland Development Plan would not result in
an increase in project-related trips because a smaller amount of retail and office square
footage is proposed for the project,compared to that evaluated in the 2004 Final EIS.
There would be minor changes in traffic circulation related to D Street NE and 49th Street
NE. The change in traffic generation is expected to reduce the project-related volume of
traffic at S 277th Street and Auburn Way N during the PM peak hour under Alternative 2
of the 2004 Final EIS, an intersection studied in the 2004 Final EIS for carbon monoxide
concentrations. Lower traffic volumes would result in less delay at the Auburn Way N
and S 277th Street intersection,which in turn would result in less carbon monoxide
concentrations during the PM peak hour than shown in the 2004 Final EIS under
Alternative 2.
Noise
No increase is expected for impacts related to noise due to the development of the
Auburn Gateway project under the Inland Development Plan as compared to that
evaluated in the 2004 Final EIS. Temporary construction noise would likely be of shorter
duration due to the lower overall density of development. Similarly, operational noise
from project-related traffic is expected to be proportionally lower than that described in
the 2004 Final EIS. Of the four noise study focus areas studied in the 2004 Final EIS,
only residences along D Street NE would find project-related traffic to have noticeably
increased noise levels compared to existing noise levels. The proposed change in traffic
circulation would not increase traffic volume along D Street NE any further than what
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
was evaluated in the 2004 Final EIS. To ensure noise from the operations and land uses
does not result in noise impacts, a noise mitigation master plan is required to be provided
and approved prior to vertical construction authorization by the development agreement.
Hazardous Materials
No change is expected for impacts related to hazardous materials due to the development
of the Auburn Gateway project under the Inland Development Plan. A Phase I Site
Assessment was conducted by Landau Associates in 2014 to assess and document
environmental conditions on a property acquired by RPG after the 2011 EIS Addendum
(Landau Associates 2014a). The report indicates that the site had underground storage
tanks that were removed in 1991. The analytical results for the soil samples taken after
tank removal indicated the presence of benzene,xylene, and gasoline-range total
petroleum hydrocarbons (TPH-G)at concentrations greater than the current Ecology
Model Toxics Control Act(MTCA)Method A soil cleanup levels based on unrestricted
land uses. Landau conducted groundwater and soil sampling in 2014 and concluded that
soil and groundwater were below cleanup levels and requested a No Further Action
determination from Ecology(Landau Associates 2014b). The No Further Action
determination from Ecology is still pending. There is a soil remediation plan on parcel#
936060-0269 under City grading permit GRA19-0017,which may become part of the
project in the future and is included for that purpose. Further environmental review may
be required as part of the grading permit process if Inland moves forward with purchase
of the property.
Cultural and Historic Resources
No change is expected for impacts related to cultural and historic resources due to the
development of the Auburn Gateway project under the Inland Development Plan. The
2004 Final EIS evaluated the entire planning area for the potential of discovering cultural
and historic resources. The 2004 Final EIS indicated that there is a high probability of
hunter-fisher-gatherer, ethnographic period and historic Indian, and historic period
archaeological resources within the planning area. The probability estimates for the
Auburn Gateway project area and the planning area were based on the availability of the
Duwamish River—Green River floodplain for hunter-fisher-gatherer use, soils data that
indicate old channels and low terrace deposits,prehistoric and historic period land use in
similar environmental settings, and documented ethnographic and historic period land use
in these two areas.
Land Use
No change is expected for impacts related to land uses due to the development of the
Auburn Gateway project under the Inland Development Plan. The same Comprehensive
Plan and C4, Mixed Use Commercial zoning designations would apply. The Auburn
Gateway project would be developed with retail,office, and/or multi-family residential
units,parking lots, and stormwater facilities, similar to the alternatives described in the
2004 Final EIS,with minor changes that would not introduce any new potential for
incompatible uses. The same amount of multi-family residential development is
proposed, but it would be separated from the commercial development on the site, rather
than being vertically integrated within the same building. A smaller amount of
October 2019 Page 37
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
commercial, retail, and/or office use would be developed compared to that evaluated in
the 2004 Final EIS. The private residences south of the Auburn Gateway project site
would be less affected under the Inland Development Plan because the proposed
development would be residential rather than commercial mixed-use,as evaluated in the
2004 Final EIS.
Recreation
No change is expected for impacts related to recreation due to the development of the
Auburn Gateway project under the Inland Development Plan. The development of the
Inland Development Plan would tie into the trail that has been developed along the south
side of S 277th Street. Internal trail connections are proposed as part of the Auburn
Gateway project and identified in the proposed Auburn Gateway Design Guidelines. The
recreational demand as a result of retail, office, and/or residential development would
likely be lower than what was evaluated in the 2004 Final EIS since the Inland
Development Plan proposes a lower amount of total development than evaluated in the
2004 Final EIS.
Aesthetics
No change is expected for impacts related to aesthetics due to the development of the
Auburn Gateway project under the Inland Development Plan because the Auburn
Gateway Design Guidelines apply to the similar mix of retail,office, residential or
mixed-use structures, surface parking lots, and stormwater facilities.
The amount of fill required to ensure that buildings are above the flood elevation would
not substantially change the appearance of the project. In addition,the Auburn Gateway
Design Guidelines proposed in the 2004 Final EIS,together with the landscaping and
other measures required by the Auburn City Code, include measures to mitigate the
aesthetic impacts of the project that would be effective in addressing this additional
impact.
Utilities and Public Services
No change is expected for impacts related to utilities(except storm drainage systems)and
public services due to the development of the Auburn Gateway project under the Inland
Development Plan. The residential development would be similar to alternatives
evaluated in the 2004 Final EIS, and the retail and office component would be lower.
Therefore,the estimate for domestic water consumption and wastewater production
associated with development in the 2004 Final EIS likely overstates demand that would
be expected under the Inland Development Plan. To ensure orderly and efficient
extensions of public utilities consistent with the proposed phasing and City regulations,a
master plan will be provided prior to construction authorization.
The fiscal impact analysis in the 2004 Final EIS associated with fire, emergency medical,
and police service is also still applicable.
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Northeast Auburn/Robertson Properties Special Area Plan EIS Addendum
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