HomeMy WebLinkAbout46494 ~ ORDINANCE NO. 4 6 4 9
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING ORDINANCE NO. 4627 PASSED APRIL 28, 1993
BY ESTABLISHING AN ADDENDUM WHICH PROVIDES FOR A PHASE I-A
WHICH WILL ALLOW THE TANDY CORPORATION TO OPEN "THE INCREDIBLE
5 UNIVERSE" PRIOR TO THE COMPLETION OF PHASE I.
6
WHEREAS, Ordinance No. 4627 approved by the City Council
7 of the City of Auburn on April 28, 1993 provided for the
8
rezone of approximately 60 acres of property from M-1 to C-3
9 and adopted certain conditions of approval; and
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WHEREAS, Ordinance No. 4627 contemplated that Phase I of
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the project would consist of approximately 1,487,700 square
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feet; and
WHEREAS, one anchor tenant of the SuperMall, Tandy
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Corporation's "Incredible Universe", which includes
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approximately 187,500 square feet of leasable space, has
requested an amendment to Phase I to permit opening in
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October, 1994 which would be in advance of the opening of the
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remainder of the Phase I tenants;
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WHEREAS, such opening of the "Incredible Universe" would
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likely be in advance of the fulfillment of certain conditions
delineated in Condition No. 8(B) of Ordinance No. 4627 and
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which are required to be completed prior to the opening of
Phase I; and
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Ordinance No. 4649
De,tuber 2, ]993
Page 1
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2 WHEREAS, the traffic analysis conducted for the impacts
of opening the "Incredible Universe in advance of the
4 completion of Phase I indicates that the completion of all of
5 the Phase I road improvements listed in condition 8(B) of
Ordinance No. 4627 is not necessary to accommodate such
7 opening in order to maintain the City's level of service
8 standards;
9 WHEREAS, the environmental analysis conducted for the
]0 SuperMall which was contained in the Final Supplemental
Environmental Impact Statement for SuperMall of the Great
12 Northwest dated November 8, 1992 fully covers the potential
impacts of opening of the "Incredible Universe" in October,
1994; and
]4
15 WHEREAS, the amendment to Ordinance No. 4627 which
establishes an Addendum to provide for the request of the
17 Tandy Corporation is considered a minor change and has
18 therefore been reviewed by the Planning and Community
19 Development Committee of the Council and approved by the City
20 Council;
21 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
23 Seotion ~. City of Auburn Ordinance No. 4626 approved by
24 the City Council on April 28, 1993 is hereby amended to add an
25 Addendum to said Ordinance which establishes a Phase I-A to
Ordinan~ No. 4~9
De.tuber 2, 1993
Page 2
Ordinance No. 4627 in order to provide for the construction
2
and opening of the "Incredible Universe" in advance of the
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4 completion of all the conditions required for the opening of
Phase I. The Addendum is denominated as Exhibit "A" which is
5
attached hereto and incorporated herein.
Section Z. Development of Phase I-A shall be consistent
7
with the site plan delineated as Exhibit "B" which is attached
8
9 hereto and incorporated herein. The site plan shall
illustrate the building, parking, access, and landscaping
needed for Phase I-A.
11
12 se~tlon $. The Addendum adopted by this Ordinance
provides for the development of Phase I'A only and does not,
in any manner, amend the requirements of Ordinance No. 4627
15 for the construction of Phase I in its entirety or the
Supermall overall. If a conflict exists between this
]7 Ordinance and Ordinance No. 4627, then Ordinance No. 4627
shall govern.
]8
19 Section 4'. The Mayor is hereby authorized to implement
20 such administrative procedures as may be necessary to carry
2! out the directives of this legislation.
22 Section 5. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
24 publication as provided by law.
25
Ordinance No. 4649
December 2, 1993
Page 3
2 INTRODUCED:
PASSED:
6 APPROVED: /~,',
7
8
10
11
ATTEST:
12
Robin Wohlhue%er,
15 City Clerk
17
APPROVED AS TO FO~:
18
19
Stephen R. Shelton,
21 City Attorney
22
P~S.ED: 1~.1~'~5
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25
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................................
Ordinan~ No.
De.tuber 2, 1~3
Pate 4
1
2 ADDENDUM TO ORDINANCE NO. 4627
$
4 Pursuant to a request of the Tandy Corporation to
5 construct and open "The Incredible Universe" in the Supermall
in October, 1994 which is in advance of the completion and
7 opening of Phase I of the Supermall, such construction and
8 opening shall be denominated as Phase I-A. The construction
9 and opening of Phase I-A shall be in compliance with the
following conditions which have been extracted from Ordinance
]] No. 4627 and, where necessary modified to reflect phase I-A,
and, where applicable, implemented as part of the Phase I-A
13 development. The conditions of Phase I-A as listed below are
specific for Phase I-A only and shall not, in any manner,
15 amend the conditions listed in Ordinance No. 4627 as to the
construction and opening of Phase I in its entirety or the
Supermall overall.
]8
CONDITIONS;
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1. Earth
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A. Specific geotechnical recommendations, on-site
2] inspection, and monitoring described in the report
prepared by Rittenhouse Zeman and Associates
22 entitled Preliminary Geotechnical Engineering
Evaluation, Proposed Super Mall, dated April 1990,
23 or other related reports or studies that have been
or will be prepared shall be incorporated into the
24 construction practices and design of all new
construction as required by the Public Works
25 Director.
Ordinan~ No. 4649 Exhibit "A"
De~mber 2, 1~3
Page 1
2 B. The proponent shall provide evidence to the Building
Official, at the time of building permit
application, that all building areas that have been
surcharged will be adequate for the applicable type
4 of construction. Any buildings that cannot be
adequately surcharged should be supported on pile
5 foundations embedded into the hardened sand and
gravel and "floating" the floor slab on imported
fill material after surcharging the site.
Structural design of the buildings should
7 incorporate measures to minimize building damage
caused by differential settling and ground shaking.
8 These measures should include confirming a
sufficient thickness of compacted fill below all
9 spread footings to minimize differential
settlements, and surcharging the building area for a
10 minimum six month duration to precompress the native
soils.
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C. The Proponent shall prepare a detailed geotechnical
12 investigation that identifies localized groundwater
conditions and provides geotechnical design and
construction criteria for these conditions and
locates areas, if any, where subsurface construction
14 activities could interfere with the water table.
15 2. Air
A. The amount of landscaping required by the Zoning
Ordinance for the entire SuperMall site shall be
17 increased by 25%. This increase shall either be in
the number or size of plant material, or a
18 combination thereof. Phase I-A shall be designed so
this requirement is not lessened for the overall
19 SuperMall project.
20 B. A plan shall be prepared by the applicant and
approved by the Building Official that addresses
2! dust control during construction. The plan shall be
based upon the mitigation measures found on pages
22 70-71 of the DSEIS. The plan shall be approved
prior to the issuance of any construction permit.
23
24
25
26
Ordinan~ No. 4~9 Exhibit "A"
De.tuber 2, 1993
Page 2
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3. Surface Water
2
A. A temporary Erosion and Sediment Control (TESC) plan
is required and must be approved by the Public Works
Director prior to issuance of any construction
permit. The plan shall contain those elements of
4 design similar to those as discussed on pages 62-63
5 of the FSEIS as appropriate for the time of year and
stage of construction. The plan shall also be
consistent with the City of Auburn's Developer
Design Review manual for public works projects.
7
B. A storm drainage plan that addresses the post
8 developed site is required and shall address the
following elements. The plan shall be approved by
9 the Public Works Director prior to the issuance of
building permits for Phase I-A.
1. The discharge rates for the post-developed site
1! shall match the pre-developed site discharge for the 2,
25, and 100 year storm, with the storm drainage detention
12 pond sized for the 100 year, 7 day event.
13 2. A consultant with biological expertise related
to projects of this type shall be involved in the design
and construction of the treatment and detention facility.
15 3. Water quality features shall include
biofiltration and a wetpond/constructed wetland including
a forebay to remove sediment and floatables. The
applicable mitigating measures as found on pages 62 and
63 of the FSEIS shall also be addressed as part of this
plan.
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4. Drainage channel improvements may be required
19 from the site downstream to SR18. The level of
improvement will be determined if the discharge from the
20 pond requires additional capacity within the channel. If
access is provided along the channel for construction or
21 maintenance, it shall be constructed such that there is a
minimal impact to the channel and its environs.
5. All on-site drainage facilities and maintenance
responsibilities will be private.
24 C. An on going storm drainage maintenance and operation
plan and schedule shall be implemented. At a
25 minimum, annual cleaning and inspection of all
Ordinan~ No. 4~9 Exhibit
De~mber 2, 1~3
Page 3
! drainage facilities and documentation shall be
2 provided to the City. The plan shall include the
following:
$
1. A schedule for maintenance for all storm
facilities and the party (parties) responsible for the
4 maintenance and operations shall be identified.
5
2. A vegetation management and harvesting program
and the party (parties) responsible for implementation
and on going operation.
7
3. Best Management Practices (BMPs) for water
quality and storm facility protection (examples include
8 parking lot sweeping, catch basin stenciling, covering
9 activities which have a potential to pollute, spill
response and cleanup plans).
10
The plan shall be approved by the Public Works
11 Director prior to issuance of a Certificate of Occupancy
that allows customer traffic for Phase I-A.
D. A water quality monitoring program shall be required
13 for a minimum of five (5) years, following the
opening of Phase I-A and three years following the
opening of Phase II.
15 The program shall determine conformance with
discharge requirements, effect on receiving waters and
effectiveness of treatment facilities. Generally the
stormwater leaving the site shall meet or exceed the
17 quality of the receiving water. The program shall
include the following:
1. Monitoring and reporting both water quality and
quantity data.
20 2. Collecting samples, lab analysis of samples,
QA/QC program, reports on data with comparison to
21 monitoring program objectives.
22 3. The program shall also provide for financial
performance assurances that guarantee the quality of the
23 receiving water is not being degraded. The financial
performance shall be in effect for the same time period
24 as the monitoring program.
25
Ordinan~ No. 4~9 Exhibit "A"
D¢~mber 2, 1~3
Page 4
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The applicant shall be responsible for the
2 implementation of the monitoring program. The monitoring
program shall be approved by the Public Works Director
prior to the issuance of Certificate of Occupancy that
allows customer traffic for phase I-A.
4 4. Wetlands
5 A. Prior to the issuance of any permit allowing
earthwork (filling and grading) within or proximate
6 to the identified wetlands, a wetland delineation
report for wetlands "a", "B", "C", "D", or "E"
7 (identified in the Draft Supplemental Environmental
$ Impact Statement) and a wetland mitigation plan
shall be submitted and approved by the Planning and
9 Public Works Directors. The wetland mitigation plan
shall identify the functions and values of the
l0 existing wetlands to be impacted and provide wetland
mitigation designed so that features and functions
]! of the impacted wetlands are replaced. Wetland
mitigation shall be hydraulically associated with
12 the proposed stormwater detention facilities.
!3 B. After City approval of a wetland delineation report,
the applicant can identify provisions for fencing
]4 off (with temporary fences) or otherwise protecting
the wetland areas and proceeding with grading on the
15 remainder of the site pending approval of separate
grading permits for filling or grading of wetlands.
The protection provisions shall be approved by the
Planning and Public Works Directors and ensure the
17 greatest protection possible.
C. Major elements of the mitigation plan shall include:
19 1. The wetland mitigation area shall be designed
to include water saturation (hydrology) and obligate,
20 facultative wetland or facultative (hydrophytic)
vegetation native to the Pacific Northwest. Plants to
21 provide shade and cover for local wildlife shall also be
included.
22
2. The plan shall include the proposed
construction sequence; grading and excavation details;
erosion and sedimentation control features needed for
24 wetland construction and long term survival; a planting
plan specifying plant species, quantities, locations,
25 size, spacing, and density; source of plant materials;
Ordinan~ No. 4~9 Exhibit "A"
De.tuber 2, 1993
Page 5
water and nutrient requirements for planting, including
2 irrigation; and descriptions of water control structures
and water level maintenance practices needed to achieve
the necessary hydrocycle/hydroperiod characteristics.
4 3. The plan shall include a maintenance program,
monitoring program and contingency plan and establish
5 goals and objectives to monitor and measure the success
of the wetland mitigation project. It should further
demonstrate the compatibility of the wetland mitigation
area and the maintenance and operation of the proposed
7 stormwater facilities.
$ 4. Prior to the issuance of building permits, the
proponent shall be required to provide the Auburn
9 Building Official with services of a Biologist and Civil
Engineer with expertise in wetlands enhancement and
]0 creation, for purposes of inspecting wetland work
activities for conformance with approved plans and
1! specifications. In addition,' the Biologist shall be
retained for a minimum of three years following
]2 completion of wetlands work during Phases 1 and 2 to
monitor the progress of the relocated and enhanced
wetlands, and to inspect the replacement of unsuccessful
plant and habitat materials in accordance with the
]4 approved plans. A minimum of biannual monitoring and
inspection reports, indicating achievement of goals and
objectives, and project status, shall be filed with the
Building Official throughout the monitoring program, with
a final report provided at the end of the monitoring
program. This condition does not preclude the applicant
]7 from continuing the use of biological or other
professional services of choice during the progress of
project construction; however, this practice will not be
considered as meeting the stated condition.
5. Filling and grading for the site and wetlands
20 mitigation work may occur concurrently. All wetland
mitigation work for wetlands impacted in Phases i-A, 1
21 and 2 except wetland monitoring shall be completed and
approved by the City at least 180 days prior to the
22 issuance of a Certificate of Occupancy that allows
customer traffic for the corresponding phase. However,
if the approved biologist determines that severe seasonal
weather conditions prevent immediate completion of the
24 mitigation plantings, permits may be approved if all non-
vegetative mitigation work is completed (e.g., grading,
25 creation of ponds). In this case a planting schedule to
Ordinan~ No. 4649 Exhibit "A"
De.tuber 2, I~3
Page 6
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complete the mitigation plantings shall be developed by
the biologist and implemented as recommended by the
2 biologist.
6. Prior to the issuance of any permit allowing
4 earthwork within or proximate to the identified wetlands
for each phase, an appropriate security equivalent to the
cost of all wetlands work including the monitoring and
5 contingency plan shall be submitted to the Building
Official, and shall be kept active for a minimum of three
years following completion of all wetlands work. At the
7 end of the three year monitoring program if the
mitigation is satisfactory, then the City shall release
the security.
8
9 7. Following completion and acceptance of all
wetland mitigation work, no clearing grading or building
]0 construction shall occur within the wetland mitigation
area, except as may be authorized by the Public Works or
11 Planning Director for protection of public health, safety
and welfare; maintenance purposes; or contingency
12 mitigation work.
8. The wetland mitigation areas shall be clearly
delineated on all site development plans approved by the
14 City, indicating the purpose and limitation of uses
within the area.
15
D. The purpose and intent of the following condition is
to discourage the uncontrolled intrusion of humans
into the wetlands mitigation area and still provide
17 a passive recreation opportunity. The following
information and improvements shall be provided:
1. A minimum of three interpretative signs shall
19 be installed and maintained along the perimeter of the
wetland mitigation/storm drainage detention area. These
20 signs shall indicate the location, type of vegetation and
wildlife species present, and restrictions related to the
use of the wetland mitigation area.
22 2. The location and restrictions related to the
use of the mitigation area shall be indicated and listed
on any future sales agreements of property containing
wetlands or wetland mitigation.
3. A passive recreation area (e.g. bench, viewing
25 area) shall be provided in conjunction with one of the
Ordinance No. 4~9 Exhibit "A"
De.tuber 2, 1~3
Page 7
interpretative signs, to provide viewing and educational
2 opportunities of the wetland area.
E. Prior to the issuance of permits for building
construction for each phase of the project, a
wetland buffer plan prepared by a wetland biologist
4 shall be submitted and approved by the Planning and
Public Works Directors. The wetland buffer plan
5 shall be coordinated with overall site landscaping
plan and include the planting and establishment of
dense vegetative buffers adjacent to the wetlands.
7 The buffer width shall average at least twenty-five
(25) feet and be no less than 15 feet, except
Wetland C where a larger buffer may be warranted.
8 The buffers shall incorporate the following
characteristics: areas of flattened slopes adjacent
9 to the wetland's edge to provide a habitat
10 transition area, screening to adjacent development
including the base of the flyover ramp and dense
11 plantings of vegetation native to the Pacific
Northwest that will provide shade and cover for
local wildlife. A maintenance plan for the buffer
shall also be prepared and submitted for review and
15 approval. Installation of the wetland buffer must
be completed, reviewed and approved by the City
14 prior to issuance of a Certificate of Occupancy
allowing customer traffic for the corresponding
phase of the project.
F. Prior to the issuance of any permits allowing
earthwork within or proximate to the identified
17 wetlands, an appropriate security equivalent to the
cost of all work necessary to establish the buffers
18 shall be submitted to the Building Official and
shall be kept active for a minimum of three years
following completion of all buffer planting. At the
end of the three year period, the City shall
20 determine if the security equivalent can be
returned, or if the buffer should be replanted,
enhanced or otherwise modified to reflect the intent
and density of the approved work.
22
G. Following completion and acceptance of all buffer
23 work and construction of the flyover ramp, no
clearing, grading, or other construction shall occur
24 within the buffer, except as may be authorized by
the Public Works Director for: passive recreation
25
Ordinan~ No. 4~9 Exhibit "A"
De.tuber 2, 1 ~3
Page 8
1 improvements, protection of public health, safety,
2 and welfare or maintenance purposes.
H. The wetland buffer areas shall be clearly delineated
on site development plans approved by the City,
4 indicating the purpose and limitations of uses
within the area. The boundary of the wetland
buffers shall be staked in twenty-five foot
5 intervals as clearing and construction limits for
construction activities adjacent to the wetlands
area, as required by the Public Works Director.
7 Further, during site grading and the establishment
of temporary erosion and sediment control measures,
8 wetlands and buffer areas must be protected from
potential contamination from untreated stormwater
9 discharges through the use of silt fences or other
appropriate measures.
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5. Noise
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A. During construction, the on site noise level from
12 the project that is received by any residentially
zoned property shall not exceed the standards as
found in WAC 173-60-040. It shall be the
responsibility of the applicant to provide to the
14 City periodic noise monitoring reports. The
monitoring shall be done by a qualified independent
15 consultant during the construction of the project.
The City shall determine when the noise monitoring
should occur.
17 B. Haul routes related to construction vehicles,
transport of construction materials and equipment,
18 shall be restricted to haul routes approved by the
Public Works Director. No haul routes shall be
19 allowed in any residentially zoned area. A haul
route plan shall be prepared by the applicant and
20 submitted to the Public Works Director for review
and approval prior to issuance of construction
21 permits.
22 6. Aesthetics
23 A. The exterior facade of the principal shopping mall
shall be softened by modulation, landscaping
24 adjacent to buildings, and varied roof line. These
features may be similar to those illustrated in
25 Figure 4 of the DSEIS.
Ordinan~ No. 4~9 Exhibit "A"
De~mber 2, 1993
Page 9
1
2 C. The roof top equipment of the mall building shall be
designed such that it appears as an architectural
feature and is similar to the building with regard
$ to color and/or texture. The equiDment shall be
arranged in a manner such that the least amount is
4 visible from the west hill. The roof and rooftop
equipment shall be constructed of non-glare
5 materials.
D. A master sign plan shall be prepared that
7 coordinates the exterior signs of the individual
tenants with the overall development including the
8 outparcels. The architectural design of tenants
logos are not intended to be altered by this
9 condition. To avoid the appearance of a "strip
commercial development, free standing signs
]0 identifying the tenants on the outparcels that front
on 15th Street S.W. shall be limited to 12-feet in
height. If a landscape berm is provided along 15th
Street S.W. and the sign is placed on the building
]2 side of the berm, then the height of the sign may be
increased by the height of the berm. Sign height
shall be measured from the grade adjacent to the
berm to the top of the sign or sign structure.
14
G. The applicant shall prepare plans for each item of
15 this condition. The plans may be individual plans
or an element of another plan. The Planning
Director shall be responsible for reviewing and
approving the plans associated with these
17 conditions. The development of Phase I-A shall be
consistent with these approved plans.
18
7. Li ht & Glare
19
All exterior lighting shall be designed and constructed
such that the direct illumination does not unreasonably
"spill over" on the adjoining property.
21
8. Transportation
22
A. A construction entrance plan shall be prepared by
23 the applicant and approved by the Public Works
Director prior to the issuance of any construction
24 permit. The number and location of entrances shall
be limited and shall be designed to avoid conflict
25 with existing traffic. The entrances shall either
Ordinance No. 4~9 Exhibit "A"
De.tuber 2, 1~3
Page 10
2
be paved or provided with a similar hard surface,
2 e.g., quarry spalls. The entrances and adjacent
streets shall be cleaned as required by the Building
Official during construction.
4 B. The applicant shall be responsible for completing
the following improvements as part of the phase I-A
5 development.
3. Add an eastbound left turn lane at 15th Street
7 S.W./Industry Drive.
8 4. Install a traffic signal at 15th Street
S.W./Industry Drive.
9
5. Add a westbound through lane on 15th Street S.W.
20 from the PP&L right-of-way to "0" Street.
22 6. Add a westbound right turn lane on 15th Street S.W.
from the PP&L right-of-way to Industry Drive.
7. Add a westbound right turn lane on 15th Street s.w.
13 from "o" street to the northbound SR 167 on ramp.
14 11. Install a traffic signal at the existing westbound
SR 18 ramp terminals at "C" Street S.W.
25
12. Install a traffic signal at the existing eastbound
SR 18 ramp terminals at "C" Street S.W.
27 13. Add a 375 foot lane plus a standard taper on the
existing eastbound SR 18 off ramp at "C" Street S.W.
18 to provide one right turn lane and one shared right
and left turn lane.
19
14. Add a 300 foot lane plus a standard taper on the
20 existing westbound SR 18 off ramp at "C" Street S.W.
to provide one right turn lane and one shared right
2! and left turn lane.
22 15. Upgrade existing signal at the 15th Street S.W./"O"
Street intersection including adding a shared
through right turn pocket on the south leg of the
intersection.
24
16. Install traffic signal interconnect along both 15th
25 Street S.W. between "C" Street and the West Valley
Ordinan~ No. 4649 Exhibit "A"
December 2, 1~3
Page 11
! Highway and "C" Street between 15th Street S.W. and
2 3rd Street S.W.
20. West Valley Highway/SR18 eastbound ramps: Adjust
signal phasing.
4
22. 15th Street S.W./"O" Street S.W.: Add a second
5 eastbound left turn lane.
23. In order to deter through traffic from using the "C"
Street S.W. southbound right turn lane, onto 15th
7 Street S.W., the intersection shall be improved by
signage, lane markings and channelization.
8
Each of the above improvements shall be substantially
completed as determined by the Public Works Director
9 prior to issuance of a Certificate of Occupancy that
allows customer traffic for Phase I-A. The term
"substantially completed" shall mean that all elements of
11 an improvement relevant to LOS shall be operational.
12 C. The applicant shall prepare a traffic monitoring
program, the plans for which shall be reviewed and
approved by the Public Works Director prior to the
issuance of the Certificate of Occupancy that allows
]4 customer traffic for phase I-A. The purpose of the
monitoring program is to determine the accuracy of
15 the trip generation and distribution assumptions
used within the SEIS. The monitoring program would
measure traffic volumes, including but not limited
to any project related increase in volumes on Algona
17 Boulevard, and the analysis of the information will
utilize the same assumptions (with the exception of
18 trip generation and distribution assumptions)
outlined in the draft SEIS.
19
20 E. The applicant shall develop and implement a
Transportation Demand Management (TDM) and
Transportation System Management (TSM) program
meeting the approval of the Public Works and
22 Planning Directors. The TDM/TSM program shall
consider each transportation management strategy
23 described at pages 163-166 of the DSEIS, and need
only address Phase I-A.
24
25
26
Ordinan~ No. ~49 Exhibit "A"
De.tuber 2, 1993
Page 12
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G. If necessary, the City agrees to use its power of
2 eminent domain to acquire the right-of-way necessary
to implement Conditions 8(B).
Hapsmith shall be responsible for all costs
associated with the process including acquisition,
4 legal fees, recording, notices, advertising, etc.
5 Hapsmith shall provide to the City all necessary
surveys, title reports, appraisals, etc., that the
City requires for the eminent domain process.
7 H. For those improvement listed in Condition 8(B), for
which other proper.ty owners and developers are
8 obligated to contribute funds by existing traffic
mitigation agreements, the City shall collect those
funds to be used for the construction of permanent
9
improvements that may be required by Condition 8(B).
10
K. The applicant shall be responsible for making the
following improvements related to the Interurban
Trail as part of phase I-A.
1. A raised median shall be constructed on 15th
Street S.W. to provide a crossing refuge for the
Interurban Trail. The refuge shall be large enough to
14 accommodate six bicyclists. Warning signs shall be
installed on 15th Street S.W. and on the Interurban Trail
15 that indicate the approaching intersection.
3. A ten foot width of type II landscaping shall
be provided along or within the west boundary of the
17 right-of-way for the trail, except for access points to
the shopping center. If landscaping is provided within
]8 the right-of-way, then provisions acceptable to the
Planning Director for planting and perpetual maintenance
19 of the landscaping shall be included in any agreement for
right-of-way use.
20
4. The applicant shall prepare a plan for these
21 improvements to be approved by the Planning Director.
The improvements shall be substantially complete prior to
22 the issuance of the Certificate of Occupancy that allows
customer traffic for Phase I-A.'
23 9. Fire
24 A. Construction permits for Phase I-A will not be
issued until the applicant delivers to the City a
25 written commitment and appropriate financial
Ord~nan~ No. 4649 Exhib~! "A"
D~cembcr 2. 1~3
Page 13
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security guaranteeing that tax revenues to the City,
2 from construction and operation of the project, will
be sufficient in the amount to cover any bond
payments for financing the construction of the third
fire station, including a fire truck and aid car.
4
B. In order to provide fire protection for the Phase I-
5 A building, when occupied, and when the remainder of
the mall building is under construction, adequate
separation shall be provided between the Phase I-A
building and the main mall building. The Fire
? Marshall and Building Official shall approve the
type of separation.
8
10. Police
9
The applicant shall prepare a security plan to be
]0 approved by the Police Chief. The plan shall address the
construction phase and the operation of the shopping
1! center itself. The security plan for the construction
phase shall be approved prior to issuance of any
construction permit. The security plan for the operation
of phase I-A shall be approved prior to the issuance of a
13 Certificate of Occupancy that allows customer traffic for
Phase I-A.
11. Water
15
A. A. detailed water distribution system flow and
pressure analysis shall be conducted prior to
granting a building permit.
17
B. Any off site distribution or storage improvements
]8 needed to ensure adequate domestic or fire flow
shall be completed prior to issuance of a
19 Certificate of Occupancy that allows customer
traffic for Phase I-A; provided, however, that the
20 Public Works Director, in consultation with the Fire
Chief, may require that any distribution or storage
2! improvements needed to ensure adequate fire flow for
construction be completed prior to issuance of any
related building permit.
13. The project shall be constructed in phases as identified
24 in the SEIS. Phase I shall have a maximum gross building
area of 1,487,700 sq. ft. Phase I may be constructed in
25 two sub-phases. This includes Phase I-A that will
O~inan~ No. ~49 Exhibit "A"
De.tuber 2, 1993
Pa~ 14
!
contain 187,500 sq. ft. of leasable space. Phase II shall
2 add a maximum of 547,300 sq. ft. of gross building area,
for a total not to exceed 2,035,000 sq. ft. of gross
building area. Each phase must meet all applicable
requirements of the City.
4
14. The development of Phase I-A, as determined by the
5 Planning Director, shall generally be consistent with the
site plan as illustrated on page 36 of the FSEIS and the
following:
7 A. Access to and from 15th Street S.W. shall be limited
to the westerly driveway and partial completion of
$ the "Ring Road" as illustrated on the site plan
attached to this ordinance. An additional means of
9 ingress/egress to Phase I-A shall be provided for
emergency vehicles. It shall be located on the
10 easterly portion of the site. Its exact location,
standard of construction, and signage to be approved
11 by the Fire Marshall. The ingress/egress shall be
kept open for emergency vehicles.
B. The "Ring Road" will be considered a private street
as defined by Section 18.04.870 of the Zoning
Ordinance. Private streets are allowed to provide
14 access to 4 or less lots, that are part of a short
plat (Section 17.04.100(E)(7) - Land Division
]5 Ordinance). The Ring Road as illustrated on the
site plan attached to this ordinance shall partially
be built as part of Phase I-A.
17 E. Uses allowed within the shopping complex shall be
generally consistent with those listed at page 41 of
the FSEIS, and shall be conducted primarily within a
building.
20 17. This rezone shall be implemented by an agreement between
the applicant and the City of Auburn. The agreement
shall encompass the entire Supermall site and shall be
legally described as such. The agreement shall contain
22 all of the conditions of this rezone. The agreement
shall be signed by the City and the applicant prior to
23 the issuance of building permits for Phase I-A.
24 The City Attorney shall be responsible for the format and
preparation of the agreement.
25
O~inan~ No. 4~9
De~mber 2, 1993
Pa~ 15
! 18. Any requirement in these conditions for financial
assurance may, at the option of the applicant, be
2 satisfied by separate or a consolidated bond(s), or
letter(s) of credit. Other forms of equivalent assurance
may be approved by the Finance Director.
4 19. Any plan, study, or analysis required to be submitted by
5 the applicant may include and incorporate by reference
any existing document prepared as part of the
environmental review of this project. Any plan, study or
analysis may at the applicant's option be submitted
7 separately or as part of any permit application.
8 20. Amendments to this ordinance may occur as follows:
9 A. The Planning Director may interpret the words
and meaning of certain conditions in order to
10 resolve conflicts in implementation.
B. If changes to the language of the ordinance are
required, such proposed changes shall be
12 reviewed by the Planning & Community
Development Committee of the City Council, or
13 its successor.
!4 If the change is minor, then the Committee
shall make a recommendation to the City
15 Council. If the change is major, then the
Committee shall refer the change to the Hearing
Examiner. The Examiner shall conduct a public
hearing and make a recommendation to the City
17 Council.
Amendments to this ordinance may be initiated
by only the Hapsmith Company or the City.
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Ord|nan~ No. 4~9 ~xh~bit
De,tuber 2~ 1993
Page 16