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25 West Main
uburn, WA 98001
/
ORDINANCE NO. 4 6 8 9
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
A CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE A
THOROUGHBRED HORSE RACING FACILITY ON PROPERTY ZONED M-1
(LIGHT INDUSTRIAL) AND M-2 (HEAVY INDUSTRIAL) LOCATED SOUTH OF
37TH STREET N.W., BETWEEN THE UNION PACIFIC ~D BURLINGTON
NORTHERN RAILROAD TRACKS, AND NORTH OF 15TH STREET N.W.,
WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. CUP0001-93 dated March 1, 1993,
together with site plans therefore, has been submitted to the
City of Auburn, Washington, by LA TERRA LIMITED PARTNERSHIP
requesting a Conditional Use Permit in an M-1 (Light
Industrial) and M-2 (Heavy Industrial) zone located south of
37th Street N.W., between the Union Pacific and Burlington
Northern Railroad tracks, and north of 15th Street N.W.,
within the City of Auburn, Washington, hereinafter described
in Section 2 of the Ordinance; and
WHEREAS, said request above referred to, was referred to
the Hearing Examiner for study and public hearing thereon; and
WHEREAS, the Hearing Examiner, based upon staff review,
held a public hearing to consider said petition iln the Council
Chambers of the Auburn City Hall, on May 17, 1994, at the
conclusion of which the Hearing Examiner recommended the
approval of the issuance of a Conditional Use Permit to
construct and operate a thoroughbred horse racing facility on
165 ± acres located south of 37th Street N.W., between the
Ordinance No. 4689
June 29, 1994
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Union Pacific and Burlington Northern Railroad tracks, and
north of 15th Street N.W., in an M-1 (Light Industrial) and M-
2 (Heavy Industrial) zone; and
WHEREAS, on June 6, 1994,
public hearing on the requested
heldon June 20, 1994; and
WHEREAS, on June 20, 1994, the City
the City Council scheduled a
conditional use permit to be
Council
their own public hearing and at the conclusion
approved the Conditional Use Permit based upon 'the
Findings of Fact and Conclusions, to-wit:
conducted
of which
following
FINDINGS OF FACT
The applicant, La Terra Limited Partnership, has
requested a conditional use permit to construct and
operate a thoroughbred horse racing facility. The
facility is proposed to be located south of 37th Street
N.W., between the Union Pacific and Burlington Northern
Railroad tracks, and northerly of 15th Street N.W. The
site is 165 ± acres in size and would include a six-
level, partially enclosed grandstand approximately
240,000 square feet in size and designed to seat
approximately 6,500 people. The facility would
accommodate an average daily attendance of 7,500 people
and a peak capacity of approximately 17,300. The
grandstand would include restaurants, bars, mutuel
(betting) windows, food concession booths, and
administrative space. Parking for approximately 5,100
vehicles would be provided. The proposed project would
include a 90-foot-wide, 1-mile oval dirt racetrack with
provision for a future seven-eighths mile, 80-foot-wide
turf/training course inside the main oval. The
facilities also would include 12 barns containing
approximately 1,400 horse stalls, approximately 150
Ordinance No. 4689
June 29, 1994
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seasonal dormitory rooms for 300 grooms and backstretch
personnel, laundry facilities, tack rooms, and
administrative offices. Other accessory structures would
include a paddock, state holding and test barn,
veterinary clinic, backstretch kitchen, and other
structures.
The facility would be open to the public throughout the
year. The applicant anticipates that live thoroughbred
racing would take place 125 days, from approximately
April 1 through October 1. Horses would be present on
the site from approximately February 1 through October
31. Off-season betting would take place by simulcast
(satellite transmission of racing at other thoroughbred
horse racing parks).
The property is zoned M-i, Light Industrial, and M-2,
Heavy Industrial. Both the M-1 and the Mi-2 zone will
allow for a racetrack if a conditional use permit is
issued. Section 18.32.040(C) of the Zoning Code now
allows for the proposed use in the M-1 zone. Section
18.34.040 was recently amended by Ordinance No. 4622 to
allow for the use in the M-2 zone.
In September, 1993, the City of Auburn issued a Final
Environmental Impact Statement (FEIS) for the proposed
racetrack. The FEIS was subsequently appealed by
"CAPOW", Citizens Alliance to Protect Our Wetlands. The
appeal challenged the adequacy and accuracy of the FEIS.
The Hearing Examiner conducted a hearing on the appeal
that took over three days to complete. A denial of the
appeal was issued on January 4, 1994.
The staff report prepared for the Hearing Examiner's
conditional use permit hearing contained Findings of Fact
which were extracted from the Final Environmental Impact
Statement prepared under the direction of the City of
Auburn and completed in September, 1993. As in the staff
report, it is appropriate to extract Findings of Fact
from the Final Environmental Impact Statement as a
complete description of the project and impacts
associated therewith are contained within that document.
The following Findings of Fact from the staff report for
this project dated May 10, 1994 are hereby incorporated
herein by reference as though set forth in full, and
designated as Exhibit "A" attached to this Ordinance.
Finding #4 regarding earth, Finding #5 regarding air,
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June 29, 1994
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Finding #6 regarding water, Finding #7 regarding plants,
Finding #8 regarding animals, Finding #10 regarding fish,
Finding #11 regarding noise, Finding #12 r,~garding land
use, Finding #13 regarding light and glare., Finding #14
regarding aesthetics, Finding #15 regarding recreation,
Finding #16 regarding archaeological/cultural/ historical
resources, Finding #17 regarding fire and emergency
medical services, Finding #18 regarding police, Finding
#19 regarding domestic water, Finding #20 regarding
sanitary sewer, Finding #21 regarding solid waste,
Finding #22 regarding electrical and natural gas, Finding
#23 regarding transportation, Finding #24 regarding
parking, Finding #25 regarding fiscal impact analysis,
and Finding #26 regarding Comprehensive Plan goals,
objectives and policies.
The paragraph entitled Finding #9, Wetlands, from the
staff report is hereby incorporated herein by reference.
However, it is concluded as a result of the public
testimony, and from a review of the wetland provisions of
the FEIS and the wetland mitigation measures that it is
important to ensure the adequate restoration of the
wetland and the appropriate development of the wetland
mitigation site. Accordingly, it is approp:riate for the
maintenance program, monitoring program, and contingency
plan establishing specific goals and objectives to
monitor and measure the success of the wetland mitigation
project be increased from 10 years to 15 years with the
final report to be provided to and approved by the
Building Official and other appropriate City departments
including, but not limited to, the Planning Department
and Public Works Department.
At the time of the public hearings, considerable
testimony and exhibits were presented in opposition to
the development. The testimony included comments from
neighbors who reside in the vicinity who expressed
concern regarding the possibility of freight trains
blocking access roads, destruction of the wetlands, and
the affects of gambling on the community. In addition,
concerns were expressed by a representative of the
Muckleshoot Tribe Fisheries Department with regard to the
effects of the development on the fish habitat in Mill
Creek.
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June 29, 1994
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Many witnesses spoke in strong support of the racetrack,
not only for the positive economic impact which it would
bring to Auburn, but due to the fact that the racetrack,
in the opinion of many of the citizens who spoke, would
have a much less adverse impact on the site and
surrounding vicinity than would the development of many
of the light and heavy industrial uses permitted in the
M-1 and M-2 zones.
CONCLUSIONS OF LAW
The City of Auburn Zoning Ordinance sets forth a series
of criteria which must be established before a
conditional use permit may be approved.
The criteria for the granting of a conditional use permit
are set forth in Section 18.64.040 of the Zohing
Ordinance.
The first of these criteria states that the use will have
no more of an adverse effect on the health, safety or
comfort of persons living or working in the area, and
will be no more injurious, economically or otherwise, to
the property or improvements in the surrounding area,
than would any use generally permitted in the district.
This criteria is very clearly established by the
evidence. The majority of the subject site is zoned for
M-2, Heavy Industrial uses. This heavy industrial zone
is the City's least restrictive zone and is designed for
a number of heavy industrial uses which require
significant amounts of outdoor area for such things as
fabrication and storage. It is very clear 'that although
the racetrack will impact the area, so long as it is
properly conditioned, it will have a substantially less
adverse effect on the surrounding properties than a
number of other uses which could be or are allowed in an
M-2 zone, such as solid waste processing, asphalt batch
plants, wrecking yards, bulk storage, refineries, and
utilities substations. The Comprehensive Plan's
objectives and policies discourage the development of
industrial uses which would produce traffic which would
conflict with industrial uses. While it is certain that
the proposed racetrack would generate a significant
amount of traffic, it is probable that marly industrial
uses could generate traffic levels at least equal to the
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June 29, 1994
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traffic projected for the track particularly given the
size of the site. A large industrial use could easily
employ a similar number of persons and thus generate
similar significant traffic. The majority of the
impacts, traffic or otherwise, are associated with the
live racing reason which is approximately 125 days in
duration in sharp contrast to other year-round M-2 uses
of equal or greater intensity.
In order for a conditional use permit to be granted, the
proposal must be in accord with the goals, policies and
objectives of the Comprehensive Plan. The concept of a
horse facility is envisioned in the Comprehensive Plan at
Policy 9.1.5. The Comprehensive Plan encourages a wide
range of commercial uses and heavy industrial areas and a
number of policies speak to the promotion of economic
diversification, resulting in expanding employment
opportunity, and strong promotion of quality commercial
development in Auburn. In accordance with multiple
policies in the Comprehensive Plan which address such
issues as air quality, water quality, traffic,
aesthetics, public services, wetlands, and noise, there
will be a number of conditions to mitigate the project's
impacts and guarantee that the development of the project
will be consistent with the goals and policies of the
Comprehensive Plan.
In order to permit the approval of a conditional use
permit, the proposal must comply with all requirements of
the Zoning Ordinance. The proposal as submitted, and
revised following environmental review, indicates that it
is compliance with the Zoning Ordinance and/or
alternatively is capable of meeting all requirements of
the Zoning Ordinance. The building permits for the
project will not be released prior to tile review of
detailed final plans to ensure compliance. The projected
use of the area as a horse racing facility lis allowed in
the light and heavy industrial zones subject to the
issuance of a conditional use permit. The applicant has
gone to great lengths to provide appropriate setbacks,
landscaping, and parking. A parking management plan
which will cover contingencies is being reguired and in
accordance with Planning Department projections, 5,100
spaces are being provided. Interior parking lot
landscaping is being provided pursuant to the Zoning
Ordinance.
Ordinance No. 4689
June 29, 1994
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The proposal can be constructed and maintained so as to
be harmonious and appropriate in design, character and
appearance with the existing and/or intended character of
the general vicinity. As proposed, the racetrack
facility will provide a significant contrast to what
could be provided with an M-2, Heavy Industrial zone in
that it will provide for a recreational use, considerable
open spaces which will not be covered by impervious
surfaces, and pedestrian and animal friendly
environments. The grandstand, which will be the largest
structure on the site, should be designed to reflect a
favorable appearance from the valley freeway and
Interurban Trail and surrounding public right-of-way
including, but not limited to 15th Street. Care should
be taken that mitigation measures buffer tile track uses
from the surrounding areas and the adjacent residential
use.
The proposal cannot adversely affect the public
infrastructure. The EIS has identified a number of
adverse environmental impacts which wii1 occur if
appropriate mitigation is not provided. Additional
traffic will be added to an already congested freeway
system, but the Washington State Department of
Transportation, who maintains responsibility for the
State highway system has recommended that the applicant
participate in funding the proposed HOV lanes. The other
anticipated affects to the public infrastructure are
manageable, but only if properly conditioned. There are
a number of conditions related to traffic, storm
drainage, flooding, water quality, etc., which must be
implemented by the applicant.
The criteria for the granting of a conditional use permit
have been clearly and quite thoroughly established by the
applicant, the exhaustive environmental review, and the
multiple conditions.
For each of the above referenced reasons, the
recommendation of the Hearing Examiner to the Auburn City
Council on this Conditional Use Permit, to allow the
construction and operation of a thoroughbred horse racing
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June 29, 1994
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facility
Pacific and
15th Street
approved.
NOW, THEREFORE, THE CITY
located south of 37th Street N.W., between the Union
Burlington Northern Railroad track, and north of
N.W., within the City of Auburn, is modified and
COUNCIL OF THE CIg?Y OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
8eotion ~. The above cited Hearing Examiner's Findings
of Fact and Conclusions are herewith incorporated in this
Ordinance.
8eotion 2. A Conditional
to allow the construction and
horse racing facility located
between the Union Pacific and
tracks, and
Industrial)
Use Permit
operation
south of
Burlington
is hereby
approved
of a thoroughbred
37th Street N.W.,
Northern Railroad
north of 15th Street N.W., in an M-1 (Light
and M-2 (Heavy Industrial) zone, situate in the
City of Auburn, County of King, State of Washington, and is
legally described on attached Exhibit "B" and subject to the
following conditions:
1. Earth
A. A Grading, Drainage, Erosion, Sedimentation Control Plan (GDI:~CP) is required and
must be approved by the Public Works Director prior to issuance of any construction permits.
The plan shall employ Best Management Practices (BMPs) in accordance with the minimum
requirements in the 1990 King County Surface Water Drainage Manual and City of Auburn
Standards. The GDESCP shall employ those BMPs where appropriate as dctailcd on pages 2-10
to 2-11 of the FEIS. The plan shall show earthwork quantities and locations of excavations and
embankments, the storm drainage and detention system, and methods of preventing drainage,
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June 29, 1994
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erosion, and sedimentation from impacting adjacent properties, natural drainage ways, existing
public and private storm drainage systems, sensitive areas, and wetlands. The interim
stormwater drainage and detention facility shall be designed to accommodate the 100-year, 7 day
event. The GDESCP shall include a construction sequence schedule. It shall indicate
concurrent and sequential construction activities.
A storm drainage plan substantially in conformance with the FEIS, pages 2-11 to 2-18 must be
submitted for review and approval prior to approval of the GDESCP. The plan shall clearly
illustrate the routing and direction of all flows, provide preliminary volume requirements and
proposed detention facilities. The plan shall identify and describe all propesed BMP's for City
approval.
B. In order to minimize impacts from excavation and backfilling, these operations should
be planned for execution during the drier months of the year, i.e., May through October.
Recognizing that the project schedule may require winter season work, the impacts can be
minimized by appropriate BMP's. The time span between site preparation and footing
construction should be minimized to prevent exposure of soils. Areas expeeted to be exposed for
long periods of time, even during dry summer months, should be stabilized with methods as
approved by the City Engineer to minimize erosion. Specifically, the following standards will
apply:
From April 1 to October 31, all exposed soil areas at final grade and all areas that are expected to
remain unworked for more than 30 days shall be stabilized within 10 days.
From November I to March 31, all exposed soils at final grade shall be stabilized immediately
using permanent or temporary measures. Exposed soils with an area greater than 5,000 square
feet that are scheduled to remain unworked for more than 24 hours and exposed areas of less
than 5,000 square feet that will remain unworked for more than 7 days shall be stabilized
immediately.
C. To minimize the impact of differential settling and seismic ground shaking on the
proposed project, geotechnical recommendations (from Appendix 'AH of the FEIS) regarding
preloading and settlement monitoring of structural fill should be followed. Structural design of
the buildings should incorporate measures to minimize building damage caused by differential
settling and ground shaking. These measures should include providing a :sufficient thickness of
compacted fill below any spread footings to minimize differential settlements, and preloading
the building areas for a minimum of four to eight weeks, or until monitoring indicates
consolidation of the underlying strata is largely complete, to allow active soils to precompress.
D. The proponent shall provide, prior to or concurrent with ~;he submittal of the
GDESCP, a detailed geotechnical investigation to identify seasonal high water table fluctuations
and soil conditions that may influence the design or construction of building foundations, public
roads or utilities including stormwater detention basins. Existing reports may be used to satisfy
or partially satisfy this requirement.
Ordinance No. 4689
June 29, 1994
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Air
A. In order to provide additional means to filter emissions from automobiles, the
deciduous trees that are otherwise required by the Zoning Ordinance shall be a minimum of 2 to
2-1/'2 inches in diameter at the time of planting.
B. A plan shall be prepared by the proponent and approved by the Building Official that
addrusses dust control during construction and operation of the track. The plan shall be based
upon the mitigation measures found on pages 3-9 and 3-10 of the b"SE]IS. The plan shall be
approved prior to the issuance of any construction permit.
Surface Water
A. A detailed storm drainage plan for on-site and off-site wate~ quantity and quality is
required. The plan is to be approved by the City Engineer prior to issuance of building permits.
The plan shall be designed in accordance with the minimum requirements in the 1990 King
County Surface Water Drainage Manual and City of Auburn Standards. The plan shall include
the following:
The stormwater system shall provide detention to reduce peak post-development flow
rates to pre-development conditions for 50% of the 2-year 24-hour event, and the 2, 10,
2~5, 100-year, 24-hour events. The predeveloped conditions are defined as those
conditions prior to the existing fill that is on the site. The detention shall be defined as
the active storage available one foot (1') above the seasonal high groundwater line. All
detention ponds shall include a minimum one foot (1') freeboard distance after
settlement. The developer shall provide a survey of all detention structures to verify
required freeboard at 10 foot station intervals. Survey results will be shown on as-built
plans submitted to the City for review and approval prior to occupancy. The first cell of
each detention pond and pond #3 shall be lined to protect groundwater.
The design of the storm drainage systems must incorporate the tailwater elevation
findings in the Mill Creek Basin Flood Control Plan Study conducted in 1993-94 by
King County, Kent and Auburn. To verify the systems will function as designed for all
required storm events, without infringing on the one (1) foot freeboard, given the
respective tail water elevations, the hydraulic grade line (HGL) slaall be established to
ensure the predeveloped and post-developed conditions are met. Provide sufficient
maintenance to the existing (eastAvest) ditch that is north of 29th Street N.W. and west
of the UPRR and then to Mill Creek to accommodate the performance of on-site
detention systems.
Stormwater conveyance, detention and treatment systems shall be designed to ensure
that temperature, dissolved oxygen and nutrient problems in Mill Creek are not further
degraded as discussed in the FEIS . The design shall take into consideration the
discussion on pages 3-64 and 3-65 of the FEIS.
Ordinance No. 4689
June 29, 1994
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Prior to final inspection and acceptance of the storm drainage system, the proponent
shall provide evidence to the City that the system is able to convey and store the
quantities that were approved for the storm drainage system. At a minimum, all
conveyance and detention systems shall be free of sediments.
B. In addition to the stormwater management system, other measures to mitigate effects of
increased runoff include constructing downstream drainage improvements outlined in the City
of Auburn's Comprehensive Drainage Plan (CDP) (1990). These drainage improvements shall
be constructed prior to horses being allowed on site. The plan shall include the following:
CDP Improvement AH2. Construct parallel (independent) 36-inch (or equivalent)
storm pipe to convey approximately 35 cfs to the detention basin from Burlington
Northern Railroad (BNRR) west to the Union Pacific Railroad (UPRR) along 37th
Street N.W.
CDP Improvement 02. Replace existing 30-inch and 36-inch culverts at the Interurban
Trail crossing along 29th Street N.W. with two 54-inch culverts or equivalent to convey
approximately 189 cfs.
CDP Improvement 03. Replace existing 18-inch and 24-inch culverts at the UPRR
crossing along 29th Street N.W. with two 54-inch culverts or equivalent to convey
approximately 189 cfs.
CDP Improvement O3A. Construct two 48-inch culverts or equivalent across 29th
Street N.W. east of the UPRR to convey approximately 130 cfs from E3 channel
improvement to 03 Improvement.
CDP Improvement 04. Construct grass-lined channel (or other suitable section) or
pipe equivalent along 29th Street N.W. from BNRR to UPRR convey approximately 59
cfs.
CDP Improvement E3. Provide additional conveyance capacity along the existing
UPRR ditch from 15th Street N.W. to 29th Street N.W. to convey approximately 130
cfs. The design shall include, provisions for maintenance access.
C. For public roads, constructed by the proponent, storm drainage facilities shall be
designed in accordance with the minimum requirements in the 1990 King County Surface Water
Drainage Manual and City of Auburn standards and could include any one of the following,
depending on the location of the roadway and its existing drainage system:
Use the proposed project's adjacent on-site facilities; e.g., drainage could be directed to
on-site detention~vater quality control facilities (liability and maintenance issues would
need to be resolved for interconnected systems).
For storm drainage from off-site street improvements that cannot be drained through an
on-site system, cooperate in a 'drainage mitigation agreement' as a method to
participate in a regional water quality/quantity control facility.
Ordinance No. 4689
June 29, 1994
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Provide individual site detention/kvater quality control for each isolated off-site
improvement.
D. To mitigate for the filling of the FEMA 100-year floodplain and lost flood storage area,
the following City of Auburn's Comprehensive Drainage Plan (CDP) (1990) improvements shall
be constructed prior to horses being allowed on site.
CDP Improvement AH1B. Construct Regional Detention Pond with inlet/outlet
pipelines in the northwest corner of the site with a storage capacity of approximately 13
acre-feet. This portion of the site contains approximately 3.5 acres of wetlands. Except
for the portion of wetlands in this area proposed to be filled to create a berm and swale
and for which wetland mitigation measures have been imposed as described in
Condition 4.A below, the wetlands in the northwest corner of the site shall not be filled,
excavated or modified in any manner which would require a permit pursuant to S404 of
the Federal Clean Water Act. The regional detention pond shall be designed to provide
treatment of stormwater from both the on-site overflow & the 37th Street system The
pond shall be designed with a preferred side slope of not steeper than 4:1. If steeper
slopes are required, then low maintenance vegetation must be planted on those slopes
and if necessary be fenced for public safety. Maintenance access shall also be provided.
Maintenance of the wetland portion of this pond to retain the design storage capacity
shall be allowed, but shall be limited to cutting and/or removing of vegetation above the
ground (e.g., mowing, rotary cutting) and removal of accumulated debris. No
excavation, discing or similar regulated activities under S404 of the Federal Clean Water
Act, shall occur without first obtaining necessary authorization from the U.S. Army
Corps of Engineers. The City's long term use and maintenance of the regional
detention pond shall be guaranteed by execution of an appropriate legal instrument
prior to allowing spectators on site.
E. Water quality treatment facilities described in Section 2 (Stormwater Management
System), pages 2-11 through 2-18 of the FEIS, and in accordance with the King County Surface
Water Drainage Manual and City of Auburn Standards shall be constructed prior to horses
being allowed on the site. An agreement with Metro allowing the proposed emergency animal
waste discharge to the 72-inch Metro sewer line shall be provided to the City prior to approval of
the Stormwater Management system plans.
F. A stormwater pollution prevention plan shall be developed by the proponent and
approved by the Public Works Director prior to issuance of construction permits. The plan
shall include the following minimum requirements and shall be fully implemented prior to
horses being allowed on site.
(1) An Animal Waste Management Plan as described in Condition # ll-A.
(2)
An on going storm drainage maintenance and operation plan and schedule. At a
minimum, annual inspection and cleaning of all drainage facilities are required. The
plan shall include the following:
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June 29, 1994
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(a)
A schedule for maintenance for all storm facilities and the party
(parties) responsible for the maintenance and operations shall be
identified.
A vegetation management and harvesting program and the party
(parties) responsible for implementation and ongoing operation.
(c)
A plan outlining the procedures for switching Detention System
Number 3 between the retention system utilized during the racing
season and the offseason detention system.
(3)
Best Management Practices (BMPs) for water quality protection and storm facility
operation and maintenance (examples include parking lot sweeping, catch basin
stenciling, covering activities which have a potential to pollute, spill response and clean
up plans, guidelines for using fertilizers, pesticides, hazardous materials and other
potential pollutants).
G. A Water Quality Monitoring Program shall be required for a minimum of five (5) years
commencing from the date of the issuance of the first building permit. The Monitoring Program
shall be terminated after five (5) years provided that the applicant can demonstrate that
stormwater discharge from the site is not causing violations of State of Washington Water
Quality Standards for Surface Waters (Chapter 173-201A (WAC) in Mill Creek. The program
shall be designed in coordination with conditions for water quality monitoring that may be
imposed by the U.S. Army Corps of Engineers (Corps), in conjunction with a S404 permit, by
the Washington Department of Ecology (Ecology), in conjunction with a S401 water quality
certification or a National Pollution Discharge Elimination System (NPDES) permit, or by the
Washington State Department of Fish and Wildlife (DFW) in conjunclion with a Hydraulic
Project Approval (HPA). The Corps, Ecology and DFW are hereinafter referred to as Other
Agencies with Jurisdiction. The program shall determine conformance with discharge
requirements, effect on receiving waters and effectiveness of treatment facilities. The program
shall include, at a minimum, the following:
O)
Monitoring and reporting both of water quality and quantity data shall occur at a
frequency as recommended by the water quality monitoring program, but in any event
not less than quarterly.
(2)
Collecting samples, lab analysis of samples, QA/QC (Quality Assurance/Quality
Control) program, reports on data with comparison to monitoring program objectives.
(3)
Thc program shall provide financial performance assurances that guarantee the quality
of the receiving water is not being further degraded as discussed in the FEIS. The
financial guarantee shall be in effect for the same period as the monitoring program.
In lieu of the monitoring plan required by this condition, the City will accept a water quality
monitoring program designed for compliance with the S404 permit, NPDES permit or S401
certification for this project, so long as such other monitoring program conforms to the
objectives and elements identified above and so long as the City is assured that it will receive
copies of all monitoring reports submitted by the applicant to other agencies with jurisdiction
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and that it will be provided an opportunity to comment on such reports. The City shall be
entitled to enforce the monitoring conditions imposed by such other agency with jurisdiction in
the event that such agency is not enforcing such conditions. In the event that the City must
enforce such conditions, the proponent shall, as directed, be required to provide the Auburn
Building Official with the services of a consultant with expertise in water quality for the purpose
of assisting the City in the enforcement of conditions.
The proponent shall be responsible for the implementation of the monitoring program. The
monitoring program shall be approved by the Public Works Director prior to spectators being
allowed on site.
H. The proponent shall have the option of agreeing to be responsible for all costs
associated with providing an independent qualified expert(s), hired by the City, to perform a
technical evaluation of the stormwater treatment proposal, stormwater pollution prevention
plan and water quality monitoring program. If the proponent does not agree to pay these costs,
the City will use the expertise of other government agencies in performing this technical
evaluation. This technical evaluation shall be completed and accepted by the City prior to
approval of those items.
I. Whenever a conflict may arise between the 1990 King County Surface Water Drainage
Manual and City of Auburn Standards, the City standard apply.
Wetlands
A. Prior to the issuance of a permit allowing earthwork within or proximate to wetland
mitigation (Thormod) site, a comprehensive wetland mitigation, management, and monitoring
plan prepared by a wetland biologist shall be submitted and approved by the Planning and Public
Works Directors. The filling of wetlands on the project site shall be mitigated by creation,
restoration, enhancement of and buffering to wetlands based on the proposal outlined in the
Final Environmental Impact Statement (FEIS) and Wetland Functional Values Assessment for the
,4uburn Thoroughbred Racetrack Project dated August 1993 (Appendix B2 of the FEIS) and the
Wetland Mitigation Plan for the Auburn Thoroughbred Racetrack Project, dated August 1993
(Appendix B3 of the FEIS). The wetland mitigation plan shall be designed to compensate for
impacts to the existing wetland functions and achieve at least equal wetland functions
Major elements of the mitigation plan shall include:
The wetland mitigation area shall be designed to include water saturation (hydrology)
and wetland vegetation native to the Pacific Northwest. Plantings shall provide food
and cover for local wildlife.
The plan shall include the proposed construction sequence; construction limit staking;
grading and excavation plans and details; erosion and sedimentation control features
needed for wetland construction and long-term survival; a planting plan specifying plant
species, quantities, locations, size, spacing, and density; source of plant materials;
habitat features; water and nutrient requirements for planting, including irrigation; and
descriptions of water control structures, and water level maintenance practices needed
to achieve the necessary hydrocycle/hydroperiod characteristics.
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A hydrologic and hydraulic analysis shall be conducted for the wetland mitigation
site. The analysis shall address the existing and future dynamics of hydrologic
support for wetlands on the Thormod Property. The analysis shall be approved by
the Public Works Director and utilized as the basis to construction design and
monitoring of the wetland mitigation.
The plan shall include a maintenance program, minimum 15-year monitoring
program and contingency plan commencing from the date that the wetland
mitigation has been completed, and establish goals and specific objectives to
monitor and measure the success of the wetland mitigation project. The
proponent shall be responsible for primary construction inspection and biannual
monitoring and inspection reports, indicating achievement of goals and objectives,
and project status, to be filed with the Building Official through the monitoring
program, with a final report provided at the end of the monitoring program.
Following the filing of the final report, the Building Official shall, if recommended
by either the Planning Department and/or the Public Works Department or any
successor City department, impose additional conditions to ensure the proper
maintenance and success of the wetland mitigation project including, but not
limited to further monitoring measures.
The City recognizes that in order for the proponent to fill wetlands, as proposed, it
must obtain a S404 Permit from the Corps. The Corps is not expected to make a
decision on the permit request until the fall of 1994. In the event that the Corps
issues a S404 permit, the Corps will require the proponent to implement a detailed
wetland mitigation plan, including maintenance, monitoring and contingency plan
elements. In order to avoid duplication of effort, reduce the potential for
conflicting conditions and utilize the expertise of other agencies, the City will
accept a wetland mitigation plan approved by the Corps so long as that plan meets
the City's adopted wetland mitigation policies and generally conforms to the
mitigation proposal identified in the FEIS. In the event that the proponent uses
the wetland mitigation plan approved by the Corps to satisfy this condition, the
City shall be entitled to enforce all work activities for conformance with approved
plans as required of the wetland mitigation by the Corps in the event that such
agency is not enforcing such conditions.
The proponent shall have the following options for providing the City with
independent qualified expert(s) for the purpose of assisting the City in the review
of the wetland mitigation plan and inspecting work activities for conformance with
approved plans and specifications. The proponent will ensure that either the
expertise of other government agencies is provided for assistance and if the
agencies require reimbursement, the proponent shall be responsible for such costs,
or if other government assistance is not provided or is unresponsive, the proponent
shall provide the City with services of a biologist and civil engineer.
Prior to the issuance of permits allowing earthwork within or proximate to
wetlands, an appropriate security equivalent to the cost of all wetlands work
including the review, monitoring and contingency elements shall be submitted to
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the Building Official, and shall be kept active through the period of the
monitoring plan in an amount commensurate with monitoring program and
contingency plan. At the end of the monitoring program, the City in consultation
with other agencies with jurisdiction as appropriate, shall determine if the security
equivalent can be returned, or if the contingency should be implemented and the
monitoring period extended. A cost summary for all wetlands mitigation work
shall be provided in the wetland mitigation plan. The City recognizes that the
Corps is likely to impose its own requirement for the posting of an appropriate
security device in the event that it issues a S404 permit. In order to avoid requiring
multiple security devices to guarantee the same work, the City agrees that if a
security device is required by the Corps for the wetland mitigation plan, the City
will not require its own security device so long as the City is named as a secondary
benefkiaty so that the City is authorized to determine that all work activities have
been completed in conformance with approved plans prior to the City's
authorization for the release of the security device. In the event that the Corps will
not agree to a security device with a secondary beneficiary, the City will work with
the Corps and the proponent to develop an alternative means to protect the City's
interest in guaranteeing that the wetland mitigation work is completed in
conformance with approved plans.
Prior to the issuance of any construction permits, the proponent shall provide the
Planning Director with a schedule for the completion of all wetland mitigation
plan activities including grading and planting, which demonstrates that all wetland
mitigation work, other than wetland contingency and monitoring, will be
completed within two years of the issuance of all permits (including necessary state
and federal permits) which allow the proponent to fill wetlands on the racetrack
site and to undertake the wetland mitigation work. The schedule shall be reviewed
and approved by the Planning Director. If, due to reasons beyond the proponent's
control, the wetland mitigation work cannot be completed within this two year
period, and reasonable progress is being made on the wetland mitigation work, but
such work has been interrupted by either weather conditions and/or the availability
of plant materials, the Planning Director may consider granting up to a one year
extension based upon a revised schedule. However, in the event that the Planning
Director grants any extension beyond the initial two years, up to a maximum of
three years, he or she shall require the proponent to post an additional bond in the
amount of the cost for completing the wetland mitigation work.
Following completion and acceptance of all wetland mitigation work, no clearing
grading or building construction shall occur within the wetland mitigation area,
except as may be required by other agencies with jurisdiction and as maybe
authorized by the Public Works or Planning Director for protection of public
health, safety and welfare; maintenance purposes; passive recreation feature, or
contingency mitigation work.
The wetland mitigation areas shall be clearly delineated on all site plans approved
by the City, indicating the purpose and limitation of uses within the area.
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10.
The purpose and intent of the following condition is to discourage the uncontrolled
intrusion of humans into the wetlands mitigation area. The following information and
improvements shall be provided:
a. Permanent interpretative and notice signs shall be installed and maintained
along the perimeter of the wetland mitigation area. The interprelive signs shall indicate
the location, type of vegetation and wildlife species present, and restrictions related to
the use of the wetland mitigation area. Notice signs shall indicate the wetland type and
restrictions related to the use of the wetland mitigation areas.
b. The wetland mitigation area (Thormod site) shall be encumbered by a public
open space, conservation easement granted to the City of Auburn. The easement shall
state that any uses within the easement area shall be as approved by the Planning
Director. The uses shall be consistent with the wetland mitigation area and shall be a
general benefit to the public.
Evidence that the easement has been executed and recorded is required prior to
allowing spectators on the racetrack site.
B. A wetland maintenance plan for the regional storm drainage facility in the northwest
corner of the racetrack site shall be prepared by a wetland biologist and submitted and approved
by the Planning and Public Works Directors prior to the issuance of a permit allowing earthwork
within or proximate to the wetlands identified on the track site. The plan shall be designed to
reduce project impacts from construction and operation of the regional storm drainage facility
and shall demonstrate the compatibility of the wetland enhancement and operation and
maintenance of the storm water facilities. The operation and maintenance requirements of the
storm drainage facilities shall be defined including a maintenance schedule.
The areas shall be revegetated with wetland vegetation that will improve water quality and
survive the increased inundation expected. Further, a vegetative screen composed of native
plants shall be constructed between the developed portions of the site and the regional storm
water facility in the northwest corner of the site which contains wetlands. Planting of the
constructed fill slopes may be used to satisfy this requirement. Plantings shall be completed
prior to allowing horses on the site.
Maintenance of the wetland portion of this facility shall be allowed, but shall be limited to
cutting and/or removing of vegetation above the ground (e.g., mowing, rotary cutting) and
removal of accumulated debris and sediment. No excavation, discing or similar regulated
activities under Section 404 of the Federal Clean Water Act, shall occur without first obtaining
necessaD' authorization from the U.S. Army Corps of Engineers.
The plan shall include elements 2 through 9, except element 7, as appropriate from Condition
4.A. above. However, monitoring and security shall be limited to three years unless extended.
C. A wetland buffer plan for the off-site wetland south of the track site shall be prepared by
a wetland biologist and submitted and approved by the Planning and Public Works Directors
prior to the issuance of a permit allowing earthwork within or proximate to the wetlands
identified on the track site,. The buffer plan shall include planting the constructed fill slopes
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along the east side of the south vehicle entrance with native vegetation to provide a vegetative
screen. Fencing shall also be provided along the entire southern boundary of the site.
Prior to the issuance of any building permits, an appropriate security equivalent to thc cost of all
work nece&~ry to establish the buffer 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 determine if the security equivalenl can be returned, or if
the buffer should be replanted, enhanced or otherwise modified to reflect the intent and density
of the approved work.
D. The proponent shall identify provisions for any off-site wetland impacts resulting from
required transportation and utility improvements and appropriate mitigation measures.
Additional impacts may require additional environmental review.
Noise
A. The proponent shall prepare a noise attenuation plan that addresses the existing non-
conforming residence adjacent to the northeast corner of the site. The plan shall be prepared by
a professional noise consultant. The plan shall provide for noise mitigation measures that will
attempt to lower the noise level of the operation of the track at the adjoining property line to 10
decibels below the minimum standard as outlined in WAC (Washington Administrative Code)
173-60-040.
The plan shall be reviewed by the Planning Director. The Director shall decide which mitigation
measures are to be implemented that would most reasonably achieve the goal of lowering the
decibel level. The plan shall contain provisions for monitoring. It shall be the responsibility of
the proponent to provide to the City periodic noise monitoring reports. The monitoring shall be
done by a qualified independent consultant approved by the City and paid for by the proponent.
The monitoring shall be done periodically during the first year of racing. The City shall
determine when the noise monitoring should occur and shall include peak events, evenings and
weekends. If the noise levels are exceeded, then the track operator shall prepare a mitigation
plan, including time frames for implementation of additional mitigation measures to be
approved by the Planning Director. If the reduced standard is not met, then the Planning
Director shall determine the most reasonable additional mitigation possible. Mitigation
measures such as noise walls or landscaping may be considered. If, in the City's opinion, after
best efforts are made, noise levels continue to exceed standards, no further action shall be
required. The plan shall be submitted prior to issuance of construction permits. The monitoring
shall be done periodically during the first year of racing and shall include personal contact with
any resident or adjacent business within a 200 foot radius of the site to determine how, if at all,
that resident or business is impacted by the noise associated with the site, and how further noise
mitigation measures may be of assistance to any such resident and/or operator of business.
6. Aesthetics
A. The west facade of the grandstand structure shall be designed in a manner that would
mitigate any adverse aesthetic concerns viewed from the adjacent roadways or the Interurban
Trail. Modulation (or similar architectural features) color scheme or landscaping, or a
combination of these elements shall be considered.
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B. The proponent shall identify all significant trees (as defined by Section 18.50.030(E) of
the Zoning Ordinance) on the site for review by the Planning Director. The Planning Director
shall be authorized to allow removal of those significant trees necessary for construction of the
project. The four horse chestnut trees that are south of 29th Street N.W. will be retained.
All trees to be retained shall be flagged, protected from construction activity, and shown on the
landscape plans.
C. Adjacent to both sides of 'H* Street NW there shall be planted deciduous trees 30 feet
on center, and 2 to 2-1/2 inches in diameter at the time of planting. The trees shall be planted
starting at the south boundary of the south parking lot then continue south approximately one
thousand (1,000) feet. These trees are in addition to those otherwise required for the 'H' Street
frontage through the racetrack itself.
D. A comprehensive sign plan shall be prepared for all on-site and any potential off-site,
non-directional signage. For the purposes of this section, directional signage is defined as
including signs whose primary purpose is to identify means of egress or ingress, location and
utilization of parking and/or the location of buildings and facilities on the site. The sign plan
shall provide a coordinated and consistent graphic design package for ali directional and non-
directional signage. Non-directional signage shall further be limited as to location with no more
than one free-standing sign oriented towards any major road frontage to minimize visual clutter.
For the purpose of regulation, thc proposed internal street shall be considered as a street
frontage even though its formal dedication is being postponed to some point in the future
defined elsewhere in this document. Signage shall further comply with appropriate provisions of
the sign ordinance pertaining to single tenant buildings. In instances where strict conformance
with the ordinance presents a hardship, the City may consider granting variances. Two potential
issues for consideration include the distance of the site from Highway 167 and the need for off-
site signage on 15th Street. It shall be the applicants responsibility to demonstrate that the
request satisfies the criteria needed to sustain a variance.
E. A landscape plan shall be prepared that illustrates the requirements of this permit and
the Zoning Ordinance. Landscaping features shall be used to soften the amount of paving and
building coverage.
F. Plans are required by this condition (6) and shall be approved by the Planning Director.
Condition 6B shall be approved prior to issuance of construction permits. Conditions 6A, C, D
and E shall be approved prior to issuance of building permits.
Light and Glare
A. All exterior lighting shall be designed and constructed such that the direct illumination
does not unreasonably 'spill over' on the adjoining property or be an impact to the operation of
the Auburn Airport. Cut off luminaries and directional lights shall be considered. The lighting
used for television coverage of the races shall be designed so that it can be dimmed between
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B. The roof tops of all structures and the eastern facade of the grandstand shall be
constructed of materials that reduce glare so as to not be an impact to the operation of the
Auburn Airport.
Aa'chaeological/Cult uralfrtistor ica!
In the event any archaeological or cultural resources arc found on thc project or mitigation sites,
work must be halted in an area large enough to maintain integrity. The City of Auburn, thc
Office of Archaeology and Historic Preservation, and (for Native American artifacts) the
Muckleshoot Indian Tribe, as appropriate, shall be immediately notified. Measures shall be
taken to document or protect the resources.
Prior to allowing spectators on site, the proponent shall provide a written record of thc Kosai
and Lunn sites' historical usage for agricultural production, subject to the approval of thc
Planning Director. At a minimum, the record shall include available photographic
documentation and a written narrative detailing the Kosai and Lunn sites' history, ownership
and documentation of any unique or interesting architectural or historical features associated
with thc site. Prior to allowing spectators on site, a permanent display including text and photos
shall be provided in a public area of the racetrack facility that discusses the association of the
project sites with prior ownership and farming by the Kosai and Lunn families. Further, the
permanent display including text and photos provided in the public area at the racetrack facility
shall discuss the historic residential uses of the site and vicinity by three generations of the
Stewart family.
Fire and Emergency Service. q
A. The operator will need to provide the Fire Department with an acceptable emergency
operations plan that provides a hazard vulnerability analysis, details for evacuation of both
humans and animals and outlines the actions that will be taken to successfully mitigate an
emergency incident on site. This would include emergencies and disasters such as fire,
earthquake, hazardous materials incident, etc. The plan must be approved by the Fire Chief
prior to horses being allowed on site.
B. The Operator will need to provide the Fire Department with an acceptable internal and
external access and egress plan that will provide multiple entries and on-site roads suitable for
emergency use. Emergency access doorways and connecting pathways shall be coordinated and
approved by the Fire Marshal and the Building Official. Because the expected capacity at peak
events assumes an occupant load outdoors, the plan shall include how the outside uncovered
occupancy load will be restricted from overcrowding the sheltered areas during inclement
weather. The plan must be approved by the Fire Chief prior to horses being allowed on site.
C. The project should provide the funding for an on-site fire inspector hired by the City to
augment existing City fire inspection staff due to the size of the development and development
time lines. Section 2.302 of the 1991 edition of the Uniform Fire Code provides for this and will
speed inspection acceptance through the construction phase of this project. This inspector may
also be charged with site inspection for Building Code acceptance if such service is required
through Section 306 of the 1991 Uniform Building Code and approved by the Building Official.
Such inspector shall be qualified and approved by the Fire Marshal and Building Official.
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10.
11.
12.
13.
D. In lieu of participating in the purchase of a new ladder truck, the proponent may employ
one or more qualified persons, as required and approved by the Fire Chief, to be on duty at all
events (See Section 25.117 of the 1991 Uniform Fire Code). At least two EMT's approved by
the Fire Chief and compensated by the proponent shall be pre.~ent at each event. Up to eight
fire personnel may be required for peak attendance days. The amount of staffing and their
responsibilities shall be determined by the Fire Chief.
Police
The proponent shall prepare a security plan to be approved by the Police Chief. The plan shall
address the construction phase and the operation of the racetrack itself. The security plan for
the construction phase shall be approved prior to issuance of any construction permit. The
security plan for the operation phase shall be approved prior to allowing spectators on site.
The proponent shall also prepare a plan for the use of traffic control personnel at public street
intersections. The Police Chief shall establish the proper training and qualifications of such
personnel. If City police are used, then the applicant shall enter into contractual arrangements
with the City for the compensation of the police personnel.
Solid Waste
A. The proponent shall prepare an Animal Waste Management Plan consistent with the
discussion on page 2-9 and 2-10 of the FEIS. The plan shall be approved by the Public Works
Director and the applicable mitigating measures implemented prior to horses being allowed on
site.
B. The proponent shall prepare a recycling plan consistent with the City's policies on
recycling. The plan shall be approved by the Public Works Director prior to spectators being
allowed on site.
Water
A water conservation plan with measures similar to those listed as mitigation measures on page
3-103 of the FEIS, shall be prepared and submitted to the City prior to approval of building
permits.
Transportation
A. A construction entrance plan shall be prepared by the proponent and approved by the
City Engineer prior to the issuance of any construction permit. The number and location of
entrances shall be limited and shall be designed to avoid conflict with existing traffic. The
entrances shall either be paved or provided w/th a similar hard surface, e.g., quarry spalls. The
entrances and adjacent streets shall be cleaned as required by the Building Official during
construction.
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B. Haul routes related to construction vehicles, transport of construction materials and
equipment, shall be restricted to haul routes approved by the City Engineer. Haul routes shall
avoid, where practical, the homes adjacent to the track. A haul route plan shall be prepared by
the proponent and submitted to the City Engineer for review and approval prior to issuance of
construction permits.
If, in the opinion of the City Engineer, such hauling will adversely impact the street network, the
integrity of the street structure, or the adjoining homes, hauling hours may be limited to
appropriate off-peak hours, certain days of the week, or routes may be changed as appropriate.
C. Prior to issuance of any construction permits, the proponent shall satisfy the City
Engineer that the proponent has made a good faith effort to enter into an agreement pursuant to
a schedule and conditions agreed to between the applicant and the Washington State
Department of Transportation (WSDOT), such that the proponent shall be responsible for
paying the WSDOT up to $508,855 to be used specifically for the cost of preliminary design and
construction of High Occupancy Vehicle lanes on State Route 167 between Central Avenue
(Kent) and 15th Street S.W. (Auburn). If the HOV project is not committed for construction
within five years then the residual of the $508,855 not paid to the WSDOT shall be paid to the
City to be used for other transportation improvement projects that benefit both the regional
transportation system and the project.
The agreement shall be executed between the proponent and WSDOT prior to spectators being
allowed on site.
D. Prior to allowing spectators on site, the proponent will complete construction of a
roadway qommencing at the intersection of 16th Street N.W. and the City's existing 40 foot wide
'H~ Street right-of-way to the southerly boundary of the site (the "Off-Site Roadway"), and from
the southerly boundary of the site to the northerly boundary of the site (the 'On-Site Private
Roadway').
1. Off-Site Roadway
a. Dedication
Following completion of construction of the Off-Site Roadway (as described below), the
proponent will dedicate a 36.5 foot wide right-of-way easterly of and adjacent to the City
of Auburn's existing 40 foot wide right-of-way for 'H' street together with a triangular-
like parcel of land extending southwesterly of a curve having a radius of 150', said curve
lying tangent to 16th Street N.W. and the easterly line of said 36.5 foot strip, together
with the Off-Site Roadway improvements constructed thereon.
b. Construction
The Off-Site Roadway will consist of four driving lanes, to be constructed within the
westerly 60 foot wide portion of the collective right-of-way, as generally depicted on the
cross-section attached hereto and incorporated herein by this reference as RWS-1 (see
attachment ~ 16 of Exhibit *A~ attached to this Ordinance).
On-Site Private Roadway
· a. Contingent Dedication of On-Site Right-of-Way
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Prior to issuance of any construction permits, the proponent shall execute an agreement
(the 'Contingent Dedication Agreement') and dedication in recordable form acceptable
to the City Attorney, providing for a contingent dedication of right-of-way through the
project site (the 'On-Site Right-of-Way').
b. Alignment Options
The Contingent Dedication Agreement shall provide that the On-Site Right-of-Way
shall, at the City's election made at the time of activation of dedication be either the
'Curved Right-of-Way' or the 'Straight-Line Right-of-Way'. The alignment of the
Curved Right-of-Way shall be as described below and as depicted on the sketch attached
as Exhibit ROWA-1 (see attachment #16 of Exhibit 'A' attached to this Ordinance),
and the legal description of same shall be set forth in the Contingent Dedication
Agreement. The alignment of the Straight-Line Right-of-Way shall be as described
below and the legal description of same shall be set forth in the Contingent Dedication
Agreement.
Curved Right-of-Way: The Curved Right-of-Way shall be as follows:
· South Straight Section
76.5 feet wide from the southerly boundary of the project site to a point
approximately 660 feet south of the south margin of 29th Street N.W.,
· Curved Center Section
66 feet wide from a point approximately 660 feet south of the south
margin of 29th Street N.W. to a point approximately 705 feet north of
the north margin of 29th Street N.W.,
· North Straight Section
76.5 feet wide from a point approximately 705 feet northerly of the
north margin of 29th Street N.W. to a point approximately 1,395 feet
northerly of said north margin, and
· North Curved Section
66 feet wide from a point approximately 1,395 feet northerly of the
north margin of 29th Street N.W. to the south margin of 37th Street
N.W.
ii.
Straight-Line Right-of-Way: The Straight-Line Right-of-Way shall be as
follows:
· Extended South Section
76.5 feet wide from the southerly boundary of the site to the south
margin of 29th Street N.W., and
· Extended North Straight Section
76.5 feet wide from the north margin of 29th Street N.W. to a point
1,395 feet northerly of the north margin of 29th Street N.W.
· North Curved Section
66 feet wide from a point approximately 1,395 feet northerly of the
north margin of 29th Street N.W. to the southerly margin of 37th
Street N.W.
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June 29, 1994
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If the City elects the Curved Right-of-Way, then at the time of activation of the
dedication, the proponent shall provide a concrete curb, gutter and sidewalk on the
easterly side of the On-Site Roadway in the Curved Center Section, to match the
concrete curb, gutter and sidewalk initially constructed on the North Straight Section.
c. Timing of Activation of Dedications: The Contingent Dedication Agreement
shall set forth the conditions under which dedication shall be activated, as follows:
i. Activation of Dedication of the entire On-Site Right-of-Way:
Activation of Dedication of the entire On-Site Right-of-Way shall occur when
each of the following conditions are met:
(1) Any two of the following arterial corridors reach LOS D or
below (as determined by actual traffic counts conducted in such
corridors) for the arterial corridor.
·
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·
·
·
15th Street NE/NW, Auburn Way North to West
Valley Highway
37th Street NE/NW, Auburn Way North to West
Valley Highway
S. 277th/52nd Street NE, Auburn Way North to West
Valley Highway
Auburn Way North, 15th Street NE to 52nd Street
NE
West Valley Highway, 15th Street NW to S. 277th
Street
B Street N.W., 15th Street N.W. to South 277th Street
(2) The City has determined that the portion of the planned
north/south arterial between 15th Street N.W. and 37th Street N.W. is
needed to serve the traffic circulation needs of the City. Such
determination will be made as follows:
When condition D.2.c.(1) above is met, the City will perform an
analysis to determine if a public arterial is needed through the project
site from 15th Street N.W. to 37th Street N.W. to serve the traffic
circulation needs of the City. If the analysis indicates that the arterial
is needed, the City Engineer shall provide the analysis to the
proponent, who shall have sixty (60) days to review and comment.
After the comment period, the City Engineer shall prepare a
recommendation to the City Council. The City Council shall
determine whether the arterial is needed.
ii. Activation of Dedication of the On-Site Right-of-Way from 29th Street
N.W. to 37th Street N.W.: Activation of Dedication of the On-Site Right-of-
Way from 29th Street N.W. to 37th Street N.W. shall occur when the Public
Works Director has determined:
(1) that the portion of the On-Site Right-of-Way from 29th Street
N.W. to 37th Street N.W. is necessary to serve traffic circulation needs
associated with occupancy of properties located west of the racetrack
site and east of Highway 167 between 15th Street N.W. and 37th Street
N.W. pursuant to a development permit issued by the City; or
Ordinance No. 4689
June 29, 1994
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(2) that any previously permitted industrial development along
the M Street corridor from 15th Street N.W. to 29th Street N.W. has
requested that the On-Site Right-of-Way from 29th Street N.W. to
37th Street N.W. be made available for purposes of its traffic
circulation.
d. Reservation of Property Right over Dedicated Right-of-Way
The Contingent Dedication Agreement and dedication shall include a
reservation by the proponent and its heirs and assigns, of the right to use two of
the five lanes of the roadway constructed within the On-Site Right-of-Way,
those lanes being the easterly-most and westerly-most lanes, for event parking
purposes. The reservation shall include indemnification and insurance
provisions acceptable to the City Attorney. The reservation by proponent shall
be until such time as the City determines that an additional lane or lanes are
necessary to serve the arterial system of the City as established by an analysis
indicating that the additional lanes are needed. The City Engineer shall
provide the analysis to the proponent who shall have 60 days to review and
comment. After the comment period the City Engineer shall prepare a
recommendation to the City Council and City Council shall determine if lanes
are needed and if so how many.
e. Right-of-Way Use Permit
At the time of activation of dedication of any portion of the On-Site Right-of-
Way, a right-of-way use permit is then issued to facilitate mutually acceptable
uses of portions of the public right-of-way for the proponent's purposes and
shall address access to and within the project site during any construction
activities performed by or on behalf of the City within the On-Site Right-of-
Way, the location of security fencing, driveways and gates, and provisions for
traffic control including at a minimum, temporary lane closures and use of
reversible lanes.
f. Construction of On-Site-Roadway: The On-Site Private Roadway will
be constructed in concept within the Curved Right-of-Way as described on the
cross-sections attached hereto and incorporated herein by this reference as
Sections RWS-2, RWS-3, RWS-4, and RWS-5 (see attachment #16 of Exhibit
'A' attached to this Ordinance). All structural design to be approved by the
City. Proponent will provide and install conduit only for a future street lighting
circuit along the easterly margin of the On-Site Roadway. The future street
lighting circuit, if connected to the proponent's project lighting at the time of
construction, will be capable of being separated from the proponent's project
lighting at the time of activation of dedication.
g. Ditch Cleaning: If the roadway alignment does not allow for a
maintenance access road to maintain the ditch east of the UPRR grade, and
after final design it is determined that City equipment is not capable of
performing the ditch maintenance function, the proponent agrees to reimburse
the City for equipment rental fees associated with ditch cleaning to be
performed as needed and not more frequently than annually.
E. Prior to issuance of any construction permits, the proponent shall be required to enter
into a mitigation agreement to participate in the Traffic Signal Interconnect Project on a pro-
rata share of $6500 based upon the estimated cost to mitigate the impacts to the following:
Ordinance No. 4689
June 29, 1994
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N/S STREET E/W STREET SITE TOTAL
TRAFFIC TRAFFIC
PERCENTAGE
OF IMPACT
SR 167 SB 15th ST NE 299 2433 12.29
SR 167 NB 15th ST NE 389 2116 18.38
West Valley Hwy 15th ST NW 10 1450 0.69
Auburn Way North 37th ST NE 100 2450 4.08
Auburn Way North 30th ST NE 100 2983 3.35
Auburn Way North 22nd ST NE 40 2708 1.48
Auburn Way North 15th ST NE 60 1850 3.24
Auburn Way North 8th ST NE 60 2260 2.65
Auburn Way North 4th ST NE 60 3060 1.96
Harvey Rd I ST NE 60 2290 2.62
Harvey Rd 8th ST NE 20 2210 0.90
M ST NE 4th ST NE 40 2230 1.79
C ST NW 15th ST NW 120 2686 4.47
A ST NE 15th ST NE 120 2430 4.94
D ST NE 15th ST NE 60 2463 2.44
F. Prior to issuance of any construction permits, the proponent shall satisfy the City
Engineer that the proponent has made a good faith effort to enter into a mitigation agreement
with King County to participate in the improvement of the following locations in a manner that
is suitable to King County and consistent with the impacts identified in the F-ElS.
1. South 277th Street/Star Lake Road/55th Avenue South
2. Military Road/South 272nd Street
If an agreement is required, it shall be executed between the proponent and King County prior
to spectators being allowed on site.
G. Prior to allowing spectators on site, the proponent shall be responsible for completing
the following improvements:
The intersection at 37th Street and the main north/south access through the track site
shall be signalized and shall allow for further extension of the roadway to the north.
Z
Upgrade the existing traffic signal at 37th Street NW and We. st Valley Highway to
current standards and add protected left turn phases for eastbound and westbound
traffic. Add a westbound right-turn lane.
At the 15th Street NW and Southbound SR 167 intersection: convert the westbound
through lane to a left/through lane, add an eastbound right turn lane, and add a
southbound left turn pocket with appropriate lane widening.
Ordinance No. ~,89
June 29, 1994
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At the intersection of 15th Street NW and 'C' Street NW, add a second eastbound left-
turn pocket, add a westbound right-turn lane, and modify the northbound right-turn
lane to be a through/right-turn lane. Upgrade the traffic signal as neecssary to reflect
these intersection improvements.
H. The following improvements shall be substantially complete prior to allowing spectators
on site. If there are delays in securing right-of-way, permits, or other unforeseen problems, then
the City Engineer may extend the deadline for the completion of the improvements until
opening day of the next live racing season. If the deadline for the improvement is to be
extended, the proponent must have a design, construction schedule, contract and a contractor's
performance bond approved by the City Engineer.
Add an eastbound right turn lane, a westbound right/through lane, and add
protected/permitted westbound left turn signal phasing at the intersection of West
Valley Highway and South 277th Street.
2. The following improvements to "B" Street N.W. are required:
Signalize the intersection of S. 277th and ~BH Street N.W. and signalize the
intersection of 37th and 'B* Street N.W. Temporary (e.g., span wire)
construction may be allowed for the signals.
At the 277th intersection, construct north bound left and right turn lanes on 'B~
Street. At the 37th Street intersection, construct a south bound left turn lane
and right/~hrough lane on HB* Street. The north bound approach to the
intersection at 37th Street shall be improved to align with the turn lanes on the
south bound approach.
If the City secures grant funding to construct the *F/H~ Street arterial, from
37th Street NW to 44th Street NW, then the improvements outlined in
Condition (H, 2) will not be required. The traffic signal interconnects, as
described in Condition (H, 3), will not be required for the two 'B~ Street
intersections. Interim traffic management measures may be required to
accommodate the track's traffic during construction of the arterial.
The traffic signals at 37th Street NW and B Street NW, 37th Street NW and West Valley
Highway, S. 277th Street and B Street NW, and the newly created intersection at the
north-south arterial and 37th Street NW shall be interconnected and shall include a
master controller in the system which will be included in the City-wide signal system.
I. A portion of 29th Street is proposed to be vacated which will preclude through public
access between the two railroad lines. If the City Council vacates the street, public access for
those properties that are on 29th and not part of the track shall be provided.
Emergency access as approved by the Fire Chief shall also be provided through the site using the
29th Street vacated right-of-way. Appropriate utility easements shall also be provided as part of
the street vacation.
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June 29, 1994
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J. If necessary, the City agrees to use its power of eminent domain to acquire the right-of-
way necussa~y to implement conditions #13 G and H. The proponent shall be responsible for all
costs associated with the process including, acquisition, legal fees, recording, notices, advertising,
etc. The proponent shall provide to the City, all necessary surveys, drawings, etc., that the City
requires for the eminent domain process.
K. A signing plan shall be developed by the proponent and approved by the City Engineer.
It shall be implemented to reduce confusion and direct site-generated traffic to the most
preferred routes. The signing plan shall include regional and local jurisdiction roadways.
Coordination with, and approval by the appropriate jurisdiction will precede implementation of
the signing plan. Signing shall include destination and route guide signs, and may be of a
changeable message type, with the approval of the appropriate jurisdiction. The signs shall be in
place prior to allowing spectators on site.
The proponent shall develop and implement a transportation management plan at least
equal to those developed for Commute Trip Reduction legislation. The plan shall include
provisions to reduce patron and employee SOV (single occupancy vehicle) travel. The proposed
Transportation Demand Management plan, as outlined Appendix D in the Final Supplemental
Environmental Impact Statement, shall used as a guide in the preparation of the T.D.M. Plan.
The T.D.M. Plan shall also contain provisions to monitor its effectiveness, consider a commuter
rail stop adjacent to the track, and contain measures that would reduce the conflict of special
marketing or other promotions during the Friday p.m. peak hour. The plan shall be approved by
the Public Works Director prior to allowing spectators on the site.
M. The proponent shall be responsible for developing and implementing a signing plan to
prevent racetrack spillover parking impacts to the adjacent roadways. The plan shall be
approved by the City Engineer prior to allowing spectators on site.
N. The proponent shall be responsible for making the following improvements, prior to
allowing spectators on site, to the Interurban Trail:
Convenient and safe access shall be provided from the trail to the racing facility.
Adequate bicycle parking facilities shall be provided in convenient locations
near the grandstand.
O. Should the City secure grant funding for the construction of the proposed 'F/II' Street
arterial, between 15th Street NW and 44th Street NW, then the proponent will be obligated to
pay its fair share of the local cost of the project.
P. For those improvements listed in Conditions 13 (O) and (H), for which other property
owners and developers are obligated to contribute funds by existing traffic mitigation
agreements, the City shall collect those funds to be used for the construction of permanent
improvements that may be required by Conditions 13 (G) and (H).
14. Parking
A. Revisions to the parking lot plan shall be made to reflect a more uniform distribution of
the required landscaping.
Ordinance No. 4689
June 29, 1994
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B. The number of driveways that interface with the main north/south street shall be
reduced if needed to promote traffic safety. The Public Works Director shall determine the
appropriate number given the interior access requirements of the parking lot.
C. A parking management plan for the on-site operation of the parking lots shall be
prepared by the proponent. The plan shall consider the use of a shuttle bus if needed to more
effectively serve the north parking lot and to alleviate any emergency access restrictions. The
plan shall provide for the most reasonable assurances possible that the on-site parking will be
used by the patrons as opposed to the using any non-planned off-site parking areas. The plan
shall be approved by the Planning Director prior to the allowing spectators on site.
Note: The following are general conditions that will also apply to the project.
The project shall be constructed substantially in compliance with the site plan as illustrated by
attachment #13 of Exhibit 'A~ attached to this Ordinance. The Planning Director is authorized
to approve revisions to the site plan as needed to comply with the provisions of this permit or
other code or ordinance requirements.
Prior to the approval of any plan that proposes a use or activity on those portions of the site that
have underlying easements or other title holders, the proponent shall provide evidence that the
proposed use or activity on the affected parcel is consistent with the legal rights of the
proponent, the easement or other title holder.
This conditional use permit shall be implemented by an agreement between the applicant and
the City of Auburn. The agreement shall encompass the entire racetrack site and wetland
mitigation area and shall be legally described as such. The agreement shall contain all of the
conditions of this conditional use permit. The agreement shall be signed by the City and the
proponent and track operator prior to the issuance of construction permits. The City Attorney
shall be responsible for the format and preparation of the agreement.
For the purposes of this ordinance, the term proponent shall refer to the current owners
together with their heirs, assigns and successors, of the property as legally described in this
ordinance.
Any plan, study, or analysis required to be submitted by the proponent 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 proponent's option be submitted separately
or as part of any permit application.
The proponent shall make a good faith effort to work with the City to obtain grant funding for
public infrastructure improvements identified here and in the FEIS. If funding is received, it
shall be used in part towards the proponent's financial obligations for public infrastructure
improvements.
For the purposes of this permit, the following terms shall have the following meaning:
Ordinance No. 4689
June 29, 1994
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21.
22.
23.
A. Construction Permits: These are permits related to any building construction,
earthwork (i.e., grading, filling, excavation), street and utility construction.
B. Building Permits: These are permits related to any permanent structure.
For the purposes of implementing the conditions of this ordinance, the Building Official may
allow the occupancy of the racetrack facility to occur in phases. There shall generally be two
phases: the first phase shall require the implementation of those conditions prior to allowing
horses on the site. The second phase shall require the implementation of those conditions prior
to allowing spectators on the site.
This condition does not lessen or othe~vise affect any provisions of the Uniform Building Code
with regard to Certificates of Occupancy.
This permit shall allow for a thoroughbred horse racing facility and its attendant and accessory
uses. During the off-racing season, satellite (simulcast) racing is permitted. No other forms of
gambling than pari-mutuel wagering for live and satellite horse racing shall be allowed. During
the off-season, the restaurants, meeting rooms and related facilities may be used for non-racing
functions. All other uses must be as allowed by the underlying zoning on the property.
Amendments to this ordinance may occur as follows:
A. The Planning Director may interpret the words and meaning of certain conditions in
order to resolve conflicts in implementation. All words in the ordinance shall carry their
customary and ordinary meaning.
B. If changes to the language of the ordinance are required, such proposed changes shall be
reviewed by the Planning and Community Development Committee of the City Council, or its
Successor.
If the change is minor, then the Committee shall make a recommendation to the City Council. If
the change is major, 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 Council.
Amendments to this ordinance may be initiated by the proponent or its successor.
Section 3. Upon the passage, approval and publication of
this Ordinance as provided by law, the City Clerk of the City
of Auburn shall cause this Ordinance to be recorded in the
office of the King County Auditor.
Ordinance No. 4689
June 29, 1994
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Section 4. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Seotion 5. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
MA Y OR
ATTEST:
Robin Wohlhu~ter,
City Clerk
Ordinance No. 4689
June 29, 1994
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APPROVED AS TO FORM:
Michael J. Reynolds,
Acting City Attorney
PUBLISHED:
Ordinance No. 4689
June 29, 1994
Page 32
Alenda Subiect:
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
La Terra Limited Partnership
D~., h,,¢nt: planniqg
Adminiatra ' mendation:
Public Hearing - Application No. CUP0001-93 [ I~.t~: May 10, 1994
1~ See attached list
Hearing Examiner to recommend to the City Council approval of the Conditional Use Permit based upon the
Findings of Fact, Conclusions and Conditions us outlined.
REPORT OF FACT~;
OWNER/APPLICANT:
REQUEST:
SIZE:
LOCATION:
EXISTING ZONING:
EXISTING LAND USE
La Terra l-lmited Partnership
Conditional usc pormii to construct and operate a thoroughbred horse
racing facility
165 ± acres
South of 37th St. NW, between thc Union Pacific and Burlh~gton Northern
Railroad tracks, and north of 15th Street NW
M-l/M-2
Undeveloped
COMPREHENSIVE PI.AN DESIGNATION: Light and Heavy Industrial
SEPA STATUS: Final ElS Issued Scptcmber 30, 1993
ZONING AND LAND USE DATA IN THE VICINITY:
North M-2 Industrial
South M-1 Vacant
Eust M-l/M-2 Industrial & Vacant
West M-1 Industrial & Vacant
Reviewed by Council Commlm.es & Commissions:
.... Ar~ Commission Council Committe,~.
Heating Examiner Piear~
Human Re~ourcex Munidp~l S~tvicea
Library Board ' Picturing & CD
Park Board Public Works
..... Planning Commi~ion.
Other
Approved: [ Call for Hearing:
Committee Approval: Yes No [ Tabled
ComprehemdvcLandUse
Industrial
Indt~trial
lndtLstfial
Indt~tfial
Reviewed by Departments & Db~ions:
. Aiqx)n xx M&O
Building Mayor
Cemetery Pa~
~naoee Per~ooael
. lr~ec x~ Planning
Legal xx Police
Libr~y ~ P~blic Wo~k~
Referred to: Until:
Until:
ORDINANCE NO. 4689
EXHIBIT "A"
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limitcd Partnership
FINDINGS OF FACT;
1. La Terra Limited Partnership has requested a conditional use permit to construct
and operate a thoroughbred home racing facility. The facility is proposed to be located
south of 37th Street N.W., between the Union Pacific and Burlington Northern Railroad
tracks, and northerly of 15th Street N.W. The site is 165 _+ acres in size and would include
a six-level, partially enclosed grandstand approximately 240,000 square feet in size and
designed to seat approximately 6,500 people. The facility would accommodate an average
daily attendance of 7,500 people and a peak capacity of approximately 17,301). The
grandstand would include restaurants, bars, mutuel (betting) windows, food concession
booths, and administrative space. Parking for approximately 5,100 vehicles would be
provided. The proposed project would include a 90-foot-wide, 1-mile oval dirt racetrack
with provision for a future seven-eighths mile, 80-foot-wide tuff/training course inside the
main oval. The facilities also would include 12 barns containing approximately 1,400 horse
stalls, approximately 150 seasonal dormitory rooms for 300 grooms and backstretch
personnel, laundry facilities, tack rooms, and administrative offices. Other accessory
structures would include a paddock, state holding and test barn, veterinary clinic,
backstretch kitchen, and other structures.
The facility would be open to the public throughout the year. The applicant .'mticipates
that live thoroughbred racing would take place 125 days, from approximately April 1
through October 1. Horses would be present on the site from approximately February 1
through October 31. Off-season betting would take place by simulcast (satellite
transmission of racing at other thoroughbred horse racing parks).
2. The property is zoned M-l, Light Industrial, and M-2, Heavy Industrial. Both the
M-1 and the M-2 zone will allow for a racetrack if a conditional use permit is issued.
Section 18.32.040(C) of the Zoning Code now allows for the proposed use in l~he M-1 zone.
Section 18.34.040 was recently amended by Ordinance No. 4622 to allow for the use in the
M-2 zone.
3. In September, 1993, the City of Auburn issued a Final Environmental ]Impact
Statement (FEIS) for the proposed racetrack. The FEIS was subsequently appealed by
"Ca, POW", Citizens Alliance to Protect Our Wetlands. The appeal challenged the
adequacy and accuracy of the FEIS. The City's Hearing Examiner conducted a hearing on
the appeal that took the course of three days to complete.
On January 4, 1994, the Hearing Examiner issued her decision to deny the appeal.
2
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Aw.d~ Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
The following Findings of Fact are extracted from the Final Environmental
Impact Statement. In most cases, the page numbers are provided to direct
the reader to the section of the FEIS from which the Findings of Fact are
taken.
4. Earth
The site is located in an area that has historically been used for agricultural purposes. On
the majority of the southern half of the site, native soils have been covered with
approximately 2 to 3 feet of medium dense to dense sandy gravel fill with va~Sable mounts
of silt.
Geotechnical investigations revealed the upper 10 to 15 feet of the site generally consists of
interbedded native deposits of loose to medium dense sand and silty sand, and soft to
medium stiff sandy silt, silt, and clayey silt. One area of the site was found to, contain peat
at about 4 to 5 feet below existing ground surface. Peat was encountered in one test pit
located in the southwest corner of the site and was about 1.5 feet thick.
Below a depth of about 10 to 15 feet, borings encountered medium dense sand with varying
amounts of silt. At depths below about 40 to 45 feet, interbedded deposits of medium stiff
to very stiff silt and medium dense to dense sand and silty sand were encountered. Native
soils on the site are moisture sensitive and may be expected to expand and contract with
the addition of moisture such as rain. Because of this characteristic, which is common to
soils in this area, specific construction methods are recommended by geotechnical
engineers. These methods are found in Appendix "A" of the FEIS and will be incorporated
into the applicable development plans.
Construction of the proposed racetrack would require clearing and excavating activities
that would increase the potential for erosion. Approximately 80 acres of the 165-acre site
have been filled under a previous grade-and-fill permit issued by the City of Auburn. The
filled area is located on the south side of 29th Street N.W. and extends approximately 2,600
feet to the south between the Union Pacific Railroad and the Burlington Northern
Railroad. Approximately 755,000 cubic yards of structural fill would be required to
prepare the site for construction of the utilities, pavement, and buildings. The fill would be
required for two purposes:
To raise the site to the necessary elevations to design a gravity :storm
drainage system, and
To provide an adequate subbase section for the parking areas, :roads, and
buildings.
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Pubfic Hearing - Application No. CUP0001-93 - La Terra Limitcd Partnership
Earthwork for the proposed project would include excavations of large quantities of soil
below existing grade for the proposed storm drainage pond in the center of the racetrack.
Minor amounts of excavation also could be necessary for utilities and elevator construction.
Monitoring of groundwater levels at the site shows that groundwater could be at or near
ground surface during late winter and early spring and at a depth of 5 to 10 feet during late
summer and fall. It is likely that deeper excavations could encounter some groundwater;
the amount would depend on depth of excavation and time of year. The geotechnical
report suggests several methods for dewatering excavations that extend below groundwater
levels, including shallow sumps and small pumps in shallower excavations, and deeper wells
or a system of well points with pumps in the deeper excavations.
Impacts related to construct/on primarily Would be from erosion and changes in site
topography. Erosion potential is affected by a number of factors, including soil
characteristics, vegetative cover, topography, and climate. The site of the proposed
racetrack is relatively flat, and this factor reduces the potential for erosion. Because
removal of vegetation would expose soils, and because soils on the site have a high
proportion of silt, which is easily detached and carried away, .risk of erosion exists.
Stockpiled fill material and excavated, stockpiled native soil also would be susceptible to
erosion. With proper design and implementation of the Grading, Drainage, Erosion,
Sedimentation Control Plan (GDESCP), risk of erosion would be minimal. 'l~e GDESCP
would control surface runoff by directing it into a sedimentation pond several times larger
than required and sized to exceed City of Auburn standards.
Although the proposed fill activities would alter the topography of the existing site, the
proposed storm drainage system would be designed to discharge stormwater flows at the
existing discharge points. Therefore, impacts from the proposed fill activity would not alter
existing drainage patterns.
Filling on the site could cause very minor and localized ground settlement. Septic systems
are located along the north and south sides of 29th Street N.W. based on a geotechnical
analysis, no impacts on septic systems from ground settlement are expected. (Pages 3-1
through 3-4)
5.
The Proposed Action has the potent/al to affect air quality in the vicinity of th{.' property.
A variety of construction activities would generate dust and other air pollutants. Fugitive
dust from excavation and grading activities has the potential to be carried by the wind.
Dust would be generated by open trucks, trucks and equipment stirring up dirt,, and dirt
carried by vehicle tires. Trucks and construction equipment powered by internal
combustion engines would generate small quantities of CO (carbon monoxide) and ozone.
4
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
The air po lutlon generated by construction of the proposed project would be: temporary in
nature and would be limited to the immediate area.
Once the project is completed, vehicular traffic associated with racetrack ope:ration and
dust from the movement of horses on the track would be a so-tee of air pollutants.
Because of the seasonal nature of different kinds of pollution and project operation, it is
appropriate to discuss the spring through late summer and fall through winter activities
separately.
During the live racing seasoq~,.(April 1 through October 1 ~ the Proposed Action would
contribute primarily to ozone conc~,ha~6hs in the area. Ozone concentrations are highest
from mid-May to Mid-September, when urban emissions are trapped close to the surface.
Additional vehicle trips generated by the Proposed Action would increase emissions of
components of ozone during this time, which would contribute to identified regional air
quality problems. Incremental additions of ozone would be in proportion to *[dditional
vehicle trips generated by the proposal. Any net increase in emissions of ozone under the
Proposed Action likely would be small compared to total regional emissions within the
Puget Sound area.
CO concentrations are' highest where vehicles are queued and idling (engines are less
efficient when they are idling and therefore emit more pollutants). Intersections operating
at LOS D or better generally do not exceed the standards for CO. Because most of the
intersections in the vicinity of the property would operate at LOS D or better, standards for
CO are not expected to be exceeded. The most congested intersections around the subject
property include West Valley Highway/37th Street N.W., SR 167 southbound ramps/15th
Street N.W., and 15th Street N.W./'U' Street N.W. These intersections are the ones most
likely to exceed CO standards.
During operation, the main oval would be watered regularly to maintain the soft surface
necessary to prevent injuries to horses. Track watering would minimize particulate
emissions originating from track surfaces. The barn area would be the only other portion
of the site where permanently exposed soils would exist. This area would be covered with 2
feet of clay. Clay is extremely resistant to erosion, which would minimize dust from this
portion of the site. However, during the driest times of the year, some dust would be
generated on the site.
Operation of the Proposed Action would generate some odors that would be noticeable
during certain times to surrounding properties, including residents near the intersection of
29th Street N.W. and "B" Street N.W., and the surrounding industrial/office uses,
particularly the one north of the site. Odors would be generated when horses are on the
site, from approximately March I through October 31. These odors would be produced by
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra 1Jmlte~ Partnership
horse manure that would be deposited in the barn stalls, around the barns, and in the hot
walkers. Manure would be picked up daily and placed in manure storage bins; these
activities would occur on the northern portion of the site. Manure bins would be emptied
daily. While manure is on-site, odors would be present. Odor is not expected from the
pond that collects runoff from between the barns, or from irrigation, because the manure
would be greatly diluted.
Winds are most frequently from the south, southeast, southwest, and north. Accordingly,
the nearest land uses that would be most frequently affected by any odors from the site are
the industrial building immediately north of the site, the auto auction facility that is located
on the north side of 37th Street N.W., motorists and pedestrians in the vicinity of 37th
Street N.W., and the three residences along 29th Street N.W. (Pages 3-7 through 3-10)
6. Water. including Surface Water. Ground Water and Mill Creek
The proposed site is located within the Mill Creek Basin, which is located within the Lower
Green River Basin. Mill Creek generally flows from south to north near the project site
between river mile (RM) 2.7 and RM 3.7 and comes as close as 500 feet to the western site
boundary of the proposed project. Mill Creek flows into the Green River about 3 miles
north of the site.
The site of the proposed project is bounded by the Burlington Northern Railroad grade on
the east, a drainage ditch that runs parallel to the Union Pacific Railroad grade on the
west, a 5-to-6-foot high berm over a Metro sanitary sewer main on the south, and 37th
Street N.W. on the north. Storm water runoff from adjacent property is collected and
routed to the west along 29th Street N.W. and 37th Street N.W. through existing open
ditches and tightline stormdrains. Except for surface runoff from the 37-acre parcel
immediately to the south, and from 15th Street N.W. and "H" Street N.W. right-of-way
slopes, the site does not receive surface runoff from off-site properties. The m~rthwest
corner of the property does flood, however, during storms when the capacity o:F the
storraline at 37th Street N.W. is exceeded and water backs up onto the site.
Existing surface water drainage features on the site include a drainage swale located in the
northeastern portion of the property. This swale flows intermittently, carrying water during
wetter times of the year. The swale carries runoff from the northeastern portinn of the site
northward to where it drains into an existing 12-inch stormwater drainage tighl:line that
connects to a 48-inch stormwater drainage tightline located along 37th Street N.W. This
48-inch tightline drains into Mill Creek, located about 1,000 feet west of the western site
boundary at this point.
A small portion of the site (approximately 1.5 acres) located along the west property line is
designated in the AE Zone (Special Flood Hazard Area) as identified on the Flood
6
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
Insurance Rate Map (FIRM). This designation indicates the area becomes iinundated
during 100-year storms. The remainder of the site lies outside the 100-year floodplain,
according to the FIRM.
No water quality investigation has been conducted for surface water runoff from the site.
Water quality is, however, monitored at several stations on Mill Creek, which is the closest
receiving water body.
Water quality standards have been established by the Department of Ecology for surface
waters of the state. The standards were established to conform with the present and
potential uses of surface waters, and in consideration of both the potential for improving
water quality in certain waters as well as the limitations of certain waters for improvement.
Surface waters of the state are classified as follows: Class AA (extraordinary), Class A
(excellent), Class B (good), or Class C (fair). For each class, certain water quality criteria
must be met or exceeded to protect water quality for specific uses.
Ecology has classified Mill Creek as having the potential to be a Class A water.
Characteristic uses of the water to be protected by this classification include 'water supply
(domestic, industrial, agricultural); fish and wildlife habitat; and recreational uses,
including fishing and aesthetic enjoyment.
However, based on the results of Metro's long-term monitoring at the mouth of Mill Creek,
the water quality of Mill Creek has been classified as poor. Metro's long-term data indicate
chronically low concentrations of dissolved oxygen (DO) and chronically high
concentrations of nutrients (including total phosphorous and ammonia), along with high
temperatures, bacterial counts, and turbidity.
Data from the more extensive City of Auburn and King County studies indicate Mill Creek
water quality has multiple problems.
A severe depression in DO levels in the section of Mill Creek from about RM 5.6 to
RM 3.3 near the stream crossing at 29th Street N.W.,
High summer water temperatures in the Algona tributary (about 2 miles upstream
of the proposed project site) and in Mill Creek from the outlet of Peasley Canyon
(at the upper reach of the stream) to the mouth, with violations of state water
quality standards in the vicinity of West Main Street and from S. 277th Street to the
mouth, and
· Erosion of stream banks in Peasley Canyon.
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Public Hearing - Application No. CUP0001-93 - La Terra I.imiled Partnership
Other problems cited include high turbidity; elevated concentrations of fecal coliform
bacteria and metals, particularly during storm events; elevated nitrate and phosphorous
concentrations, which promote growth of algae and other aquatic plants; and ammonia
levels, which do not exceed standards but are frequently high.
Groundwater conditions on the site were studied by GeoEngineers, Inc. (1992, 1993).
Previous explorations and recently completed test pits and borings encountered shallow
groundwater at depths of about 5 to 10 feet. Measurement of water levels in early fall
1992 indicates that depths to groundwater range from 4 to 8.7 feet below the surface;
measurements taken in late fall indicate depths ranging from 1.2 to 5.3 feet below the
surface; and measurements taken in spring 1993 indicate depths ranging from 0 to 3.3 feet.
From these data, it appears the shallowest groundwater occurs near the northeast portion
of the site. It is expected that during drier months, the static water table would be found at
a depth of 8 to 10 feet below the surface.
Shallow (less than 10 feet deep) groundwater flow within the vicinity of the proposed
racetrack likely follows the topography and is generally toward Mill Creek. ~fhe influence
of groundwater discharge on summer stream flow in Mill Creek was examined as part of a
flow study conducted within a 2.6-mile reach extending from the mouth of Peasley Canyon
to a point adjacent to the project site. Results from the study indicated that 25 to 50% of
the increase in stream flow within this reach resulted from groundwater dischaxge to the
stream. Groundwater discharge could be entering Mill Creek anywhere along this 2.6-rnile
reach.
The project site constitutes approximately 11% of the agricultural and open space land
located along the 2.6-mile reach discussed above. The shallow groundwater recharge
characteristics of the project site and other open space and agricultural areas are expected
to be similar, given their similarity in soil characteristics, topography, and surface cover. If
it is assumed that the contribution of groundwater to Mill Creek is consistent :along the 2.6-
mile reach, then the project site contributes 11% of the groundwater along the 2.6-mile
reach.
Groundwater data collected on the site, while limited, indicate that rather than flowing
directly to Mill Creek, groundwater flow is generally from south to north.
During the construction phase, changes in surface water runoff would result from clearing,
excavating, filling, and grading activities. Removal of vegetation during construction could
increase the volume of stormwater generated on the site.
A Grading, Drainage, Erosion, Sedimentation Control Plan (GDESCP) would be
implemented during the grading and construction phases of the project. The GDESCP
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
^genda Subjea: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
would meet or exceed all requirements for issuance of a City of Auburn grading permit.
GDESCPs incorporate Best Management Practices (BMPs) to minimize potential for
erosion and to control sediment when erosion does occur. BMPs that would be used in the
GDESCP include the following:
minimizing the extent of the area exposed at any one time and the duration of
exposure;
stabilizing and protecting disturbed areas as soon as possible in accordance with the
schedule presented in the City of Auburn GDESCP requirements;
keeping runoff velocities low by maintaining short slopes and low gradients while
grading the site;
p otectxng d~sturbed areas from runoff;
retaining sediment within the site area, either by filtering runoff or by detaining
runoff, so that sediment will settle out;
implementing a thorough maintenance program to ensure all control practices are
working properly;
· controlling water from dewatering operations.
The GDESCP temporarily would make use of the large pond that is proposed as part of the
permanent racetrack facility. This pond, which would become part of Detention System
No. 1, would be excavated first and would be used as a sedimentation pond for water runoff
and sediment control. Surface-water runoff would be directed into the sedimentation
pond, which would be sized to meet or exceed City of Auburn standards. The large size of
the pond would allow for extended detention time for eroded sediments to settle out of
runoff. GDESCP facilities intended for permanent use will require modifications,
including maintenance and cleaning, prior to conversion.
Operation of the proposed racetrack would alter the surface water runoff and infiltration
characteristics of the site. The site currently is covered with pervious soil, as well as fill
material on the southern portion. Development of the proposed racetrack would result in
portions of the site being covered with impervious surfaces. Impervious surfaces would
include structures, such as the barns, grandstand, dormitories, cafeteria, and administration
facilities; and parking and roadway areas. Portions of the site, such as areas between the
barns, would not be paved but would be covered with compacted clay, which would be
essentially impervious. Some portions of the stormwater management system would be
9
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda S~bjec~: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
lined and would therefore also be impervious. Converting land surface from pervious to
impervious would alter the quantity of stormwater runoff.
The proposed on-site stormwater management system would have two primary functions:
(1) to control the volume and rate of stormwater runoff leaving the site, and (2) to provide
water quality treatment for all runoff leaving the site. The following paragraphs describe
the primary elements of the system.
The stormwater management system would be designed ultimately for the 100-year storm
event with a multi-orifice control structure to release 50% of the 2-year flow through the
lower orifice, the 10-year flow through the middle orifice, and the 25-year flow through the
upper orifice. For the 2-year storm event, runoff would be released from the system at
50% of the pre-development runoff rate and would not exceed pre-development release
rates for all other storm events.
Because of known problems along Mill Creek, highly restrictive release rates would be
required by the City of Auburn in addition to upstream and downstream drainage
improvements between the proposed project and Mill Creek, as identified in the City of
Auburn Comprehensive Drainage Plan. The existing storm system along 37th Street N.W.
has been experiencing significant capacity problems for some time. The proposed
stormwater management system would minimize release of storm flows to this system.
The proposed on-site stormwater management system would consist of catch basins
equipped with oil/water separators, tightlines, and french drains, which would collect water
from all surfaces, including paved and compacted clay roadways, walkways, and parking
areas; building roofs; and from below the track surface. Collected water would be
conveyed to the stormwater detention and water quality treatment portion of the system.
At this time, three separate detention systems are proposed, which would discharge from
the site at two different locations.
Detention System No. 1 would be located inside the 1-mile racetrack on the south side of
29th Street N.W. and would serve the approximately 89.7 acres south of 29th street N.W.
Runoff from the grandstand area, the 1-mile racetrack, and from parking areas south of
29th Street N.W. would be conveyed to Detention System No. 1.
After draining through the system, stormwater would discharge into proposed new portions
of the storm system along 29th Street N.W. From there, treated runoff would continue
west for approximately 800 feet via an existing drainage ditch and then discharge to Mill
Creek.
10
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Ag~nd~ Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
Detention System No. 2 would be located near the north end of the site, north of the
existing 100-foot City of Tacoma waterline right-of-way. Portions of Detention System No.
2 ,vould be located within the existing Puget Power easement and BPA transmission line
easement. Detention System No. 2 would serve a 67.4-acre subbasin that would consist of
the area between 29th Street N.W, and 37th Street N.W., excluding approximately 10.5
acres around the horse barns. After flowing through the system, stormwater would pass
through a new outlet control structure and enter the existing storm system along 37th Street
N.W. The new biofiltration swale and outlet control structure would be located in the
northwest corner of the site and would be sized to protect the 37th Street N.W. system from
increased flows. From this point treated stormwater would drain west approximately 1,000
feet to Mill Creek.
Detention System No. 3, which would include an underground storage tank and a lined
pond, would provide storage and detention for runoff from the 10.5 acres between the
horse barns, including the area of the hot walkers and horse paths. This system would
function as a retention system, storing all runoff with no release to downstream systems and
Mill Creek from February through October. From November through January, this system
would function as a detention system with an outlet control structure.
When horses are on the site, all surface water runoff generated between the horse barns
and hot walker area would be collected by floor drains and/or catch basins and conveyed to
an underground tank with a volume of approximately 25,000 to 30,000 gallons. The tank
would be located near the northeast corner of the horse barn site. From the tank, runoff
would be pumped to a pond located just north of the barns and south of the detention/wet
pond for Detention System No. 2.
Runoff would be stored in the pond until the arrival of dry weather in June or July. At this
time, water would be pumped from the underground storage tank to irrigate grass within
the infield of the track. Nutrients from small amounts of horse manure that could be
carried in stormwater runoff would thus be used to fertilize the grassed infield. According
to calculations performed by the Soil Conservation Service, with proper irrigation
application all of the nutrients in the water would be absorbed by the vegetation.
Although Detention System No. 3 would be sized based on conservative safety factors, it is
possible during an extremely wet summer, when irrigation needs for the infield would be
limited, there could be inadequate storage volume. In such a case, the most feasible and
practical method of reducing pond volume would be to release a portion of the stormwater
into the existing 72-inch Metro sewer system that runs through the project.
11
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
7. Plants
Conditions on the racetrack site have been affected by past conversion of natural
vegetation to farm and pastureland. The northern 76 acres are largely fallow pastures
containing a mix of native and non-native grasses, rushes, and other herbaceous plants.
Most of the southern portion, former pastures and cornfields nas been graded and filled
within the last two years and is essentially bare of vegetation. '
Wetlands have been identified in three areas of the site: in the pastures north of 29th
Street N.W.; in a band in the southeastern corner, east of the fill that covers most of the
southern portion; and in portions of the existing City of Auburn right-of-way for "H" Street
N.W., which lies south of the sewer line along the western boundary.
Emergent grasses, rushes, and other herbaceous plants comprise most of the wetland
vegetation cover in all three areas.
A 0.3-a~re area of scrub-shrub wetland lies at the northern tip of the wetland band in the
southeastern corner.
Upland vegetation on the site of the proposed project consists primarily of forbs and
pasture grasses. A row of four mature Lombardy poplars extends westward from the
southeastern corner of the northern parcel for approximately 600 feet. A north-south row
of four mature horse-chestnut trees lies just south of 29th Street N.W. Clumps and hedges
of Himalayan and evergreen blackberry grow along fences, roads, and railroad rights-of-
way. Scattered trees and clumps of shrubs are found south and east of the site along the
toe of fill for 15th Street N.W. and the Burlington Northern right-of-way. These include
hawthorns, snowberry, and wild rose.
Field surveys and a review of existing information showed that no plant species listed as
endangered, threatened, or sensitive by state (Washington Natural Heritage Program,
1990) or federal agencies (U.S. Department of the Interior, Fish and Wildlife Service,
1991) are known or likely to occur on the site. The Washington Natural Heritage Program
reports no records for rare plants, high-quality native plant communities, or high-quality
native wetlands in the vicinity.
Construction of the proposed action would eliminate approximately 81 acres of pastures
and fields, including approximately 17.4 acres of wetlands, and would replace these habitats
with buildings, parking lots, and a horse racing track.
12
cITY OF AUBURN
AG~ND~ BIL~ &PPROVAL F~RM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
Project construction would require removal of vegetation, including the four Lombardy
poplars described above, on the northern portion of the site. The four horse-chestnut trees
south of 29th Street would be preserved if possible. (Pages 3-41 through 3-45)
The most common birds using the site are songbirds and raptors. Because of the presence
of wetlands and occasional standing water during winter, it is likely that waterfowl use the
site as well.
In summer, waterfowl generally feed elsewhere. Raptors (red-tailed hawks, northern
harriers, and American kestrels) hunt over the pastures on the site. During field visits to
the site, red-tailed hawks were observed perching in trees south of the property. No raptor
nests are known to exist on the site. Songbirds use the pastures as well as trees and
blackberry patches during summer. The shrub-scrub habitat area provides habitat for
songbirds. Winter wren, black-capped chickadee, song sparrow, and house wren were
observed in shrubs and tall grasses of the area. Other birds observed include common
crow, starling, killdeer, rock dove, red-tailed ha~vk, northern harrier, short-eared owl, ting-
necked pheasant, and great blue heron. A great blue heron rookery is located
approximately 1.5 miles southwest of the site at the mouth of Peasley Canyon. Herons
from that rookery may use the site for feeding, but no suitable nesting sites are located on
the property.
Mammals present on the site include those adapted to an agricultural and urbanized
setting. Roads, industrial development, and disturbance from the airport, railroad, and
other human activities limit the value of the habitat. Eastern cottontails were observed on
the site. Other mammals potentially found on the site include coyotes, striped skunks,
raccoons, short- and long-tailed weasels, moles, voles, mice, and shrews.
Wetlands and grasslands may provide habitat for reptiles and amphibians, although no
records of amphibians on the site were found.
No records exist of threatened, endangered, or sensitive species occurring on the site.
Historical management activities on the site and development of the surrounding area
make it unlikely that species requiring pristine or unaltered habitats would be found.
Construction of the racetrack would encompass the entire site and eliminate the habitat
currently present. Noise from machinery and additional traffic to the site would result in
the movement of animals from the site. Birds may be less affected because they can avoid
machinery and traffic more easily. Those animals (e.g., moles, mice, shrews) that do not
perish during construction would disperse to habitat elsewhere. Because the valley is losing
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
available wildlife habitat, most niches would be occupied, and it is assumed that newer
inhabitants would not compete successfully with the established populations.
The additional noise and activity may disturb wildlife populations on adjacent land,
including approximately 36 acres of wetlands directly south of the site. This impact is
expected to be relatively minor since the adjacent streets and railroads are already heavily
traveled, and wildlife populations in the valley are already accustomed to a relatively high
level of noise and human activity.
After construction of the racetrack, remaining habitat would be limited. Approximately 85
acres of grassland would be converted to buildings and parking lots. Remaining trees, the
revegetated infield, and stormwater detention areas would provide habitat for birds and
terrestrial wildlife. Birds such as swallows and sparrows may inhabit some buildings.
Development may result in lower wildlife values on adjacent land because of a reduction in
habitat diversity and increased human disturbance.
Loafing and feeding sites for waterfowl and other migratory birds would be reduced. The
infield area of the track may provide some feeding and resting areas for waterfowl,
particularly Canada geese and wigeons, as did the Longacres Racetrack ia Renton. Areas
adjacent to the site and along Mill Creek would continue to provide habitat to waterfowl,
but additional human disturbance might reduce its value. Noise, light, other visual
disturbance, and exhaust fumes from vehicles entering and exiting the racetrack parking lot
on race days could affect wildlife.
(Pages 3-45 through 3-49)
Existing resources such as aerial photographs, soil surveys, stream surveys, inventories of
wetlands and sensitive areas, and topographical maps were consulted to assist in identifying
wetlands and environmentally sensitive areas. In addition, existing wetland delineation
reports by Shapiro and Associates, Inc., David Evans and Associates, Inc., Raedeke
Associates, Inc., and IES Associates, Inc., were reviewed.
The USFWS National Wetland Inventory (NWI) map of the Auburn, Washington,
quadrangle identifies six wetlands on the proposed site: five paiustriae emergent wetlands
and one palustrine scrub-shrub wetland. Four emergent wetlands are identified ia the
wetlands inventory map prepared in connection with the U.S. Army Corps of Engineers
(Corps) Special Area Management Plan for the Mill Creek Drainage Basin (Shapiro and
Associates, Inc., 1991).
14
CITY OF AUBURN
AGENDA BII~ APPROVAE FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
Twenty wetlands on the proposed racetrack site, encompassing approximately 20.7 acres,
have been identified and delineated in accordance with the 1987 U.S. Army Corps of
Engineers Wetlands Delineation Manual.
Delineation of the southernmost portions of the racetrack site was performed by Shapiro
and Associates, Inc. in September 1992. The area delineated by Shapiro consists of
approximately 6 acres in the southeastern corner of the site and 2 acres along a City of
Auburn right-of-way on the western site boundary, south of an east-west sewer line. The~-
acre portion is a strip that lies along the eastern boundary, mostly north of the sewer line,
which forms the site's southern boundary except at its eastern and western extremes.
Shapiro identified approximately 5.5 acres of palustrine emergent wetlands in the band
along the eastern boundary, with a 0.3-acre scrub-shrub wetland at its northern end.
Shapiro also identified 1.5 acres of palustrine emergent wetlands adjacent to an existing
City of Auburn right-of-way for "H" Street N.W. along the western boundary, between 15th
Street N.W. and the sewer line. Approximately 13.3 acres of palustrine emergent wetlands
on the northern portion were delineated by David Evans and Associates, Inc. in November
1992. Visits to both the southern and northern portions of the site by the Cor~s of
Engineers on January 26, February 1, and February 9, 1993, resulted in adjustments to
flagged wetland boundaries based on conditions observed on these dates.
Two small palustrine emergent wetlands in an 84-acre portion of the site that lies between
the sewer line and 29th Street N.W. were identified during an August 1989 site visit by the
Corps and IES Associates, Inc. An isolated wetland, apparently less than 1 acre in size, was
identified in a ditch north of the sewer line. A wetland also was found in the northwestern
corner of this portion. These wetlands have since been graded and filled under the Corps'
Nationwide Permit 26 and/or permits issued by the City of Auburn. The Corps has
determined that no jurisdictional wetlands are now located on this portion.
Wetland vegetation throughout the site consists primarily of herbaceous plant species.
Wetlands in open fields in both the northern and southern portions of the site are
dominated by colonial bentgrass and velvet-grass often mixed with tall fescue, quackgrass,
orchard-grass, and meadow foxtail. Several depressions and swales north and south of the
graded and filled portion of the site are dominated by common silverweed, cudweed,
heartweed, toad rush, and/or spike-rush. Reed canarygrass commonly dominates the
disturbed margins on the eastern and western boundaries of the site. Soft rush, which
occurs occasionally throughout wetland fields and pastures, is co-dominant with creeping
buttercup on the eastern margin, east and south of the fill. Patches of cattails surrounded
by reed canarygrass are found in inundated depressions south of the fill along the western
border.
CITY OF AUBURN
AGENDA BILL APPROVAL FOR~
subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
Wetlands perform a variety of functions that are valuable to the protection of hydrologic,
plant, animal, and human resources. Hydrologic resource functions and values can include
groundwater recharge, flood control and water storage, and water quality maintenance.
Wetlands on the site may reduce downstream flooding and erosion by temporarily storing
and slowly releasing stormwater. The predominantly herbaceous vegetation in the on-site
wetlands probably contributes little to the attenuation of peak water runoff. Detention of
stormwater in these etlands ~mproves water quality by settling suspended sediments and
W '
removing pollutants from adjacent nonpoint sources through physical, chemical, and
biological mechanisms.
Natural biological functions of wetlands include the provision of habitat for diverse plant
and animal species and primary food chain production. Lack of shelter and structural
diversity in wetlands on the proposed development site restricts resident wildlife primarily
to small mammals such as mice, voles, moles, and rabbits. These species provide food
resources for visiting raptors, such as northern harriers and redtall hawks. Seasonally
inundated areas are used by ducks, geese, and herons; songbirds use trees and shrubs on
the periphery of the site. Prior conversion of the land for agricultural purposes has
eliminated most native plant species, leaving wetlands covered by pasture grasses and
weedy invasives such as reed canarygrass.
Construction of the Proposed Action would require filling approximately 17.4 acres of
wetlands. In addition, approximately 3.5 acres of existing wetlands would be combined
with 1.7 acres of uplands in the northwestern corner of the site for use as a regional
detention facility for the City of Auburn.
The impact on wetland functions and values caused by filling wetlands are: hydrologic
periodicity, stormwater and flood storage, flood retardation, and water quality
improvement. These functions generally were rated low to moderate. The major
biological functions affected would be wildlife habitat, generally rated low, and food chain
production, rated low to moderate.
Loss of storage capacity would be compensated by the construction of stormwater
detention ponds inside the racetrack and turf/training track. Existing herbaceous
vegetation would be partially replaced by buildings, paved surfaces, and tracks. Trees and
shrubs south and east of the site would remain undisturbed. Other functions of off-site
wetlands would be largely unaffected by racetrack construction and operation.
Approximately 56.5 acres of off-site property (Thormod site), which straddles the Valley
Freeway (SR 167) north of Main Street in Auburn, Washington' would be used for off-site
wetland mitigation. This mitigation would replace what will be lost by filling the 17.4 acres
of wetland at the racetrack site.
16
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hcaring- Application No. CUP0001-93 - La Terra Limited Partncrship
The Thormod site includes a quarter-mile reach of Mill Creek and approximately 45.8
acres of adjacent wetlands, as well as 10.8 acres of upland pastures. Currently, a portion of
the site is used by livestock. Restoration of the creek would involve recontouring the banks
and establishing an approximately 200-foot-wide riparian corridor. Backwater areas also
would be constructed to achieve maximum fish and wildlife habitat values.
The riparian zone, which is now largely dominated by reed canarygrass, would be planted
with willow, black cottonwood, Sitka spruce, and other wetland trees, shrubs, and
herbaceous plants.
Nearly all existing wetlands on the Thormod site would be enhanced, and all existing
upland areas would be converted to wetland by creation or restoration. The proposed open
water, aquatic bed emergent, scrub-shrub, and forested marsh habitats would be developed
in areas that now are covered largely by heavily grazed pastures east of SR 167 and by reed
canarygrass, blackberry, and other weedy invasive plants west of SR 167. Removal of cattle
from the eastern portion of the site also would help mitigate impacts on wetlands and water
quality.
A 50-foot-wide forested and scrub-shrub wetland buffer would be established around the
created, restored, and enhanced wetlands. Proposed plantings consist of a mix of native
tree, shrub, emergent, and aquatic species that have high food and nesting value for wildlife
(for more detail see Appendix B-3, of the FEIS). The mitigation ratios of the State
Department of Ecology would be met. (Pages 2-18, 3-50 through 3-57)
10. Fish
The fish resources of primary concern that could be affected by the project are those in
Mill Creek. Mill Creek is 8.35 miles long and is the main westside tributary to the lower
Green River. It is the largest drainage (covering 6,000 acres) in the Mill Creek Subbasin
of the Green River Basin. Observed flows in recent years have ranged from 1.5 cubic feet
per second (cfs) to more than 100 cfs. Lowest flows typically occur during summer. Mill
Creek originates as the outlet of Doloff Lake near I-5 several miles west of the project site.
It flows southeast down Peasley Canyon, turns near the City of Auburn to flow north, and
enters the Green River at RM 23.9. Salmonids use Mill Creek for spawning and rearing,
even though there is a history of poor water quality in this stream.
Several fish species have been documented in Mill Creek. Because of their value to sport,
commercial, and tribal fisheries in the Green River and marine waters, the most important
of these are the salmonid species, including coho salmon and cutthroat trout.
17
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenaa SuVlect: Public Hearing - Application No. CUP0001-93. La Terra Limited Partnership
Sport fishing for cutthroat trout is allowed on Mill Creek from June 1 through October 31.
Fishing is conducted primarily by local youth and is very low (Cropp, 1992). No harvest
statistics for cutthroat trout or non-salmonid species are available.
Studies indicate that coho migrate upstream in the Green River System as adults beginning
in August, and spawn in the upper reaches (RM 6 to RM 6.7) of Mill Creek from mid-
October through January. Although data on total spawning escapement are not available,
spawning ground counts made by Washington Department of Fisheries suggest that
spawning during some years has been relatively substantial (more than 290 fish in 1984).
From 1989 through 1991, very few spawners were observed, however.
Development of the spawn within the gravel continues as late as mid-April when fry
emerge. Young coho rear in the creek all year. Suitable rearing habitat includes gravel
areas near stream banks with overhanging or vegetative cover. Young coho migrate
downstream, generally during their second year (at about 100 millimeters in length), in
spring and early summer. The contribution to the fisheries from natural coho spawning in
Mill Creek is not major compared to the total natural production in the Green River
tributaries, and is small compared to hatchery contributions. Annual introductions,
averaging 83,000 fry, have occurred in April or May since 1989. Hatchery fish are released
near Peasley Canyon and in other locations.
Fish distribution has been investigated and the results showed that juvenile chinook, coho,
cutthroat, and steelhead use the creek upstream, adjacent, and downstream of the
proposed project site for overwinter rearing. Salmonlds also will use this reach as refuge
during high flow events in the Green River. During the summer, no chinook were
observed, and the other three salmonld species were common only in the upper .reaches.
Only a few coho were observed between the proposed site and the confluence wath the
Green River. The lower reaches of Mill Creek appear to provide summer rearing habitat
limited to stickleback and other more pollution-resistant species, while salmonids may use
these reaches only for migration.
During construction, fish resources in Mill Creek could be adversely affected by increased
turbidity and suspended solids related to erosion and sedimentation caused by exposed
surfaces, especially during intense rainfall. This impact would be minimized through
implementation of an effective Grading, Drainage, Erosion, Sedimentation Control Plan.
If not properly controlled, erosion and sedimentation could reduce light penetration into
the water, reducing the depth of the photic zone. Light reduction reduces primary
production, decreases fish food, and affects fish behavior, including feeding. Settleable
materials that blanket the stream bottom could damage important invertebrate populations
.and adversely affect rearing areas. All of these factors can decrease growth rates and
~ncrease mortality rates in juvenile fish. Appropriate implementation of the GDESCP by
18
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subje~: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
the project contractor and monitoring by the City of Auburn inspector should reduce
potential water quality impacts associated with construction.
After project construction, several indirect impacts on fish resources in Mill Creek could
occur if stormwater runoff is not properly treated and controlled. Petroletm~ residues and
heavy metals, such as cadmium, lead, zinc, and iron, would be washed off parking lots and
roads. Petroleum can be directly toxic to fish and associated invertebrates. If released to
Mill Creek, metals could accumulate in bottom sediments and adversely affect
invertebrates within the creek ecosystem. A stormwater treatment system designed
according to standards established by the City of Auburn, King County, and the state
Departments of Ecology and Fisheries has been incorporated into the Proposed Action to
control introduction of contaminants into Mill Creek.
Runoff that contains horse manure and fertilizers from maintenance of the grounds could
contribute to increases in nutrients (nitrogen and phosphorus) and organic loading to the
creek. These conditions would exacerbate existing problems with low levels ,of oxygen,
elevated fecal coliform count, and un-ionized ammonia. The animal waste management
plan, including a storage tank and irrigation plan for treatment of runoff com:aminated by
horse manure, has been designed into the Proposed Action to control introduction of
contaminants into Mill Creek.
To prevent adverse impacts on aquatic life, all surface water runoff would be collected and
treated prior to entering Mill Creek. The purpose of mitigation is to reduce and remove
the organic load, fecal coliforms, heavy metals, and other pollutants so that stormwater
releases meet standards as defined in Section 173-201 (Washington Administrative Code).
The discharge of stormwater runoff would be detained and released consistent with
standards of the City of Auburn and Washington Department of Fisheries. Under this
strategy, water elevation and velocity would be at pre-project levels, although duration of
such flows may increase. (Pages 3-59 through 3-64)
11. Noise
Construction activities on the site would generate noise. Construction activities would
include earthwork, setting piles for the grandstand, erecting the structures, paving and
landscaping. Pile driving would be the loudest activity. Noise would be most audible to
residents of the three houses adjacent to the proposed site. Overall, increases experienced
by residents during construction likely would be substantial and at least as noticeable as
noise levels currently experienced in the area (e.g., trains). Construction would take place
during daylight hours, seven days a week, and would last approximately 12 to lt4 months.
The proposed racetrack would add noise to the area during the approximately 125 days of
the year that thoroughbred racing occurs. Noise associated with operation of the track
19
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Pllblic Hearing - Application No, CUP0001-93 - La Terra Limited Partnerahip
would include traffic, spectators, and announcers. Racing is planned for Wednesday and
Thursday from 3:30 p.m. to 7:30 p.m.; Friday from 6:30 p.m. to 10:30 p.m.; and Saturday
and Sunday from 1 p.m. to 5 p.m. Vehicles entering and exiting the racetrack would
generate noise that would be audible to residents and businesses adjacent to the site.
Sound from the public address system also could be audible to the three residences located
on 29th Street N.W. The amount of noise audible to residents in the area would depend on
the type of public address system used and whether residents were indoors or outdoors.
Crowd noises, such as cheering, are not expected to be significant, ff they were outdoors,
residents also would hear noise from horses running around the track, particularly the
north turn. Mitigation measures will be required to lessen noise impacts on the
neighboring properties. (Pages 3-67 through 3-69)
Currently, the site consists of mostly undeveloped land. South of 29th Stree~t N.W., the site
is undeveloped except for an existing pole barn. Abandoned and partially demolished
barns and other accessory structures are located south of 29th Street. N.W. near the eastern
boundary of the site. Approximately 84 acres of the site located immediately south of 29th
Street N.W. have been filled recently under a grading permit issued by the City of Auburn.
The remainder of the site is fallow agricultural land.
Two houses are located on the site, and three residences are located on 29th Street N.W.
near the site. North of 29th Street N.W., several structures exist on the site. Immediately
north of 29th Street N.W., approximately midway through the site, is a single-family house
that is currently occupied. Along the eastern boundary of the site, just south of the
Bonneville Power Admin/stration (BPA) transmission line easement are old agricultural
structures and one single-family house. One of these residences is occupied. The
remainder of the site is fallow agricultural land.
Approximately 900 feet south of and parallel to 37th Street N.W. is an approximately 260-
foot-wide BPA transmission line corridor. A 120-foot-wide easement to Puget Sound
Power and Light exists adjacent north of and parallel to the BPA easement. This easement
is currently unoccupied. A 100-foot-wide City of Tacoma waterline right-of-way bisects the
site within the southern portion of the BPA transmission line easement. This right-of-way
will eventually contain the City of Tacoma's Pipeline No. 5.
Land uses surrounding the property include a mix of industrial, agricultural, and single-
family residential. On the east side of "B" Street N.W. south of 30th Street N.W. is the
vacant Auburn Downs site. Land uses to the west of the site include the Inte~arban Trail
and beyond that some agricultural uses, industrial uses, undeveloped parcels, ;md an
CITY ~F AUBUaN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001.93. La Terra Limited Partnership
electrical substation. To the north, south, and east of the site are industrial uses. Along
15th Street N.W. east of the site are commercial uses. All of the homes predate the
existing industrial zoning on the property and therefore are considered to be legal
nonconforming uses.
The Proposed Action would have direct and indirect impacts on surrounding land uses.
Direct impacts would consist of noise and traffic effects on adjacent property, possibly
making adjacent property less desirable for continuation of its current use..Indirect
impacts could include creation of opportunities for businesses related to horse racing and
breeding industries, or commercial uses to serve people that would be attracted to the area
by the racetrack. Such uses could include restaurants, hotels, or other conm~ercial uses.
The proposal could change the nature of uses, but not the magnitude of dew~lopment given
existing zoning and comprehensive plans.
The proposed racetrack would affect the single-family land uses along the eastern
boundary of the site and the industrial use north of the site along 37th Street N.W. The
three residences and industrial uses adjacent to the site would experience noise, light, and
odo. r associated with approximately 125 days of operation during the April 1 to October 1
racing season. During the off-season, these residences and industrial uses would
experience lesser impacts bemuse only approximately one-quarter as many people would
be present on the site. Most activities on the site during the off-season wonld be contained
in the grandstand structure.
The Proposed Action would reduce the inventory of undeveloped industrially zoned land in
the City of Auburn, because the land on which it would be situated would no longer be
available for development. In 1992, approximately 1,400 acres of M-1 and M-2 zoned land
were available in the City of Auburn: 1,080 acres of M-1 and 320 acres of M.-2. Under the
Proposed Action, approximately 159 acres of M-2 zoned land and 6 acres of M-1 zoned
land would be used for this commercial recreational use. The Proposed Action would
reduce the available supply of M-2 zoned land by 50%.
Assuming a yearly demand of 374,000 square feet of industrially zoned land building area
in the City of Auburn, that the demand for M-2 property is equal to the demand for M-1
property, and a building-to-lot area ratio of 0.6, implementation of the Proposed Action
would leave 161 acres of M-2 zoned land; enough to meet the demand for approximately
22.5 years. This estimate is conservative since it assumes that the demand for' M-2 land is
equal to M-1 land, which is contrary to historical trends indicating that consumption of M-2
heavy industrial zoned land is typically less than that of M-1 Light Industrial zoned land.
(Pages 3-81 through 3-83)
21
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
The proposed project would introduce additional sources of fight and glare to the area.
Racing also would occur at night, which would require track, grandstand, and parking lot
lighting. The most significant need for racetrack illumination will be television
broadcasting and recording. These lights would illuminate the track area o~xly. Because
the lights would be directed downward to apply light directly on the track, spillover would
be minimal. Lights located on the grandstand would light viewing areas in t¥ont of the
grandstand, as well as aid in lighting the finish line, which requires the most light for the
photo-finish equipment. Lights on the grandstand would be approximately 45 to 70 feet
above ground. Track lights would operate at full intensities only for the duration of the
races. Light levels would be manually adjusted after each race.
These lights would be visible to adjacent land uses to the east and west. Properties to the
west would be shielded somewhat by the grandstand. Light emitted from the property
could be visible to vehicles using "B" Street N.W. Lights from the site also would be visible
to occupants of vehicles and pedestrians using 15th Street N.W.; however, I~ecause of the
height of the roadway above the site, no adverse impacts are expected. Li~ts also would
be visible to aircraft using Auburn Municipal Airport at night. Residents of the three
homes at the northwest and southwest corners of "B" Street N.W. and 29th Street N.W.
would see the lights beginning at sunset, and at full intensity for approximately 2 minutes
every 15 to 30 minutes until the park closes, during the approximately 125-day racing
season from April 1 to October 1. The yards of the residences, particularly the two south of
29th Street N.W., would likely be partially illuminated by the track lights. These lights
could be distracting to residents.
Some wildlife using adjacent off-site wetlands south of the project site may be disturbed by
lights used during racetrack operations.
Parking lot and other yard lights are also proposed. Light levels would be much lower than
those required for track lighting, however. No significant impacts from parking lot and
yard lighting are expected. During the off-season, these are the only lights that would be
visible on the site.
Glare could be created by reflective surfaces on and around the property, including glass
on buildings and vehicles. The most likely glare would be the morning sun fi'om the glass
front of the partially enclosed grandstand. Glare impacts are expected primarily during
sunny days.
22
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Heating - Application No. CUP0001-93 - La Terra Limited Partnershlp
Glare could be visible to vehicles on "B" Street N.W., to some aircraft taking off from
Runway 16 or on approach to Runway 34, vehicles on SR 167, and at the residences
adjacent to the site. Impacts on operations of the airport are expected to be minor. (Pages
3-84 through 3-85)
14. Aesthetics
The proposed project would significantly alter the visual character of the site. Most of the
existing vegetation and ail structures on the site would be removed. The most visually
dominant feature would be the grandstand. Other visible improvements on the site would
include one-story barns with pitched roofs, the future turf/training track, and other
accessory structures.
Views of the site from the north would consist of the barns, a stormwater detention pond,
and a 5 acre open area that is being reserved for a future regional detention facility. The
grandstand would be visible in the distance and would be approximately 93 feet tall. The
grandstand structure would be finished with masonry veneer, metal siding, anti glass.
From the east, the view would be of the backstretch of the racetrack, vehicle parking,
barns, and the pond for stormwater runoff from between the barns.
Views for motorists and pedestrians using 15th Street N.W. would encompass the entire
development and the surrounding area because of the elevation of the road above the
project site. The most prevalent features of the site from this perspective would be the
grandstand, the oval dirt racetrack, and the infield areas. Infield areas of the ~nain track
would include landscaping and stormwater detention ponds. Future views of the site could
include a turf track inside the main dirt track.
From the Interurban Trail west of the site, the view of the proposed project would include
the entrance to the grandstand. Views from the trail would continue to be dominated by
the Union Pacific Railroad tracks.
Views of the finished project from the air would appear much as depicted in the site plan.
The parking lot, racetrack, infield areas, and barn roofs would be the most dominant
features.
Views from the site would remain much the same as existing conditions, except: that more
expansive views to the east and of Mt. Rainier to the southeast would be provided to
occupants of the grandstand. (Pages 3-86 and 3-87)
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Tcrra Limited Partncrshlp
15. ~
The Interurban Trail, a 10- to 12-foot-wide asphalt Wail, passes north-south just west of the
project site. Once ail links are complete, this Class I bicycle trail will extend north from
Third Avenue in the City of Pacific to Fort Dent Park in Tukwila. The Interurban Trail is
part of a regional trail system, and the Fort Dent link will serve as a main transfer point to
the Green River Trail. The Interurban Trail generally follows the Puget Sound Power and
Light Co. (Puget Power) right-of-way and railroad tracks.
The Interurban Trail is signed, and the asphalt is marked for bicyclists to stop at the trail's
crossing at 37th Street N.W., just west of the proposed racetrack site. A bicycle crossing
warning sign is posted for motorists on 37th Street N.W. These are typical of crossings
along the trail; that is, road users rather than trail users have primary rights at crossings.
Peak use of the trail occurs on weekend afternoons and weekday afternoons and evenings
during good weather.
Auburn conducted a trail user count for one day in September 1992 and reported 500 user
trips on the Interurban Trail between daybreak and dark. Users included walkers, joggers,
bicyclists, and skaters. This count, taken on a weekday during the school year, likely would
be lower than that of peak times described above.
The primary impact of the Proposed Action would be on users of Interurban 'Frail. The
crossings at 37th Street N.W. would experience increased conflicts between trail users and
road traffic because traffic over area roads would increase during racetrack operation, and
peak trail use and peak racetrack attendance times would overlap. Vacation of 29th Street
N.W. would eliminate an access to the trail on 29th Street N.W. from the east at the
Burlington Northern tracks. Lesser impacts could occur during off-season use: of the
racetrack.
Public recreational trail access is a condition of the mitigation agreement between City of
Tacoma and King County for Tacoma's Pipeline No. 5. If such a trail were provided along
Tacoma's pipeline property that crosses the racetrack site, it may not be compatible with
the racetrack, and would have logistical problems in terms of crossing two railroad tracks.
An alternative to using the pipeline property through the site for a trail may be to route a
recreational trail along 37th Street N.W., connecting the future Pipeline No. 5 trail east of
the site to the Interurban trail. (Pages 3-90 and 3-91)
24
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Public Hearing - Application No. CUP0001-93. La Terra Limited Partnership
16. Archaeological. Cultural. and Historical Resourq¢i,
No known archaeological or cultural resources are located on the racetrack or wetland
mitigation sites, although the sites have not been surveyed for the presence of cultural
resources. The proposed racetrack site has been heavily disturbed in the past by
agricultural production and by development in the southern portion. The 56.5-acre
wetland mitigation site (referred to as the Thormod property) consists of abandoned
farmland in early stages of succession west of SR 167 and active livestock grazing east of
SR 167. Because of these past agricultural and development activities, any previously
unidentified archaeological or cultural resources that may have been on these sites could
have been destroyed.
The Washington State Office of Archaeology and Historic Preservation (O.~d-IP), King
County, and the City of Auburn were consulted for information on known re. sources on the
proposed racetrack site. Two structures on the property are listed on the King County
Historic Resources Inventory (HRI). These include the Alexander Stewart Farmhouse,
located at 306 29th Street N.W., and the Schnider Farmhouse, located at 515 29th Street
N.W. Neither structure has been determined eligible for the State or National Register of
Historic Places (National Register) by OAHP. OAHP has nd~cated that two structures, a
i '
hay barn and residence located on "B" Street N.W. north of 29th Street N.E. are eligible for
the National Register. Such eligibility is based upon prior ownership of and farming on this
site prior to World War II by Japanese nationals and Japanese Americans, not upon any
unique architectural features of these properties. Consultation with OAI-IP is continuing to
reach a final determination regarding National Register eligibility.
The King County Historic Resources Inventory and the City of Auburn Histc~ric Property
Inventory were also consulted for information on known resources on the Thormod site.
Two structures on the Thormod property are listed in both the King County and City
inventories. These include the Walter Lunn House, located at 411 Clay Street N.W. and
another house, located at 509 Clay Street N.W. (which appears to have been later changed
from 425 Clay Street N.W. to 509 Clay Street N.W.). The Lunn House is believed to have
been originally constructed in the 1890s as an inverted American foursquare-,.style house to
which several additions were later added. The property also contains several agricultural
outbuildings associated with the Lunn House. Walter Lunn was a state senator and local
lumberman who was active in both state and local politics. The other house is a typical
bungalow-style house believed to have been constructed in 1920.
The proposed development would result in the demolition of existing structures on the
racetrack site that are not determined eligible for the State or National Regis~!er of Historic
Places, as well as two structures that OAHP has determined may be eligible for the
National Register based upon prior ownership by Japanese nationals and Japanese
CITY ~F AUBURN
· G~ND~ BILL APPROVAL F~RM
Agenda Subject: Public Hearing - Application No. CUP0001-93. La Terra Limited Partnership,
Americans. The proposed development would also result in demolition of the structures
on the Thormod property also determined not to be eligible for the National Register.
Actions regarding the dairy barn complex located on "B" Street N.W. and the structures on
the Thormod site will be determined in consultation with OAHP. (Pages 3-92 and 3-93)
17. Fire and Emergency_ Medical Services
The construction phase of the project would include a number of activities that could
require fire suppression or emergency aid services, such as aid calls for conslxuction
equipment and personnel incidents on-site, requests for fire suppression, or construction
vehicle accidents. The potential for these impacts would cease upon completion of
construction.
Major impacts on the Auburn Fire Department from operation would be an increase in
emergency medical aid calls and the need to provide timely ladder response.
The proposed grandstand, supported by pilings and constructed with a stm~ral steel
frame and concrete, would be about 93 feet high. The Auburn Fire Department has one
elevating platform capable of reaching 45 feet, but this equipment is not staffed. Currently,
off-duty personnel must be called to staff this unit, which results in a delayed response of
approximately 20 minutes. Staffing this piece of equipment would require four full-time
equivalent positions, which equates to 20 staff. The proposed project would create the
need for additional staffing or equipment by the Fire Department.
All facilities required by the City of Auburn to have a fire protection system would be
sprinklered. The grandstand would have non-combustible construction, comply with
current codes, and would be sprinldered with a wet system. Barns would be built of
concrete block with steel roof structures and metal roofs. Other support buiMings would
be wood-framed. The barns and dormitories would employ a dry sprinkler system.
Calls associated with vehicle fires could be expected, and a potential would exist for fire
within the proposed facility. Based on 1990 and 1991 experience at Longacres, about 17
fire calls and 20 emergency medical calls could be expected per year (most of the fire calls
at Longacres were false alarms).
Higher accident rates may occur on roads in the site vicinity, creating additional demand
for Auburn Fire Department services.
Emergency access to the area could be difficult during pre- and post-event 'times when
traffic is congested. Response time to on-site calls and those in the vicinity could be
prolonged during these times. Congestion is expected in only one direction during these
C~Y OF ~UBURN
AGEND~ BILL APPROVAL FORM
Agenda Sut~iec~: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
periods, however, leaving opposing traffic lanes relatively open. Main access to the site
would be via 15th Street N.W. from the south. Additional access would be from the north
via 37th Street N.W. A fire and emergency access corridor would be provided over a
portion of 29th Street N.W., which is proposed to be vacated. Access is pro~dded along the
west Side Of the site for the full length between 15th and 37th Streets N.W. ~md would
provide access for emergency vehicles. A 25-foot-wide barn access road would be provided
on the site. (Pages 3-94 and 3-95)
18. Police
During construction, a minimal amount of patrol time would be required to prevent
possible theft and vandalism at the project site. During operation, the primary impact on
the Auburn Police Department would be increased need for traffic control &nd possl'bly
accident investigation. The Proposed Action would result in increased congestion and
increased potential for accidents. Emergency access to the site &nd other properties in the
vicinity could be delayed by traffic during pre- and post-event periods, prolonging police
response time. Theft, felonies, and altercations are the types of activities on the site that
would require police response. The City has indicated that one additional officer would be
required to serve the proposed project during the racing season. Resources needed by the
police department to serve the proposal are expected to increase in the futmre in
proportion to any increase in attendance.
Development of the racetrack could increase the demand on crime investigation resources.
Any gambling-related investigations would be the concurrent responsibility of the Auburn
Police Department, the State Attorney General's office, and the Washington State Patrol.
(Page 3-96)
The City of Auburn Water Department supplies domestic water throughout the area with
twelve- and sixteen-inch water mains located on and near the site.
Average daily consumption, based on Longacres information, could be as high as about
140,000 gallons per day during the racing season and as low as 55,000 gallons per day in the
off-season. According to the City's Comprehensive Water System Plan, industrial-zoned
sites are assumed to consume 1,500 gallons per acre in average dally water demand; ff the
Auburn Racetrack site of approximately 165 acres used water at this rate under another
industrial use, average daily demand would be about 243,000 gallons. Therefore, the
existing water system is capable of meeting the track's needs.
CITY CF AUBURN
AGENDA ~ ~ '~ 9PROVAL FORM
Agenda Subj~t: P'cb]~ l~-~ng - Application No. CV.~1-93 _ La Terra Limit~ Partncrshlp
Water volume and pressure, based on Fire ~'~arshal's readings at 15th Street N.W. and "B"
Street N.W., 29th Street N.W. and "B" Street N.W., and 37th Street N.W. and "B" Street
N.W., would be sufficient to meet fire flow ~equirements. (Pages 3-97 through 3-103)
20. ~Saailal~y,_v~
Metro has two sewers crossing the Auburn Racetrack property: a 72-inch diiameter pipe at
29th Street N.W. and a 42-inch diameter pipe at the approximate alignment of 18th Street
N.W. if extended. City of Auburn sanitaE~ sewer facilities are located on anti near the site.
Once the facility is operating, approximately 40,000 gallons of wastewater would be
generated daily during the racing season and 11,000 gallons daily in the off season, based
on Longacres 1991 figures. Metro has cor~:'med the Renton treatment plant has capacity
to handle this volume of wastewater. (Page 3-104)
Site clearing would generate waste from demolition of an open, roofed struc~mre; several
abandoned barns; and two houses. Construction of new structures also would generate
debris. Once in operation, the facility would produce about 1,400 cubic yards of solid waste
per month in the operating season and about 450 cubic yards per month in the off season,
based on Longacres use.
Large quant/ties of manure would be generated on the site by the approximately 1,400
horses boarded daily. Storage and disposal of such wastes are governed by the Seattle-King
County Health Department.
Animal Waste Management Plan:
The proposed animal waste management plan would control animal waste generated on
the site. Features and procedures proposed for the Auburn Thoroughbred Racetrack
Animal Waste Management Plan are described below.
The majority (65%) of animal waste would be generated in the barn stalls. Stall flooring
would consist of two feet of compacted clay or a comparable impervious surface, which
would be covered by straw bedding. Animal waste would accumulate on the straw bedding,
which would absorb most of the urine. Removal of animal waste deposited in stalls in the
barns would be the responsibility of owners, trainers, and their employees. Track
management would require that animal waste be removed from the stalls daily. In actual
practice, this would occur more frequently. Grooms would transfer straw bedding material,
along with animal waste, onto a wheelbarrow or into a manure can in the stalls, travel the
CITY OF AUBURN
AGENDA BII !I. ~PPROVAL FORM
Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
short distance to the manure bins located at the end of each barn, and dump the waste into
bins where it would be picked up daily. Separate removal procedures would be followed
for conventional solid waste such as paper, metal, and other debris.
Manure bins would be constructed with a concrete floor that would be sloped to the rear,
concrete back and side walls six feet in height, and a cover. The bins would be 30 feet by
24 feet.
Animal waste within manure bins would be collected daily. The animal waste pickup
procedure would entail track employees using a forklift and clamshell bucket to load all
waste from the manure bins onto semi-trucks and trailers. The waste would then be hauled
off the site. To ensure no waste is missed during the loading procedure, a track employee
would stand by to ensure that any waste not picked up by the clamshell buck:et was placed
back into the manure bin. Animal waste would be hauled off-site daily, including weekends
and holidays, and more than one waste hauler would be retained so that service would
continue in the event of a strike or similar event. During the racing season, an average of
28 loads would be hauled off-site weekly, with each load representing appro:dmately 185
cubic yards.
It is anticipated that waste would be hauled to Albany, Oregon, and sold to a large
mushroom-growing company.
Waste deposited outside the stables, such as on walkways, around "hot walkers," between
barns, and in open paddocks, would be controlled by track employees, trainers, and
grooms. Designated personnel would be on duty throughout the day to patrol walkways to
and from the track. These employees would be equipped with shovels and brooms or
pitchforks to transfer waste from wheelbarrows to the manure bins. Manure deposited on
track surfaces would be incorporated into the surface by harrowing.
A designated.management.level person would monitor conditions in the stables and waste
collection ar_es to ensure that a safe and healthful environment is being provicled for
animals and people, and that proper handling procedures are being followed. (Pages 2-9
and 2-10, and Pages 3-104 and 3-105)
22. Electrical and Natural
Puget Sound Power and Light Co. (Puget Power) provides electrical service to the area.
Puget Power has several lines in a right-of-way that closely parallels the Union Pacific
Railroad tracks. It has a 120-foot-wide easement crossing the site next to the Bonneville
Power Administration (BPA) easement, but no lines crossing the site. Washington Natural
Gas Co. (WNG) provides natural gas to the region. A WNG main is located along 30th
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subje,~: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
Street N.W. adjacent to the north property line of the Auburn Downs site. Natural gas
connections are in place on "B" Street N.W. north of its intersection with 29th Street N.W.,
and near 15th Street N.W. about midway between the railroad lines. Adequate supplies of
energy are available, and infrastructure near the site is adequate to serve the site.
The BPA has 500-kilovolt lines crossing the site in a 262.5-foot-wide easement. These
major transmission lines are Tacoma-Ravensdale lines 1 and 2 and Tacoma ,Covington
lines 3 and 4. No improvements are planned within the next 10 years, so coordinating
construction would not be a concern. BPA policy is to review any project that would be
placed under its lines. Excavation around towers is restricted, and buildings are not
allowed. Other uses are reviewed for issuance of a no-cost permit by BPA. (Page 3-107)
The primary regional roadway within the project site vicinity is the SR 167 freeway.
Nearby streets include S. 277th Street, 37th Street N.W., 15th Street N.W., "B" Street N.W.,
and Auburn Way N. Auburn Way N. is a five-lane arterial; 15th Street N.W. and 'BH Street
N.W. to the south of 30th Street N.W. are four-lane arterials; and S. 277th Street to the
west of SR 167 is a three-lane arterial. The remaining streets have two lanes. Left-turn
pockets exist on all intersection approaches on 15th Street N.W. and Auburn Way N. and
on S. 277th Street at the SR 167 ramp intersections.
As shown in Figure 18 of the FEIS and attachment # 1 here, three street segments within
the study area are in substandard condition with regard to structural integrity and
geometry. These are "M" Street N.W.; 29th Street N.W.; and "B" Street N.W. between 30th
Street N.W. and 277th Street N.W.
B. Existing Traffic Volum~;
Existing afternoon PM peak-hour traffic volumes for local streets were obtained from
intersection turning movement counts performed in October 1992 and February 1993.
These volumes are shown in Figure 19 of the FEIS and attachment # 2 here.
Existing PM peak-hour freeway mainline and ramp volumes for the SR 167/SR 18
interchange were taken from 1990-91 WSDOT District 1 count files. A 4% aw~rage annual
growth factor recommended by WSDOT District 1 was applied to the counts to obtain 1992
volumes. Mainline volumes for 1992 for the other freeway locations were den ced from the
SR 167: 15th Street SW to S. Grady Way HOV Improvements Traffic Analysis Report.
CITY OF AUBURN
AGENDA BIL~ APPROVAL FORM
Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
Ramp volumes for the other locations were taken from the 1992 WSDOT Ramp and
Roadway Volume Report. These volumes are shown in Figures 20a and 2~)b of the FEIS
and attachments #3 and #4 here.
C. Existine Levels of Ser~i~:~;
Intersection Levels of Service. Level-of-service (LOS) analysis was performed for 14
intersections within the immediate site vicinity for the existin~ 9.m. peak hour according to
the procedures outlined in the 1985 Highway Capacity Manual. An overall PM oeak hour
of 4:30 to 5:30 p.m. was identified for these intersections from the turning movement count
data.
LOS analysis serves as an indicator of the quality of operation at an intersection or road
segment. LOS values range from A to F, with LOS A assigned when no delays are present
and low volumes are experienced. LOS E represents "at capacity" operationL (i.e., no more
vehicles could be added to the intersection or road segment without causing a breakdown
in traffic flow). LOS F indicates long delays at intersections and/or forced traffic flow.
The results of the analysis are shown in Figure 21 of the FEIS and attachment #5 here.
Four of the signalized intersections currently operate at worse than LOS D. Two of the
i '
unsignalized ntersect~ons also operate at worse than LOS D for the worst movement (i.e.,
left turns from the minor roadway).
Freeway Levels of Service. Level of service was analyzed for SR 167 between SR 18 and
SR 516, the SR 167/SR 405 interchange, and the SR 18 mainline immediate]ly west of the
SR 167 interchange. PM peak hourly volumes were used for all locations in the analysis.
Freeway service levels are generally described in terms of travel speeds. At LOS A, driven
can safely travel at the posted speed limit and are not restricted in the ability to enter or
leave the roadway at interchanges. LOS E represents conditions near or at capacity, and
speeds are well below the posted limit; drivers would generally have difficult2.! entering or
leaving the freeway, and would have to plan their maneuvers well in advance of the merge
or diverge point. LOS F conditions are defined by start-and-stop traffic flow and by very
difficult merging and diverging movements at interchanges.
The three freeway elements that were analyzed in this study were the following: ramp
junctions, weaving sections, and basic freeway segments. Ramp junctions are junctions on
the mainline freeway lanes where merging or dl ergmg movements of traffic on the ramps
affect other freeway traffic. A weaving section is formed when an on-ramp is closely
followed by an off-ramp. This freeway configuration results in the interactiont of the
vehicles entering with vehicles exiting the freeway. Weaving usually involves the crossing
31
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
of two or more traffic streams traveling in the same direction. Basic freeway segments are
sections of the freeway that are unaffected either by merging or diverging movements at
nearby ramps or by weaving movements.
Of the eight ramp junctions at the SR 167/SR 405 interchange, only two operate at better
than LOS F. These congested conditions are due to the heavy volumes of merging traffic
from the ramps onto the freeway mainline sections. At the SR 167 interchanges at SR 516,
S. 277th Street, and 15th Street N.W., all of the southbound ramp junctions operate at LOS
F. The northbound ramp junctions at these interchanges generally operate at LOS D or
better.
Each of the four weaving sections at the SR 167/SR 405 interchange and the one weaving
section at the SR 167/SR 18 interchange operate at LOS F because the distances between
the successive on-ramps and off-ramps are too short to accommodate the volumes of traffic
entering and leaving the freeway at those points.
Existing levels of service for ail five of the basic freeway segments analyzed along
northbound SR 167 are "D" or better. Along southbound SR 167, four of the basic freeway
segments operate at LOS F, and one operates at LOS E. Immediately east of SR 167 on
SR 18, the basic freeway segments operate at LOS D in both directions.
D. Existine Non-Motorized Travel Facilitie.5;
The Interurban Trail serves north-south non-motorized travel (.pedestrian and bicycles)
near the site. The trail runs just west of the Union Pacific rail line, intersecting S. 277th
Street, 37th Street N.W. and 29th N.W., and passing below 15th Street N.W. At S. 277th
Street and 37th Street N.W., the trail is approximately 8-feet wide and has painted
crosswalks. The surrounding terrain is level, and there are no sight distance c, onstraints for
either drivers or users of the trail.
Traffic projections were prepared for 1994, the anticipated opening date of the facility.
The projections are composed of the project generated traffic added to projected
background traffic. Background traffic consists of two components: future base
background traffic and traffic from other projects.
Future base background traffic for local intersections was estimated by applying an average
annual growth factor of 4% to existing intersection turning movement volumes. Future
base background volumes for the SR 167/SR 18 freeway interchange also were estimated
by applying the 4% average annual growth factor recommended by WSDOT. At the other
32
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
freeway locations analyzed, future volumes were estimated using mainline w~lumes and
ramp volume growth factors derived from the SR 167: 15th Street S.W. to S. Grady Way
HOV Improvements Traffic Analysis Report. The ramp volume grow-th factors were
applied to the ramp volumes reported in the 1992 WSDOT Ramp and Roadway Volume
Report.
Traffic from other projects represents traffic that will be generated by specific known
future developments that is not accounted for within the base background traffic growth
factor. Five such projects were identified in the vicinity of the proposed project. These are
described in Table 21 of the FEIS and Table #1 here.
Trips for these projects were distributed according to the distributions given in the traffic
reports prepared for the projects. All of the projects are scheduled to be in place by 1994,
with the exception of the Supermall of the Great Northwest.
The proposed Supermall, a 2,035,000 square-foot retail shopping complex is planned to be
built in two phases: 1,487,700 square feet during Phase I, to be completed by 1994/1995,
and 547,300 square feet during Phase H, to be completed by 1996. The potential impacts of
the proposed Supermall were reflected by preparing a second set of traffic projections.
Table 1. Other Committed Development Projects
Project Location Type Size P.M. Peak Hoars
1. Park Center 277 East S. of S. 277tlg IRwn. U.P., Warehouse 641,000 gsf 387
B.N.R.R.
2. West Valley Highway NE corner of SR Warehouse 260,000 gsf 192
Warehouse 181/29th St. NW
3. Auburn Park W. of Auburn Way btwn. Warehouse 704,000 gsf 520
37th St. NE, 42ad St. NE
4. Auburn Food Pavillion N. of 1?th S~. NE btwn. Supermarket, 76,000 gsf 510
Auburn Way, '1' St. NE rcs~aarant
$. Supcrma]l of thc Great SE quadrant of SR Rctail 2,035,000 gsf 3,340
Northwcst 167/SR 18 interchange shopping
center
~ Daily visitor trip generation for the proposed project was estimated on
the basis of average daily attendance estimates provided by the proponent and an average
vehicle occupancy rate of 2.47 persons per vehicle obtained from Longacres survey data.
The project-generated vehicle trip traffic has been estimated based on the aw.~rage
attendance cxpcricnced at Longacres during the 1992 season. The proponenl~ are using
90% of the average 1992 attendance at Longacres as a reasonable estimation of attendance
33
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Heating - Application No. CUP0001-93 - La Terra Limited Partnershil:,
because of anticipated reductions in the fan base as a result of increasing the distance from
Longacres, absence of a racetrack after Longacres closed, and competition fi'om other
forms of recreational gambling such as casinos. The estimate represents an average, and
the actual number of attendees can be expected to vary throughout the racing season.
Based on experience at Longacres, the number of attendees on some weekdays can
approach ns many as 10,000 or as few as 4,000.
Table 2. Average Dally Visitor Trip Generation
Averaige Attendance Number of V~hlel~- Trips
Wednesday 5,000 4,0~8
Thursday 4,000 3,2~8
Friday 6,000 4,85tt
Saturday 7,000 5,668
Sunday 10,000 8,098
To estimate the corresponding hourly trip generation, the hourly distribution of visitor
arrivals for the proposed project was estimated on the basis of arrival time data for various
assumed race start times from a survey of Longacres patrons.
An analysis of the responses revealed two patterns: (1) About 30% of all arrivals would be
independent of post time. These would likely be patrons arriving directly from work.
About half of total attendance of these "commuter" patrons (15%) would arnive between 5
p.m. and 5:30 p.m.; 9% would arrive between 4 p.m. and 5 p.m.; and about 6% would arrive
between 5:30 p.m. and 6:30 p.m.; (2) the remaining 70% of patron arrivals w{mld depend
on post time. According to the survey data, the largest percentage of these 'non-
commuter" patrons (21% of total) would arrive one-half to one hour before post time.
Another 18% would arrive one to 1.5 hours early; 16% would arrive less than a half-hour
early; 12% would arrive after the post time; and 3% would arrive more than 11.5 hours
early.
Project employee trip generation was estimated by using employment totals and employee
arrival time data provided by the proponent. The employment totals were based on
employment levels at Longacres. Of the 1,350 employees for the proposed project, roughly
800 would be backstretch employees (trainers, grooms) and 550 would be "frontside"
employees (concessions workers). Backstretch employees would arrive at the site between
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenaa Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
4:30 a.m. and 6:30 a.m. A high percentage of backstretch employees would depart between
10:30 a.m. and 12:30 p.m. Because these departures would be evenly distributed over a
two-hour period and would not coincide with any of the visitor arrival times,, the
backstretch employee work trips would have a smaller impact than the visitor and frontside
employee work trips occurring during the p.m. peak hour. Also, approximately 300 of the
800 backstretch employees would live on the project site, and therefore would not be
commuting during these periods. Frontside employee arrivals would be uniformly
distributed between 11:30 a.m. and 1:30 p.m. on Wednesdays and Thursdays, and 3 p.m. to
5 p.m. on Fridays. Trip generation for these employees therefore would be approximately
275 vehicles per hour.
Hourly total traffic volumes, with the project, were estimated by adding non-project traffic
volumes to project traffic volumes. From this, the highest average peak hour occurring on
Fridays from 4:30 to 5:30 p.m. was identified for local streets in the project ~dcinity. The
total hourly project trip generation for this time period would be 1,217 vehicle trips. The
average total weekday trip generation for the proposed project, including employee trips
and truck trips, would be 6,287 vehicle trips.
Visitor arrival distributions also were developed for 4:30 p.m. and 5:30 p.m. race start times
to determine the effect of varying these times in the future. The 4:30 p.m. start time would
result in lower impacts than the 6:30 p.m. start time because of the lower project traffic
volumes associated with the 4:30 p.m. start time during the 4:30 p.m. to 5:30 p.m. peak hour
for non-project traffic (326 fewer project trips, or a 30% decrease). The 5:30 p.m. start
time would result in higher impacts because of the higher number of project trips occurring
during the 4:30 to 5:30 p.m. time period with this start time (366 more project trips, or a
34% increase).
Trip Distribution. Visitor trip distribution for the proposed project was developed based
on trip origin data for Longacres patrons gathered in the Longacres Media Survey
conducted in 1990. The Longacres distribution was adjusted slightly to reflect the more
southerly location of the proposed project.
The proponent anticipates that most frontside employees would be coming flrom the
immediately surrounding areas of Auburn and Kent, with smaller numbers coming from
Federal Way and unincorporated King County. Accordingly, p oject employee trips were
distributed uniformly to these areas.
Project Trip Assigmnent. The distributed visitor traffic was assigned to major regional
access routes serving the project site (see Figures 20a and 20b of the FEIS and attachments
g3 and #4 here for 1994 freeway volumes with project). Local traffic assigmnents were
then made for the visitor and project employee traffic for two cases: one with no
35
CITY OF AUBURN
AGENDA BILL APPROVAL, FORM
Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnershlip
interchange improvements assumed at 37th Street N.W. and the other with a half-diamond
interchange assumed on the north side of 37th Street N.W. This interchange would meet
WSDOT's design standard of 1-mile spacing between interchanges in urban, areas.
Without the 37th Street N.W. interchange, roughly 60% of the project traffic on
southbound SR 167 would use the 15th Street N.W. interchange, with the remainder using
the S. 277th interchange and local streets to access the project site. Project traffic using the
lSth Street N.W. interchange would proceed eastbound on lSth Street N.W. and turn left
at "C" Street S.W. to access the project site from the south. Project traffic using the S.
277th Street interchange would travel either eastbound or westbound on S. 277th Street
and use either West Valley Highway/37th Street N.W. or "B" Street N.W./37th Street N.W.
to access the project site from the north.
Local street traffic volumes with the project and without the 37th Street N.W. interchange
are shown in Figure 19 of the FEIS and attachment # 2 here.
Traffic Volume. Figure 19 of the FEIS and attachment #2 here shows the absolute and
relative increases in 1994 PM peak-hour traffic volumes on local streets with the proposed
project. The largest increases in local street traffic would occur on West Va~[ley Highway
between S. 277th Street and 37th Street N.W. (200 vehicles, or 18%), 37th S~xeet N.W.
between West Valley Highway and "B" Street N.W. (200 to 400 vehicles, or 315% to 73%),
and lSth Street N.W. between the SR 167 southbound ramps and "C" Street N.W. ($$0
vehicles or 19%). Traffic volume increases on local streets east of the project site would be
relatively minor (50 to 100 vehicles).
Intersections Impact: Figure 21 of the FEIS and attachment #4 here shows 1994
intersection levels of service with the proposed project. Without mitigation, LOS would
drop at four intersections and a worse LOS F condition would occur at five intersections.
The most significant impacts would occur at West Valley Highway/37th Street N.W. (LOS
D to LOS F), the SR 167 southbound ramps/lSth Street N.W. (worse LOS F), and 15th
Street N.W./"C" Street N.W. (LOS B to LOS F).
An operational analysis related to the 15th Street N.W./"C' Street N.W. intersection was
also conducted to identify the effects from a proposed change in the alignment of the south
access road of the racetrack site. This alignment would contain two sharp horizontal
curves, raising the question of possible backups of project traffic into the 15th Street
N.W./"C" Street N.W. intersection because of slowing at these two curves. The highest PM
peak hour traffic flow along the access road would be the 680 vehicles turning left from
eastbound 15th Street N.W. The operational analysis indicated no operation:il impacts are
anticipated from realignment of the access road.
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
A~nc~a Subjv:t: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
Freeways. Freeway levels of service for 1994 with the proposed project are shown in
Figures 22a - 22c of the FEIS and attachments #6, 7, and 8 here. At the SR 167/SR 405
interchange, four of the ramp junctions would operate at a worse LOS F condition with the
proposed project. Conditions at the other four ramp junctions would not be affected. At
the SR 516 and S. 277th Street interchanges, all southbound ramp junctions would operate
at a worse LOS F with the proposed project. None of the northbound ramp junctions at
these interchanges would be affected. At the SR 167/15th Street N.W. interchange, the
southbound off-ramp would operate at a worse LOS F, and the northbound off ramp would
drop from LOS E to LOS F for the "without Supermall" case and operate at a worse LOS F
for the %vith Supermall" case. The other two ramps at this interchange would not be
affected. At the SR 18 interchange, the levels of service would drop, or a worse LOS F
condition would occur at the eastbound and northbound ramp junctions.
Two of the five weaving areas at the SR 405 and SR 18 interchanges would operate at a
worse LOS F condition with the proposed project.
All of the basic freeway segments analyzed along southbound SR 167 north of 15th Street
N.W. would operate at a worse LOS F with the proposed project. Levels of sendce would
not decrease for any of the other basic freeway segments analyzed along SR 167 and SR 18
with the proposed project.
Non-Motorized Traffic: The most significant impact of the proposed project on non-
motorized travel would likely be the conflict between project traffic and pedestrians and
bicyclists using the Interurban Trail. The impact at S. 277th Street would be rainor because
of the low project traffic volume, but the impacts at 37th Street N.W. would be greater.
These low total traffic volumes, however, should allow sufficient gaps in the traffic flow for
pedestrian and bicyclist crossings. Existing public access to the trail from the east on 29th
Street N.W. would be eliminated as a result of the project.
Safety. Increased traffic volumes would result in more vehicles being exposed to the
potential for accidents at the four affected at-grade railroad crossings in the area (the
Union Pacific and Burlington Northern crossings at 37th Street N.W. and at S. 277th
Street). Existing crossing protection (automatic warning signals and gates) should
minimize this risk. Should the public access via 29th Street N.W. from the west be
maintained, this would result in additional accident risk at the Union Pacific/29th Street
N.W. crossing. This crossing does not currently have actuated protection.
Transit and HOV. Metro would likely experience increased ridership on rout~.'s serving the
Auburn park-and-ride lot as a result of the proposed project. Some project visitors also
may use the park-and-ride lot for parking to avoid paying a parking fee at the projec~
parking lot.
37
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subje,~t: Public Hearing - Application No. CUP0001-93. La Terra Limited Partnership
F. Planned Imnrovements;
i
The City of Auburn and WSDOT ( ndependent of the racetrack project) have the following
planned improvements within the vicinity of the site.
Signalization at SR 167 southbound ramps/S. 277th Street (WSDOT)
i
Signal nterconnect along 15th Street N.W. between West Valley Highway and
Auburn Way (City of Auburn)
Signal interconnect along Auburn Way between 37th Street N.E. and 15th Street
N.E. (City of Auburn)
Actuation of signal (design only) at 37th Street N.W./West Valley Highway (City of
Auburn)
WSDOT also has plans for construction of HOV lanes along northbound and southbound
SR 167 from SR 405 to 15th Street S.W. The earliest that any of this construction would be
completed would be 1995 (from SR 405 to S. 84th Avenue in Kent). Once the HOV lanes
are open, however, it is not anticipated that the proposed project would have any
immediate negative impacts because i '
t is assumed that HOV lane capacity would
accommodate all HOVs (project and non-project) at an adequate level of setx, ice.
G. Comorehensive Plan-Arterial Str¢~t~:
The City has two arterial streets (see attachment #9) planned for future construction
through the site. First, the City's comprehensive plan defines a future north-south arterial
between the Union Pacific and Burlington Northern railway lines, running from S. 277th
Street south to the southern city limits. Segments of the right-of-way for this arterial have
been built by private development and reserved b the Ci
the "F" Street al'wamt~nt c,-,-,~. ~t · e ....... Y .. ty north of 37th Street N.W. alon
]o ........ o,,,u, ut xom otreet N.W., trns arterial would swing eastward to g
connect with "C" Street, forming a continuous four-lane arterial to the southern city limits.
The City's Comprehensive Traffic Plan recognizes that this arterial should be built as
surrounding development occurs, and that the responsibility for the road's construction lies
largely with the adjacent properties.
The property immediately north of the proposed project is the Puget Sound Auto Auction
Facility. In order for the existing alignment on the Auburn Auto Auction site ~to match with
the proposed alignment on the racetrack site, the City would need to renegotiate with
Puget Sound Auto Auction to realign the right-of-way 240 feet to the west and provide
compound curves. The current alignment on the auto auction site is precluded by existing
development immediately south of 37th Street N.W. Since the Auburn Auction site was
CITY OF ~UBURN
· GEND~ BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra H-qted Partnership
designed around the existing alignment so as to minimize impacts if and when the arterial
were constructed, the proposed change in alignment would affect existing facilities and
would require redesign of access, parking, and circulation. Realignment would not directly
affect the location of existing buildings on the site. Alternatively, the existing industrial
development south of 37th Street N.W. would be acquired, and the alignment on the
racetrack site changed to use the existing alignment on the Auto Auction site.
For the north-south arterial through the site, the applicant will enter into an agreement
with the City to provide for fight-of-way dedication and construction of the public arterial.
This will defer the opening of a continuous north-south arterial through the site as planned
by the City. Deferral of this future arterial would result in some future additional traffic on
other north-south routes in the vicinity until the roadway is opened, notably Auburn Way
N. and West Valley Highway, and to a lesser extent 'B" Street N.W. Volume of traffic
generated by future development in the corridor between the two railroad lines will likely
be relatively small. A review of traffic studies for proposed retail, commercial, and
industrial developments in the vicinity shows that the majority (about 70% to 80%) of
traffic generated by these developments would be oriented toward the SR 167 freeway
rather than the City's north-south arterials. Since there are interchanges with SR 167 at
15th Street N.W. and S. 277th Street, the lack of an arterial section between these two east-
west roads would not be significant for freeway-bound traffic from the corrido~r. Future
developments in the corridor probably would have similar land use and traffic
characteristics.
For through traffic generated outside the corridor, trips that would otherwise usc the
proposed north-south arterial would most likely continue to use Auburn Way lq. instead;
other trips may use "B" Street N., West Valley Highway, or SR 167. Traffic growth trends
in the north Auburn area indicate this diversion could amount to about 2,500 to 5,000
vehicles per day spread among these alternate routes by the year 2000. The impact of this
added traffic would be additional congestion on these routes until a north-south arterial
through the site were opened, but the magnitude of this congestion cannot be determined
until more detailed information is available from the City's transportation system modeling
program.
The second arterial through the site is 29th Street N.W. Portions of this street have been
built, and portions of the right-of-way through the site have been dedicated. This street
would provide a connection between Auburn Way N. and expected industrial development
on vacant parcels west of the project site. The arterial alignment shifts northward near "B"
Street N.W. to align with the existing 30th Street N.W.
If the racetrack is approved, then a portion of the planned 29th Street N.W. arterial will be
precluded.
39
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
Twenty-ninth Street N.W. is proposed to be vacated from approximately 6513~ feet west of
the Burlington Northern Railroad line to just east of the Union Pacific line. The existing
residence located on 29th Street N.W. just west of the Burlington Northern line would still
have legal access to 29th Street N.W. The proposed vacation would elimina~te a potential
direct access between undeveloped property west of the Union Pacific railroad and Auburn
Way N., the City's major north-south arterial to the east. There are other le.~ direct
connections than the 29th Street N.W. route, resulting in some out-of-direction travel for
trips to and from these sites. City policies require that all development be served by two
accesses and that public or pr/rate streets with only one outlet not exceed 60[} feet in
length; wetlands constraints on undeveloped parcels to the west, may make it difficult for
future development on these sites to meet these policies without the 29th Street N.W.
connection to another north/south street east of the Union Pacific Railroad.
The proposed project would add an average weekday total of 6,287 vehicles to area roads.
In general, levels of service at intersections throughout the primary study area would
deteriorate as a result of the project. However, at most of these intersections, impacts can
be mitigated to LOS C or better conditions. At some intersections, however, the project
would result in unavoidable adverse impacts that cannot be mitigated to the City's
standards. The following two intersections currently at LOS F cannot be mitigated to LOS
C or LOS D:
15th Street N.W./Auburn Way. (The project would account for approximately 1%
of the PM peak-hour traffic using this intersection.)
Eighth Street N.W./Harvey Road. (The project would account for approximately
1% of the PM peak-hour traffic using this intersection.)
Without the 37th Street N.W. interchange, one intersection cannot be mitigated to LOS C
or better: 15th Street N.W./SR 167 southbound ramps. It can, however, be mitigated to a
LOS "D'. Therefore, the 37th Street interchange will not be required. There will, however,
be a need for additional transportation im)0ro, vements ff th~ interchange is nbt eofistructed.
interchan~-'
Beyond the primary study area, all of the intersections analyzed could be mitigated to the
required level-of-service (LOS E within King County and the City of Kent).
Vacation of 29th Street N.W. would eliminate potential direct access between undeveloped
property west of the Union Pacific Railroad line and Auburn Way N. and would be
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. C~1-93 - La Terra Limited Partnership
inconsistent with City policy regarding the length of dead-end streets. This also could
affect the dual access needs of future development.
Deferral of the opening of the planned north/south arterial through the project site until
the need for this roadway occurs would result in some additional traffic and congestion on
other north/south routes in the vicinity.
Even with financial participation in the planned HOV improvements on SR 167, the
proposed project would contribute to growing congestion levels on the freeway system.
Two sets of roadway improvements were identified: improvements required to attain LOS
C, and improvements required to attain LOS D. Although the City of Auburn does not
have an adopted level-of-service standard, it does have adopted level-of-service policies
directed at achieving LOS C and, under limited conditions, LOS D as discussed in the 1982
Comprehemive Traffic Plan. Since the traffic plan recognizes it may not always be possible
or practical to achieve LOS C, two service levels, LOS C and LOS D, will be used as
guidelines for determining the ultimate mitigation needed for the proposed project. LOS
'C' will, however, be attained when possible.
Intersections. Intersection improvements required to attain LOS C and LOS D with the
proposed project are summarized in Table 23 and Figure 27 of the FEIS and attachments
#10 and #11 hero. They are generally limited to signal phasing and timing adjustments,
signalization, and the addition of left- or-right-mm pockets.
Freeways. Few options are available to mitigate the proposed project's impacts on the
nearby freeway system short of interchange reconstruction and the addition of HOV or
general-purpose lanes on the freeway mainline.
As described earlier, the levels of service at the affected freeway locations axe already
poor, and these problems would be exacerbated by the additional project traffic. Planned
HOV lanes on SR 167 would improve these conditions, however. Therefore,, pro-rata share
participation by the project proponent toward the cost of HOV lanes may be appropriate,
particularly considering the relatively high percentage of project traffic that would be
HOVs. The Washington State Department of Transportation has recommended a pro-rata
share contribution in the amount of $508,855.
Transportation Management Plan. The proposed project would have an average vehicle
occupancy (AVO) of about 2.5 persons per vehicle. This relatively high average, compared
with typical commuter peak-hour AVOs of 1.10 persons per vehicle, means that a
41
C~Y OF AUBUi~
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
substantial number of patrons would normally carpool to the site without further
incentives. Additional increases in AVO may be possible through implementation of the
TMP measures recommended in the Parking and Access Plan. The TMP should also
address special marketing or promotions that would increase vehicle trips during the Friday
peak hour. Metro has also suggested TDM measures could be used as traffic mitigation
measures in the TMP. These will be considered at the time the TMP is prepared. The
possibility of a commuter rail service should also be explored.
There are additional intersections in Auburn and outside of Auburn that will be impacted.
This impact will be mitigated through traffic mitigation agreements.
Additional mitigation measures include the following:
· A detailed operations plan to control traffic on and off the site;
A coordinated and consistent public information program;
· A Basic TMP to serve the parking demands for all but seven event days;
· A special event Day TMP to serve the majority and possibly all of pea}: days; and
· A Special Patron Park-and-Ride Service to be used on days of extraordinary events
(estimated to be no more than twice per year) if the Special Event Day TMP is only
marginally effective.
(Pages 3-108 through 3-145)
24. Pam_ki
The parking chapter of the City's Zoning Code does not specifically identify horseracing
facilities and the number of parking spaces required for such uses. Section 18.52.020(G)
however, provides that parking requirements for uses that are not specifically ,defined shall
be based on the most similar use. Thus, to determine the number of parking spaces
required for the proposed facility, the requirement for each separate use on the racetrack
site was calculated and the resultam amounts totaled.
For each use (e.g., restaurant, lounge, office, dormitory, spectator areas, etc.~.the number
of parking spaces was determined based on the appropriate zoning code requirement. The
number of spaces for areas within the grandstand structure was calculated based on gross
square footage. The parking requirement for standing spectator areas was calculated as
prescribed in Section 18.52.020{E)(1), which correlates each seven square feet with one
seat and requires one parking stall per every three seats. Based on the conceptual site plan
and the preliminary floor plan for the grandstand currently available from the proponent, a
total of 5,079 parking stalls are required to meet Zoning Code requirements. The
proposed development includes construction of approximately 5,100 parking stalls on-site.
42
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Sut~jetn: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
Based on the proposed 5,100 parking stalls and anticipated race attendance, parking lot
capacity could be exceeded seven days per year, assuming future parking and automobile
use patterns remain consistent with historic patterns. With implementation of a Parking
and Access Plan, however, parking demand can be further reduced. Certain basic
Transportation Management Program (TMP) measures are recommended for all event
days, including a differential pricing schedule that encourages high occupantcy vehicle use, a
valet parking program, and subsidized employee bus passes. These Basic TMP measures
are expected to reduce parking and traffic demand by 5% to 25%. Applying a 6%
reduction would ensure that all but four events during the year could be acoommodated
with the 5,100 on-site parking spaces.
On special race days when attendance is higher than typical weekend days, several
additional measures are recommended in the Parking and Access Plan. Implementation of
these snecial Event Day TMP measures, with the basic TMP measures, could reduce
parking demand by 15%. If these measures were implemented to their potential on a
consistent basis, all of the parking demand could be accommodated on the site on all racing
days.
If execution of and patron/employee response to, these Special Event Day TMP measures
are marginal, then it may be necessary to institute a Special Patron Park and Ride Service
on one or two days per year. Since these few peak events occur on known days and on
weekends and holidays, prior arrangements could be made to use existing pzwking lots, such
as the six Metro Park-and-Ride lots in the vicinity of the racetrack. These six Park-and-
Ride lots contain 1,500 parking stalls. Approval by Metro would be necessm~. (Pages 3-
128 through 3-129)
25.
For purposes of the ElS, the timeframe for the analysis is 1993 (Year 1) to 1!}97 (Year 5).
The analysis considers the incremental revenues and costs that would be asst~ated with
the proposed project. All cost and revenue data are presented in constant 1~1 dollars.
The cost and revenue categories addressed in this analysis are presented below. General
governmental services such as duties performed by the finance, personnel, artd planning
departments, by the mayor and city council, and by court-related personnel are included in
the cost categories.
43
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: P~lblic Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
Costs
Police Protection
Fire Pro~ection Services
Road Malntenanc~
Development Review & Inspections
Sales Taxes
Property Taxes
Utility Taxes
Development Fees
Admissions and Parking Taxes
The following discusses each individual revenue and expenditure source and corresponding
estimates of effects associated with the project.
Estimated Revenues. The primary sources of revenue arising from development of the
project would be property taxes, sales, admission fees, and parking taxes, although revenues
are expected to be generated from a variety of other sources as well. This section
quantifies revenues directly accruing to the City of Auburn from project construction and
operation.
Two sources of property taxes would be created by project construction and operations:
real property taxes on land and improvements, and personal property taxes tm business
property within the development. Real property and improvements associated with the
project, and business personal property taxes, have been estimated to total $15,601,333 in
assessed value following construction.
The City of Auburn levies property taxes at a rate of $2.55 per $1,000 in assessed valuation,
and property taxes are collected on an average of two years following the year in which
assessed valuations are established. Levying this tax rate against the assessed value of
taxable property produces $17,143 in each of the first three years. No new property taxes
would accrue to the City of Auburn in Years 1, 2, and 3 because of the lag in tax
collections. In Years 4 and 5, however, property tax revenues would total $23,067 and
$39,783, respectively. If property is assessed and the tax is levied in the same year, with
collection to follow the next year, then the lag would be only one year.
The City of Auburn has a 5% admissions tax and parking tax. Auburn Racetrack revenue
projected for these two categories is $1,482,912 and $597,209, respectively. The City would
receive $104,006 in tax revenue in 1994. Based on the Northwest Racing Associates
Limited Partnership's Application for Class A License before the Washington Horse
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP(IX)l-93 - La Terra Limited Partnership
Racing Commission (Racing Application), there will be an estimated 4% increase in
attendance over each of the following years and a corresponding 4% increa,le in tax
revenue.
Sales tax revenues would accrue to the City of Auburn from two sources: the sale of
building materials and contractor services during construction, and the sales, of goods and
services after project operation begins. Sales taxes on construction materials and services
would occur in 1994and 1995 and were estimated on the basis of the predicted
construction schedule, the value of structures, and the City's share of total sales tax
revenues. The total sales tax rate in the City of Auburn is 8.2%, but the City receives only
0.85% of the taxable sales. Sales taxes levied on purchases of materials and contractor
services (including labor) during construction would yield approximately $2~0,125 in
revenue. The City's share of this revenue would be conservatively estimated to be
.approximately one-half, or $120,062 over two years. (Limitation of Auburn% share to 50%
is conservative based on past experience. It accounts for a portion of the construction costs
that are not taxed and for the possible purchase of some construction materials in other
jurisdictions, even though sales taxes on construction are supposed to be collected in the
jurisdiction in which the project is constructed.)
The second source of sales tax revenue would be sales of goods and services from
concessions and programs. Total sales from the project would be approximately $5,854,420
per year. Applying the same sales tax rate to this total would produce $49,76.3 in sales tax
revenue to the City of Auburn following construction completion or in Year 13. Based on
the Racing Application, it is estimated sales will increase 4% per year. In general, total
sales tax revenue would be expected to range fi.om $0 generated in 1993 to $53,820 in
revenue in 1997.
Utility taxes are levied by the City of Auburn on gross sales of municipal utilities. Current
utility rates are 4.5% of sales revenue for electricity, water, and sewer, and 2% of sales
revenue for solid waste.
Total utility tax revenue allocated for the City of Auburn would be approximately
$44,580/year.
Building permit fees and plan review fees would provide revenue to the City of Auburn.
Total development fees would be expected to total $907,900.
The project would generate a significant amount of revenue for the City of Auburn. Total
revenues generated for the City of Auburn are generated primarily by real and personal
property taxes, sales taxes, utility taxes, and development fees. The proposed development
would generate approximately $925,043 the first year due largely to development permits
45
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
^g~nd~ Subj.:t: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
and fees. Revenue would gradually drop to $233,882 in the fourth year, and increase to
$255,168 by the fifth year.
Estimated Costs. The primmy sources of cost to the City of Auburn arising from
development of the project would be to provide fire and police service to the site.
Construction and operation of the proposed project would generate the need for staffing of
the fire department's elevating platform~
In addition to the increased need for fire department services, other potential sources of
cost to the City arising from the project would include road maintenance costs,
development review and inspections, and the provision of general governmental services
(e.g., planning and administrative functions). Costs that would accrue to the City of
Auburn from project construction and operation are described below.
Police services would be required for both construction and operation phases of the
project. Construction of the project would generate two types of impacts on the Auburn
Police Department: a negligible increase in patrol time, and an increase in the number of
service calls arising from potential construction-related traffic incidents on roadways
surrounding the project. Operation of the project could create additional demand for
Auburn Police Department services from two sources: vehicle accidents cansed by project
traffic and, to a minor extent, incidents occurring at the project site (e.g., theft,
disturbances, bad checks). These potential impacts would be minimized by hiring off-duty
traffic control police during peak events and an Auburn police department liaison during
race days. Because the new track would have on-site security and would retain an Auburn
police liaison, the Auburn Police Department is expected to require approximately one-
half full time equivalent (fte) additional staff to handle any police-related impacts
associated with the project. Based on Auburn's 1993 Final Budget, each police officer,
including court costs, jail costs, department administrative, indirect, and equipment costs,
costs $114,350 per year.
Fire Department costs are assessed on an incremental basis. In general, the Fire
Department existing level of service can adequately accommodate anticipated calls at this
facility. However, the grandstand at this facility adds significantly to the need by the Fire
Department for an elevated platform truck. The City of Auburn now relies on the call
back of off-duty personnel and mutual aid for this. This is the most direct impact of the
racetrack on fire services.
The cost of purchasing the truck is $500,000, which could be financed over 10 years at 8%
interest. Such a truck needs to be staffed at all times by five personnel. This equates to 20
fire fighters around the clock. Average costs to support one fire fighter is $81,800. This
computes to annualized costs of $1,710,000. However, this facility would not be the only
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Ageacla Subject: Public Hearing - Application No. CUP0001-93. La Terra Limited Partnership
structure to benefit from this new capability; almost any larger structure would benefit. To
compute a fair share of these costs to the project, the project's construction value was
divided into the assessed value of all structures valued at more than $500,000 in the City of
Auburn's imanediate service area. This equates to about 5%, yielding an armual cost of
S84,700.
An option to not require the new equipment would be to hire off-duty standby firefighters
and Emergency Medical Technicians on race days. If there is an incident on site that
requires an evacuation of the grandstand, the fire fighters on site can begin an orderly
evacuation of the grandstand and thereby lessen the need for an immediate response with a
ladder truck.
Construction and operation of the project would create additional service demands on
roadways surrounding the site, as well as increased demand on utilities that serve the
proposed project site. Impacts that would be associated with additional sen4ce demands
can be separated into two categories: (1) initial construction and improvement of roads
and utilities, and (2) operation and maintenance (O&M) of the roadways artd utilities after
all improvements had been implemented.
Once utility and roadway improvements are completed, they would need to be maintained.
Maintenance of utility infrastructure would be paid for through user fees and therefore
would not place a burden on the City of AubUrn. On the other hand, maintenance of
roadways is a cost borne by the City of Auburn.
Impacts of the project would create additional O&M costs for roads in the vicinity of the
project. Approximately 5.5 miles of roadway would be directly affected by the project and,
because of the location of surrounding roadways, a total of 13.0 miles of roadway may be
directly and indirectly affected. The current annual O&M cost for maintaining a mile of
roadway is approximately $11,012; thus, approximately $143,156 is currently :spent on
roadways that would be affected by project traffic. O&M roadway costs would increase by
.approximately 7% with the proposed project, to $11,783 per mile. O&M costs would
increase by $10,023 per year on affected roadways.
Adding the annual project-related O&M cost of existing roadways to the annual project-
related O&M cost of new roadways produces a total annual O&M cost that would be
approximately $12,501 per year for the life of the project. This cost would represent a 0.8%
increase in the Auburn Street Division's total 1993 estimated budget of $1.5 million. Aside
from these roadway O&M costs, it appears the project would not necessitate other major
utility improvements funded by the City of Auburn.
47
CITY OF AUBURN
AGENDA BILL APPROVAE FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
Review and inspection tasks are performed by four municipal entities: the Fire
Department, Building Department, Public Works Department, and Planning and
Community Development Department. Most development review and inspection costs
are incurred within the same timeframe as development permit and fee revenue receipts.
Development review and inspection costs were estimated by using estimate.,; from the
Supermall of the Great Northwest Draft Supplement EIS. Direct costs would be expected
to total $225,081. Applying the general government cost multiplier of 2.4 to these service
costs would result in a total cost of $540,194. The largest contributor to these total annual
costs would be Building Department inspection and Fire Department inspection and plan
review times, which would account for 42% and 35% of direct costs, respectively.
Total construction revenues for development permits and fees of $907,900 would appear to
cover anticipated development review and inspection costs of $540,194.
Table 3. SUMMARY OF COSTS
Cost 1993 1994 1995 1996 1997
Police Servic~ Costs $0 $57,200 $57,200 $57,2~0 $57,200
Fire Suppression & EMS $0 $84,700 $84,700 $87,400 $87,400
Costs
Roads & Public Utilities $0 $12,501 $12,501 $12,S01 $12~;01
Cost
Development Review & $0 $432,155 $108,038 $0 $0
Inspection Costs
Total $0 $586,556 $262,439 S154,401 S154,401
1A~umes Northwest Racing As.~ciation Limited would have on-site security staff, hire off-duty police for
traffic control, and provide police department liaiaon during racing events.
2Assumes 80% of Development Review and Iospection Costa will occur in 1994 and 20% in 1995
commensurate with the construction schedule.
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
Table 4. NET REVENUES AND COSTS ACCRUING TO THE CITY OF AUBURN
FROM PROJECT DEVELOPMENT
1993 1994 1995 1996 1997
Total Revenues $925,043 $261,773 $243,656 $233,882 $255,168
Total Costs 0
Net Revenue/ $925,043 ($324,783) (S18,783) $79,491 S100,767
Costs
Overall, the major assumptions used in the analysis are conservative, and several of the
analysis variables and implicit assumptions are critical to the results of this analysis. These
variables include: (1) total project attendance; (2) the City of Auburn's share of
construction sales tax revenue; (3) the future assessed value of land and improvements; (4)
the proportion of estimated cost of the project's improvements compared to total Auburn
asse. ssed impi'ovements times the fire department budget that would be directly related to
project costs; and (5) police service mitigations and one additional police officer would be
sufficient to negate any need for additional City of Auburn police personnel.
(Pages 3-149 through 3-159)
26.
Comprehensive Plan Goals. Objectives and Policies Related to the Applicatic, f~ (See
attachment 12)
Staff has concluded that the Conditional Use Permit may be approved if appropriately
conditioned in that it is consistent with the following criteria necessary to grant the
Conditional Use Permit as outlined in Section 18.64.040 of the Zoning Ordinance.
The use will have no more adverse effect on the health, safety or comfort of persons
living or working in the area, and will be no more injurious, economically or otherwise,
to property or improvements in the surrounding area, than would any use generally
permitted in the district.
The majority of the subject site is zoned M-2, Heavy Industrial. The M-2 zone is the
City's least restrictive zone in terms of uses. The M-2 zone allows for heavy industrial
uses that need larger amounts of outdoor area for fabrication and storage. The zone
also allows for wrecking yards, asphalt batch plants, bulk storage, refineries, utility
substations, solid waste processing, et al.
The racetrack will have substantially less adverse affect on the surrounding properties
than a number of other uses that could be allowed in the M-2 zone. Primarily because
49
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Ab~nda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
the racetrack is oriented towards providing a source of entertainment and relaxation for
the patrons, as such the project needs to be designed to provide those amenities.
It is acknowledged that a significant amount of traffic will be generated by the track.
Labor intensive industrial uses could generate traffic levels equal to or in excess of what
is projected for the track. It must be noted that the M-2 zone could allow other uses
with a significant traffic impact which is dependent upon its size and use intensity. The
majority of the racetrack impact is during the live racing season (125 days) as opposed
to other year-round M-2 uses of equal intensity.
The proposal is in accordance with the goals, policies and objectives of the
Comprehensive Plan.
There are a number of the Comprehensive Plan Goals, Objectives and Policies that are
related to this proposal. The concept of a horse facility is envisioned by the
Comprehensive Plan. The Plan at Policy 9.1.5 speaks to the previous Auburn Downs
project and its opportunities.
On page 69 of the Plan, it also states that a wide range of commercial uses may be
permitted in the heavy industrial areas. Policy 22.1.3 also speaks to permitting
commercial uses within industrial areas.
A number of policies that speak to economic diversification, expanding the employment
opportunities and promoting quality commercial development in Auburn. Staff
believes the racetrack addresses each of these policies.
There are also a number of policies that speak to air quality, water quality, traffic,
aesthetics, public services, wetlands, noise, et al. As such there are a number of
C ' °
ondltlOns that have been developed to assure that the project will be consistent with
the Comprehensive Plan.
3. The propOsal complies with all requirements of the Zoning Ordinance.
The proposal as submitted indicates it is in compliance with the Zoning Ordinance or is
capable of meeting the eqmrements of the Ordinance. Prior to releasing building
r '
permits, detailed final plans will be evaluated to insure compliance.
The use itself is allowed in the M-1 and M-2 zone subject to the issuance of the
requested conditional use permit. Appropriate setbacks, landscaping and parking are
also being provided accordingly.
CITY OF AUBURN
AG£NDA BILL APPROVAL FORIVl
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra I-imlted Partnership
Independent parking calculations conducted by the Planning Department concluded
that the Zoning Ordinance requires 5,079 spaces for the track. 5,100 spaces are being
provided. It is acknowledged that on 7 + days per racing season that the 5,100 spaces
will not be sufficient. It is anticipated that services such as Metro can be used on those
peak attendance days. A parking management plan that covers contingencies is also
being required.
The Zoning Code requires interior parking lot landscaping. The requirement is
generally that a 100 sq. ft. landscape area is provided at the end of each tenth parking
space. Section 18.50.060(H)(2) allows the location of the planter areas to be relocated.
The amount of the landscaping cannot, however, be lessened.
The site plan indicates that the planter areas have been moved, but sufficient
calculations have not been provided to determine code compliance. It is determined
that the parking lot landscaping can most likely be met in that the site plan illustrates
parking space dimensions for standard size spaces. The Zoning Code allows up to 30%
to be compact. If compact spaces are used, the additional space can be used for
landscaping.
The proposal can be constructed and maintained so as to be harmonious and
appropriate in design, character, an appearance with the existing or intended
character of the general vicinity.
The racetrack facility will provide for an open, recreation, pedestrian friendly amenity.
This is in significant contrast to what could be provided by the existing M-2 zone.
Care should be taken with its design, however. The grandstand will be a significant
feature and should be designed to reflect a favorable appearance from the valley
freeway and interurban trail and surrounding public right-of-way including 15th Street.
While the adjoining r ' ' ·
esldent~al property ~s also zoned M-2, care should be taken that
the mitigation measures to buffer these uses reflect the residential use itself.
Since this is a large project with significant amounts of paving and roof tops that
additional amenities such as landscaping should be provided to ensure the facility is
appropriate for the community as a whole.
5. The proposal will not adversely affect the public infrastructure.
The Environmental Impact Statement has appropriately identified a number of adverse
impacts that could occur if appropriate mitigation is not provided.
51
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
AgenO Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
It is acknowledged that additional traffic will be added to an already congested freeway
system. It is important to note, however, that the Washington State Department of
Transportation (WSDOT) who is responsible for the State Highway system has only
recommended that the applicant participate in funding the proposed H.O.V. lanes.
This condition has been incorporated.
All the other affects to the public infrastructure will be manageable if properly
conditioned. There are a number of conditions related to traffic, storm drainage,
flooding, water quality, et al, that must be implemented by the applicant.
1. Earth
A. A Grading, Drainage, Erosion, Sedimentation Control Plan (GDESCP) is
required and must be approved by the Public Works Director prior to issuance of
any construction permits. The plan shall employ Best Management Practices
(BMPs) in accordance with the minimum requirements in the 1990 King County
Surface Water Drainage Manual and City of Auburn Standards. The GDESCP
shall employ those BMPs where appropriate as detailed on pages 2-10 to 2-11 of the
FEIS. The plan shall show earthwork quantities and locations of excavations and
embankments, the storm drainage and detention system, and methods of preventing
drainage, erosion, and sedimentation from impacting adjacent properties, natural
drainage ways, existing public and private storm drainage systems, sensitive areas,
and wetlands. The interim stormwater drainage and detention facility shall be
designed to accommodate the 100-year, 7 day event. The GDESCP shall include a
construction sequence schedule. It shall indicate concurrent and sequential
construction activities.
A storm drainage plan substantially in conformance with the FEIS, pages 2-11 to 2-
18 must be submitted for review and approval prior to approval of the GDESCP.
The plan shall clearly illustrate the routing and direction of all flows, provide
preliminary volume requirements and proposed detention facilities. The plan shall
identify and describe all proposed BMP's for City approval.
B. In order to minimize impacts from excavation and backfilling, these
operations should be planned for execution during the drier months of the year, i.e.,
May through October. Recognizing that the project schedule may require winter
season work, the impacts can be minimized by appropriate BMP's. The time span
between site preparation and footing construction should be minimized to prevent
exposure of soils. Areas expected to be exposed for long periods of time, even
52
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
^~enda Subject: Public Heating - Application No. CUP0001-93 - La Terra Limited Partnership
during dt~ summer months, should be stabilized with methods as approved by the
City Engineer to minimize erosion. Specifically, the following standards will apply:
From April 1 to October 31, all exposed soil areas at final grade and all areas that
are expected to remain unworked for more than 30 days shall be stabilized within 10
days.
From November 1 to March 31, all exposed soils at final grade shall be stabilized
immediately using permanent or temporary measures. Exposed soils with an area
greater than 5,000 square feet that are scheduled to remain unworked for more than
24 hours and exposed areas of less than 5,000 square feet that will remain unworked
for more than 7 days shall be stabilized immediately.
C. To minimize the impact of differential settling and seismic ground shaking on
the proposed project, geotechnical recommendations (from Appendix "Aw of the
lEIS) regarding preloading and settlement monitoring of structural fill should be
followed. Structural design of the buildings should incorporate measures to
minimize building damage caused by differential settling and ground shaking.
These measures should include providing a sufficient thickness of compacted fill
below any spread footings to minimize differential settlements, and preloading the
building areas for a minimum of four to eight weeks, or until monitoring indicates
consolidation of the underlying strata is largely complete, to allow active soils to
precompress.
D. The proponent shall provide, prior to or concurrent with the submittal of the
GDESCP, a detailed geotechnicai investigation to identify seasonal high water table
fluctuations and soil conditions that may influence the design or construction of
building foundations, public roads or utilities including stormwater detention basins.
Existing reports may be used to satisfy or partially satisfy this requirement.
Air
A. In order to provide additional means to filter emissions from automobiles,
the deciduous trees that are otherwise required by the Zoning Ordinance shall be a
minimum of 2 to 2-1/2 inches in diameter at the time of planting.
B. A plan shall be prepared by the proponent and approved by the Building
Official that addresses dust control during construction and operation of the track.
The plan shall be based upon the mitigation measures found on pages 3-9 and 3-10
of the FSEIS. The plan shall be approved prior to the issuance of any construction
permit.
53
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Sub, ct: Public Hearing - Application No. C~1-93 - La Terra Limited Partncrship
A. A detailed storm drainage plan for on-site and off-site water quantity and
quality is required. The plan is to be approved by the City Engineer prior to
issuance of_ building permits. The plan shall be designed in accordance with the
minimum requirements in the 1990 King County Surface Water Drainage Manual
and City of Auburn Standards. The plan shall include the following:
1. The stormwater system shall provide detention to reduce peak post-
development flow rates to pre-development conditions for 50% of the 2-year
24-hour event, and the 2, 10, 25, 100-year, 24-hour events. The predeveloped
conditions are defined as those conditions prior to the existing fill that is on
the site. The detention shall be defined as the active storage available one
foot (1') above the seasonal high groundwater line. All detention ponds shall
include a minimum one foot (1') freeboard distance after settlement. The
developer shall provide a survey of all detention structures to verify required
freeboard at 10 foot station intervals. Survey results will be shown on as-built
plans submitted to the City for review and approval prior to occupancy. The
first cell of each detention pond and pond #3 shall be lined to protect
groundwater.
2. The design of the storm drainage systems must incorporate the
tailwater elevation findings in the Mill Creek Basin Flood Control Plan Study
conducted in 1993-94 by King County, Kent and Auburn. To verify the
systems will function as designed for all required storm events, without
infringing on the one (1) foot freeboard, given the respective tail water
elevations, the hydraulic grade line (HGL) shall be established to ensure the
predeveloped and postdeveloped conditions are met. Provide sufficient
maintenance to the existing (east/west) ditch that is north of 29th Street
N.W. and west of the UPRR and then to Mill Creek to accommodate the
performance of on-site detention systems.
3. Stormwater conveyance, etentlon and treatment systems shall be
d '
designed to ensure that temperature, dissolved oxygen and nutrient problems
in Mill Creek are not further degraded as discussed in the FEIS. The
design shall take into consideration the discussion on pages 3-64 and 3-65 of
the FEIS.
4. Prior to final nspect~on and acceptance of the storm drmnage system,
the proponent shall provide evidence to the City that the system is able to
convey and store the quantities that were approved for the storm drainage
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Ag:naa Subject: Public Hearing. Application No. CUP0001-93. La Terra Limited Partnership
system. At a minimum, all conveyance and detention systems shall be free of
sediments.
B. In addition to the stormwater management system, other measures to
mitigate effects of increased runoff include constructing downstream drainage
improvements outlined in the City of Auburn's Comprehensive Drainage Plan
(CDP) (1990). These drainage improvements shall be constructed prior to horses
being allowed on site. The plan shall include the following:
1. CDP Improvement AH2. Construct parallel (independent) 36-inch
(or equivalent) storm pipe to convey approximately 35 cfs to the detention
basin fi.om Burlington Northern Railroad (BNRR) west to the Union Pacific
Railroad (UPRR) along 37th Street N.W.
2. CDP Improvement 02. Replace existing 30-inch and 36-inch culverts
at the Interurban Trail crossing along 29th Street N.W. with two 54-inch
culverts or equivalent to convey approximately 189 cfs.
3. CDP Improvement 03. Replace existing 18-inch and 24-inch culverts
at the UPRR crossing along 29th Street N.W. with two 54-inch culverts or
equivalent to convey approximately 189 cfs.
4. CDP Improvement O3A. Construct two 48-inch culverts or
equivalent across 29th Street N.W. east of the UPRR to convey
approximately 130 cfs from E3 channel improvement to 03 improvement.
5. CDP Improvement 04. Construct grass-lined channel (or other
suitable section) or pipe equivalent along 29th Street N.W. from BNRR to
UPRR convey approximately 59 cfs.
6. CDP Improvement E3. Provide additional conveyance capacity along
the existing UPRR ditch fi.om 15th Street N.W. to 29th Street N.W. to convey
approximately 130 cfs. The design shall include provisions for maintenance
access.
C. For public roads, constructed by the proponent, storm drainage facilities
shall be designed in accordance with the minimum requirements in the 1990 King
County Surface Water Drainage Manual and City of Auburn standards and could
include any one of the following, depending on the location of the roadway and its
existing drainage system:
55
CITY OF AUBURN
AGENDA BILL APPROVAl, FORM
^genda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
1. Use the proposed project's adjacent on-site facilities; e.g., drainage
could be directed to on-site detention/water quality control facilities
(liability and maintenance issues would need to be resolved for
interconnected systems).
2. For storm drainage bom off-site street improvements that cannot be
drained through an on-site system, cooperate in a "drainage mitigation
agreement" as a method to participate in a regional water quality/quantity
control facility.
3. Provide individual site detention/water quality control for each
isolated off-site improvement.
D. To mitigate for the filling of the FEMA 100-year floodplain and lost flood
storage area, the following City of Auburn's Comprehensive Drainage Plan (CDP)
(1990) improvements shall be constructed prior to horses being allowed on site.
1. CDP Improvement AH1B. Construct Regional Detention Pond with
inlet/outlet pipelines in the northwest corner of the site with a storage
capacity of approximately 13 acre-feet. This portion of the site contains
approximately 3.5 acres of wetlands. Except for the portion of wetlands in
this area proposed to be filled to create a berm and swale and for which
wetland mitigation measures have been imposed as described in Condition
4.A below, the wetlands in the northwest corner of the site shall not be filled,
excavated or modified in any manner which would require a permit pursuant
to S404 of the Federal Clean Water Act. The regional detention pond shall
be designed to provide treatment of stormwater from both the on-site
overflow & the 37th Street system The pond shall be designed with a
preferred side slope of not steeper than 4:1. If steeper slopes are required,
then low maintenance vegetation must be planted on those slopes and if
necessary be fenced for public safety. Maintenance access shall also be
provided. Maintenance of the wetland portion of this pond to retain the
design storage capacity shall be allowed, but shall be limited to cutting
and/or removing of vegetation above the ground (e.g., mowing, rotary
cutting) and removal of accumulated debris. No excavation, discing or
similar regulated activities under S404 of the Federal Clean Water Act, shall
occur without first obtaining necessary authorization from the U.S. Army
Corps of Engineers. The City's long term use and maintenance of the
regional detention pond shall be guaranteed by execution of an appropriate
legal instrument prior to allowing spectators on site.
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. C~1-93 - La Terra Limited Partnership
E. Water quality treatment facilities described in Section 2 (Stormwater
Management System), pages 2-11 through 2-18 of the FEIS, and in accordance with
the King County Surface Water Drainage Manual and City of Auburn Standards
shall be cons~ucted prior to horses being allowed on the site. An agreement with
Metro allowing the proposed emergency animal waste discharge to the 72-inch
Metro sewer line shall be provided to the City prior to approval of the Stormwater
Management system plans.
F. A stormwater pollution prevention plan shall be developed by the proponent
and approved by the Public Works Director prior to issuance of construction
permits. The plan shall include the following minimum requirements and shall be
fully implemented prior to horses being allowed on site.
(1) An Animal Waste Management Plan as described in Condition
# ll-A~
(2) An on going storm drainage maintenance and operation plan
and schedule. At a minimum, annual inspection and cleaning of all
drainage facilities are required. The plan shall include the following:
(a) A schedule for maintenance for all storm
facilities and the party (part/es) responsible for the
maintenance and operations shall be identified.
(b) A vegetation management and harvesting
program and the party (parties) responsible for
implementation and ongoing operation.
(c) A plan outlining the procedures for switching
Detention System Number 3 between the retention
system utilized during the racing season and the off
season detention system.
(3) Best Management Practices (BMPs) for water quality
protection and storm facility operation and maintenance (examples
include parking lot sweeping, catch basin stenciling, covering activities
which have a potential to pollute, spill response and clean up plans,
guidelines for using fertilizers, pesticides, hazardous materials and
other potential pollutants).
57
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0~01-93 - La Terra Limited Partnership
G. A Water Quality Monitoring Program shall be required for a minimum of
five ($) years. The Monitoring Program shall be terminated ~fter five (5) years
provided that the applicant can demonstrate that stormwater discharge from the site
is not causing violations of State of Washington Water Quality Standards for Surface
Waters (Chapter 173-201A (WAC) in Mill Creek. The program shah be designed in
coordination with conditions for water quality monitoring that may be imposed by
the U~S. Army Corps of Engineers (Corps), in conjunction with a S404 permit, by.
the Washington Department of Ecology (Ecology), in conjunction with a S401 water
quality certification or a National Pollution Discharge Elimination System (NPDES)
permit, or by the Washington State Department of Fish and Wildlife (DFW) in
conjunction with a Hydraulic Project Approval (lIPA). The Corps, Ecology and
DFW are hereinafter referred to as Other Agencies with Jurisdiction. The program
shall determine conformance with discharge requirements, effect on receiving
waters and effectiveness of treatment facilities. The program shall include, at a
minimum, the following:
(1) Monitoring and reporting both of water quality and quantity
data.
(2) Collecting samples, lab analysis of samples, QA/QC (Quality
Assurance/Quality Control) program, reports on data with
comparison to monitoring program objectives.
(3) The program shall provide financial performance assurances
that guarantee the quality of the receiving water is not being further
degraded as discussed in the FEIS. The financial guarantee shall be
in effect for the same period as the monitoring program.
In lieu of the monitoring plan required by this condition, the City will
accept a water quality monitoring program designed for compliance
with the S404 permit, NPDES permit or S401 certification for this
project, so long as such other monitoring program conforms to the
objectives and elements identified above and so long as the City is
assured that it will receive copies of all monitoring reports submitted
by the applicant to other agencies with jurisdiction and that it will be
provided an opportunity to comment on such reports. The City shall
be entitled to enforce the monitoring conditions imposed by such
other agency with jurisdiction in the event that such agency is not
enforcing such conditions. In the event that the City must enforce
such conditions, the proponent shall, as directed, be required to
provide the Auburn Building Official with the services of a consultant
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Age~ S~bject; Public Hearing. Application No. CUP0001-93 - La Terra Limited Partnership
with expertise in water quality for the purpose of assisting the City in
the enforcement of conditions.
The proponent shall be responsible for the implementation of the
monitoring program. The monitoring program shall be approved by
the Public Works Director prior to spectators being allowed on site.
H. The proponent shall have the option of agreeing to be responsible for all
costs associated with providing an independent qualified expert(s), hired by the City,
to perform a technical evaluation of the stormwater treatment proposal, stormwater
pollution prevention plan and water quality monitoring program. If the proponent
does not agree to pay these costs, the City will use the expertise of other government
agencies in performing this technical evaluation. This technical evaluation shall be
completed and accepted by the City prior to approval of those items.
I. Whenever a conflict may arise between the 1990 King County Surface Water
Drainage Manual and City of Auburn Standards, the City standard apply.
A. Prior to the issuance of a permit allowing earthwork within or proximate to
wetland mitigation (Thormod) site, a comprehensive wetland mitigation,
management, and monitoring plan prepared by a wetland biologist shall be
submitted and approved by the Planning and Public Works Directors. The filling of
wetlands on the project site shall be mitigated by creation, restoration, enhancement
of and buffering to wetlands based on the proposal outlined in the Final
Environmental Impact Statement (FEIS) and Wetland Functional VaJues A.ue. ument
for the Auburn Thoroughbred Racetrack Project dated August 1993 (Appendix B2 of
the FEIS) and the Wetland Mitigation Plan for the Auburn Thoroughbred Racetrack
Project, dated August 1993 (Appendix B3 of the FEIS). The wetland mitigation plan
shall be designed to compensate for impacts to the existing wetland functions and
achieve at least equal wetland functions
Major elements of the mitigation plan shall include:
1. The wetland mitigation area shall be designed to include water
saturation (hydrology) and wetland vegetation native to the Pacific
Northwest. Plantings shall provide food and cover for local wildlife.
2. The plan shall include the proposed construction sequence;
construction limit staking; grading and excavation plans and details; erosion
59
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
and sedimentation control features needed for wetland construction and
long-term survival; a planting plan specifying plant species, quantities,
locations, size, spacing, and density; source of plant materials; habitat
features; water and nutrient requirements for planting, including irrigation;
and descriptions of water control structures, and water level maintenance
practices needed to achieve the necessary hydrocycle/hydroperiod
characteristics.
3. A hydrologic and hydraulic analysis shall be conducted for the
wetland mitigation site. The analysis shall address the existing and
future dynamics of hydrologic support for wetlands on the Thormod
Property. The analysis shall be approved by the Public Works Director
and utilized as the basis to construction design and monitoring of the
wetland mitigation.
4. The plan shall include a maintenance program; minimum 10-year
monitoring program and contingency plan and establish goals and
specific objectives to monitor and measure the success of the wetland
mitigation project. The proponent shall be responsible for primary
construction inspection and biannual monitoring and inspection reports,
indicating achievement of goals and objectives, and project status, to be
filed with the Building Official through the monitoring program, with a
final report provided at the end of the monitoring program.
5. The City recognizes that in order for the proponent to fill
wetlands, as proposed, it must obtain a S404 Permit from the Corps. The
Corps is not expected to make a decision on the permit request until the
fall of 1994. In the event that the Corps issues a S404 permit, the Corps
will require the proponent to implement a detailed wetland mitigation
plan, including malmenance, monitoring and contingency plan elements.
In order to avoid duplication of effort, reduce the potential for
conflicting conditions and utilize the expertise of other agencies, the City
will accept a wetland mitigation plan approved by the Corps so long as
that plan meets the City's adopted wetland mitigation policies and
generally conforms to the mitigation proposal identified in the FEIS. In
the event that the proponent uses the wetland mitigation plan approved
by the Corps to satisfy this condition, the City shall be entitled to enforce
all work activities for conformance with approved plans as required of
the wetland mitigation by the Corps in the event that such agency is not
enforcing such conditions.
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Subject: Public Hearing - Application No. C~1-93 - La Terra Limited Partnership
The proponent shall have the following options for providing the City
with independent qualified expert(s) for the purpose of assisting the City
in the review of the wetland mitigation plan and inspecting work
activities for conformance with approved plans and specifications. The
proponent will ensure that either the expertise of other government
agencies is provided for assistance and if the agencies require
reimbursement, the proponent shall be responsible for such costs, or if
other government assistance is not provided or is unresponsive, the
proponent shall provide the City with services of a biologist and civil
engineer.
6. Prior to the issuance of permits allowing earthwork within or
proximate to wetlands, an appropriate security equivalent to the cost of all
wetlands work including the review, monitoring and contingency elements
shall be submitted to the Building Official, and shall be kept active through
the period of the monitoring plan in an amount commensurate with
monitoring program and contingency plan. At the end of the monitoring
program, the City in consultation with other agencies with jurisdiction as
appropriate, shall determine if the security equivalent can be returned, or if
the contingency should be implemented and the monitoring period exlended.
A cost summary for all wetlands mitigation work shall be provided in the
wetland mitigation plan. The City recognizes that the Corps is likely to
impose its own requirement for the posting of an appropriate security device
in the event that it issues a S404 permit. In order to avoid requiring multiple
security devices to guarantee the same work, the City agrees that if a security
device is required by the Corps for the wetland mitigation plan, the City will
not require its own security device so long as the City is named as a
secondary beneficiary so that the City is authorized to determine that all
work activities have been completed in conformance with approved plans
prior to the City's authorization for the release of the security device. In the
event that the Corps will not agree to a security device with a secondary
beneficiary, the City will work with the Corps and the proponent to develop
an alternative means to protect the City's interest in guaranteeing that the
wetland mitigation work is completed in conformance with approved plans.
7. Prior to the issuance of any construction permits, the proponent
shall provide the Planning Director with a schedule for the completion of
all wetland mitigation plan activities including grading and planting,
which demonstrates that all wetland mitigation work, other than wetland
contingency and monitoring, will be completed within two years of the
issuance of all permits (including necessary state and federal permits)
61
CITY OF AUBURN
AGENDA BIlL APPROVAL FORM
^genoa Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
which allow the proponent to fill wetlands on the racetrack site and to
undertake the wetland mitigation work. The schedule shall be reviewed
and approved by the Planning Director. If, due to reasons beyond the
proponent's control, the wetland mitigation work cannot be completed
within thia two year period, and reasonable progress is being made on
the wetland mitigation work, the Planning Director may grant a one year
extension based upon a revised schedule, and may require the proponent
to post an additional bond in the amount of the cost for completing the
wetland mitigation work.
8. Following completion and acceptance of all wetland mitigation
work, no clearing grading or building construction shall occur within the
wetland mitigation area, except as may be required by other agencies
with jurisdiction and as maybe authorized by the Public Works or
Planning Director for protection of public health, safety and welfare;
maintenance purposes; passive recreation feature, or contingency
mitigation work.
9. The wetland mitigation areas shall be clearly delineated on all
site plans approved by the City, indicating the purpose and limitation of
uses within the area.
10. The purpose and intent of the following condition is to discourage the
uncontrolled intrusion of humans into the wetlands mitigation area. The
following information and improvements shall be provided:
a. Permanent interpretative and notice signs shall be
installed and maintained along the perimeter of the wetland
mitigation area. The interpretive signs shall indicate the location,
type of vegetation and wildlife species present, and restrictions
related to the use of the wetland mitigation area. Notice signs
shall indicate the wetland type and restrictions related to the use
of the wetland mitigation areas.
b. The wetland mitigation area (Thormod site) shall be
encumbered by a public open space, conservation easement granted
to the City of Auburn. The easement shall state that any uses within
the easement area shall be as approved by the Planning Director. The
uses shall be consistent with the wetland mitigation area and shall be
a general benefit to the public.
62
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
Evidence that the easement has been executed and recorded is
required prior to allowing spectators on the racetrack site.
B. A wetland maintenance plan for the regional storm drainage facility in the
northwest corner of the racetrack site shall be prepared by a wetland biologist and
submitted and approved by the Planning and Public Works Directors prior to the
issuance of a permit allowing earthwork within or proximate to the wetlands
identified on the track site. The plan shall be designed to reduce project impacts
from construction and operation of the regional storm drainage facility and shall
demonstrate the compatibility of the wetland enhancement and operation and
maintenance of the storm water facilities. The operation and maintenance
requirements of the storm drainage facilities shall be defined including a
maintenance schedule.
The areas shall be revegetated with wetland vegetation that will improve water
quality and survive the increased inundation expected. Further, a vegetative screen
composed of native plants shall be constructed between the developed portions of
the site and the regional storm water facility in the northwest corner of the site
which contains wetlands. Planting of the constructed fill slopes may be used to
satisfy this requirement. Plantings shall be completed prior to allowing horses on
the site.
Maintenance of the wetland portion of this facility shall be allowed, but shall be
limited to cutting and/or removing of vegetation above the ground (e.g., mowing,
rotary cutting) and removal of accumulated debris and sediment. No excavation,
discing or similar regulated activities under Section 404 of the Federal Clean Water
Act, shall occur without first obtaining necessary authorization from the U.S. Army
Corps of Engineers.
The plan shall include elements 2 through 9, except element 7, as appropriate from
Condition 4.A. above. However, monitoring and security shall be limited to three
years uniess extended.
C. A wetland buffer plan for the off-site wetland south of the track site shall be
prepared by a wetland biologist and submitted and approved by the Planning and
Public Works Directors prior to the issuance of a permit allowing earthwork within
or proximate to the wetlands identified on the track site,. The buffer plan shall
include planting the constructed fill slopes along the east side of the south vehicle
entrance with native vegetation to provide a vegetative screen. Fencing shall also be
provided along the entire southern boundary of the site.
63
CITY OF AUBURN
AGENDA BILL APPROVAL FOBM
Agenda Subject: Public Hcaring- Application No. CUP0001-93 - La Terra Limited Partnership
Prior to the issuance of any building permits, an appropriate security equivalent to
the cost of all work necessary to establish the buffer 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
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.
D. The proponent shall identify provisions for any off-site wetland impacts
resulting from required transportation and utility improvements and appropriate
mitigation measures. Additional impacts may require additional environmental
review.
Nois~
A. The proponent shall prepare a noise attenuation plan that addresses the
existing non-conforming residence adjacent to the northeast corner of the site. The
plan shall be prepared by a professional noise consultant. The plan shall provide for
noise mitigation measures that will attempt to lower the noise level of the operation
of the track at the adjo~nlng property line to 10 decibels below the minimum
standard as outlined in WAC (Washington Administrative Code) 173-60-040.
The plan shall be reviewed by the Planning Director. The Director shall decide
which mitigation measures are to be implemented that would most reasonably
achieve the goal of lowering the decibel level. The plan shall contain provisions for
monitoring. It shall be the responsibility of the proponent to provide to the City
periodic noise monitoring reports. The monitoring shall be done by a qualified
independent consultant approved by the City and paid for by the proponent. The
monitoring shall be done periodically dur/ng the first year of racing. The City shall
determine when the noise monitoring should occur and shall include peak events,
evenings and weekends. If the noise levels are exceeded, then the track operator
shall prepare a mitigation plan, including time frames for implementation of
additional mitigation measures to be approved by the Planning Director. If the
reduced standard is not met, then the Planning Director shall determine the most
reasonable additional mitigation possible. Mitigation measures such as noise walls
or landscaping may be considered. If, in the City's opinion, after best efforts are
made, noise levels continue to exceed standards, no further action shall be required.
The plan shall be submitted prior to issuance of construction permits.
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. C~I-93 - La Terra Limited Partnership
6. Aesthetics
A. The west facade of the grandstand structure shall be designed in a manner
that would mitigate any adverse aesthetic concerns viewed from the adjacent
roadways or the Interurban Trail. Modulation (or similar architectural features)
color scheme or landscaping, or a combination of these elements shall be
considered.
B. The proponent shall identify all significant trees (as defined by Section
18.50.030(E) of the Zoning Ordinance) on the site for review by the Planning
Director. The Planning Director shall be authorized to allow removal of those
significant trees necessary for construction of the project. The four horse chestnut
trees that are south of 29th Street N.W. will be retained.
All trees to be retained shall be flagged, protected from construction activity, and
shown on the landsCape plans.
C. Adjacent to both sides of "H" Street NW there shall be planted deciduous
trees 30 feet on center, and 2 to 2-1/2 inches in diameter at the time of planting.
The trees shall be planted starting at the south boundary of the south parking lot
then continue south approximately one thousand (1,000) feet. These trees are in
addition to those otherwise required for the ~I" Street frontage through the
racetrack itself.
D. A comprehensive sign plan shall be prepared for all on-site and any potential
off-site, non-directional signage. For the purposes of this section, directional
signage is defined as including signs whose primary purpose is to identify means of
egress or ingress, location and ufLlization of parking and/or the loCation of buildings
and facilities on the site. The sign plan shall provide a coordinated and consistent
graphic design package for all directional and non-directional signage. Non-
directional signage shall further be limited as to location with no more than one
free-standing sign oriented towards any major road frontage to minimize visual
clutter. For the purpose of regulation, the proposed internal street shall be
considered as a street frontage even though its formal dedication is being postponed
to some point in the furore defined elsewhere in this document. Signage shall
further comply with appropriate provisions of the sign ordinance pertaining to single
tenant buildings. In instances where strict conformance with the ordinance presents
a hardship, the City may consider granting variances. Two potential issues for
consideration include the distance of the site from Highway 167 and the need for
65
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
o
off-site signage on 15th Street. It shall be the applicants responsibility to
demonstrate that the request satisfies the criteria needed to sustain a variance.
E. A landscape plan shall be prepared that illustrates the requirements of this
permit and the Zoning Ordinance. l ondscaping features shall be used to soften the
amount of paving and building coverage.
F. Plans are required by this condition (6) and shall be approved by the
Planning Director. Condition 6B shall be approved prior to issuance of construction
permits. Conditions 6A, C, D and E shall be approved prior to issuance of building
A. All exterior lighting shall be designed and constructed such that the direct
illumination does not unreasonably "spill over" on the adjoining property or be an
impact to the operation of the Auburn Airport. Cut off luminaries and directional
lights shall be considered. The lighting used for television coverage of the races
shall be designed so that it can be dimmed between races.
B. The roof tops of all structures and the eastern facade of the grandstand shall
be constructed of materials that reduce glare so as to not be an impact to the
operation of the Auburn Airport.
Archaeolo~cal/Cultural/Histori~!
In the event any archaeological or cultural resources are found on the project or
mitigation sites, work must be halted in an area large enough to maintain integrity.
The City of Auburn, the Office of Archaeology and Historic Preservation, and (for
Native American artifacts) the Muckleshoot Indian Tribe, as appropriate, shall be
immediately notified. Measures shall be taken to document or protect the
resources.
Prior to allowing spectators on site, the proponent shall provide a written record of
the Kosai and Lunn sites' historical usage for agricultural production, subject to the
approval of the Planning Director. At a minimum, the record shall include available
photographic documentation and a written narrative detailing the Kosal and Lunn
sites' history, ownership and documentation of any unique or interesting
architectural or historical features associated with the site. Prior to allowing
spectators on site, a permanent display including text and photos shall be provided
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agen0a Subj.: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
in a public area of the racetrack facility that discusses the association of the project
sites with prior ownership and farming by the Kosai and Lann families.
Fire and Emergency. Services
A. The operator will need to provide the Fire Department with an acceptable
emergency operations plan that provides a hazard vulnerability analysis, details for
evacuation and outlines the actions that will be taken to successfully mitigate an
emergency incident on site. This would include emergencies and disasters such as
fire, earthquake, hazardous materials incident, etc. The plan must be approved by
the Fire Chief prior to horses being allowed on site.
B. The Operator will need to provide the Fire Department with an acceptable
internal and external access and egress plan that will provide multiple entries and
on-site roads suitable for emergency use. Emergency access doorways and
connecting pathways shall be coordinated and approved by the Fire Marshal and the
Building Official. Because the expected capacity at peak events assumes an
occupant load outdoors, the plan shall include how the outside uncovered occupancy
load will be restricted from overcrowding the sheltered areas during inclement
weather. The plan must be approved by the Fire Chief prior to horses being
allowed on site.
C. The project should provide the funding for an on-site fire inspector hired by
the City to augment existing City fire inspection staff due to the size of the
development and development time lines. Section 2.302 of the 1991 edition of the
Uniform Fire Code provides for this and will speed inspection acceptance through
the construction phase of this project. This inspector may also be charged with site
inspection for Building Code acceptance if such service is required through Section
306 of the 1991 Uniform Building Code and approved by the Building Official.
Such inspector shall be qualified and approved by the Fire Marshal and Building
Official.
D. In lieu of participating in the purchase of a new ladder truck, the proponent
may employ one or more qualified persons, as required and approved by the Fire
Chief, to be on duty at all events (See Section 25.117 of the 1991 Uniform Fire
Code). At least two EM'I's approved by the Fire Chief shall be present at each
evenL Up to eight fire personnel may be required for peak attendance days. The
amount of staffing and their responsibilities shall be determined by the Fire Chief.
67
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0~01-93 - La Terra Limited Partnership
10. Police
The proponent shall prepare a security plan to be approved by the Police Chief.
The plan shall address the construction phase and the operation of the racetrack
itself. The security plan for the construct/on phase shall be approved prior to
issuance of any construction permit. The security plan for the operation phase shall
be approved prior to allowing spectators on site.
The proponent shall also prepare a plan for the use of traffic control personnel at
public street intersections. The Police Chief shall establish the proper training and
qualifications of such personnel. If City police are used, then the applicant shall
enter into contractual arrangements with the City for the compensation of the police
personnel.
A. The proponent shall prepare an Animal Waste Management Plan consistent
with the discussion on page 2-9 and 2-10 of the FEIS. The plan shall be approved by
the Public Works Director and the applicable mitigating measures implemented
prior to horses being allowed on site.
B. The proponent shall prepare a recycling plan consistent with the City's
policies on recycling. The plan shall be approved by the Public Works Director
prior to spectators being allowed on site.
12. Water
A water conservation plan with measures similar to those listed as mitigation
m.easures on page 3-103 of the FEIS, shall be prepared and submitted to the City
prior to approval of building permits.
A. A construction entrance plan shall be prepared by the proponent and
approved by the City Engineer prior to the issuance of any construction permit. The
number and location of entrances shall be limited and shah be designed to avoid
conflict with existing traffic. The entrances shall either be paved or provided with a
similar hard surface, e.g., quarry spalls. The entrances and adjacent streets shall be
cleaned as required by the Building Official during construction.
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Subject: Public Hearing - Application No. CUP0(g)l-93 - La Terra Limited Partnership
B. Haul routes related to construction vehicles, transport of core;truction
materials and equipment, shall be restricted to haul routes approved by the City
Engineer. Haul routes shall avoid, where practical, the homes adjao~nt to the track.
A haul route plan shall be prepared by the proponent and submitted to the City
Engineer for review and approval prior to issuance of construction permits.
If, in the opinion of the City Engineer, such hauling will adversely impact the street
network, the integrity of the street structure, or the adjoining homes, hauling hours
may be limited to appropriate off-peak hours, certain days of the week, or routes
may be changed as appropriate.
C. Prior to issuance of any construction permits, the proponent Shall satisfij the
City Engineer that the proponent has made a good faith effort to enter into an
agreement pursuant to a schedule and conditions agreed to between the applicant
and the Washington State Department of Transportation (WSDOT), such that the
proponent shall be responsible for paying the WSDOT up to $508,85.5 to be used
specifically for the cost of preliminary design and construction of High Occupancy
Vehicle lanes on State Route 167 between Central Avenue (Kent) and 15th Street
S.W. (Auburn). If the HOV project is not committed for construction within five
years then the residual of the $508,855 not paid to the WSDOT shall be paid to the
City to be used for other transportation improvement projects that benefit both the
regional transportation system and the project.
The agreement shall be executed between the proponent and WSDOT prior to
spectators being allowed on site.
(Note: The following condition (#13D) is in regard to the Ci~s planned north/south
arterial that runs through the site. This condition addresses the dedication, construction
and use of the arterial).
D. Prior to allowing spectators on site, the proponent will comple~Ie construction
of a roadway commencing at the intersection of 16th Street N.W. and the City's
existing 40 foot wide "H" Street right-of-way to the southerly boundary of the site
(the "Off-Site Roadway"), and from the southerly boundary of the site to the
northerly boundary of the site (the "On-Site Private Roadway").
1. Off-Site Roadway
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subje~ Public Hearing - Application No. CUP0001-93 - La Terra Limited Pannership
a. Dedication
Following completion of construction of the Off-Site Roadway (as described
below), the proponent will dedicate a 36.5 foot wide fight-of-way easterly of
and adjacent to the City of Auburn's existing 40 foot wide right-of-way for 'H
street together with a triangular-like parcel of land extending southwesterly
of a curve having a radius of 150', said curve lying tangent to 16th Street
N.W. and the easterly line of said 36.5 foot strip, together with the Off-Site
Roadway improvements constructed thereon.
b. Construction
The Off-Site Roadway will consist of four driving lanes, to be constructed
within the westerly 60 foot wide portion of the collective right-of-way, as
generally depicted on the cross-section attached hereto and incorporated
herein by this reference as RWS-1 (see attachment #16).
On-Site Private Roadway
a. Contingent Dedication of On-Site Right-of-Way
Prior to issuance of any construction permits, the proponent shall execute an
agreement (the "Contingent Dedication Agreement") and dedication in
recordable form acceptable to the City Attorney, providing for a contingent
dedication of right-of-way through the project site (the nOn-Site Right-of-
Way").
b. Alignment Options
The COntingent Dedication Agreement shall provide that the ,On-Site Right-
of-Way shall, at the City's election made at the time of activation of
dedication be either the 'Curved Right-of-Way" or the "Straight-Line Right-
of-Way~. The alignment of the Curved Right-of-Way shall be as described
below and as depicted on the sketch attached as Exhibit ROWA-1 (see
attachment # 16), and the legal description of same shall be set forth in the
Contingent Dedication Agreement. The ali~tmmcnt of the Straight-Line
Right-of-Way shall be as described below and the legal description of same
shall be set forth in the Contingent Dedication Agreement.
i. Curved Right-of-Way: The Curved Right-of-Way shall be as follows:
CITY OF AUBURN
AGENDA BI[~ APPROVAL FORM
Ag:naa Subj~t: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
· South Straight Section
76.5 feet wide from the southerly boundary of the project site
to a point approximately 660 feet south of the south margin of
29th Street N.W.,
Curved Center Section
66 feet wide from a point approximately 660 feet south of th~
south margin of 29th Street N.W. to a point approximately 705
feet north of the north margin of 29th Street N.W.,
· North Straight Section
76.5 feet wide from a point approximately 705 feet northerly of
the north margin of 29th Street N.W. to a point approximately
1,395 feet northerly of said north mar~n; and
· North Curved Section
66 feet wide from a point approximately 1,395 feet northerly of
the north margin of 29th Street N.W. to the south margin of
37th Street N.W.
Straight-Line Right-of-Way: The Straight-Line Right-ot:Way shall be
as follows:
· Extended South Section
76.5 feet wide from the southerly boundary of the site to the
south margin of 29th Street N.W., and
· Extended North Straight Section
76.5 feet wide from the north margin of 29th Street N.W. to a
point 1,395 feet northerly of the north margin of 29th Street
N.W.
· North Curved Section
71
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. C~1-93 - La Terra Limited Partnership
66 feet wide from a point approximately 1,395 feet northerly of
the north margin of 29th Street N.W. to the southerly margin
of 37th Street N.W.
c. Timing of Activation of Dedications: The Contingent Dedication
Agreement shall set forth the conditions under which dedicat~ion shall be
activated, as follows:
i. Activation of Dedication of the entire On-Site Right-of-Way:
Activation of Dedication of the entire On-Site Right-of-Way shall
occur when each of the following conditions are met:
(1) Any two of the following arterial corridors reach LOS D
or below (as determined by actual traffic counts conducted in
such corridors) for the arterial corridor.
· 15th Street NE/NW, Auburn Way No~th to West
Valley Highway
· 37th Street NE/NW, Auburn Way North to West
Valley Highway
· S. 277th/52nd Street NE, Auburn Way North to West
Valley Highway
· Auburn Way North, 15th Street NE to 52nd Street
NE
· West Valley Highway, 15th Street NW to S. 277th
Street
· B Street N.W., 15th Street N.W. to South 277th Street
(2) The City has determined that the portion of the planned
north/south arterial between 15th Street N.W. ~rtd 37th Street
N.W. is needed to serve the traffic circulation needs of the
City. Such determination will be made as follows:
When condition D.2.c.(1) above is met, the City will perform
an analysis to determine if a public arterial is needed through
crrv OF AUBURN
AGENDA BILL APPROVAL FORM
Subject: Public Hearing - Applicafioo No. CUP0001-93 - La Terra Limited Partnership
the project site from 15th Street N.W. to 37th Street N.W. to
serve the traffic circulation needs of the City. ]if the analysis
indicates that the arterial is needed, the City Engineer shall
provide the analysis to the proponent, who sha]il have sixty (60)
days to review and comment. After the comment period, the
City Engineer shall prepare a recommendation to the City
Council. The City Council shall determine wbether the arterial
is needed.
ii. Activation of Dedication of the On-Site Right-of-Way from
29th Street N.W. to 37th Street N.W.: Activation of Dedication of the
On-Site Right-of-Way from 29th Street N.W. to 37th Street N.W. shall
occur when the Public Works Director has determined[:
(1) that the portion of the On-Site Right-of-Way
from 29th Street N.W. to 37th Street N.W. is necessary
to serve traffic drculation needs assodated with
occupancy of properties located west of the racetrack
site and east of Highway 167 between 15th Street N.W.
and 37th Street N.W. pursuant to a devellopment permit
issued by the City; or
(2) that any previously permitted industrial
development along the M Street corridor from 15th
Street N.W. to 29th Street N.W. has requested that the
On-Site Right-of-Way from 29th Street N.W. to 37th
Street N.W. be made available for purposes of its traffic
circulation.
d. Reservation of Property Right over Dedicated Right-of-Way
The Contingent Dedication Agreement and dedication shall include a
reservation by the proponent and its heirs and assigns, of the right to
use two of the five lanes of the roadway constructed within the On-
Site Right-of-Way, those lanes being the easterly-most and westerly-
most lanes, for event parking purposes. The reservation shall include
indemnification and insurance provisions acceptable to the City
Attorney. The reservation by proponent shall be until such time as
the City determines that an additional lane or lanes are necessary to
serve the arterial system of the city as established by an analysis
indicating that the additional lanes are needed. The City Engineer
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
A~Naa Subject: Public Hearing - Application No. ~1-93 - La Terra Limited Partnership
shall provide the analysis to the proponent who shall ]have 60 days to
review and comment. After the comment period the ,City Engineer
shall prepare a recommendation to the City Council amd City Council
shall determine if lanes are needed and if so how many.
e. Right-of-Way Use Permit
At the time of activation of dedication of any portion .of the On-Site
Right-of-Way, a right-of-way use permit is then issued to facilitate
mutually acceptable uses of portions of the public right-of-way for the
proponent's purposes and shall address access to and ~thin the
project site during any construction activities performed by or on
behalf of the City within the On-Site Right-of-Way, the location of
security fencing, driveways and gates, and provisions for traffic control
including at a minimum, temporary lane closures and use of reversible
lanes.
f. Construction of On-Site-Roadway: The On-Site Private
Roadway will be constructed in concept within the Curved Right-of-
Way as described on the cross-sections attached hereto and
incorporated herein by this reference as Sections RWS-2, RWS-3,
RWS-4, and RWS-5 (see attachment #16). All structurai design to be
approved by the City.
g. Ditch Cleaning: If the roadway alignment does not allow for a
maintenance access road to maintain the ditch east of the UPRR
grade, and after final design it is determined that City equipment is
not capable of performing the ditch maintenance function, the
proponent agrees to reimburse the City for equipment rental fees
associated with ditch cleaning to be performed as needed and not
more frequently than annually.
E. ' Prior to issuance of any construction permits, the proponent shall be required
to enter into a mitigation agreement to participate in the Traffic Signal Interconnect
Project on a pro-rata share of $6500 based upon the estimated cost to mitigate the
impacts to the following:
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Parmership
STREET E/W STREET SITE TOTAL
TRA~'FtC TRAFFIC
PERCENTAGE
OF IlVIPACT
SR 167 SB 15th ST NE 299 2433 12.29
SR 167 NB LSth ST NE 389 2116 18.38
West Valley Hwy 15th ST NW 10 1450 0.69
Auburn Way North 37th ST NE 100 2450 4.08
Auburn Way North 3(Rh ST NE 100 2983 3.35
Auburn Way North 22nd ST NE 40 2708 1.48
Auburn Way North 15th ST NE 60 1850 3.24
Auburn Way North 8th ST NE 60 2260 2.65
Auburn Way North 4th ST NE 60 3060 1.96
Harvey Rd I ST NE 60 2290 2,62
Harvey Rd 8th ST NE 20 2210 0.90
M ST NE 4th ST NE 40 2230 1.79
C ST NW lSth ST NXV 120 2686 4.47
A ST NE lSth ST NE 120 2430 4.94
D ST NE lSth ST NE 60 2463 2.44
F. Prior to issuance of any construction permits, the proponent shall satisfy the
City Engineer that the proponent has made a good faith effort to enter into a
mitigation agreement with King County to participate in the improvement of the
following locations in a manner that is suitable to King County and consistent with
the impacts identified in the FEIS.
1. South 277th Street/Star Lake Road/55th Avenue South
2. Military Road/South 272nd Street
If an agreement is required, it shall be executed between the proponent and King
County prior to spectators being allowed on site.
G. Prior to allowing spectators on site, the proponent shall be responsible for
completing the following improvements:
1. The intersection at 37th Street and the main north/south access
through the track site shall be signalized and shall allow for further extension
of the roadway to the north.
2. Upgrade the existing traffic signal at 37th Street NW and West Valley
Highway to current standards and add protected left turn phases for
eastbound and westbound traffic. Add a westbound right-turn ]lane.
75
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
3. At the 15th Street NW and Southbound SR 167 intersection: convert
the westbound through lane to a left/through lane, add an eastbound right
mm lane, and add a southbound left turn pocket with appropriate lane
widening.
4. At the intersection of 15th Street NW and "C" Street NW, add a
second eastbound left-mm pocket, add a westbound right-mm lane, and
modify the northbound right-mm lane to be a through/right-tm:n lane.
Upgrade the traffic signal as necessary to reflect these intersection
improvements.
H. The following improvements shall be substantially complete prior to allowing
spectators on site. If there are delays in securing right-of-way, permits, or other
unforseen problems, then the City Engineer may extend the deadline for the
completion of the improvements until opening day of the next live racing season. If
the deadline for the improvement is to be extended, the proponent must have a
design, construction schedule, contract and a contractor's performance bond
approved by the City Engineer.
1. Add an eastbound right mm lane, a westbound right/through lane,
and add protected/permitted westbound left turn signal phasing at the
intersection of West Valley Highway and South 277th Street.
2. The following improvements to "B" Street N.W. are required:
a. Signalize the intersection of S. 277th and "B" Street N~W. and
signalize the intersection of 37th and "B" Street N.W. Temporary
(e.g., span wire) construction may be allowed for the signals.
b. At the 277th intersection, construct north bound left and right
mm lanes on "B" Street. At the 37th Street intersection, ,:onstmct a
south bound left mm lane and right/through lane on "B" Street. The
north bound approach to the intersection at 37th Street s]hall be
improved to align with the mm lanes on the south bound approach.
c. If the City secures grant funding to construct the ~l?/I-I" Street
arterial, from 37th Street NW to 44th Street N-W, then the
improvements outlined in Condition (H, 2) will not be required. The
traffic signal interconnects, as described in Condition (H, 3), will not
be required for the two "B" Street intersections. Interim traffic
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
,%,en~a Subject: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnership
management measures may be required to accommoda~te the track's
traffic during construction of the arterial.
3. The traffic signals at 37th Street NW and B Street NW, 37th Street
NW and West Valley Highway, S. 277th Street and B Street NW, and the
newly created intersection at the north-south arterial and 37th Street NW
shall be interconnected and shall include a master controller in the system
which will be included in the City-wide signal system.
I. A portion of 29th Street is proposed to be vacated which will preclude
through public access between the two railroad lines. If the City Council vacates the
street, public access for those properties that are on 29th and not part of the track
shall be provided.
Emergency access as approved by the Fire Chief shall also be provided through the
site using the 29th Street vacated right-of-way. Appropriate utility easements shall
also be provided as part of the street vacation.
J. If necessary, the City agrees to use its power of eminent domain to acquire
the right-of-way necessary to implement conditions 13 G and H. The proponent shall
be responsible for all costs associated with the process including, acquJisition, legal
fees, recording, notices, advertising, etc. The proponent shall provide to the City, all
necessary surveys, drawings, etc., that the City requires for the emineml domain
process.
IC A signing plan shall be developed by the proponent and approved by the City
Engineer. It shall be implemented to reduce confusion and direct Site-generated
traffic to the most preferred routes. The signing plan shall include regional and
local jurisdiction roadways. Coordination with, and approval by the appropriate
jurisdiction will precede implementation of the signing plan. Si~i,~g s]hall include
destination and route guide signs, and may be of a changeable message type, with
the approval of the appropriate jurisdiction. The signs shall be in place prior to
allowing spectators on site.
L. The proponent shall develop and implement a transportation management
plan at least equal to those developed for Commute Trip Reduction legislation.
The plan shall include provisions to reduce patron and employee SOV (single
occupancy vehicle) travel. The proposed Transportation Demand Martagement
plan, as outlined Appendix D in the Final Supplemental Environmental Impact
Statement, shall used as a guide in the preparation of the T.D.M. Plan. The
T.D.M. Plan shall also contain provisions to monitor its effectiveness, consider a
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Public Hearing - Application No. C~1-93 - La Terra Limited Partnership
14.
commuter rail stop adjacent to the track, and contain measures that would reduce
the conflict of speciai marketing or other promotions during the Friday p.m. peak
hour. The plan shall be approved by the Public Works Director prior' to allowing
spectators on the site.
M. The proponent shall be responsible for developing and implementing a
signing plan to prevent racetrack spillover parking impacts to the adj,,cent roadways.
The plan shall be approved by the City Engineer prior to allowing spectators on site.
N. The proponent shall be responsible for making the following improvements,
prior to allowing spectators on site, to the Interurban Trail:
1. Convenient and safe access shall be provided from the trail to the
racing facility. Adequate bicycle parking facilities shall be pro,tided in
convenient locations near the grandstand.
O. Should the City secure grant funding for the construction of the proposed
"F/H" Street areterial, between 15th Street NW and 44th Street NW, then the
proponent will be obligated to pay its fair share of the local cost of the project.
P. For those improvements listed in Conditions 13 (G) and (H), fi~r which other
property owners and developers are obligated to contribute funds by existing traffic
mitigation agreements, the City shall collect those funds to be used for' the
construction of permanent improvements that may be required by Cortditions 13
(13) and (H).
A. Revisions to the parking lot plan shall be made to reflect a more uniform
distribution of the required landscaping.
B. The number of driveways that interface with the main north/south street
shall be reduced if needed to promote traffic safety. The Public Works. Director
shall determine the appropriate number given the interior access requirements of
the parking lot.
C. A parking management plan for the on-site operation of the parking lots
shall be prepared by the proponent. The plan shall consider the use of a shuttle bus
if needed to more effectively serve the north parking lot and to alleviate any
emergency access restrictions. The plan shall provide for the most reasonable
assurances possible that the on-site parking will be used by the patrons as opposed
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
.Agenda Subject: Public Heating - Application No. CUP0001-93 - La Terra Limited Partnership
15.
16.
17.
18.
19.
20.
to the using any non-planned off-site parking areas. The plan shall be approved by
the Planning Director prior to the allowing spectators on site.
Note: the following are general conditions that will also apply to the project.
The project shall be constructed substantially in compliance with the site plan as
illustrated by attachment #13. The Planning Director is authorized to approve
revisions to the site plan as needed to comply with the provisions of t~his permit or
other code or ordinance requirements.
Prior to the approval of any plan that proposes a use or activity on those portions of
the site that have underlying easements or other title holders, the proponent shall
provide evidence that the proposed use or activity on the affected parcel is
consistent with the legal rights of the proponent, the easement or other title holder.
This conditional use permit shall be implemented by an agreement between the
applicant and the City of Auburn. The agreement shall encompass the entire
racetrack site and wetland mitigation area and shall be legally described as such.
The agreement shall contain all of the conditions of this conditional use permit.
The agreement shall be signed by the City and the proponent and track operator
prior to the issuance of construction permits. The City Attorney shall be responsible
for the format and preparation of the agreement.
For the purposes of this ordinance, the term proponent shall refer to the current
owners together with their heirs, assigns and successors, of the property as legally
described in this ordinance.
Any plan, study, or analysis required to be submitted by the proponent 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
proponent's option be submitted separately or as part of any permit application.
The proponent shall make a good. faith effort to work. with the City to obtain grant
funding for public infrastructure Improvements identified here and in the FEIS. If
funding is received, it shall be used in part towards the proponent's financial
obligations for public infrastructure improvements.
For the purposes of this permit, the following terms shall have the following
meaning:
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subiect: Public Hearing - Application No. CUP0001-93 - La Terra Limited Partnerslicip
21.
22.
23.
A. Construction Permits: These are permits related to any buiMing
construction, earthwork (i.e., grading, filling, excavation), street and utility
construction.
B. Building Permits: These are permits related to any permanent structure.
For the purposes of implementing the conditions of this ordinance, the Building
Official may allow the occupancy of the racetrack facility to occur in. phases. There
shall generally be two phases: the first phase shall require the implementation of
those conditions prior to allowing horses on the site. The second phase shall require
the implementation of those conditions prior to allowing spectators on the site.
This condition does not lessen or otherwise affect any provisions of the Uniform
Building Code with regard to Certificates of Occupancy.
This permit shall allow for a thoroughbred horse racing facility and its attendant and
accessory uses. During the off-racing season, satellite (simulcast) racing is
permitted. During the off-season, the restaurants, meeting rooms and related
facilities may be used for non-racing functions. All other uses must be as allowed by
the underlying zoning on the property.
Amendments to this ordinance may occur as follows:
A. The Planning D/rector may interpret the words and meaning of certain
conditions in order to resolve conflicts in implementation. All words in the
ordinance shall carry their customary and ordinary meaning.
B. If changes to the language of the ordinance are required, such proposed
changes shall be reviewed by the Planning and Community Development
Committee of the City Council, or its successor.
If the change is minor, then the Committee shall make a recommendation to the
City Council. If the change is major, 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 Council.
Amendments to this ordinance may be initiated by the proponent or its successor.
HE\APP\STRCl-93
LIST OF ATFACHMENTS
#1
~2
#3
#4
#5
#6
#7
#8
#9
#10
#11
#12
#13
#14
#15
#16
#17
Existing Roadway Conditions
PM Peak Hour Traffic Volumes
PM Peak Hour Freeway Volumes
PM Peak Hour Freeway Volumes
PM Peak Hour Intersection LOS
PM Peak Hour Freeway Levels of Service
PM Peak Hour Freeway Levels of Service
PM Peak Hour Freeway Levels of Service
Arterial Street Plan
Intersection Mitigation Summary for No Action Alternative and Proposed Project
Mitigation Improvements for Proposed Action Alternative
Related Comprehensive Plan Goals, Policies and Objectives
Conditional Use Permit Application
Site Plan
Vicinity Map
Right-of-Way Construction Standards Regarding Condition # 13D
Letters
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SR 516
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Desired LC~ no( PraM~y Attainable
PM PEAK HOUR
INTERSECTION 1OS
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SR 18
SR 18
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$ ~77'n.I ST
ARTERIAL STREET PLAN
NORTHWEST AUBURN
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A1 DACHMENT #9
1994 INTERSECTION MFFIGATION SUMMARY FOR
PROPOSED PROJECT
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2. r;Ta SUSa ~67 SB Nme Add ~J
3. 277~b St.~R 167 NB ~ Nc~
a. 277th SUB St N.W. SJfndize (~-bour vobne Sifndl2e (ped~-hour,~iunc wum~ m~
S. 37th SL N.W~Wesl VM~y Adju~ ~gml phase Img~b~ ~ WB
7. 37~ SL N.WJAu~ Wy ~ ~ SB
9. I~ S~ N.W~ 167 ~ ~
11.15~ SC N~AaM Wy ~D~ ~Cm~
12.1~N~~ ~
13. ~ SL N~M Wy b
Att m *lO
A~FACHMENT # 12
RELATED COMPREHENSIVE PLAN GOALS. POLICIF.~ AND OB. IECVIV~S
Policy:.
2.1.1.
Areas on the valley floor which are suitable to support large scale economic development projects should be
reserved, for the most part, for uses which support Auburn's role as a regional employment and commercial
center (to be known as the Region Serving Area -- See Map B). ~
Objective 3.2. To provide fle~dbility for major new commercial or industrial developments to respond to cha~ng
market conditions without threatening the puspose~ of this Comprehensive Plan.
Policies:
3.2.1. Ordinances regulating developing commercial or industrial areas should be based on performance standards
which provide flma~oility to respond to market conditions.
3.2.3.
i 5.2.1.
~5.2.3.
Review procedures for new commercial and industrial developments should be integrated with SEPA as much
as poaaibl¢.
The growth impact of major development propo~l~ on commBBiu] facilitY, amenltius and sel~iCes, as well as
the Cites general qu~l!~y of life, shall be thoroughly studied under the provisions of SEPA prior to
development approval Mitig~t;ng measures to en~ure conformance with thi~ Plan ~h~l! be required where
appropriate.
Regional scale development shah be encouraged to provide a balance between regional service demands and
impacts placed on the Cites quality of life verses thc local benefits derived from such development. (Res.1814)
5.3.2.
Development shall be allowed only when and where all public facilities arc adequate, and only when and
where such development can be adequately sel~,cd by essential public services without reducing level of
service clsewltcre.
5.3.3. If adequate facilities are currently unavailable and public flmds re not committed to provide such facilities,
develol~rs must provide such facilities at their own expense in order to develop.
5.3.7.
The City ahnll encourage the safe, efficient and convenient transportation of people and goods, and shall
encourage and approve development only where adequate transportation facilities exist or will be made
available prior to project occupancy or use. Emphasis should be placed on thc adequacy of street s~stems
(throngh such measure as *level-of-service' standards) and storm drainage systems. (Re& 1973)
GOAL 6. To maintain and enhanc~ thc character of Auburn as a family community by placing priority on fnmily
values, while managln~o potential economic opportunities in a manner that provides necessary employment
and fi.wzi support for needed services, and while respo~a;~g to the need to provide affordabl~
Policy:.
6.2.2.
Within areas de-~i?med for economic development the City ~hnll actively promote desired types of
development in order to assure an expapding range of employment opportunities and to build the Citys fiscal
base.
A~FACHMENT #12
GOAL 8. To ensure a quality visual environment through appropriate design standards and procedures.
Policies:
8.1.1. Thc City shall encourage development which maintains and improves the e~dsting aesthetic character of thc
community. (Res. 19~3)
8.1.6. Development along the inter-urban bike trail shall be compatible with the trail and buffering measures shall
be used where appropriate.
8.1.7. Above ground storm drainage facilities shall incorporate high standards of design to enhance the appearance
of a site, and preclude the need for security fencing, Where pos.~'ble, above ground storage facilities shah be
located within rear or side yard areas. When visible from an adjacent street corridor or adjoining property,
the above ground facility shall be designed as an amenity of the site. W~thln front yard areas, above ground
storage and swale conveyance facilitlcs shall be designed with minlraai side slopes, and may be incorporated as
an enhancement of required landscaping areas. Above ground facilities shall be vegetated and properly
maintained to the maximum extend feasible without impairing storage capacity or function. (Rcs. 2146)
8.2.1. The visual impact of large new developments should be a priority consideration in their review and approval
GOAL 9. To assure a diversified economic base through the promotion of quality industrial and commercial
development which matches the aspirations of the community.
Policlcs:
9.1.1. Auburn should continue to provide an economic base not only for the Auburn area but for the south King
County and northern Pierce County region.
Policies:
9.1.4. Land suitable for large scale development in the Region Serving Area of thc City should be identified and
designated for economic development.
a. The integrity of large, contiguously owned properties suitable for industrial use should be conserved by
use of appropriate industrial subdivision standards.
b. The City should identify and resolve any environmental constraints affecting such land by means of thc
appropriate environmental review procedures as early as feasible.
c. The need to support such land with thc necessary infrastructure should be considered in thc
developmcnt of the Cites public facility plans.
9.1.5. The Auburn Downs (a proposed harness racing track) project offers oppornmi~i,..s for economic
diversification which should be built upon by the City.
Objective 11.I. To continue to enha~ee and maintain the quality of surface water, ground water,and shoreline
resources in the City and Region. (Res. 19~3; Res. 2146)
Po~des:
11.1.2. The City ~hnll seek to mlnlmiT~ surface water q.~lity degradation and the sedimentation of creeks,
streams, rivers, ponds, lakes and other water bodies; to preserve and enhance the sHitability of such water
bodies for contact recreation and fi~hlng and to preserve and enhance the aesthetic quality of such waters.
ATTACHMENT # 12
Objective 11.2. To maintain and enhance the quality of surface and ground water resources in the City and Region.
(Res. 2146).
Poli6es:
11.2.5.
Wherever feasible, storm drainage should be conveyed through above ground vegetated swales to provide
natural bio£fltration of pollutants and sedimentation. In all new development, natural bio£fltrafion or other
approved treatment measures shall be required prior to dischar~n~ storm waters into environmentally
sensitive areas (c.g. we~tlnnd.% rivers). (Res. 2146)
11.2.6.
The City reco?D~s that drainage and water quality impacts can be passed on cxtcrn~!!*cd to downstrcm
communities, thc City shall continue to actively participate in developing and implementing regional water
quality plannin~ efforts within the Green River, Mill Creek and Stuck River drainage b~sins:CRes. 2146)
11.2.7.
Thc City reco?iTcs thc value and cfficicncy of otili~ino' existing natural systems for storm water conveyance
and storage. However, natural systems can be severely impacted or destroyed by thc uncontrolled release of
contaminated storm waters. Prior to tttili~in~ natural systems for storm drainage purlx~s, the City shall
carefully consider the potential for adverse impacts, and ensure that such impacts are appropriately mitisated
or avoided. Important natural systems (e.g. wetlnnds) should Ilot be tl.~l.d for storm dralrl~e sturagc or
conveyance, unless it can be demonstrated that adverse impacts can be avoided. (Rcs. 2146)
11.3.1.
Thc City shall seek to secure and maintain such Icvels of air quality as will protect human health, prevent
injury to plant and ~nima[ li~C, prevent injury to property, foster the comfort and conven;encc of area
i*~h~bitants, and facilitate the enjoyment of thc natural attractions of thc area.
11.33. Tha City ~h:dl encourage the retention of vegetatlon and encourage landscaping in order to provide filtering of
suspended particulates.
11.3.4. The City shall support public transportation as a means to reduce locally generated air emissions.
113.5. Thc City shall consider thc impacts of new development on air quality a a part of its environmental review
process and require any appropriate mitigating measures.
Objective 11.4. To continue to enhance and maintain thc quality of land, wildlife and vegetative resources in thc City
and region.
Polides:
11.4.4.
The City ~hall seek to protect any unique, rare ur endangered species of plants and a-im~ds found within the
City by preventing thc indiscriminate and unnecessary removal of trees and groundcover; by promotiag the
design and development of landscaped areas which provide food and cover for wildlife; and by prote,~i~ and
enhancing the qnsli~ of aquatic habitat. (Res. 19'73)
11.4.5.
Thc City sh~l! consider the impacts of uew development on the quality of land, known or suspected fish and
wildlife and vcgctati~ resources as a part of its envh'onmcntal review process and require any appropriate
mitigating measures. Such mitigation may involve the retention of ~/?ificant habitats and the use of native
landscape vegetation. (Rea. 2281)
Objective 11.5. To continue to enhance and maintain the quality of important wetland resources in the City and region.
ATrACHMENT # 12
Policies:
11.5.1.
11.5.2.
11.5.3.
The City reco?iTcs the important biological and hydrological roles thai wetlands plan in providing plant and
animal habitat, enhancing natural and man-made flood and s~orm drainage systems, maintaining water
quality, and in providing recreational, open space, educational and cultural opportunities.
The City reco?iTes that wetlands provide varying degrees of biological and h~lrological functions and values
to the community depeodi,g on the size, complexity and location of the individual system, and that the overall
degree of fanctions an values should be considered when reviewing proposals which impact wetlands.
The City shall con~ider the impacts of new development on the q~[~y of wetland resources as part of its
environmental review process and ~hall re. quire appropriate mitigation and monitoring measures of important
wetland areas. Such mitigation may involve conservation, enhancement or relocation of important wetlands,
and provisions for appropriate buffering.
11.5.4. Wetlands which are associated with a river or stream, or provide *ignificant plant and animal habitat
opportunities are recoffn~ i7exl by the City as the most important wetland syslems, and shall receive the highest
degree of protection and mitigation through conservation, enhancement or relocation measures. Wetlands
which arc limited in ~ize. or provide limited hydrological or plant and anb,,al habitat opporturfities may be
considered by the City for development and displacement in conjunction with appropriate mitigatiom
Objective: ll.6.To continue to enhance and maintain the quality of historical resources in the City and region.
Policies:
11.63. The City shall consider the impacts of new development on historical resources as a part of its environmental
review process and require any appropriate mitigating measures.
Objective 11.7. To rec~ ;~ thc aesthetic, cavironmontul and use benefits of vegetation and to promote its retcntion
and propagation.
Pohdes:
11.7.1. The City shall encourage the usc of vegetation as an integral part of development plans.
11.7.2. The City ~hAII discourage the unnecessa~ disturbance of natural vegetation in new development.
Objective 11.9. Enhance and maintain the quality of life for the City's inhabitants by promoting a healthy environment
and redudng thc adverse impact of environmental nuisances. (Res. 1973)
Policies:
11.9.1. The City shall seek to minimize the exposure of urea inh~,bltallts to the harmhfl effects of excess noise. (Res.
1973)
11.9.2. The City sh~l seek to minimi-e the e~posure of urea inhabitants to ey~cessive levels of light and glare (Res.
1973)
12.1.1.
The City shall seek to protect human health and safety, to minimi~,,- damage to property, and to foster the
comfort and convenience of area inh~bltants by minimi~in~ the potential for estent of flooding or inundations.
(Res. 1973)
4
A~rACHMENT ~12
12.1.2. Flood prone propc~ies outside of the floodway are developable provided that such development can meet the
standards set forth in the federal flood insurance program.
12.1.4.
Site plan review shah be required under SEPA for any significant (e.g. over the SEPA threshold) development
in the flood plain. Appropriate mitigating measures shah be required whenever needed to reduce potential
h~?ards.
12.1.7. The City's development standards should require control and management of storm waters in a manner which
minimizes impacts from flooding. (Res. 2146)
12.1.8.
12.2.2.
The City shall consider the impacts of new development on flood haTards or storm water discharge as a part
of its environmental review process and requirc any appropriate mitigating measures.
Where there is a high probability of erosion, gradln~a should be kept to a minimum and disturbed vegetation
should be restored as soon as feasible. In ah cases appropriate measures to control erosion and
sedimentation ~hnll be required.
12.2.3.
12.3.8.
The City shall consider the impacts of new development on haT~rds associated with soils as a part of its
environmental review process and require any appropriate mitigating measurcs.
Thc City's surfaco water, ground water, and storm drnlnn~e systems shah be protected from contamination by
b~7nrdous materials or other contaminants. Use or removal of existing underground storage tanks shah be
only in the strictest compliance with applicable local, state and federal law. Res. 2146)
GOAL 20. To c~eatc a variety of commercial environments which provide thc full range of commercial services to
thc community and region in a manner which reduces conflicts between different types of commercial
services.
Policies:
22.1.3.
23.1.4.
The grouping of uses which will mutually benefit each other or provide needed services will be encouraged.
a. Compatible commercial uses may be permitted in de-qi?ated industrial areas.
The design and management of the s~'ect network shah seek to improve the appearance of existlna street
corridors and ,h:~ll incorporate high standards of design when developing ncw streets. Where appr~)pciatc,
landscaping measures should be implemented to enhance the appaarunco of City street corridors. To the
c.xtcnt caaibl~ without impairing street capacity, safety, or structta'a] integrity exisCing trees along street fight
of ways should be conserved.
233.4.
23.4.4.
Thc City 6~1! de-~i?nte new arterials to serve developing areas before such development. Such arterials shah
be spaced in accord with good tramportation network plnnnln~o principles.
An efficient collector system seck~ to spread the opportunity for movement over alternative routes rather thsn
dirccfing traffic to a few collectors. Also,ample alternative~ should exist for cmcrgcncy vehicles to access
areas in case of a blockage on a street and to facilitate police patcolso All developed areas shah be served by
at ]cast two accoase~
a. Access in new deveiopmunt:
C'ul-de-saca (ur other street~, public or private, which provide only one outlet to thc
clrculatot~ sy~Stem) ~hnll not be more than 600 feet in lel~,eth'
ATTACHMENT #12
23.5.1.
The City shah continue to enforce the policy of requiring developers of new developments to construct streets
directly serving the development, including specific off site improvements. The City shall also explore ways
that new developments can encourage van pooling car pooling, public transit use and other alternatives to
single occupant vehicle travel.
23.5.4.
Improvements to serve new developments will be constructed ns a part of the development procea~ All ~
should be borne by the development where the development is served by thc proposed strecta. In some
instances the City may chooses to participate in this construction where improvements serve more than
adjacent developments. The City will encourage the use of LIDs to facilitate their development.
23.5.5.
Improvements to upgrade e.n~ting streets are considered to benefit thc abutting property, and improvements
should be funded by the abutting property owners. Some City participation may be appropriate to encourage
the formation of l.IDs to remove particular problem areas.
Objective 23.6. To cncourage thc continued development of mass transit systems and other aHcrnatives to single
occupant vehicle travel,to relieve traffic congestion and to reduce reliance on thc automobile for personal
transportation needs.
Policiea:
23.6.4. The City nh~ll con~ider both trannit impacts and opportunities po~ed by major development prop,v.n!s in its
reviews under the State Environmental Policy Act.
23.6.6. The City ahall explore opportunities to promote alternatives to single occupant vehicle travel, inch~din~o car
Objective 23.7. To facilitate thc u~ of hicydes not only aa a means of rccxcation but also ns an alternative means of
local transportation.
Po~cies:
23.9.4.
The City zoning ordinance and other appropriate regulatory measures shah enforce the airport ciear zones in
accordance with the Airport Master Plan and FAA guidelines. The impact of development on air safety ~hall
be nsaessed through the City SEPA review process and any indicated mifig,*tina., measures shah be required by
the City.
23.103 Adequate off-street parklng~ should be provided by new development to meet its needs. Except in the
downtown area and in trans;~ related lots, parking should be providc, d by thc usc it ~crves.
GOAL 24. To protect the public he-~lth and safety by providln~ efficient and cost-effective water,sanitary sc'v~r, storm
drainage and solid waate services to the community. (Res. 2055; 2146)
24.1.4.
The City ~hall continue its policy of requiring that water system e~ensions needed to serve new development
shah be built prior to or simultaneous with such development, ac. cordino to tho size and configuration
identified by thc Water Plan and Comprchcnalve Plan as neceasary to serve f~turc planned development. Thc
City shall continue to use LIDs and lateoomer agreements to assist in the f~nanc~ng of such over ~i,,'d
improvements. ~ercever any form of City financ.~ is involved in a watcr llnc extension, lines that promote a
compact development pattern will be favored over lines traversing large undeveloped areas wberc future
development plans arc uncertain.
ATrACHMENT #12
24.1.5.
Whenever a street is to be substantially reconstructed or a new street built, wnter facilities in that street right
of way shall be constructed or brought up to the size and conf~urafiun indicated by thc Water Plan and
Comprehensive Plan.
Objective 24.2 To ensure the efficient transportation of sanitary sewage to thc appropriate treatment and disposal
facilities, in ordcr to meet the needs of the existing community and provide for its planned growth.
Policies:
The City ,ha!! continue its policy of requiring that sewer system extensions needed to serve new development
nhall be built prior to or simultaneous with such development, according to the size and configuration
identified by the Sewerage Plan and Comprehensive Plan as necessary to serve future planned development.
the City ~hall continue to use LIDs and latecomer agreements to assist in the financing of such oversized
improvements. Wherever any form of City finance is involved in a sewer llne extcmslon,lines that promote a
compact development pattern will be favored over lines traverning large undeveloped areas where future
development plans are uncertain.
Objective 24.3. To provide area residents and businesses with a universul and compulsory system for collection and
disposal of all solid waste, including ample waste reduction and recycling opportunities intended to maximize
diversion of the City*s waste stream away from costly land/dis, ineln,~rafion, or other solid waste dispo~l
facilities, and to conserve exhaustible resources. (Res. 2055)
24.3.3.
The City *h~ll implement solid waste mnn~gement programs and services which provide ample opportunities
and incentives to maximize the communit~s participation in local and regional waste reduction and recycling
efforts. (Res. 2055)
Policies:
24.3.4. The Ci~s solid waste management programs shall be developed to make waste reduction and recycling
efficient, reliable, cost-effective, and convenient for all residents and businesses. (Res. 2055)
24.3.6.
Thc City shall implement solid waste reduction and recycling program(~ which have the cumulative effect of
redurlng and/or recyellng thirty-five percent of the total solid waste stream (measured in tons) by 1992, and
fifty percent of the total solid waste stream by 1995. These goals ~,~lt be re-evalunted within five years to
determine if the Cites waste reduction and recycling goals, programs and/or service levels should be
Objective 24.4 To easure that collection, conveyance, storage and discharge of storm drainage is provided in a
sufficient and environmentally responsible manner, in order to meet the needs of the existing comm,)n}ty and
provide for its pl~nned growth. (Res. 2146)
Policies:
24.4.1
Sections 1.1, 1.2, 13, 1.6, 1.7, 1.8, and 1.10 of the City of Auburn Comprehensive Storm Draln~ Plan,
SesSion 1, Summary, arc hereby adopted and incorporate as an element of this Comprehensive Plan. (Rcs.
214~)
24.4.2. The City ~hnll require developers to construct storm draim*ge improvements directly serving thc development,
including any necessary off-site improvements. (Res. 2146)
7
ATFACHMENT ~12
24.4.3.
24.4.4.
24.4.6.
24.4.7.
24.4.8.
The City shall require that storm drainage improvements needed to serve new development shall be built
prior to or simultaneous with such development, according to the size and configuration identified by the
Drainage Plan and Comprehensive Plan as necessary to sesv¢ future planned development. The City should
continue to use UDs and latecomer agreements to assist in the fmancing of off-site improvements required to
serve the development. (Res. 2146)
The City shall reco?i~,e the overall system impacts of new development upon the City's drainage system,
through the collection of system development char~.s or similar assessments to assist in the financing of new
and oversized (e.g. regional drainage improvements. (Rea. 2146)
Drainage facilities serving the larger community should be owned, operated and maintained by the CiVfs storm
drainage utility. Small-scale drainage facilities serving individual properties should be owned, operated and
maintained by the property owner. Maintenance intensive drainage facilities designed to serve as a
multifunctional private resource (e.g. private parkland, wetland mitigation) should not be owned, operated or
maintained by the utility. The utility shall ensure that all private and public storm drainage improvements arc
designed, constructed, operated and maintained in accordance with the Comprehensive Drainage Plan and
Comprehensive Plan. (Res. 2146)
The City shall encourage the use of regional-scale detention structures aa a means of controlling drainage and
flood waters. (Res. 2146)
Wherever possible, regional detention facilities should be t~tiliTed as a multi-functional community resource.
When selecting a site and deni~i,,g a storm drainage facility, the City should consider other public benefits
such as recreational, habitat, cultural, educational, open space and aesthetic opportunities. (Res. 2146)
CONDITIONAL USE PERMIT
APPLICATION
APPLICANT'S NAME
Sec. Twp. Rng./-~ '~/-~/
Zone Existing: /~ - I
Area Code: ICi -~I ~ ~ Request:
Scheduled PubRcHearing:
Date Received:
Do Not Write Above TI~ Line
APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPLgD
(except signature) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED,
ATTACH THE ADDITIONAL REQUIRED PAGES TO TI-HS APPLICATION.
I (we), the undersigned, OWNER(S), of property n-,~hered opposite my
(our) name(s) hereby Petition for a Conditional Uae Permit for the following
use:
of 15th Seteet N.W., on the wes~ b~ the Union Pacif~ Raiboad
~t~B~N~~~. Fi~
f~ ~ f~e a ~-~ ~ ~ r~k, ~ a ~ f~
ge
(including restaurants and lounges, oerious seating configurations,
box seats, banquet and satellite seating, faciliey adrniniserarioe offices,
and State Pacing Commission and Stewards offu:es). The grandstand
searin~ capaci~ will accornrnoc]~e aHnoxirnatd~ 6,500 racing fans
and ~he t~ork's tv. ak cat,acie~ will be approxirnatel:~ 17,300 fans.
Approx~ma~el~ 5,100 Ixtrk~ng stalls will be pro~t.d, The facil~y will
also include a number o[ accessory buildings, including a holding and
stat~ test barn, grooms' quarters, veterinary dinic, maintenance and
s~a~ setucmres, t:~t,~k and racing offnce.
Aurzmmbile access m tile site wil~ be ~ ~ia 37~h Street N.~.
on the north, and 15tfi $~reet N.7/. on the south. The existence
/dea//~y su/ted to accommodate f~mre commuter fa//senSce to the
How is the propet~y involved in this application more suitable for the
Conditional Use Permit than those uses permitted outright in the present
zoning classification?
The pro/~.-~/s nu~re su/tab/e for the proposed cond/tiona/use than
the perm/tted uses/n the M-2 Heav~ Induser/d Zone wh/ch compr/ses
appro~h,~el~ 159 acres of the site or in the M-I Light Induserial
zone which comprises at,proximatel~ 6 acres of the s~. Under
Auburn's Zoning Ordinance, "commercial recreation, including
animal raceetacks" is allowed as a conditional use under O~e M.I
Light Industrial zoning, § 18.32, and r~ M.2 Hea~ Industrial
zoning, § 18.34. The proper~ in question is particuk~:~ suited [or
use as a tfomudd,~ racetrack because o£ its ~s'~r~ bom 15~
$~reet N.~'. and 37~h $~et N.~/., its topography,/ts s/ze, and its
site's I.o~rnie~ ta ~ core of ~ e~ Longa~es fan base and
Hi~ 167, w~ ~ ~ ~ w ~ re~ ~
~ ~ m a c~ ~ ~ Re~ Tr~ ~.~
2
Be
anticipated to locate a vranait srzxrion in close proximi~ to th~ site.
These characteristics of the site-size, loca~on, and transpona~n
amenities-while simpl:y useful ~o other permi~d industrial uses, are
In ~it~n, this r~toughbred racetrack will allow the cit3 to divetsif3 the vffpes of
uses in Auburn's industrial valley. A thoroughbred racetrack on th/s propervff
broaden the economic base of the civ~ and, at the same time, ~ signifm~nt open
space and en~onmemd benefits. This propen~ can serve to bring a signifr, am new
industry to the cit3. The raceetack will become a focal point for the cit3 and
enhance the ci~'s position in the re. mai economy.
In sum, ~he s/re pr~__~ the proponent and the Cit3 of Auburn a
unique opponuni~ ~o bcate a thoroughbred racetrack. The proposed
racetrack's location and visibilir~ from 15th Street N.gr. and 37th
Sere. et N.V¢., ~J escab~sh a sm:~, attractive image for d~ C~ of
Why is this Conditlomd Use permit compatible with the other existing uses
in the neighborhood?
A O~xoud~red racetrack is com~/b/e ~0~ ex/sang
manufactur/~ and ~ c~ ~s. ~ s~
A ~ed racetrack/s not a nox/ous use and ~11 not cause
sivaf, cam off-ate ~ma, vnmemal/,,~aas. Th ~ ~ of
racetrack olx, rat/om,/n the even/rig ami on weekends, does not
coincide with the peak use periods of the surrounding industaal t~ses.
3
De
The number of da:~s of li~e racing is also limited. The light
manufacturing and commercial u.~es surrounding the site are likel~ to
profit from the exposure generated by the ~roposal.
There are three residences on 29th Street N.1,V., adjacent to the site, all of which
are nonconforming uses ~thin the zone. The Comprehemive P~m specificall~y
designates this area as a "transition erea" and states that new uses in ~he area need
not buffer these residen~ uses. See Policy III.F, Comprehensive Plan, p. 75.
Why is this Conditional Use Permit compatible with the existing zoning in
the area?
A thoroughbred racetrack/s l~-n'n/tm/as a con~t/ona/ use /n I/Iht
and heavy/ndustral Zon/ng. The racetrack ~ be com/~/~ ~/~h
the exis~/ng ~on/ng in Ore area as it is a commercial recreagonal use
requ~/ng a large parcel ~ ~ and prox/m/ty w adequate
~ranslxn~a~on con/don. Th/s use ~//1,/n fact, pro~k some d/~ersir~
kn the ne~gh/:~rhaod. It i~ the~fo~ndat/on and foe. a/po/m o/tm
Why is this Conditional Use Permit consistent with the Comprehensive Plan
for the area?
A thoroug/~ed racetrack on th/s s/re/s cons/stent w/th many of the
Com~ehensive Plan's ~o&'~a, indud~g the Cxnn~ehensive Plan's
Area of the Ciey as/nd/cared/n ie Comprehens/ve P/an. Th/s/s
where uses that staplxnt Aubvan's rok as a reC, tonal emplo.ymem and
elsewhere. The pro~.~.d prop. ct ~i~ d~'ecd~ implement the ectmomic
developmem policies of the Congnehe~ive Plan ami in a manner
The thoro~,h~ed racetrack is located in l~oximit~ to reK~onal
tramponafion corrit~. Morawer, the n~errack, ~ith irs open
4
spa~e, I~stor,'a appearance aha ~ ~s~t~ can ea~ ~ecome a
si~a~re [eamre of ~ Ci~ o[ Auburn.
ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED
BELOW OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE LEGAL
DESCRIPTION AND INDICATES THE PROPERTY OWNED BY EACH APPLICANT.
YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND UNDERSTOOD TH~
CONTENTS OF THIS APPLICATION AND ITS ATTACHMENTS
PARCEL
NUMBER(S)
A, B. C. D. E. F, I,
], K, L, M, N, O, P
NAME, ADDRESS AND
PHONE NUMBER
(Please print)
La Terra Limited Partnership
P.O. Box 88050
Tukwila, WA 98138
(2C~) 575.3200
SIGNATURE
M. A. Segale,
President of Metro
Sand & Gravel, Inc.,
a Washington
corporation, General
Parmer of La Tetra
Limited Parmership,
a Washington
limited parmership
AGENT and/or OWNER'S REPRESENTATIVE:
Address:
City/Phone:
Brent Ca.on
1011 Western Avenue, Suite 902
Seattle, WA 98199 (206)382-95,[0
PLEASE NOTE THAT THE SITE PLAN MUST ACCOMPANY THIS
APPLICATION
5
LEGAL DESCRIPTION OF PROPERTY
Attached as Exhibit C.
(ParceHs are Illustrated on Exhibit D)
FEE PAYMENT:
Cashier's ln/ti~:
$g$0.00
T.R. ·
D~te Rec¢iw.d
6
(car
Fn ,,='m. &
Far~.ouse
/--
Bike Trai
/
./
RACE TRACK
~ SITE
Truss-Span
Corp.
w~k ~
Val-U I=
Save
MI (~jh~ Indus.)
, C3 (14e~vy Camm'L)
$TTH ST. N.W.
£gTH ST. N.W.
PARCEL MAP
AUBURN
THOROUGHBRED
RACE TRACK
BNRR FT/W
MAt~ N
PA~ M
D
Anglo ~"~11 ,~
Amer~.cafl
¢olltrl
leccve~7
Farmhouse
J--
(ca: lots)
.
T~ TI~s
Undevelope~
Val-U Znn.
~otel
Save
Wa~ehovse
¢1 (~ ~_.,b
EXHmlT C
Order No. 862030 Page I of 7
LEGAL DF. CRIPTION
PARCEL A:
GOVERNMENT LOT 7 IN SE~.-I-ION 1, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M.;
EXCEWF THE EAST 34.98 FF. ET THEREOF;
AND EXCEPT THAT PORTION THEREOF LYING WES-II~,LY OF TliE EASTERLY MARGIN OF THE
CHICAGO, MILWAUKEE & ST. PAUL RAIl.ROAD RIGHT-OF-WAY, AS CONVEYED UNDER RECORDING NO.
473299;
AND EXCEPT THE NORTH 20 FEEl' THEREOF CONVEYED TO KIN(] COUNTY FOR SOUTH 300TH ST!nF'~T
(291H SIKEET NORTHWEST) BY DP.~m~ RECORDED UNDER RECORDING NO. 240973;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL B:
GOVERNMENT LOT 1, SECTION 12, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M.;
EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF THE CHICAGO,
M~LWAUKEE & ST. PAUL RAIl-ROAD RIGHT-OF-WAY, AS CONVEYED UNDER RECORDING NO. 473299;
AND EXCEPT TIiAT PORTION THEREOF LYING Wrl'HlN TIiE FOLLOWING:
THAT PORTION OF SECTION 1 AND SEC~IION 12, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTH~ CORNER OF ~ JAI~-~ A. LAKE DONATION LAND CLAIM NO. 41;
THENCE SOUTI{ 00 DEOR~'~-m 54 l~'l'F.~ 0~ SECONDS V~=ST ~J. ONG TIiE WEST LINE OF SAID
DONATION CLAIM 1,580.02 FEET TO THE TRUE ImOINT OF BEOINNINO;
THENCE SOUTlt 88 DECRRI~_~ 49 MINUTES 52 SECONDS EAST 273.42 FEET TO THE ~y MARGIN
OF BURLINGTON NOR'I'HIERN RAn-ROAD COMPANY RIOHT-OF-WAY; THENCE SOUTH 00 DEGIH~R 54
MINUTES 08 SECONDS WEST, ALONG SAID
RIowr-OF-WAY 564.98 FEET;
THENCE NORTH 88 DEGI~'~-q 49 MINUTES 52 SECONDS WEST 308.40 FEET;
THENCE NORTH 00 DEGR~-P-q 54 MINUTES 0~ SECONDS FAST 564.98 FEET;
THENCE SOUTH 88 DEb-'REES 49 MINUTES 52 SECONDS EAST 34.98 FEET TO THE TRUE POINT OF
BEGINNING;
SITUATE IN THE crrY OF AUBURN, COUNTY OF KING, STATE OF WASIilNGTON.
Order No. 862030
PARCEL C:
EXHIBIT C
Page 2 of '/
THAT PORTION OF SECTION 1 AND SEC-FION 12, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SAMES A. LAKE DONATION LAND CLAIM NO. 41;
THENCE SOUTH 00 DEGREES 54 MINUTES 08 SECONDS WEST ALONG THE WEST LINE OF SAID
DONATION CLAIM 1,580.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88 DEGP-EF_~ 49 MINUTES 52 SECONDS EAST 273.42 FEET TO THE ~y MARGIN
OF BU~I-INGTON NORTIiEILN' RAH-ROAD COMPANY RIGHT-OF-WAY; THENCE SOUTH 00 DEGiIFF-'~ 54
MINU~I'P.S 08 SECONDS WEST ALONG SAID
RIGHT-OF-WAY .564.98 FEET;
THENCE NORTH 88 DE(]RF..ES 49 MINUTES $2 SECONDS WEST 308.40 FEET; THENCE NORTH 00 DEGREES
54 MINU'~'.~S 08 SECONDS EAST ~S.98 FEET; THENCE SOUTH ~8 DEGI{1-.'~_~ 49 MINU'I'i~S 52 SECONDS EAST
34.98 FEET TO THE TRUE POINT OF BEGINNING;
SITUATE IN THE CITY OF AUBURN, COUNTY OF lONG, STATE OF WASI-HNGTON.
PARCEL D:
LOT I OF CITY OF AUBURN SHORT PLAT NO. SP-20-81, ACCORDING TO THE SHORT PLAT RECORDED
UNDER {ONG COUNTY RECORDING NO. 810~3042.3, AND AS CORRE~-i'I~D UNDER RECORDING NO.
8110120405;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KIN(], STATE OF WASHINGTON.
PARCEL E:
THAT PORTION OF THE EAST 34.98 FEET OF GOVERNMENT LOT 7 AND THAT PORTION OF JAMES A.
LAKE DONATION LAND CLAIM NO. 41, LYING ~ OF 'rile BURLINGTON NORTHERN RAn.ROAD
RIGHT-OF-WAY; ,~LL IN SECTION 1, TOWNSmP 21 NORTH, RANGE 4 EAST W.M., LYING SOUTIiERLY
OF THE SOUTH LINE OF LOT 1 OF CITY OF AUBURN SHORT PLAT NO. SP-20-18, ACCORDING TO SHORT
PLAT RECORDED UNDER lONG COUNTY RECORDING NO. 8109230423, AND NORTHERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHWEST CORNER OF SAID sECrlON DONATION LAND CLAIM; THENCE SOUTH
00 DEGREES 54 IVliNUi'I~ 08 SECONDS WEST ALONG TIiE WEST LINE OF SAID DONATION LAND CLAIM,
1,580.02 FEET TO ~ TRUE POINT OF BEO~G;
THENCE SOUTH U DEOIH~m~-m 49 I~ 52 SECONDS EAST, 273.42 FEET TO ~ ~STERLY MAROIN
OF SAID RAILROAD RIGHT-OF-WAY AND THE TERMINUS OF SAID LINE;
SITUATE XN THE CITY OF AUBURN, COUNTY OF lONG, STATE OF wASmNGTON.
Orde~ No. 862030
PARCEL F:
EXHmlT C
Page 3 of 7
THAT PORTION OF GOVERNMENT LOT 2 IN SECHON 12, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M.,
LYING WESTERLY OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, FORMERLY THE
NORTHERN PACIFIC RAILROAD RIGHT-OF-WAY;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL G:
THAT PORTION OF GOVERNMENT LOT 3 IN SEctiON 12, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M.,
LYING WESTERLY OF TIiE BURLINGTON NORTHERN R~H-ROAD RIGHT-OF-WAY, FORMERLY THE
NORTHERN PACIFIC RAILROAD RIGHT-OF-WAY;
SITUATE IN THE CiTY OF AUBURN, COUNTY OF lONG, STATE OF WASHINGTON.
PARCF.-, - H:
THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 IN SEc'i'iON 12, TOWNSHIP 21 NORTH, RANGE
4~.sT
W.M., LYING EASTERLY OF "Ii" .STREET NORTHWEST AS CONVEYED TO KING COUNTY UNDER KING
COUNTY RECORDING NO. 470671,
ORDINANCE NO. 2467 OF ~IT~)UNTY SUPERIOR COURT CAUSE NO. 73330~ AS PROVIDED FOR IN
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASIiINGTON.
PARC~. I:
SITUATE IN TIlE CITY OF AUBURN, COUNTY OF KING, STATE OF WA,~IIlNGTON.
EXHmff C
Order No. 862030 l~e 4 of 7
P~d~.CEL J:
TRACTS 1, 2, 3 AND 4 IN BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT RECORDED IN
VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY;
EXCEPT A CONTINUOUS 100-FOOT WIDE $~tKIP OF LAND CONVEYED TO THE CITY OF TACOMA FOR
WATER TRANSMISSION PIPELINE BY D~'r~ RECORDED UNDER RECORDING NO. 731129-190, LYING
BI~-IV/EEN THE EAST AND WEST MARGINS OF BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PI~
PLAT RECORDED IN VOLUM~ 23 OF PLATS, PAGE 6, RECORDS OF lONG COUNTY, SAID ~-l-itlP LYING
80 FEET ON THE NORTHERLY SIDE AND 20 FEET ON THE SOUTHERLY SIDE OF THE SOUTNh'RLY
MARGIN OF THE 262.5-FOOT WIDE BONNEVILLE TRANSMISSION LINE EASEMENT. AS RECORDED
UNDER RECORDING NOS. 325~112 AND 5048564;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINOTON.
PARCEL K:
TRAC'I~ 5, 6, 7 AND 8 IN BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT RECORDED IN
VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY;
EXCi~mT THAT PORTION OF SAID TRACTS 6, 7 AND 8, DESCRIBED AS
FOLLOWS:
TRACT 8
ON
THENCE WEST 844.61 FEET TO A POINT 4~5.5 FF. ET NORTH OF THE SOUTH MARGINAL LINE OF TRACT
6;
THENCE SOUTH 485.5 FEET, MORE OR l_1~__$, TO THE SOUTH MARGINAL LINE OF SAID TRACT 6 AT A
POINT 844.61 FEET WEST OF THE SOUTHEAST CORNER OF SAID TRACT 8;
THENCE EAST, ALONG SAID SOUTH MARGINAL LINE OF TRACTS 6, 7 AND 8 TO THE SOUTHEAST
CORNER OF SAID TRACT 8;
THENCE NORTH, ALONG THE EAST MARGINAL LINE OF SAID TRACT 8 TO THE POINT OF BEGINNING;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
P~C~ ~
ALI. THOSE RIGHTS (INCLUDING, BUT NOT LIMITED TO, AN EASEMENT FOR INGRESS AND EGRESS,
RIGHT OF USE OF SURFACE, AND RIGHT OF REVERSION) RESERVED AND DELINEATED IN INSTRUMENT
DATED NOVEWO{ER 28, 1973, RECORDED NOVEMBER 29, 1973 UNDER lONG COUNTY RECORDING NO.
7311290190 IN THE FOLLOWING DESCRIBED PROPERTY:
A CONTINUOUS 100-FOOT WIDE STRIP OF LAND CONVEYED TO THE CITY OF TACOMA FOR WAi~
TRANSMISSION PIPELINE BY DR~r~ RECORDED UNDER RECORDING NO. 7311290190, LYING BETWEEN
TH~ EAST AND WEST MARGINS OF BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT
RECORDED IN VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY, SAID STRIP LYING {0 FEET
ON THE NORTHERLY SIDE AND 20 FEET ON THE SOUTHERLY SIDE OF THE SOUTI4I~I~Ly MARGIN OF
THE 262.5 FOOT WIDE BONNEVHJ.~ TRANSMISSION LINE EASEMENT, AS RECORDED UNDER
RECORDING NOS. 3255112 AND 5048584;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
Order No. 862030
PARCF~L M:
EXHIBIT C
Pa~e $ of ?
LOT 2 OF CITY OF AUBURN SHORT PLAT NO. 20-81, ACCORDING TO THE SHORT PLAT RECORDED
UNDER KING COUNTY RECORDING NO. 8109230423;
TOGETHER WTI'H THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 1, TOWNSHI~ 21 NORTH, RANGE
4 EAST W.M. AND THAT PORTION OF THE SAMES A. LAKE DONATION LAND CLAIM, DESIGNATED AS
CLAIM NO. 41, BEING A PART OF SECTION 1, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT 25 RODS SOUTH OF THE NORTHWEST CORNER OF SAID DONATION LAND
CLAIM;
THENCE WEST 34.98
THENCE SOUTH 105 RODS;
THENCE EAST TO THE WEST LINE OF THE NORTHERN PACtFIC RAILWAY
RIGHT-OF-WAY;
THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE 108 RODS TO THE SOUTHERLY LINE OF KING
COUNTY ROAD NO. 254;
THENCE SOUTHWESTERLY ALONG SkID SOUTHERLY LINE TO THE POINT OF BEGINNING;
EXCEl:q' ANY PORTION THEREOF LYING SOUTHERLY OF THE SOUTHERLY BOUNDARY OF LOT 2 OF
SAID SHORT PLAT;
AND EXCEPT TIiAT PORTION LYING NORTH OF A LINE BEGINNING AT A POINT ON THE WEST LINE OF
THE ABOVE DESCRIBED PROPERTY 243.01 FEET SOUTH OF THE NORTHWEST CORNER THEREOF;
THENCE SOUTH 88 DF, OREES 49 M]NI~-rI~S 17 SECONDS EAST, A DIS'rANCE OF 298.25 FEET TO A POfl,,IT
ON THE WES~ LINE OF THE NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY AND TIIE TERMINUS OF THE
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
Order No. 862030
PARCEL N:
EXHIBIT C
Page 6 of ?
THAT PORTION OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 21 NORTH,
RANGE 4 EAST W.M, DIL~CRIBED AS FOLLOWS:
BEGINNING AT A POINT 6 FEET NORTH OF THE SOUTH LINE OF SAID
SUBDMSION WHICH IS 628 FEET EAST OF THE EAST LINE OF A TRACT OF LAND SITUATED IN SAID
SUBDMSION AS CONVEYED TO THE CHICAGO, MILWAUKI~.~ AND ST. PAUL RAILWAY CO. FOR A
RIGHT-OF-WAY;
THENCE NORTH 178 FEET;
'I~NCE EAST 98 FEET;
THENCE SOUTIt 178 FEET;
'I'HI~-NCE V~T 98 FEET TO THE POINT OF BEGINNING;
NF~oIEI~T~ THAT PORTION THEREOF CONVEYED TO ~ CITY OF AUBURN FOR 29TH STREET
O THWEST (SOUTH 300TH STREET) BY DEED RECORDED UNDER RECORDING NO. 7412250219;
(p~A~30 BEING KNOWN AS A PORTION OF L(Yr B IN BLOCK 5 OF CHRISTOPHER GARDEN TRACTS, AS PER
g LAT RECORDED IN VOLUME 23 OF PLATS, PAGE 26, RECORDS OF KING COUNTY)
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 0:
THAT PORTION oF LOT 6 IN BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT RECORDED IN
VOLUME 23 OF PLATS, PAGE 6, RECORDS OF IONG COUNTY; DESCRIBED AS FOLLOWS:
BEGINNING ON THE EAST LINE OF SAID BLOCK AT A POINT WHICH IS 4.91.S0 FEET NORTHERLY OF THE
SOUTHEAST CORNER THEREOF;
THENCE WESTERLY 844.61 FEET TO A POINT WHICH IS 485.50 FEET NORTH OF THE SOUTHERLY LINE
OF SAID LOT 6 AND THE TRUE POINT OF BEGINNING; THENCE SOUTIiERLY 331.50 FEET TO THE
NORTHWEST CORNER OF A TRACT OF LAND CONVEYED TO JENNIE S. BOWMAN BY DEED RECORDED
OCTOBER 31, 1916 UNDER RECORDING NO. 1093896;
THENCE EASTEI~Y, ALONG THE NORTHERLY LINE OF SAID TRACT OF LAND, 98 FEEr TO THE
NORTHEAST CORNER OF SAID TRACT OF LAND;
THENCE SOUTHERLY, ALONG THE EASTERLY LINE OF SAID TRACT OF LAND, TO THE SOUTHERLY
LINE OF SAiD LOT 6;
THENCE EAbLI-F. KLY, ALONG SAID SOUTHERLY LINE, 12.76 FEET, MORE OR l.p_e~q, TO THE $~
CORNER OF SAID LOT 6;
'I1~-NCE NORTHERLY, ALONG THE EASTERLY LINE OF SAID LOT 6, A DISTANCE OF 486.28 FEET;
THF~CH WESTERLY 110.45 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION, IF ANY, WHICH LIES NORTN~RLy OF TIlE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON TItE EAST LINE OF LOT 8 IN SAID BLOCK 3 WHICH IS 491.5 NORTH OF THE
SOUTHEAST CORNER OF SAI~ LOT 8;
THENCE WEST A DISTANCE OF 844.61 FEET TO A POINT WHICH IS 485.5 FEEt NORTH OF TIlE SOUTH
LINE OF t. Or 6 IN SAID BLOCK 3, AND THE TERMINUS OF THIS LINE DESCRIFI1ON;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
Order No. 862030
PARCEL P:
EXHmlT C
Page 7 of 7
THAT PORTION OF LOT 7 IN BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT RECORDED IN
VOLUM~ 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 7 WHICH IS 486.28 FEET NORTH OF THE
SO~T CORNER OF SAID LOT 7;
THENCE EAST ALONG A LINE WHICH EXTENDS TO A POINT ON THE EAST LINE OF LOT 8 IN SAID
SOUTItWEST CORNER OF SAID LOT 7; ~v~n ta~t~ ut' ~;AID LOT 7 WHICH IS 121 FEET EAST OF THE
THENCE WEST, ALONG SAID SOUTH LINE, 121 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7;
NORTH 486.28 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION, IF ANY, WHICH ~
_BEGINNING AT A POINT ON THE EAST LINE NORTHERLY OF ~ FOLLOWING DF, SCRIBED LINE;
SoCrmEAST CO~ OF SAm LOT 8; OF SAm ~ 8 wmc~ Is 491.s FEET NOaTH OF THE
THENCE WEST .A..D.I.ST__A_N_C? OF 844.61 FEET TO A POINT WHICH IS 485.5 FEET NORTH OF THE SOUTH
LINE OF LOT 6 ~ ~AID BLOCK 3 AND THE TERMINUS OF THIS LINE DESCRIFTION;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
EXJ'I~IT ~C~
LEGAL DESCRIPTION OF PROPERTY
PARCEL
GOVERNMENT LOT 7 IN SECi'iON 1, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M.;
AND EXCEPT THAT PORTION THEREOF LYING WESTERLY OF -1-~11~ EAS'I'{~KLY MARGIN OF
CHICAGO, MILWA~ & ST. PAUL RAILROAD RIGHT-OF-WAY, AS CONVEYED UNDER RECORDING NO.
473299;
AND EXCEPT THE NORTH 20 FEET THEREOF CONVEYED TO lONG COUNTY FOR SOUTH 300TH STREET
(29TH STREET NORTHWEST) BY Dk'l~r~ RECORDED UNDER RECORDING NO. 240973;
SITUATE IN THE ~tlY OF AUBURN, COUNTY OF KING, STATE OF WASH]NO'TON.
PA~CKL B:
GOVERNiV~NT LOT 1, SECTION 12, TOWNSHIP 21 NORTH, RANGE 4 EAST W.lVi.;
EXCEPT THAT PORTXON TI4F. REOF LYING WESTERLY OF THE EA~'Ic;RLY MARGIN OF THE CHICAGO,
MILWAUKEE & ST. PAUL R~II.ItOAD RIGHT-OF-WAY, AS CONVEYED UNDER RECORDING NO. 473299;
AND EXCEPT THAT PORTION ~F LYING WITHIN THE FOLLOWING:
THAT PORTION OF SEc.-rlON 1 AND SE(YriON 12, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., DF~CRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE JAlVf~-q A. LAKE DONATION LAND ~ NO. 38 &
41;
THENCE SOUTH 00'54'08' WEST ALONG THE WEST LINE OF SAID DONATION CLAIM 1,580.02 PEET TO
THE TRUE POINT OF BEGINNING;
THENCE SOU'ha 88'49'52" EAST 273.42 FEET TO THE WE~-i'{c~J..Y MARGIN OF BURLINGTON NORTHERN
R~nROAD COlVlPANY RIGHT-OF-WAY; TI~NCE SOUTH 00054'08' WEST, ALONG SAID
RIGHT-OF-WAY .~4.98
THENCE NORTH 88"49'52' ~ 30{.40 FEET;
THENCE NORTH 00'54'0~' EAXT ~64.98 FEET;
THENCE SOUTH ~'49'52' EA,.TF 34.98 FEET TO THE TRUE POINT OF BEGINNING;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL C:
THAT PORTION OF SECTION 1 AND SECTION 12, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE .lAMES A. LAKE DONATION LAND CLAIM NO. 38 &
41;
THENCE SOUTH 00'54'08' WEST ALONG THE WF_.~T LINE OF SAID DONATION CLAIM 1,580.02 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88°49'52· EAST 273.42 FEET TO THE WESTERLY MARGIN OF BURL[N~N NORTITFR2q
RAn-ROAD COMPANY RIGI~T-OF-WAY; TI~NCE SOUTH 00'54'08' WEST ALONG SAID
RIGHT-OF-WAY 564.98 FEE'r;
THENCE NORTH g8°49'52· ~ 308.40 FEET; TIiENCE NORTH 00°54'05" EAST 564.98 FEET; TRF. NCE
SOUTIt 88°49'52. EAST 34.98 FEET TO TH~ TRUE POINT OF BF-.GINNING;
SITUATE IN ~ CTI'Y OF AUBURN, COUNTY OF KING, STATE OF WASItlNGTON.
PAR~I~ D:
LOT I OF CITY OF AUBURN SHORT PLAT NO. SP-20-81, ACCORDING TO THE SHORT PLAT RECORDED
UNDER KING COUNTY RECORDING NO. 8109230423, AND AS CORRECr,'~ UNDER RECORDING NO.
8110120405;
SITUATE ~ THE CITY OF AUBU~.N, COUNTY OF IONG, STATE OF WASIiiNGTON.
pARCso. IF,:
t'"'te~ t"U~A z tu-~ I..A~IJ Ct-AIM NO. 38 & 41, LYING WEST OF Tltl~ BURLIN'C~iT,¢ ~nDTU~ ~ t~ A~ ~, ~
RIGHT'OF-WAY; ALL IN SECTION 1 TOWNel. ftp ~, ~,~n,,-. ,~.,.,...,..-]~-~.~----:'.'- ......... "~-
~'"v.t~- c,~,,-,,,,, ......... "'.'__ ~ ~,~. *,,..,aaa, ~- ~ {~,~-f W.M., LYING SOUTI~J,.y
RECORDING NO. 8110120405, AND NORTRERLY OF THE FOLLOWING DESCRIBED I~.1~
OF BEGINNING; ~ LAND Ct. AIM, 1,580.0R ~ TO THE TRUE POINt
~14~. _NCE SOUTti 88 "49' 52' EAXT, 2/3.42 t'~.. i-TO THE WESTERLY MAROIN OF SAID RAn I~OAD RIO~F-OF
AY AND TltE TERIv~S OF SAID LINE; ' '
SITUATE IN TIiE CITY OF AUBURN, COUNTY OF KING, STATE OF WASItlNGTON.
EXMllirr 'C' - LEO, AL DESCRI]PTION OF i~OPE~T'y
PARCEL F:
THAT PORTION OF GOVERNMENT LOT 2 IN SECTION 12, TOWNSHIP 21 NORTH, RANGE 4. EAST W.M.,
LYING WESTERLY OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, FORMERLY THE
NORTHERN PACIFIC R~ILROAD RIGHT-OF.WAY:
TOGETHER WITH, COMMENCING AT ~ NORTHWEST CORNER OF GOVERNMENT LOT 3 IN SECTION
12, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.;
THENCE SOUTH ~6'10'39' EAST ALONG THE NORTHERLY LINE OF SAID GOVERNMENT LOT 3, 126.32
FEET TO TIlE TRUE POINT OF BEGINNING;
THENCE CONTINUING $OUTIt g6° 10'39' ALONG SAID NORTH LINE 156.20 FEET TO THE WESTERLY LINE
OF THE BURLINGTON NOR'I'~I/-RN RAH-ROAD RIGHT-OF-WAY;
THENCE SOUTH 00°54'02' WEST ALONG SAID WE~t~:~,LY RIGHT-OF-WAY LINE 171.61 FEET;
THENCE NORTH 89'0~'59" WE,TI' 156.00 FEET;
THENCE NORTH 00*~4'0R' EAST 179.57 l"t~-i' TO THE TRUE POINT OF BEGINNING.
THAT PORTION OF GOVERNMENT LOT 2 IN SEI.-iiON 12, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M.,
LYING WESTERLY OF THE BURLINGTON NOR~ RAU.I~.OAD RIGHT-OF-WAY, FORMERLY THE
NORTHERN PACIFIC RAH-ROAD RIGHT-OF-WAY;
SITUATE L-N THE CII'Y OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL I:
THE SOUTH 16~ FEET OF THAT PORTION OF ~ lAMES A. LAKE DONATION f~'-MM NO. 38 & 41 IN
SEC'liON 12, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., RECORDS OF KING COUNTY, LYING
WESTERLY OF THE BURLINGTON NORTHERN RAH.ROAD RIGHT-OF-WAY, FORMERLY TIlE NORTii~.:RN
PACIFIC RAHROAD RIGHT=OF.WAY;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WA.~HING"I'ON.
PARCEL J:
TRACTS 1, 2, 3 AND 4 IN BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT RECORDED IN
VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY;
EXCEPT A CONTINUOUS 100-FOOT WIDE STRIP OF LAND CONVEYED TO THE CITY OF TACOMA FOR
WATER TRANSMISSION PIeRre!NE BY DEED RECORDED UNDER RECORDING NO. 7311290190, LYING
Bt~-iWEEN THE EAST AND WEST MARGINS OF BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PER
PLAT RECORDED IN VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY, SAID STRIP LYING
- t.~.~x wu~l~ t~ONNEV'r[.I_~ TRANSMISSION LINE EASEMENT AS
UNDER RECORDING NOS. 3255112 AND 5048.564; , RECORDED
EXCEPT THE ~y 30 FEET THEREOF;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WA~glNGTON.
EXHIBIT 'C' - LEGAL DESCimq~I OF I~.OPE,ErY
PARCEL K:
TRACTS 5, 6, 7 AND 8 IN BLOCK 3 OF CHR'~,TOPHER GARDEN TRACTS, AS PER PLAT RECORDED IN
VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY;
EXCEPT THAT PORTION OF SAID TRACTS 6, 7 AND 8, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 491.5 FEET NORTH OF THE SOUTHEAST CORNER OF SAID TRACT 8 ON THE
EAST MARGINAL LINE OF SAID TRACT 8;
6; 844.61 FEET TO A POINT 485.5 FEET NORTH OF ~ SOUTH MARGINAL LINE OF TRACT
THENC~ SOUTH 4~5.5 FEET, MORE OR LESS, TO THE SOUTH MARGINAL LINE OF SAID TRACT 6 AT A
POINT 844.61 FEET WEST OF THE SOUTHEAST CORNER OF SAID TRACT 8;
'rf~-NCE EAST, ALONG SAID SOUTH MARGINAL LINE OF TRACTS 6, 7 AND 8 TO THE SOUTI~-AST
CORN,~X OF SAID TRACT 8;
THENCE NORTH, ALONG 'rt~ EAST MARGINAL LINE OF SAID TRACT 8 TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION OF SAID TRACT ~ IN BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT
RECORDED IN VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY, WASHINOTON WHICH
WITH THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 1;
THENCE SOUTH 86°20'51· EAST ALONG ~ NORTH LINE OF SAID TRACT I A DISTANCE OF 544.33
FEET;
THENCE SOUTH 3'28'24" WEST A DISTANCE OF 239.88 FEET TO A POINT OF CURVATURE;
...~__~_~?~, A,~V~W TO T~ ~r ~ A ~.AD~US O~ ~0 ~T T~OU~ A ~
ANOL~ OF 30 49 10 AN ARC DISTANCE OF 161.37 FEET;
THENCE SOUTH 34°17'34" WEST A DISTANCE OF 711.65 PEET TO A POINT OF CURVATURE;
THENCE SOUTH 01'27'37" WEST 610.89 FEET TO A POINT OF CURVATURE;
TH~a ALO~ A ~U TO T~ t~T ~V~ A ~.AD~S O~ ~ ~ TH~O~ A ~
OF 20'20'23' AN ARC DISTANCE OF 106.~0 FEET;
~C~ SO~ 15'~2'4~' EAST A DISTANCE OF 27~.13 FEET TO POINT OF CURVATURE;
...~___~_~o~, A.CU~ TO T~ ~T nArCO A ~.AD~S O~ ~0 ~ Tm~OV~ ^ ~
A~Ot.~ OF 20 20 23 AN ARC DISTANCE OF 106.~0 FEET;
THENCE SOUTH 01"27'37" WEST A DISTANCE OF 52.$1 FEET;
'tHENCE NORTH 86~5',0~.~.WEST A DISTANCE OF 187.19 FEET TO ~ WEST LINE OP SAID TRACT ~;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
F.X~4/IUT 'C' - LEGAl.. DESCk~-~DN OF I~,.OPERTY
PARCEL L:
ALL THOSE RIGHTS (INCLUDING, BUT NOT LIMii'{=D TO, AN EASEMENT FOR INGRESS AND EGRESS,
RIGHT OF USE OF SURFACE, AND RIGHT OF REVERSION) RESERVED AND DI~_!.I~VEATED IN INSTRUMENT
DATED NOVEMBER 28, 1973, RECORDED NOVEMBER 29, 1973 UNDER KING COUNTY RECORDING NO.
7311290190 IN THE FOLLOWING DESCRIBED PROPERTY:
A CONTINUOUS 100-FOOT WIDE STRIP OF LAND CONVEYED TO THE CITY OF TACOMA FOR WATER
TRANSMISSION PIP~-~NE BY D~.~n RECORDED UNDER RECORDING NO. 7311290190, LYING B~
VLUM~ Z:.+ UP PLAT~, PAGE 6, RECORDS OF ION(] C
ON THE "'" .............. OUNTY, SAID STRIP LYING 80 FEET
n,ot~ J ,.,,.Jo..x ~,u.~t~ AND 20 FEET ON TIlE SO~y SIDE O1~' ~ .~nl,-s-,.,,~oT v ~,A~,rn'~ ,~
THE 2 ................. ~,~, ~r
26 .5 FOOT WIDE BONNEVII.rl~ TRANSMISSION LINE EAS~ AS
RECORDING NOS. 3255112 AND 50485~4; , RECORDED UNDER
SITUATE IN THE crrY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
PARcl/I. M:
LOT 2 OF CITY OF AUBURN SHORT PLAT NO. 20-81, ACCORDING TO TliE SHORT PLAT RECORDED
UNDER KING COUN~ RECORDING NO. 8109230423;
· · -_, A. LAKE DONATION LAND CLAIM, DESIONAI~D AX
DCI~N~ ~ ~kO~.~}~vl~N: O A PART OF SF_,CTION l, TOWNSHIP 21 NORTH, RANGE4 EAST W.M.,
BEGINNING AT A POINT 25 RODS SOUTH OF THE NORTHWEST CORNER OF SAID DONATION LAND
CLAIM;
TI4RNCE WEST 34.98 FEET;
TI4I~-MCE SOUTH 105 ROD~;
TI.H~NCE EAST TO TI~ WEST LINE OF TH~ NORTHERN PACI~C RAILWAY
RIGIiT-OF-WAY;
THENCE NORTH ALONO SAID
COUNTY ROAD NO. 254; WEST RIGHT-OF-WAY LINE 108 RODS TO THE SOUTheRLY LINE OF KING
THENCE SOUTt~y ALONG SAID SOUTItERLY LINE TO THE POINT OF BEOINN]NG;
COUNTY RECORDINO NO. 9310251868;
EXCEPT ANY PORTION TI~.REOF LYING SOUTIIERLY OF THE SOUTI:~RLY BOUNDARy OF LOT 2 OF
SAID SHORT PLAT;
- r,a~.mm.~ r~ort~t-l']~ 201 -/9 FEET SOUTH OF TIlE NORTHWEST CO ·
· RNER THEREOF,
THENCE EAST ON A lINE PARAI J.~l_ WITH THE SOUTH LINE OF SAID LOT 2 OF SAID SHORT PLAT, TO
A POINT OF TIlE WEST LINE OF TIiE NORTIIERN PACIFIC RAILWAY RIGHT-OF-WAY AND Tile
TErMiNUS OF Tm~ ~
SITUATE IN THE ~I:I'Y OF AUBURN, COUNTY OF KING, STATE OF WASItiNGTON.
EXHIBIT 'C' - {.~GAL DE3CAIP'aKAN' OF I~OPEATY
PARCEL N:
THAT PORTION OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION I, TOWNSHIP 21 NORTH,
RANGE 4 EAST W.M, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 6 FEET NORTH OF THE SOUTH LINE OF SAID
SUBDMSION WHICH IS 628 FEET EAST OF THE EAST LINE OF A TRACT OF LAND srrUATED IN SAID
SUBDMSION AS CONVEYED TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY CO. FOR A
RIGHT-OF-WAY;
THENCE NORTH 178 FEET;
THENCE EAST 9g FEET;
THENCE SOUTII 178
THENCE WEST 98 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORT~ON THEREOF CONVEYED TO THE CITY OF AUBURN FOR 29TH STR~Tr
NORTHWEST (SOUTH ~0TH 5-~xEET) BY D~.~r~ RECORDED UNDER RECORDING NO. 7412230219;
(ALSO BEING KNOWN AS A PORTION OF LOT B IN BLOCK 5 OF CHRISTOPHER GARDEN TRACTS, AS PER
PLAT RECORDED IN VOLUME 23 OF PLATS, PAGE 26, RECORDS OF KING COUNTY)
SITUATE IN THE CITY OF AUBURN, COUNTY OF lONG, STATE OF WASI'HNGTON.
PARCEL O:
THAT PORTION OF LOT 6 IN BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS pER PLAT RECORDED IN
VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY; DESCRIBED AS FOLLOWS:
BEGINNING ON TIlE EAST LINE OF SAID BLOCK AT A POINT WHICII IS 491.50 FEET NORTIi]~y OF THE
SOUTHEAST CORNER TI=H~.EOF;
THENCE WESTERLY 844.61 l~{r2=-r TO A POINT WHICH IS 485.50 FEET NORTH OF TIlE SOnY LINE
OF SAID LOT 6 AND THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY 331.50 FEET TO Tile
NORTHWF~T CORNI~ OF A TRACT OF LAND CONVEYED TO JENNIE $. BOWMAN BY Dm~n RECORDED
OCTOBER 31, 1916 UNDER RECORDING NO. 1093896;
THENCE EASi'.'=i~LY, ALONG THE NORTHERLY LINE OF SAID TRACT OF LAND, 98 FEET TO THE
NORTHEAST CORNER OF SAID TRACT OF LAND;
Tgh-'NCE SOUTHERLY, ALONG Tile EASTERLY LINE OF SAID TRACT OF LAND, TO THE SOUT~.Ly
LINE OF SAID LOT 6;
TR~.WICE EA~-i~y, ALONG SAID S~Y LINE, 12.76 FEET, MORE OR LESS, TO THE SO~AST
CORNER OF SAID LOT 6;
THENCE NORTI~k~.Ly, ALONG TIlE EASTERLY LINE OF SAID LOT 6, A DISTANCE OF 486.28
THENCE WESTERLY 110.45 FEET, MORE OR l_~-qS, TO TltE TRUE POINT OF BEGINNING;
EXCElrF THAT PORTION, IP ANY, WI-HCIt LIES NORTHERLY OF ~ FOLLOWINO DF.,SCRI~ED LINE:
BEGINNING AT A POINT ON THE EAST LINE OF LKYr 8 IN SAID BLOCK 3 WI-HCH IX 491.5 NORTIt OF THE
SO~ CORNER OF SAID LOT 8;
THENCE WEST A DISTANCE OF 844.61 FEET TO A POINT WHICH IS 485.5 FEET NORTit OF THE SOUTH
LINE OF LOT 6 IN SAID BLOCK 3, AND THE TERMINUS OF THIS LINE DESCRIPTION;
SITUATE IN THE CiTY OF AUBURN, COUNTY OF IONG, STATE OF WASHINGTON.
~ "C' - LEGAl, DF. SCRII~JON OF PROPERTY
Pqo 7 of 8
PARCEL P:
THAT PORTION OF LOT 7 IN BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT RECORDED IN
VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 7 WHICH IS 486.28 FEET NORTH OF THE
SO~T CORNER OF SAID LOT 7;
THENCE EAST ALONG A LINE WHICH EXTt:NDS TO A POINT ON THE EAST LINE OF LOT $ IN SAID
BLOCK 3 WHICH IS 491.5 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 8, 121 FEET;
THENCE SOUTH TO A POINT ON THE SOUTH LINE OF SAID LOT 7 WHICH IS 121 FEET EAST OF THE
SOUTHWEST CORNER OF SAID LOT 7;
THENCE WEST, ALONG SAID SOUTH LINE, 121 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7;
THENCE NORTH 486.28 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION, !1~ ANY, WHICH LIES NORTHERLY OF THE FOLLOWING DESCRIBED LINE;
BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 8 WHICH IS 491.5 FEET NORTH OF THE
SOUTgl~AST CORNER OF SAID LOT
THENCE WEST A DISTANCE OF ~44.61 FEET TO A POINT WHICH IS 485.5 FEET NORTH OF THE
LINE OF LOT 6 IN SAID BLOCK 3 AND THE TERMINUS OF THIS LXNE DESCRIPTION;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
EXlilBff 'C' - LEOAL DF. SCRJ]~ION O~ PROP~rrY
137th
NW
iA
Z
ZQ:
0-'~
,,...II
ORIGINAL
LEGAL DESCRIPTION
PARCEL A:
GOVERNMENT LOT 7 IN SECTION 1, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M.;
EXCEPT THE EAST 34.98 FEET THEREOF;
AND EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF THE
CHICAOO, MILWAUKEE & ST. PAUL RAILROAD RIGHT-OF-WAY, AS CONVEYED UNDER RECORDINO NO.
473299;
AND EXCEPT THE NORTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTH 300TH STREET
(29TH STREET NORTHWEST) BY DEED RECORDED UNDER RECORDING NO. 240973;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
0~PARCEL B:
gGOVERNMENT LOT SECTION TOWNSHIP 21 RANGE 4 EAST
I,
12,
NORTH,
W.M.;
(~EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF THE CHICAGO,
'e~MILWAUKEE & ST. PAUL RAILROAD RIGHT-OF-WAY, AS CONVEYED UNDER RECORDING NO. 473299;
AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING:
THAT PORTION OF SECTION 1 AND SECTION 12, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE JAMES A. LAKE DONATION LAND CLAIM NO. 38 &
41;
THENCE SOUTH 00°54'08" WEST ALONG THE WEST LINE OF SAID DONATION CLAIM 1,580.02 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88°49'52" EAST 273.42 FEET TO THE WESTERLY MARGIN OF BURLINGTON NORTHERN
RAILROAD COMPANY RIGHT-OF-WAY; THENCE SOUTH 00°54'08" WEST, ALONG SAID
RIGHT-OF-WAY 564.98 FEET;
THENCE NORTH 88049'52" WEST 308.40 FEET;
THENCE NORTH 00°54'08" EAST 564.98 FEET;
THENCE SOUTH 88°49'52" EAST 34.98 FEET TO THE TRUE POINT OF BEGINNING;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
LEGAL DESCRIPTION - La Term L'm~ed Ps~m~r~hlp
Pag~ 1 of 7
Ordinance NO. 4689
Exhibit "B"
PARCEL C:
THAT PORTION OF SECTION 1 AND SEt;I1ON 12, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE ]AMES A. LAKE DONATION LAND CLAIM NO. 38 &
41;
THENCE SOUTH 00°54'08" WEST ALONG THE WEST LINE OF SAID DONATION CLAIM 1,580.02 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88°49'52" EAST 273.42 FEET TO THE WESTERLY MARGIN OF BURLINGTON NORTHERN
RAILROAD COMPANY RIGHT-OF-WAY; THENCE SOUTH 00°54'08" WEST ALONG SAID
RIGHT-OF-WAY 564.98 FEET;
THENCE NORTH 88°49'52" WEST 308.40 FF. ET; THENCE NORTH 00°54'08# EAST 564.98 FEET; THENCE
SOUTH 88°49'52H EAST 34.98 FEET TO THE TRUE POINT OF BEGINNING;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
~PARCEL D:
~LOT 1 OF CITY OF AUBURN SHORT PLAT NO. SP-20-81, ACCORDING TO THE SHORT PLAT RECORDED
UNDER KING COUNTY RECORDING NO. 8109230423, AND AS CORRECTED UNDER RECORDING NO.
8110120405;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL E:
THAT PORTION OF THE EAST 34.98 FEET OF GOVERNMENT LOT 7 AND THAT PORTION OF/AMES A.
LAKE DONATION LAND CLAIM NO. 38 & 41, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD
RIGHT-OF-WAY; ALL IN SECTION 1, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., LYING SOUTHERLY
OF THE SOUTH LINE OF LOT 1 OF CITY OF AUBURN SHORT PLAT NO. SP-20-18, ACCORDING TO SHORT
PLAT RECORDED UNDER KING COUNTY RECORDING NO. 8109230423, AND AS CORRECTED UNDER
RECORDING NO. 8110120405, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHWEST CORNER OF SAID DONATION LAND CLAIM; THENCE SOUTH 00°54'08"
WEST ALONG THE WEST LINE OF SAID DONATION LAND CLAIM, 1,580.02 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE SOUTH 88 °49'52' EAST, 273.42 FEET TO THE WESTERLY MARGIN OF SAID RAILROAD RIGHT-OF-
WAY AND THE TERMINUS OF SAID LINE;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
LEGAL DESCRIPTION - La T~rta Limited Pattt~-~hlp
Pag~ 2 of 7 u,aoAt.ax~ctn,
PARCEL F:
THAT PORTION OF GOVERNMENT LOT 2 IN SECI1ON 12, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M.,
LYING WESTERLY OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, FORMERLY THE
NORTHERN PACIFIC RAILROAD RIGHT-OF-WAY:
TOGETHER WITH, COMIVIENCING AT THE NORTHWEST CORNER OF GOVERNMENT LOT 3 IN SECTION
12, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.;
THENCE SOUTH 86°10'39" EAST ALONG THE NORTHERLY LINE OF SAID GOVERNMENT LOT 3, A
DISTANCE OF 126.32 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 86° 10'39" EAST ALONG SAID NORTH LINE 156.20 FEET TO THE WESTERLy
LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY;
THENCE SOUTH 00°54'02" WEST ALONG SAID WESTERLY RIGHT-OF-WAY LINE 171.61 FEET;
THENCE NORTH 89°05'59" WEST 156.00 FEET;
THENCE NORTH 00054'02" EAST 179.57 FEET TO THE TRUE POINT OF BEGINNING.
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL I:
THE SOUTH 165 FEET OF THAT PORTION OF THE/AMES A. LAKE DONATION CLAIM NO. 38 & 41 IN
SECTION 12, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., RECORDS OF KING COUNTY, LYING
WESTERLY OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, FORMERLY THE NORTHERN
PACIFIC RAILROAD RIGHT-OF-WAY;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL J:
TRACTS 1, 2, 3 AND 4 IN BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT RECORDED IN
VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY;
EXCEPT A CONTINUOUS 100-FOOT WIDE STRIP OF LAND CONVEYED TO THE CITY OF TACOMA FOR
WATER TRANSMISSION PIPELINE BY DEED RECORDED UNDER RECORDING NO. 7311290190, LYING
BETWEEN THE EAST AND WEST MARGINS OF BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PER
PLAT RECORDED IN VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY, SAID STRIP LYING
80 FEET ON THE NORTHERLY SIDE AND 20 FEET ON THE SOUTHERLY SIDE OF THE SOUTHERLY
MARGIN OF THE 262.5-FOOT WIDE BONNEVILLE TRANSMISSION LINE EASEMENT, AS RECORDED
UNDER RECORDING NOS. 3255112 AND 5048564;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
LEGAL DESCRIPTION - L~ Term Limlt~d Pa~mer~Mp
Page 3 of 7
PARCEL K:
TRACTS 5, 6, 7 AND 8 IN BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT RECORDED IN
VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY;
EXCEPT THAT PORTION OF SAID TRACTS 6, 7 AND 8, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 491.5 FEET NORTH OF THE SOUTHEAST CORNER OF SAID TRACT 8 ON THE
EAST MARGINAL LINE OF SAID TRACT 8;
THENCE WEST 844.61 FEET TO A POINT 485.5 FEET NORTH OF THE SOUTH MARGINAL LINE OF TRACT
6;
THENCE SOUTH 485.5 FEET, MORE OR LESS, TO THE SOUTH MARGINAL LINE OF SAID TRACT 6 AT A
POINT 844.61 FEET WEST OF THE SOUTHEAST CORNER OF SAID TRACT 8;
THENCE EAST, ALONG SAID SOUTH MARGINAL LINE OF TRACTS 6, 7 AND 8 TO THE SOUTHEAST
CORNER OF SAID TRACT 8;
THENCE NORTH, ALONG THE EAST MARGINAL LINE OF SAID TRACT 8 TO THE POINT OF BEGINNING;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL L:
ALL THOSE RIGHTS (INCLUDING, BUT NOT LIIvn'rl~D TO, AN EASEMENT FOR INGRESS AND EGRESS,
RIGHT OF USE OF SURFACE, AND RIGHT OF REVERSION) RESERVED AND DELINEATED IN INSTRUMENT
DATED NOVEMBER 28, 1973, RECORDED NOVEMBER 29, 1973 UNDER KING COUNTY RECORDING NO.
7311290190 IN THE FOLLOWING DESCRIBED PROPERTY:
A CONTINUOUS 100-FOOT WIDE STRIP OF LAND CONVEYED TO THE CITY OF TACOMA FOR WATER
TRANSMISSION PIPELINE BY DEED RECORDED UNDER RECORDING NO. 7311290190, LYING BETWEEN
THE EAST AND WEST MARGINS OF BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT
RECORDED IN VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY, SAID STRIP LYING 80 FEET
ON THE NORTHERLY SIDE AND 20 FEET ON THE SOUTHERLY SIDE OF THE SOUTHERLY MARGIN OF
THE 262.5 FOOT WIDE BONNEVILLE TRANSMISSION LINE EASEMENT, AS RECORDED UNDER
RECORDING NOS. 3255112 AND 5048584;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
LEGAL DESCRIPTION - La Terra Limit~l Pam~r~hip
Pago 4 of 7 XL~OALS~LA~.C~
PARCEL M:
LOT 2 OF CITY OF AUBURN SHORT PLAT NO. 20-81, ACCORDING TO THE SHORT PLAT RECORDED
UNDER KING COUNTY RECORDING NO. 8109230423;
TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 1, TOWNSHIP 21 NORTH, RANGE
4 EAST W.M. AND THAT PORTION OF THE lAMES A. LAKE DONATION LAND CLAIM, DESIGNATED AS
CLAIM NO. 38 & 41, BEING A PART OF SECTION 1, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M.,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 25 RODS SOUTH OF THE NORTHWEST CORNER OF SAID DONATION LAND
CLAIM;
THENCE WEST 34.98 FEET;
THENCE SOUTH 105 RODS;
THENCE EAST TO THE WEST LINE OF THE NORTHERN PACIFIC RAILWAY
RIGHT-OF-WAY;
THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE 108 RODS TO THE SOUTHERLY LINE OF KING
COUNTY ROAD NO. 254;
THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING;
TOGETHER VglTH AN EASEMENT FOR INGRESS, EGRESS AND UTH. r~IES, DATED MAY 16, 1994. AND
RECORDED UNDER KING COUNTY RECORDING NO. 9405270873;
EXCEPT ANY PORTION THEREOF LYING SOUTHERLY OF THE SOUTHERLY BOUNDARY OF LOT 2 OF
SAID SHORT PLAT;
AND EXCEPT THAT PORTION LYING NORTH OF A LINE BEGINNING AT A POINT ON THE WEST LINE OF
THE ABOVE-DESCRIBED PROPERTY 201.79 FEET SOUTH OF THE NORTHWEST CORNER THEREOF;
THENCE EAST ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 2 OF SAID SHORT PLAT, TO
A POINT ON THE WEST LINE OF THE NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY AND THE
TERMINUS OF THE LINE;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
LEGAL DE$CRIF'rION - La Terra Limited P~hip
Page 5 of 7 u.~o,,&s,t.¥r~Rto,.ctw
PARCEL N:
THAT PORTION OF THE NORTItWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHn~ 21 NORTH,
RANGE 4 EAST W.M, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 6 FEET NORTH OF THE SOUTH LINE OF SAID
SUBDMSION WHICH IS 628 FEET EAST OF THE EAST LINE OF A TRACT OF LAND SITUATED IN SAID
SUBDIVISION AS CONVEYED TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY CO. FOR A
RIGHT-OF-WAY;
THENCE NORTH 178 FEET;
THENCE EAST 98 FEET;
THENCE SOUTH 178 FEET;
THENCE WEST 98 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN FOR 29TH STREET
NORTHWEST (SOUTH 300TH STREET) BY DEED RECORDED UNDER RECORDING NO. 7412230219;
(ALSO BEING KNOWN AS A PORTION OF LOT B IN BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PER
PLAT RECORDED IN VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY)
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 0:
THAT PORTION OF LOT 6 IN BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT RECORDED IN
VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY; DESCRIBED AS FOLLOWS:
SAID BLOCK AT A POINT WHICH IS 491.50 FEET NORTHERLY OF THE
BEGINNING
ON
THE
EAST
OF
SOUTHEAST CORNER THEREOF;
THENCE WESTERLY 844.61 FEET TO A POINT WHICH IS 485.50 FEET NORTH OF THE SOUTHERLy LINE
OF SAID LOT 6 AND THE TRUE POINT OF BEGINNING; THENCE SOUTHERLy 331.50 FEET TO THE
NORTFtWEST CORNER OF A TRACT OF LAND CONVEYED TO JENNIE S. BOWMAN BY DEED RECORDED
OCTOBER 31, 1916 UNDER RECORDING NO. 1093896;
THENCE EASTERLY, ALONG THE NORTHERLY LINE OF SAID TRACT OF LAND, 98 FEET TO THE
NORTHEAST CORNER OF SAID TRACT OF LAND;
THENCE SOUTHERLY, ALONG THE EASTERLY LINE OF SAID TRACT OF LAND, TO THE SOUTHERLY
LINE OF SAID LOT 6;
THENCE EASTERLY, ALONG SAID SOUTHERLY LINE, 12.76 FEET, MORE OR LESS, TO THE SOUTHEAST
CORNER OF SAID LOT 6;
THENCE NORTHERLY, ALONG THE EASTERLY LINE OF SAID LOT 6, A DISTANCE OF 486.28 FEET;
THENCE WESTERLY 110.45 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION, IF ANY, WHICH LIES NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE EAST LINE OF LOT 8 IN SAID BLOCK 3 WHICH IS 491.5 NORTH OF THE
SOUTHEAST CORNER OF SAID LOT 8;
THENCE WEST A DISTANCE OF 844.61 FEET TO A POINT WHICH IS 485.5 FEET NORTH OF THE SOUTH
LINE OF LOT 6 IN SAID BLOCK 3, AND THE TERMINUS OF THIS LINE DESCRIlrrlON;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
LEGAL DESCRIPTION - L~ Term Limlt~l P~m~mhlp
PARCEL P:
THAT PORTION OF LOT 7 IN BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT RECORDED IN
VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 7 WHICH IS 486.28 FEET NORTH OF THE
SOUTHWEST CORNER OF SAID LOT 7;
THENCE EAST ALONG A LINE WHICH EX'I~NDS TO A POINT ON THE EAST LINE OF LOT 8 IN SAID
BLOCK 3 WHICH IS 491.5 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 8, A DISTANCE OF
121 FEET;
THENCE SOUTH TO A POINT ON THE SOUTH LINE OF SAID LOT 7 WHICH IS 121 FEET EAST OF THE
SOUTHWEST CORNER OF SAID LOT 7;
THENCE WEST, ALONG SAID SOUTH LINE, 121 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7;
THENCE NORTH 486.28 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION, IF ANY, WHICH LrFs NORTHERLY OF THE FOLLOWING DESCRIBED LINE;
BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 8 WHICH IS 491.$ FEET NORTH OF THE
SOUTHEAST CORNER OF SAID LOT 8;
THENCE WEST A DISTANCE OF 844.61 FEET TO A POINT WHICH IS 485.5 FEET NORTH OF THE SOUTH
LINE OF LOT 6 IN SAID BLOCK 3 AND THE TERMINUS OF THIS LINE DESCRIPTION;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
LEGAL DESCRIPTION. La Term Limited Partne~hlp
Page 7 of 7 U.nOALSU..,,Tm~RA.CU~
SITUATE IN THE CITY OF AUBURN:~ ~L,~ ~ NORTH LINE_I~;:_
COUNTY OF KING STATE OF
TON. ' '~'~'""~:~'Z-~I ~ERN RAILROAD
PARCEL B: ~,~,~j~ ~? ,,
GOVERNMENT LOT 1, SECTION 1~ ~ ~'~e54'02 WEST
T~NSHIP 21 ~RTH, ~GE 4 ~ ~ ~y ~-WAY
W.U.: ~ ~ ~- .
EXCEPT THAT PORTION THEREOF ~~ ~STI~.~
LYING WESTERLY OF THE EASTERLY ~,
MARGIN OF THE CHI~, MILWAU~E ~ ~ ~' ~T 1~.~
& ~. PAUL ~ILROAD RIGHT. F-WAY, ~ ,[~ TO ~ ~ ~ BEGIN-
AS U.D R REmRD .G.O.
AND EX'PT THAT ~TION THEREOF ~ ~ ~ ~A~ ~ W~HING-
TON.
LYING WITHIN THE FOLLOWING:
THAT PORTION OF SECTION 1 AND SEC-
TION 12, TOWNSHIP 21 NORTH, RANGE
4 EAST W.M, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST COR-
NER OF THE JAMES A. LAKE DONATION
LAND CLAIM NO. 38 & 41;
THENCE SOUTH 00"54'08' WEST
ALONG THE WEST LINE OF SAID DONA-
TION CLAIM 1,580.02 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 88049'52" EAST 273.42
FEET TO THE WESTERLY MARGIN OF
BURLINGTON NORTHERN RAILROAD
COMPANY RIGHT-OF-WAY; THENCE
SOUTH 00°54'08'' WEST, ALONG SAID
RIGHT-OF-WAY 564.98 FEET;
THENCE NORTH 88°49'52'' WEST 308.40
FEET;
THENCE NORTH 00°54'08'' EAST 564.98
FEET;
THENCE SOUTH 88"49'52" EAST 34.98
FEET TO THE TRUE POINT OF BEGIN-
NING;
SITUATE IN THE CITY OF AUBURN,
COUNTY OF KING, STATE OF WASHING-
TON
PARCEL C:
THAT PORTION OF SECTION 1 AND SEC-
TION 12, TOWNSHIP 21 NORTH, RANGE
4 EAST WM., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST COR-
NER OF THE JAMES A. LAKE DONATION
LAND CLAIM NO, 38 & 41;
THENCE SOUTH 00°54'08'' WEST
ALONG THE WEST LINE OF SAID DONA-
TION CLAIM 1,580.02 FEET. TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 88049'52TM EAST 273.42
FEET TO THE WESTERLY MARGIN OF
BURLINGTON NORTHERN RAILROAD
COMPANY RIGHT-OF-WAY; THENCE
SOUTH 00"54'08" WEST ALONG SAID
RIGHT-OF-WAY 564.98 FEET;
THENCE NORTH 88"49'52" WEST 308.40
FEET; THENCE NORTH 00o54'08TM EAST
564.98 FEET; THENCE SOUTH 88°49'52''
EAST 34.98 FEET TO THE TRUE POINT
OF BEGINNING.
SITUATE IN THE CITY OF AUBURN,
COUNTY OF KING, STATE OF WASHING-
TON.
PARCEL D:
LOT 1 OF CITY OF AUBURN SHORT
PLAT NO. SP-20-81, ACCORDING TO THE
SHORT PLAT RECORDED UNDER KING
COUNTY RECORDING NO. 8109230423,
AND AS CORRECTED UNDER RECORD-
ING NO. 8110120405;
SITUATE IN THE CITY OF AUBURN,
COUNTY OF KING, STATE OF WASHING-
TON.
PARCEL E:
THAT PORTION OF THE EAST 34.98
FEET OF GOVERNMENT LOT 7 AND
THAT PORTION OF JAMES A. LAKE
DONATION LAND CLAIM NO. 38 & 4t,
LYING WEST OF THE BURLINGTON
NORTHERN RAILROAD RIGHT-OF-WAY;
ALL IN SECTION 1, TOWNSHIP 21
NORTH, RANGE 4 EAST W.M, LYING
SOUTHERLY OF THE SOUTH LINE OF
LOT 1 OF CITY OF AUBURN SHORT
PLAT NO. SP-20-18, ACCORDING TO
SHORT PLAT RECORDED UNDER KING
C~!_!NTY RECORDING NO. 8109230423,
AND AS CORRECTED UNDER RECOR[~
lNG NO, 8110120405, AND NORTHERLY
OF THE FOLLOWING DESCRIBED LINF:
BEGINNING AT THE NORTHWEST COR-
NER OF SAiD DONATION LAND CLAIM;
THENCE SOUTH 00054'08'' WEST
ALONG THE WEST LINE OF SAID DONA-
TION LAND CLAIM, 1,580.02 FEET TO
THE TRUE POINT OF BEGINNING;.
THENCE SOUTH 88"49'52" EAST, 273.42
FEET TO THE WESTERLY MARGIN OF
SAiD RAILROAD RIGHT-OF-WAY AND
THE TERMINUS OF SAID LINE;
SITUATE IN THE CITY O AUBURN,
COUNTY OF KING, STATE OF WASHING-
TON.
PARCEL F:
THAT PORTION OF GOVERNMENT LOT 2
IN SECTION 12, TOWNSHIP 21 NORTH,
RANGE 4 EAST WM, LYING WESTERLY
3F THE BURLINGTON NORTHERN RAIL-
rOAD RIGHT-OF-WAY, FORMERLY THE
~ORTHERN PACIFIC RAILROAD RIGHT-
PARCEL I:
THE SOUTH 1~ FEET OF THAT POR-
TION OF THE JAME~ A. I.~KE DONATION
CLAIM NO. 38 & 41 1N SECTION 12,
TOWNSHIP 21 NORTH, RANGE 4 EAST
W.M., RECORDS OF KING COUNTY,
LYING WESTERLY OF THE BURUNGTON
NORTHERN RAILROAD RIGHT-OF-WAY,
FORMERLY THE NORTHERN PACIFIC
RAILROAD RIGHT-OF-wAY;
SITUATE IN THE CITY OF AUBURN,
COUNTY OF KING, STATE OF WASHING-
TON.
PARCEL J:
TRACTS 1, 2, 3 AND 4 IN BLOCK 3 OF
CHRISTOPHER GARDEN TRACTS, AS
PER PLAT RECORDED IN VOLUME 23 OF
PLATS, PAGE 6, RECORDS OF KING
COUNTY;
EXCEPT A CONTINUOUS 100-FOOT
WIDE STRIP OF LAND CONVEYED TO
THE CITY OF TACOMA FOR WATER
TRANSMISSION PIPELINE BY DEED
RECORDED UNDER RECORDING NO,
7311290190, LYING BETWEEN THE EAST
AND WEST MARGINS OF BLOCK 3 OF
CHRISTOPHER GARDEN TRACTS, AS
PER PLAT RECCRDED IN VOLUME 23 OF
PLATS, PAGE 6, RECORDS OF KING
COUNTY, SAID STRIP LYING 80 FEET ON
THE NORTHERLY SIDE AND 20 FEET ON
THE SOUTHERLY SIDE OF THE SOUTH-
ERLY MARGIN OF THE 262.5-FOOT WIDE
BONNEVILLE TRANSMISSION LINE
EASEMENT, AS RECORDED UNDER
RECORDING NOS. 3255112 AND
5048564;
SITUATE IN T~E CiTY OF AUBURN,
COUNTY OF KING, STATE OF WASHING-
TON,
PARCEL K:
TRACTS 5, 6, 7 AND 8 IN BLOCK 3 OF
CHRISTOPHER GARDEN TRACTS, AS
PER PLAT RECORDED IN VOLUME 23 OF
PLATS, PAGE 6, RECORDS OF KING
COUNTY.
EXCEPT THAT PORTION OF SAiD
TRACTS 6, 7 AND 8, DESCRIBED AS FOL-
LOWS:
BEGINNING AT A POINT 491.5 FEET
NORTH OF THE SOUTHEAST CORNER
OF SAID TRACT 8 ON THE EAST MAR-
GINAL LiNE OF SAID TRACT 8;
THENCE WEST 844~61 FEET TO A POINT
485~5 FEET NORTH OF THE SOUTH
MARGINAL LINE OF TRACT 6;
THENCE SOUTH 485.5 FEET, MORE OR
LESS, TO THE SOUTH MARGINAL LINE
OF SAID TRACT 6 AT A POINT 844.61
FEET WEST OF THE SOUTHEAST COR-
NER OF SAID TRACT 8;
THENCE EAST, ALONG SAID SOUTH
MARGINAL LINE OF TRACTS 6, 7 AND 8
TO THE SOUTHEAST CORNER OF SAID
TRACT 8;
THENCE NORTH, ALONG THE EAST
MARGINAL LiNE OF SAID TRACT 8 TO
THE POINT OF BEGINNING;
SITUATE IN THE CITY OF AUBURN,
COUNTY OF KING, STATE OF WASHING-
TON.
PARCEL L:
ALL THOSE RIGHTS (iNCLUDING, BUT
NOT LIMITED TO, AN EASEMENT FOR
INGRESS AND EGRESS. RIGHT OF USE
OF SURFACE, AND RIGHT OF REVER-
SION) RESERVED AND DELINEATED IN
INSTRUMENT DATED NOVEMBER 28.
1973. RECORDER NOVEMBER 29, 1973
UNDER KING COUNTY RECORDING NO
7311290190 IN THE FOLLOWING
DESCRIBED PROPERTY:
A CONTINUOUS 100-FOOT WIDE STRIP
OF LAND CONVEYED TO THE CITY OF
TACOMA FOR WATER TRANSMISSION
PIPELINE BY DEED RECORDED UNDER
RECORDING NO 7311290190, LYING
BETWEEN THE EAST AND WEST MAR-
GINS OF BLOCK 3 OF CHRISTOPHER
GARDEN TRACTS, AS PER PLAT
RECORDED IN VOLUME 23 OF PLATS,
PAGE 6, RECORDS OF KING COUNTY,
SAiD STRIP LYING 80 FEET ON THE
NORTHERLY SiDE AND 20 FEET ON THE
SOUTHERLY SIDE OF THE SOUTHERLY
MARGIN OF THE 262.5 FOOT WIDE BON-
NEVILLE TRANSMISSION LINE EASE-
MENT. AS RECORDED UNDER RECORD.
lNG NOS. 3255112 AND 5048584;
W.M AND '~..,T PORTION OF THE
JAMES A. LAKE DONATION LAND C!.JdM,
DESIGNATED AS CLAIM NO. 38 & 41,
BEING A PART OF SECTION 1, TOWN*
SHIP 21 NORTH, RANGE 4 EAST WM.
DESCRIBED A~ FOLLOW~:
BEGINNING AT A POINT 25 RODS
SOUTH OF THE NORTHWEST CORNER
OF SAID DONATION LAND CLAIM;
THENCE WEST 34.98 FEET;
THENCE SOUTH 195 RODS;
THENCE EAST TO THE WEST LINE OF
THE NORTHERN PACIFIC RAILWAY
RIGHT-OF-WAY;
THENCE NORTH ALONG SAID WrST
RIGHT-OF.WAY LINE 108 RODS TO THE
SOUTHERLY LINE OF KING COUNTY
ROAD NO. 254;
THENCE SOUTHWESTERLY ALONG
SAID SOUTHERLY LiNE TO THE POINT
OF BEGINNING;
TOGETHER WITH AN EASEMENT FOR
INGRESS, EGRESS AND UTILITIES, DAT-
ED MAY 16, 1994 AND RECORDED
UNDER KING COUNTY RECORDING NO.
9405270873;
EXCEPT ANY PORTION THEREOF LYING
SOUTHERLY OF THE SOUTHERLY
BOUNDARY OF LOT 2 OF SAID SHORT
PLAT;
AND EXCEPT THAT PORTION LYING
NORTH OF A LINE BEGINNING AT A
POINT ON THE WEST LINE OF THE
ABOVE-DESCRIBED PROPERTY 201.79
FEET SOUTH OF THE NORTHWEgT
CORNER THEREOF;
THENCE EAST ON A LINE PARALLEL
WITH THE SOUTH LINE OF SAID LOT' 2
OF SAID SHORT PLAT, TO A POINT ON
THE WEST LINE OF THE NORTHEFIN
PACIFIC RAILWAY RIGHT-OF-WAY AND
THE TERMINUS OF THE LINE;
SITUATE IN THE CITY OF AUBURN,
COUNTY OF KING, STATE OF WASHING-
TON.
PARCEL N:
THAT PORTION OF THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF SEC-
TION 1, TOWNSHIP 21 NORTH, RANGE 4
EAST W.M, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 6 FEET NORTH
OF THE SOUTH LINE OF SAID SUBDIVI-
SION WHICH IS 628 FEET EAST OF THE
EAST LINE OF A TRACT OF LAND SITU.
ATED IN SAID SUBDIVISION AS COn-
VEYED TO THE CHICAGO, MILWAUKEE
AND ST. PAUL RAILWAY CO FOR A
RIGHT-OF-WAY;
THENCE NORTH 178 FEET;
THENCE EAST 98 FEET;
THENCE SOUTH 178 FEET;
THENCE WEST 98 FEET TO THE POINT
OF BEGINNING;
EXCEPT THAT PORTION THEREOF CON-
VEYED TO THE CITY OF AUBURN FOR
29TH STREET NORTHWEST (SOUTH
300TH STREET) BY DEED RECORDED
UNDER RECORDING NO. 7412230219;
(ALSO BEING KNOWN AS A PORTION C,F
LOT B IN BLOCK 3 OF CHRISTOPHER
GARDEN TRACTS, AS PER PLAT
RECORDED iN VOLUME 23 OF PLATS,
PAGE 6, RECORDS OF KING COUNTY)
SITUATE IN THE CITY OF AUBURN,
COUNTY OF KING, STATE OF WASHING-
TON.
PARCEL O:
THAT PORTION OF LOT 6 IN BLOCK 3 OF
CHRISTOPHER GARDEN TRACTS, AS
PER PLAT RECORDED iN VOLUME 23 OF
PLATS, PAGE 6, RECORDS OF KING
COUNTY; DESCRIBED AS FOLLOWS:
BEGINNING ON THE EAST LINE OF SAID
BLOCK AT A POINT WHICH iS 491.5D
FEET NORTHERLY OF THE SOUTHEAST
CORNER THEREOF;
THENCE WESTERLY 844.51 FEET TO A
POINT WHICH IS 485.50 FEET NORTH Gl=
THE SOUTHERLY LINE OF SAID LOT
THENCE SOU'IHERLf 33i.50 EEE~ TD
THE NORTHWEST CORNER OF A TRACT
BOWMAN BY DEED RECORDED OCTC-
1093896;
THENCE EASTERLY, ALONG TH[:
NORTHERLY LINE OF SAiD TRACT GE
LAND, 98 FEET TO THE NORTHEAST
THENCE SOUTHERLY. ALONG THE
EASTERLY LINE OF SAiD TRACT OF
SAID LOT 6;
THENCE EASTERLY, ALONG SAIrl
SOUTHERLY LINE. 12 76 FEET, MOREl
OR LESS, TO THE SOUTHEAST CORNEFI
OF SAiD LOT 6;
THENCE NORTHERLY, ALONG THE:
EASTERLY LINE OF SAID LOT 6, A DIS
TANCE OF 486.28 FEET; THENCE WEST
ERLY 110.45 FEET, MORE OR LESS, TC'
SITUATE IN THE:
COUNTY OF KINC
TON.
THAT PoI:mON OF L
CHRISTOPHER GARL
PER PLAT RECORDED I~
PLATS, PAGE 6, RECO,
COUNTY, DESCRIBED AS t
BEGINNING AT A POINT Oh
LINE OF SAID LOT 7 WHIC~
FEET NORTH OF THE SOU
CORNER OF SAID LOT 7;
THENCE EAST ALONG A LINE
EXTENDS TO A POINT ON
LINE OF LOT 8 IN SAID BLOCK
IS 491.5 FEET NORTH OF THE
EAST CORNER OF SAID LOT
TANCE OF 121 FEET;
THENCE SOUTH TO A POINT
SOUTH LINE OF SAID LOT 7
121 FEET EAST OF THE SOL'
CORNER OF SAID LOT 7;
THENCE WEST, ALONG
LINE, 121 FEET TO THE SOU
CORNER OF SAID LOT 7;
NORTH 486.28 FEET TO THE
BEGINNING;
EXCEPT THAT PORTION, IF AN'~
LIES NORTHERLY OF THE FOi
DESCRIBED LINE; BEGINNIk
POINT ON THE EAST UNE OF
8 WHICH IS 491.5 FEET NORT~
SOUTHEAST CORNER OF SAID
THENCE WEST A DISTANCE
FEET TO A POINT WHICH IS
NORTH OF THE SOUTH LINE
IN SAID BLOCK 3 AND THE T
OF THIS LINE DESCRIPTION;
SITUATE IN THE CITY OF
COUNTY OF KING, STATE OF
TON.
Published in the Valley Daily
11, 1994. 106A