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HomeMy WebLinkAbout5001Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 95001 REGORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Ordinance No. 5001 2. 3. 4. [Reference Number(s) of Documents assigned or released: I l l'-IAdditional reference #'s on page of document Grantor(s)lBorrower(s) (Last name first, then first name and initials) 1 .$upermall 2. 3. 4. Grantee/Assignee/Beneficiary: (Last name first) 1. Auburn, City of 2. 3. 4. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) [] Addit ona ega s on page of document. Assessor's Property Tax Parcel/Account Number 132104-9014 I--I Assessor Tax # not ye~ assigned ! ORDINANCE NO. 5 0 0 1 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AMENDING ORDINANCE NO. 4627 BY REVISING CONDITION NO. 3.D.3 WHICH REQUIRES FINAI~CIAL PERFORMANCE ASSURANCES THAT 4 GUARANTEE THE QUALITY OF RECEIVING WATER IS NOT BEING DEGRADED 5 FOR A MINIMUM OF FIVE YEARS FOLLOWING THE OPENING OF PHASE I-A AND THREE YEARS FOLLOWING THE OPENING OF P~IASE II, 4.C.6 WHICH 6 REQUIRES APPROPRIATE SECURITY TO GUARANTEE THE WETLAND MITIGATION FOR A THREE-YEAR PERIOD OF TIME AND 12.B. WHICH 7 REQUIRED THE DEVELOPER TO IMPLEMENT A FREE SHUTTLE BUS PROGR3%M 8 FOR A MINIMUM OF TWO YEARS IF METRO WAS NOT INTERESTED IN OPERATING SUCH A SHUTTLE BUS. 9 10 WHEREAS, Ordinance No. 4627 approved by the City Council of the City of Auburn on April 28, 1993 provided for the rezone of approximately 60 acres of property from M-1 to C-3 and adopted certain conditions of approval; and 14 15 Wq4EREAS, Condition No. 3.D.3 requires financial 16 performance assurances that guarantee the quality of receiving 17 water is not being degraded for a minimum of five years following the opening of Phase I-A and three years following 19 20 the opening of Phase II; and 21 WHEREAS, the Supermall has requested that Condition No. 22 3.D.3 of Ordinance No. 4627 be revised so that Supermall may 23 request a reduction of the financial performance assurance 24 guarantee if Water Quality Monitoring test results indicate 25 26 Ordinance NO. 5001 August 1, 1997 Page 1 1 the storm water quality system is workin~ as planned and the receiving water is not bein~ degraded but is of a high quality and that the performance assurance guarantee required under 4 5 Condition No. 3.D.3 also be used to guarantee performance of 6 Conditions No. 8.K.3 and 8.K.4 as amended by Ordinance #4742; 7 and; and 8 WHEREAS, Condition No. 4.C.6 requires appropriate 9 security to ~uarantee the wetland mitigation for a three year 10 11 period of time and the City is satisfied with the mitigation; 12 and 13 WHEREAS, the Supermall has requested the three year time 14 period be removed so security can be released; and 15 16 WHEREAS, Condition No. 12.B required the developer to 17 implement a free shuttle bus program between the Supermall and 18 downtown Auburn for the benefit of customers and employees of 19 the Supermall and downtown Auburn for a minimum of two years 20 if Metro was not interested in operating such a shuttle bus; 21 and 22 23 WHEREAS, the Supermall has requested that the requirement 24 for free shuttle bus service between the Supermall and 25 26 Ordinance No. 5001 August 1, 1997 Page 2 ! downtown for the benefit of customers and employees of the Supermall and downtown Auburn for a minimum of two years be removed in return for an agreement between Supermall and the 4 5 ADA providing that the Supermall will provide to the Auburn 6 Downtown Association (ADA) vacant Supermall store display 7 window space for a period of time beginning August 15, 1997 8 through January 15, 1999 for the benefit of customers and 9 employees of the Supermall and downtown Auburn to be used by ]0 the ADA according to Supermall Guidelines for window displays; 12 and WHEREAS, Condition No. 20 of Ordinance No. 4627 allows 14 amendments to be made to said Ordinance; and WHEREAS, the proposed amendments to Ordinance No. 4627 17 are considered minor changes and have therefore been reviewed 18 by the Planning and Community Development Committee of the 19 Council and approved by the City Council; 20 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 21 WASHINGTON, DOES ORDAIN AS FOLLOWS: 22 23 ~ City of Auburn Ordinance No. 4627 approved by 24 the City Council on April 28, 1993, is hereby amended to 25 Ordinance NO. 5001 August 1, 1997 Page 3 1 revise Conditions Numbered 3.D.3, 4.C.6 and 12.B. A copy of said revised Conditions Numbered 3.D.3, 4.C.6 and 12.B is $ 4 attached hereto as Exhibit "A" and incorporated herein by this 5 reference. 6 ~ Upon passage, approval and publication of 7 this Ordinance as provided by law, the City Clerk of the City 8 of Auburn shall cause this Ordinance to be recorded in the 9 office of the King County Auditor, Division of Records and 11 Elections. 12 ~ All remaining sections and amendments to Ordinance No. 4627 shall remain in full force and effect. 14 ~. The Mayor is hereby authorized to implement 15 such administrative procedures as may be necessary to carry 17 out the directives of this legislation. 18 ~. This Ordinance shall take effect and be in 19 force five days from and after its passage, approval and 20 publication as provided by law, and upon the payment of 2! 22 obligation currently due and payable to the Auburn Downtown 23 Association. 24 25 Ordinance No. 5001 August 1, 1997 Page 4 ! PASSED: 5 APPROVED: 8 CHARLES A. BOOTH 9 MAYOR 10 ~ ATTEST: ~ 11 12 ~ 14 ~ Robin Wohlhueter, 15 City Clerk 16 17 ]8 APPROVED AS TO FORM: 19 21 22' Michael J. Reynolds, City Attorney 23 PUBLISHED: 25 26 Ordinance No, 5001 August 1, 1997 Page 5 2 EXHIBIT "A" TO ORDINANCE NO. 5001 (Conditions Numbered 3.D.3, 4.C.6 and 12.B of Ordinance No. S 4627) 5 A. A temporary Erosion and Sediment Control (TESC) plan is required and must be approved by the Public Works 6 Director prior to issuance of any construction permit. The plan shall contain those elements of 7 design similar to those as discussed on pages 62-63 of the FSEIS as appropriate for the time of year and 8 stage of construction. The plan shall also be consistent with the City of Auburn's Developer 9 Design Review manual for public works projects. 10 B. A storm drainage plan that addresses the post developed site is required and shall address the 11 following elements. The plan shall be approved by the Public Works Director prior to the issuance of 12 building permits for Phase I. (1) The discharge rates for the post-developed site shall match the pre-developed site discharge 14 for the 2, 25, and 100 year storm, with the storm drainage detention pond sized for the 100 ]5 year, 7 day event. 16 (2) A consultant with biological expertise related to projects of this type shall be involved in ]7 the design and construction of the treatment and detention facility. 18 (3) Water quality features shall include 19 biofiltration and a wetpond/constructed wetland including a forebay to remove sediment and 20 floatables. The applicable mitigating measures as found on pages 62 and 63 of the FSEIS shall 2] also be addressed as part of this plan. 22 (4) Drainage channel improvements may be required from the site downstream to SR18. The level of 23 improvement will be determined if the discharge from the pond requires additional capacity 24 within the channel. If access is provided 25 along the channel for construction or 26 Ordinance NO. 5001 Exhibit "A" August 1, 1997 Page 6 ! maintenance, it shall be constructed such that 2 there is a minimal impact to the channel and its environs. (5) All on-site drainage facilities and maintenance 4 responsibilities will be private. 5 C. An on going storm drainage maintenance and operation plan and schedule shall be implemented. At a 6 minimum, annual cleaning and inspection of all drainage facilities and documentation shall be 7 provided to the City. The plan shall include the following: 8 (1) A schedule for maintenance for all storm 9 facilities and the party (parties) responsible for the maintenance and operations shall be 10 identified. 11 (2) A vegetation management and harvesting program and the party (parties) responsible for ]2 implementation and on going operation. 13 (3) Best Management Practices (BMPs) for water quality and storm facility protection (examples 14 include parking lot sweeping, catch basin stenciling, covering activities which have a ]5 potential to pollute, spill response and cleanup plans). The plan shall be approved by the Public Works Director prior to issuance of a Certificate of Occupancy that allows customer traffic for Phase I. D. A water quality monitoring program shall be required ]9 for a minimum of five (5) years, following the opening of Phase I and three years following the 20 opening of Phase II. 2] The program shall determine conformance with discharge requirements, effect on receiving waters 22 and effectiveness of treatment facilities. Generally the stormwater leaving the site shall meet 23 or exceed the quality of the receiving water. The program shall include the following: 24 (1) Monitoring and reporting both water quality and 25 quantity data. Ordinance No. 5001 Exhibit "A" August 1, 1997 Page 7 ! 2 (2) Collecting samples, lab analysis of samples, QA/QC program, reports on data with comparison 3 to monitoring program objectives. 4 (3) The program shall also provide for financial performance assurances that guarantee the 5 quality of the receiving water is not being degraded. The financial performance shall be 6 in effect for the same time period as the monitoring program. Supermall may. however. 7 request a reduction of the financial performance assurances if Water Ouality 8 Monitoring te~t result~ indicate the storm water quality system is working as planned and 9 the receiving water is not being degraded bu~ is of a high quality. Further. Supermall may ]0 request that the financial performance assurances which guarantee the quality of 11 receiving water also act as a guarantee for Condition 8.K.~ am amended in Ordinance 4742. ]2 thereby replacing the letter of credit requirement contained in Condition No. 8.K.3,~ in Ordinance 4742, ]4 The applicant shall be responsible for the implementation of the monitoring program. The 15 monitoring program shall be approved by the Public Works Director prior to the issuance of Certificate ]6 of Occupancy that allows customer traffic for phase I. ]7 4. Wetlands A. Prior to the i~uance of any permit allowing ]9 earthwork (filling and grading) within or proximate to the identified wetlands, a wetland delineation 20 report for wetlands "A", "B", "C", "D", or "E" (identified in the Draft Supplemental Environmental 21 Impact Statement) and a wetland mitigation plan shall be submitted and approved by the Planning and 22 Public Works Directors. The wetland mitigation plan shall identify the functions and values of the 23 existing wetlands to be impacted and provide wetland mitigation designed so that features and functions 24 of the impacted wetlands are replaced. Wetland mitigation shall be hydraulically associated with 25 the proposed stormwater detention facilities. 26 Ordinance No. 5001 Exhibit "A" August 1, 1997 Page 8 ! 2 B. After City approval of a wetland delineation report, the applicant can identify provisions for fencing 3 off (with temporary fences) or otherwise protecting the wetland areas and proceeding with grading on the 4 remainder of the site pending approval of separate grading permits for filling or grading of wetlands. 5 The protection provisions shall be approved by the Planning and Public Works Directors and ensure the 6 greatest protection possible. 7 C. Major elements of the mitigation plan shall include: 8 (1) The wetland mitigation area shall be designed to include water saturation (hydrology) and 9 obligate, facultative wetland or facultative (hydrophytic) vegetation native to the Pacific 101 Northwest. Plants to provide shade and cover for local wildlife shall also be included. 11 (2) The plan shall include the proposed 12 construction sequence; grading and excavation details; erosion and sedimentation control 13 features needed for wetland construction and long term survival; a planting plan specifying 14 plant species, quantities, locations, size, spacing, and density; source of plant 15 materials; water and nutrient requirements for planting, including irrigation; and 16 descriptions of water control structures and water level maintenance practices needed to !7 achieve the necessary hydrocycle/hydroperiod characteristics. (3) The plan shall include a maintenance program, 19 monitoring program and contingency plan and establish goals and objectives to monitor and 20 measure the success of the wetland mitigation project. It should further demonstrate the 21 compatibility of the wetland mitigation area and the maintenance and operation of the 22 proposed stormwater facilities. 23 (4) Prior to the issuance of building permits, the proponent shall be required to provide the 24 Auburn Building Official with services of a Biologist and Civil Engineer with expertise in 25 wetlands enhancement and creation, for purposes 26 Ordinance No. 5001 Exhibit "A" August 1, 1997 Page 9 ! of inspecting wetland work activities for 2 conformance with approved plans and specifications. In addition, the Biologist 3 shall be retained for a minimum of three years following completion of wetlands work during 4 Phases 1 and 2 to monitor the progress of the relocated and enhanced wetlands, and to inspect 5 the replacement of unsuccessful plant and habitat materials in accordance with the 6 approved plans. A minimum of biannual monitoring and inspection reports, indicating ? achievement of goals and objectives, and project status, shall be filed with the 8 Building Official throughout the monitoring program, with a final report provided at the 9 end of the monitoring program. This condition does not preclude the applicant from continuing 10 the use of biological or other professional services of choice during the progress of !1 project construction; however, this practice will not be considered as meeting the stated 12 condition. 13 (5) Filling and grading for the site and wetlands mitigation work may occur concurrently. All 14 wetland mitigation work for wetlands impacted in Phases 1 and 2 except wetland monitoring 15 shall be completed and approved by the City at least 180 days prior to the issuance of a ]6 Certificate of Occupancy that allows customer traffic for the corresponding phase. However, ]7 if the approved biologist determines that severe seasonal weather conditions prevent !8 immediate completion of the mitigation plantings, permits may be approved if all non- 19 vegetative mitigation work is completed (e.g., grading, creation of ponds). In this case a 20 planting schedule to complete the mitigation plantings shall be developed by the biologist 21 and implemented as recommended by the biologist. 22 (6) Prior to the issuance of any permit allowing 23 earthwork within or proximate to the identified wetlands for each phase, an appropriate 24 security equivalent to the cost of all wetlands work including the monitoring and contingency 25 plan shall be submitted to the Building Ordinance NO. 5001 Exhibit "A" August 1, 1997 Page 10 ! Official, and shall be kept active 2 City is satlsf~ed w~th the mitigation and determines the security equivalent is no lonqer 3 needed. Upon such determination the City shall release the security. ~ .... = ' 6 (7) Following completion and acceptance of all 7 wetland mitigation work, no clearing grading or building construction shall occur within the 8 wetland mitigation area, except as may be authorized by the Public Works or Planning 9 Director for protection of public health, safety and welfare; maintenance purposes; or 10 contingency mitigation work. 11 (8) The wetland mitigation areas shall be clearly . delineated on all site development plans approved by the City, indicating the purpose and limitation of uses within the area. D. The purpose and intent of the following condition is 14 to discourage the uncontrolled intrusion of humans into the wetlands mitigation area and still provide 15 a passive recreation opportunity. The following information and improvements shall be provided: 17 (1) A minimum of three interpretative signs shall be installed and maintained along the perimeter 18 of the wetland mitigation/storm drainage detention area. These signs shall indicate the 19 location, type of vegetation and wildlife species present, and restrictions related to 20 the use of the wetland mitigation area. 21 (2) The location and restrictions related to the use of the mitigation area shall be indicated 22 and listed on any future sales agreements of property containing wetlands or wetland 23 mitigation. 24 (3) A passive recreation area (e.g. bench, viewing area) shall be provided in conjunction with one 25 of the interpretative signs, to provide viewing Ordinance No. 5001 Exhibit "A" AUgust 1, 1997 Page 11 ! and educational opportunities of the wetland 2 area. 3 E. Prior to the issuance of permits for building construction for each phase of the project, a 4 wetland buffer plan prepared by a wetland biologist shall be submitted and approved by the Planning and 5 Public Works Directors. The wetland buffer plan shall be coordinated with overall site landscaping 6 plan and include the planting and establishment of dense vegetative buffers adjacent to the wetlands. 7 The buffer width shall average at least twenty-five (25) feet and be no less than 15 feet, except 8 Wetland C where a larger buffer may be warranted. The buffers shall incorporate the following 9 characteristics: areas of flattened slopes adjacent to the wetland's edge to provide a habitat 10 transition area, screening to adjacent development including the base of the flyover ramp and dense ]! plantings of vegetation native to the Pacific Northwest that will provide shade and cover for 12 local wildlife. A maintenance plan for the buffer shall also be prepared and submitted for review and 13 approval. Installation of the wetland buffer must be completed, reviewed and approved by the City 14 prior to issuance of a Certificate of Occupancy allowing customer traffic for the corresponding 15 phase of the project. ]6 F. Prior to the issuance of any permits allowing earthwork within or proximate to the identified ]7 wetlands, an appropriate security equivalent to the cost of all work necessary to establish the buffers 18 shall be submitted to the Building Official and shall be kept active for a minimum of three years 19 following completion of all buffer planting. At the end of the three year period, the City shall 20 determine if the security equivalent can be returned, or if the buffer should be replanted, 2] enhanced or otherwise modified to reflect the intent and density of the approved work. 22 G. Following completion and acceptance of all buffer 23 work and construction of the flyover ramp, no clearing, grading, or other construction shall occur 24 within the buffer, except as may be authorized by the Public Works Director for: passive recreation 25 26 Ordinance No. 5001 Exhibit "A" August 1, 1997 Page 12 ! improvements, protection of public health, safety, 2 and welfare or maintenance purposes. $ H. The wetland buffer areas shall be clearly delineated on site development plans approved by the City, 4 indicating the purpose and limitations of uses within the area. The boundary of the wetland 5 buffers shall be staked in twenty-five foot intervals as clearing and construction limits for 6 construction activities adjacent to the wetlands area, as required by the Public Works Director. 7 Further, during site grading and the establishment of temporary erosion and sediment control measures, 8 wetlands and buffer areas must be protected from potential contamination from untreated stormwater 9 discharges through the use of silt fences or other appropriate measures. 10 12. Downtown 1! A. The applicant shall fulfill the commitments outlined in the letter of Mr. Vine to Mr. Tabb on behalf of ]2 the Auburn Downtown Association (ADA) dated November 10, 1992 and Mr. Tabb's response, with conditions, to Mr. Kramlich dated December 1, 1992. These 14 commitments consist of participation in a cooperation committee, funding of a business survey, 15 development of a design book and marketing brochure, supplementing of the promotional budget, assistance in hiring a part-time staff person, supplemental 17 funding of a newsletter, and provision of promotional space at the mall. The maximum dollar 18 amount and timing of such commitments are set forth in the above cited correspondence which shall be 19 included in a formal agreement between the applicant 20 and the kDA. 21 B. The Supermall and the Auburn Downtown Association (ADA) shall enter into a written agreement providing 22 that the Supermall will provide to the ADA vacant Supermall store display window space for a period of 23 time beginning August 15. 1997 through January 15. 1999 for the benefit of customers and employees of 24 the Supermall and downtown Auburn to be used by th~ ADA according to Supermall Guidelines for windQw 25 26 Ordinance NO. 5001 Exhibit "A" August 1, 1997 Page 13 1 ~ ....~ ..... ~""*~ ~ ~ ....... ~ ~^~ ..... ~c ,~.:all and 4 ............ for .... cf ........ ~,,~ .......... d in 11 .... shuttlc ..... ' - 12 .... %$cuancc ~ ~f ~ .......... -~-, 13 14 15 ~ 16 ~ 17 ~ 18 ~ 19 20 21 23 24 25 26 ................................................ Ordinance No. 5001 Exhibit "A"