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"