HomeMy WebLinkAbout5002Return Address: '
Auburn City Clerk
City of Auburn
25 West Main St,
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
1. Ordinance No. 5002
2.
3.
4.
Reference Number(s) of Documents assigned or released:
r-]Additional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
1 .Supermall
2.
3.
Grantee/Assignee/Beneficiary: (Last name first)
1. Auburn, City of
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
NW 24-21-04
[] Additional lega s on page of document.
Assessor's Property Tax Parcel/Account Number
[] Assessor Tax # no{ yet assigned
ORDINANCE NO.
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AMENDING ORDINANCE NO. 4742, WHICH AMENDED
ORDINANCE 4627, TO REQUIRE THE DEVELOPER TO PROVIDE
4 LANDSCAPING ALONG THE INTERURBAN TRAIL WITHIN A THREE-YEAR
5 TIME PERIOD AND TO PROVIDE A LETTER OF CREDIT, THIS ORDINANCE
NO. 5002 NOW REVISING CONDITION NO. 8.K.3 AS AMENDED IN
6 ORDINANCE NO. 4742 TO REMOVE THE REQUIREMENT THAT THE
LANDSCAPING BE COMPLETED WITHIN T~REE YEARS OF THE APPROVAL OF
7 ORDINANCE NO. 4742 AND TO ALLOW THE PERFORMANCE ASSUR3LNCE
8 GUARANTEE IN CONDITION NO. 3.D.3 TO REPLACE THE LETTER OF
CREDIT REQUIREMENT AND REVISING CONDITION NO. 8.K.4 TO CONFORM
9 TO THE REVISED CONDITION NO. 8.K.3
10
WHEREAS, Ordinance No. 4742 was approved by the City
Council of the City of Auburn on May 15,
12 1995 amending
13 Ordinance No. 4627, which was approved by the City Council on
April 28, 1993, by revising Condition No. 8.K.3 to require the
15
developer to provide landscaping along the Interurban Trail
17 within at least three years of the approval of amending
18 Ordinance No. 4742; and
19 WHEREAS, the Supermall has requested that Condition No.
20
8.K.3.a of Ordinance 4742 be revised to remove the three-year
21
time period requirement; and
22
WHEREAS, Condition No. 8.K.3.b of Ordinance No. 4742
24 requires the developer to provide a letter of credit in the
25
Ordinance No. 5002
August 1, 1997
Page 1
!
amount of $15,000.00 to cover the cost of planting the trees
2
and necessary irrigation; and
4 WHEREAS, the Supermall has requested that Condition No.
5 8.K.3.b of Ordinance No. 4742 be revised so that the
performance assurance requirements contained in Condition No.
7
3.Do3 act also as a guarantee for Condition 8.K.3 replacing
8
the letter of credit requirement in 8.K.3.b; and
9
10 WHEREAS, Condition No. 8.K.4 must be revised to conform
]1 to the revisions of Condition No. 8.K.3; and
]2 WHEREAS, Condition No. 20 of Ordinance No. 4627 allows
amendments to be made to said Ordinance; and
WHEREAS, the proposed amendment to Ordinance No. 4742 is
,~4 15
considered a minor change and has therefore been reviewed by
the Planning and Community Development Committee of the
]8 Council and approved by the City Council;
19
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
20
WASHINGTON, DOES ORDAIN AS FOLLOWS:
2]
22 ~ City of Auburn Ordinance No. 4742 approved by
23 the City Council on May 15, 1995 is hereby amended to revise
24 Conditions No. 8.K.3 and 8.K.4. A copy of said revised
25
Ordinance NO. 5002
August 1, 1997
Page 2
]
Conditions Numbered 8.K.3 and 8.K.4 is attached hereto as
2
Exhibit "A" and is by this reference incorporated herein.
$
4 ~ Upon passage, approval and publication of
5 this Ordinance as provided by law, the City Clerk of the City
6 of Auburn shall cause this Ordinance to be recorded in the
7
office of the King County Auditor, Division of Records and
8
Elections.
9
10 ~u~ All remaining sections and amendments to
]1 Ordinance No. 4627 and Ordinance 4742 shall remain in full
12
force and effect.
~9_C~. The Mayor is hereby authorized to implement
]4
such administrative procedures as may be necessary to carry
16 out the directives of this legislation.
17 ~-~. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
19
publication as provided by law, and upon the payment of
2O
2] obligation currently due and payable to the Auburn Downtown
22 Association.
25
24
25
Ordinance No. 5002
August 1, 1997
Page 3
INTRODUCED:
2
4
5 APPROVED:
8 CHARLES A. BOOTH
9 MAYOR
ATTEST:
10
11
Robin Wohlhueter,
]4 City Clerk
17 APPROVED AS TO FORM:
18
20.
Michael J. Reynolds,
2! City Attorney
22
PUBLISHED:
24
25
Ordinance No. 5002
August 1, 1997
Page 4
1
2 EXHIBIT "A" TO ORDINANCE NO. 5002
(Conditions Numbered 8.K.3 and 8.K.4 of Ordinance No. 4742)
K. The applicant shall be responsible for making the
4 following improvements related to the Interurban
Trail as part of phase I.
5
6 1. A raised median shall be constructed on 15th
Street SW to provide a crossing refuge for the
7 Interurban Trail. The refuge shall be large
enough to accommodate six bicyclists. Warning
8 signs shall be installed on 15th Street SW and
on the Interurban Trail that indicate the
9 approaching intersection.
10 2. Convenient and safe access shall be provided
from the trail to the parking lot and then to
]1 the mall building. Bicycle parking facilities
shall be provided in convenient locations.
12
3. A ten foot width of type II landscaping shall
13 be provided along or within the west boundary
of the right-of-way for the trail, except for
14 access points to the shopping center. If
landscaping is provided within the right-of-
15 way, then provisions acceptable to the Planning
Director for planting and perpetual maintenance
16 of the landscaping shall be included in any
agreement for right-of-way use.
l?
a. The developer will plant a combination 8-
18 foot high Douglas Firs and Western Red
]9 Cedars on 20 foot centers along the
eastern perimeter of the site ~
............. yaarz of
23 ~ .... ~ ,,~ ~ ..... ~^~A_ cf Phase II.
Before a Certificate of Occupancy is
24 issued for Phase II, all remaining
25 requirements of the required wetland
26
Ordinance No. 5002 Exhibit "A"
August 1, 1997
Page 5
1
buffer treatment and the Type II
2 treatment, shall be met.
3 b. The performance assurance guarante~
4 required under Condition No_ 3.D_3 may
also be used as a guarantee for tha
5 landscaping requirments of this Conditio~
6 ~^~'~ cf ~ ~
7 ~ ........ ~ .... trees --a
.... nccc~ry
8
c. An agreement from the Quadrant
9 Corporation, owner of Phase II is
required to give the City right of entry
10 to Phase II to install and maintain the
landscaping.
11
4. The applicant shall prepare a plan for these
12
improvements to be approved by the Planning
13 Director. The improvements shall be
substantially complete prior to the issuance of
14 the Certificate of Occupancy that allows
customer traffic for Phase II,~
15 re';iscd by ~[c. 8.K.3.
17
18
19
20
21
22
23
24
25
................................................
Ordinance No. 5002 E~ibit "A"
August 1, 1997