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HomeMy WebLinkAbout08-03-2009 ITEM VIII-B-1CITY OF * ' WASHINGTON Agenda Subject: Resolution No. 4502 Department: Finance AGENDA BILL APPROVAL FORM Attachments: Resolution No. 4502 and Exhibits "A' and "B" Administrative Recommendation: City Council adopt Resolution No. 4502. Background Summary: Date: August 3, 2009 Budget Impact: Resolution No. 4502 designates a revitalization area in the City and authorizes the Mayor to apply with the State Department of Revenue for Local Revitalization Financing. Local revitalization financing is a reallocation of property and sales and use tax imposed by the State and participating taxing districts and local governments. It is not a tax increase to the identified revitalization area. Under Second Substitute Senate Bill 5045, the City of Auburn has been identified as a demonstration project and eligible to receive $250,000 per year for a period of 25 years from the State in order to finance public infrastructure that promotes community and economic development. The City held a public hearing on July 20, 2009 as required by this legislation. The City must apply before September 1, 2009. A revised Resolution will be handed out at the time of the meeting, listing all participating local governments/taxing districts that have opted out. They have until 4:30 pm on August 3' 2009 to notify the City Clerk. N0720-3 F5.'15 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ® Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ® Municipal Serv. ® Finance ❑ Parks ❑ Human Services ® Planning & CD ❑ Fire ❑ Planning ❑ Park Board ® Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval Council Approval: Referred to Tabled ❑Yes ❑ No ❑Yes [-]No Call for Public Hearing 1 1 Until 1 1 Until 1 1 Councilmember: Backus Staff: Coleman Meeting Date: August 3, 2009 Number: VIII.B.1 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO.4 5 0 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DESIGNATING A REVITALIZATION AREA, AND AUTHORIZING AN APPLICATION TO THE STATE DEPARTMENT OF REVENUE FOR LOCAL REVITALIZATION FINANCING, AS PROVIDED FOR IN CHAPTER 270, LAWS OF 2009 WHEREAS, Second Substitute Senate Bill 5045, enrolled as Chapter 270, Laws of 2009 (the "Act") provides for the allocation of seventy-five percent (75%) of property tax and a sales and use tax credit of up to one hundred (100%) of the amount generated from new development within a designated Revitalization Area ("RA") to finance public infrastructure that promotes community and economic development; and WHEREAS, the Act does not increase the total amount of local or State sales, use, or property taxes paid by a property owner; and WHEREAS, The City of Auburn may qualify for up to $250,000 per year for a period of twenty five years in local revitalization financing under the Act; and WHEREAS, pursuant to public notice published on July 10, 2009, and posted in accordance with the Act, The City council held a public hearing on July 20, 2009, to receive public comment on this proposed Resolution; and WHEREAS, the local taxing jurisdictions listed in' Section 5 below have provided to the City copies of ordinances or resolutions duly passed by their governing bodies indicating that they do not want to participate in this program; and; Resolution No. 4502 July 30, 2009 Page 1 of 7 WHEREAS, other local governments and taxing districts, having indicated that they will participate in this program, have agreed to enter into an Interlocal Agreement to implement the program; and WHEREAS, the City Council believes that the use of local revitalization financing to fund certain public improvements will act as a catalyst to attract new private investment and the creation of new jobs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. As provided for in the Act, the City Council authorizes the use of local revitalization financing, and hereby designates an RA for the purposes of, and as further described in, the Act and this Resolution. Section 2. The name of the RA is the "Auburn Revitalization Area." Its boundaries areenerall co -located with the Urban center boundaries adopted g y ' Plan b Ordinance No. 5891 and adopted as art of in the City's Comprehensive y P p Planning Policies as shown on the map at Exhibit the King County Countywideg , A, which is attached hereto and incorporated herein by reference. Section 3. The "Public Improvements" to be constructed by the City within the RA and financed in part by the local revitalization funding shall include but not be limited to the reconstruction of South Division Street including t y three blocks of roadway pavement, crosswalks, sidewalks, pedestrian & street lighting,relocation and replacement of undersized water/storm/sewer utility improvements, undergrounding power, aesthetic treatments and landscaping. Resolution No. 4502 July 30, 2009 Page 2 of 7 Section 4. The estimated cost of the Public Improvements is $8,000,000. The portion of these costs to be financed by local revitalization financing is approximately $6,650,000, which includes the local revitalization funding match. Section 5. The estimated time during which local property tax allocation revenues and other revenues from local public sources are to be used for; local revitalization financing is up to twenty-five years. Section 6. The date when the use of local property tax allocation revenues and other revenues from local public sources for local revitalization financing will commence is not earlier than July 1, 2010. n__i:_.... -7 A. The following taxing jurisdictions have not adopted an ordinance as described in Section 106 of the Act to be removed as a participating tax jurisdiction, and therefore will be participating in the focal revitalization financing: [list of jurisdictions that did not opt out] B. The following taxing jurisdictions did adopt an ordinance as required in Section 106 of the Act, and therefore will not be participating in the local revitalization financing: [list of jurisdictions that did opt out] Valley Regional Fire Authority — Resolution No. 62; King Y Count Rural Library District — Resolution No. 2009-06. Section 8. The Council finds that use of local revitalization financing in the RA meets the criteria of Section 103 of the Act, to wit: Resolution No. 4542 July 30, 2409 Page 3of7 A. The Public Improvements proposed to be financed in whole or in p art usinglocal revitalization financing are expected, to encourage private development within the revitalization area and to increase the fair market value of real property with in the RA; B. The City has entered into a Master Plan Development Agreement ("MPDA") on October 0, 2008, with Alpert International, LLP, that provides for the development of private improvements within the RA (Attached as Exhibit B);', C. Thep rivate development that is anticipated to occur within the RA is consistent with the land use policies of the King County Countywide Planning Policies dated October 2008, with the Land Use and Comprehensive Plan Map elements of the City's Comprehensive Plan, most recently updated on December 11 2008 and with the City's development regulations found in Titles 12, 137 147 of the Auburn Cit Code in effect as of the date of this 15, 15, 17, and 18 y Resolution. D. The RA does not contain more than twenty-five percent (25%) of the total assessed value of the taxable real property within the city as of the effective date of this Resolution. The total assessed value of the taxable real property in the City is $8,719,721,892; the total assessed value of the real property within the RA is $259,513,700. E. If awarded a state contribution under the Act, the anticipated rate of sales and use tax under section 001 of the Act that the City will impose shall be .05%. ---------------------------- Resolution No. 4502 July 30, 2009 Page 4 of 7 F. The anticipated date when the criteria for the sales and use tax in section 601 of the Act will be met is not earlier than July 1, 2010. The anticipated date when the sales and use tax in section 601 of the act will be imposed is not earlier than July 1, 2010. Section 9. The City Council finds that local revitalization financing: A. will not be used for the purposes of relocating a business from outside the RA, but inside this state, into the RA unless convincing evidence is provided that the firm being relocated would otherwise leave the state; B. will improve the viability of existing business entities within the RA; C. will be used exclusively in areas within the City that the City has deemed in need of either economic development or redevelopment or both, and absent the use of local revitalization financing the proposed economic development or redevelopment more than likely not occur; Section 10. The City Council further finds that the public improvements proposed to be financed in whole or in part using local revitalization financing are reasonably likely to: A. increase private investment within the RA; B. increase employment within the RA; C.g enerate, over the period of time that the local sales and use tax will be imposed under Section 601 of the Act, increases in state and ' local property,sales and use tax revenues that are equal to or greater than the respective state and local contributions made under the Act; and D.p rovide for direct positive business and economic impacts in the RA. Resolution No. 4502 July 30, 2009 Page 5 of 7 Section 11. In order for the City to finance the Public Improvements using local revitalization financing, the City council acknowledges and agrees that the City will shall meet and adhere to all of the conditions, limitations and requirements provided in the Act. Section 12. Financing. The city intends to fund the Public Improvements by g utilizin a $3,066,660 Economic Development Administration grant and the he project cost through the issuance of general obligation debt.; The balance oft p � g G.O. debt will be repaid using local revitalization funding, increases in local p g property, sales and use tax revenues from participating local governments and participating g taxin districts, increases in local property, sales and use tax applicable real estate taxes and general governmental revenues from the City, app City intends to incur general indebtedness, including general revenues. The ty obligation bonds to finance the public improvements and to retire the indebtedness in whole or in part from local revitalization financing it receives. The maximum amount of indebtedness the City will incur is $6,656,660. Section 13. The Mayor is authorized to submit applications and reports to the State Department of Revenue as provided for in the Act, and to take such other administrative actions consistent with this Resolution as he deems necessary. Section 14. That this Resolution shall take effect and be in full -force upon passage and signatures hereon. --------------------------- Resolution No. 4562 July 30, 2609 Page 6 of 7 Dated and Signed this day of , 2009. CITY OF AUBURN PETER B. LEWIS MAYOR rmllva-m"15 Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney ---------------------------- Resolution No. 4502 July 30, 2009 Page 7of7 5)( h , '. bj'� "A " - to ir _; i �,"� � i, ­.ifll... -'71 ...... , __ I k __�( '­' rj"- t-, ............. i � . r ';I , - - : r, ice.. ,, b k '. i . . ! : I * , -_ I -,� ; 111Z 1, I 1--"."', . . 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I . ..... . . � -1 .... . i ! : I ! 7: j. . . � �_ :..-.. , . 7 I, � , ____ - : . . . ­ . . . . . ... . . . . _. .. -.....-..-.-- .. .- ­.­ - ­-... .. . .. : L ; d ! ; . . .- - � ' --' � ­ - 'L I 0 & 11L - / z 0: " 7 z , 4 a. - �� - _. -, =) w .< - 1. ; Z do� >. , I _j 0 ta : - -1 _; .- ... . r �D 5_. Fe Z . , ': oz I p z , 2 5 . . �. : r% -.L - CI ULU um IWm .... , I .........! . - ­ ­.. :,. . ) ...-. .. � . . ....... ! ; n (�SChi, bi4-1'0 11 MASTER PLANT DEVELOPMENT AGREEMENT 45 THIS AC T CAgreement) is made and entered into this � day of 200-L, by and between the CITY OF AUBURN ("City") and Apert International, LLP, 10219 Richwood Avenue Nw, Seattle, Washington 98177; a Nevada limited liability limited partnership ("Developer') (collectively, the "Parties"). . RECITALS - The following recitals are a substantive partof this Agreement. A. The Auburn downtown area has been identified as a sub -area within the City of Auburn Comprehensive ' Plan as evidenced by the City Council's adoption of the Auburn Downtown Plan/Final EIS in May 2001. B. The Auburn downtown, and particularly the area shown in'Exhibit "A" ("the Auburn Downtown. Area"), attached hereto, and' incorporated herein by this reference, which generally coincides with the City of Auburn designated urban center as approved by King County and the Puget Sound Regional Council, is characterized by the presence of vacant underutilized parcels that are difficult to develop due to their size and difficulties in aggregating adjoining parcels under different ownership. C. The City of .Auburn Co'rehensive Pian as evidenced -by the Citi np Council's adoption of the Auburn Downtown Plan/Final EIS in May. 2001. (the ",Auburn Downtown Plan") recognizes the goal of establishing a high quality pedestrian oriented downtown. D.- The City Council finds that it is advantageous for the City to work with public-private partnerships in proposed projects and anticipated private development financing in the downtown area. E. In furtherance of the goals and policies of the City's Comprehensive Plan and. the Auburn Downtown Plan, and to stimulate economic revitalization in the downtown area, and at the same time providing for a central gathering place and focal point for the community, and to provide a catalyst for development in the downtown area, the City established a process to select a developer of property in the target area, and to enter into a Master Development Agreement to develop properties in the downtown area as described herein and as depicted in Exhibit "B" ("Downtown Area"), and to promote coordinated d6velopment within the City of Auburn designated urban center. F. On the 21" day of April, 2008, the City Council selected the Developer as the preferred development team, and approved a Letter of Intent with the Developer by City of Auburn Resolution No. 4342, calling for an exclusive negotiating period between _ the Parties. -Page 1 10/6/0$ G. During that period, the City and the Developer have worked" on development guidelines and prepared conceptual design plans, and per this Agreement are memorializing their respective duties and responsibilities to each other as contemplated in resolution No. 4342, and as provided in accordance with the provisions of Chapter 14.21 of the Auburn City Code. H. The parties agree and acknowledge that the purpose of this. Agreement is to determine the terms and conditions under which (i) the Parties will prepare and. select the preferred design alternative for the Site and (u) conclude ars agreement for sale by the City and purchase and development of the Site by Developer, including the granting of options relative thereto, as set forth herein. I. The Parties intend that during the term of this Agreement, each will perform certain actions and responsibilities under this Agreement. AGREEMENT Now, th�reforejn consideration of the following terms and conditions, the Parties agree as follows: 1. Development Plan 'reparation and Site Description. Pursuant to input and guidance from the City, the Developer shall prepare a preferred designand development plan ("Conceptual Plan") for the City -owned parcels as described as Lots 1, 23,35 5, 63, 7, % 10, 11, 122 13 & 14 in Exhibit "C" ("City Legals"), attached hereto and incorporated herein by this reference, and as shown on Exhibit 'ID" .("City Parcel Map")I, -attached hereto and incorporated herein by this reference, and shall include planning to address potential purchases of non. -City owned parcels located within the area depicted on Exhibit "B" ("Downtown Area"), and incorporating additional parcels in the vicinity as shown on Exhibit "E" C"Outparcel. Map"), attached hereto and incorporated herein by this reference, together with a feasibility analysis and finance plan for the Conceptual Plan. The Conceptual Plan shall include uses allowed by City codes, and shall be consistent with (l) the Auburn Comprehensive Plan, and (2) - the Auburn Downtown Plan/EIS (2001), and (3) Auburn City Code including but not limited to, the Downtown Urban Center (DUC) zone and Downtown Design standards and the Auburn Junction Design Gui Map") that are subsequently purchased by the City during the term of this Agreement or any extension(s) thereof, provided that "City Parcels" shall not include parcels that may be purchased by the City within the identified target areas where the parcels are expressly purchased for municipal purposes. 2. Conceptual Plan and Guideline Development, The Conceptual Plan shall be finalized by the Developer and the Auburn Mayor and designees, in consultation with a downtown stakeholders group, and shall be approved pursuant to the City review process as set forth in City codes and state statutes. The Auburn Junction Design Standards as approved by the City shall be used in connection with the development contemplated herein and the Conceptual Plan; provided that any revisions to or* modifications of the approved Auburn Junction Design Standards will be done in consultation with the Developer and a downtown stakeholders -group pursuant to the City review process as set forth in City codes and state statutes. 3. The Developer's Project. The Developer's project shall be an environmentally conscious, master planned mixed use development. in an urban village ga settin to include a combination of retail, commercial., residential and public uses. Additionally, the project shall provide aesthetic .appeal, ambience and connectivity from the Transit Station to Main Street, mixed facades to complement historic Main Street and the nearby Transit Station and parking facility; and shall be developed in its entirety consistent with design elements and standards provided in the Guidelines. Additional properties may be annexed to the project with the concurrence and participation of the owners of parcels if not owned by the Developer, -Md thus made subject to the applicable Guidelines. 4, City Infrastructure. The Parties shall work in consultation with a downtown stakeholders group to determine how infrastructure needs should -be addressed and incorporated into the design plans and guidelines for the Developer's Project, and shall also negotiate in good faith to determine how infrastructure needs for the Project would be funded, including public/private partnerships. and other mechanisms and strategies that may be available. 5. Term of Agreement and Developer's Rights/Options to Purchase City Parcels. During the term of this Agreement, as described herein, the Developer shall have the right to purchase the City Parcels identified as Lots 1, 2, 3, 5, 63 7197 10, 11, 11) 13 & 14 in Exhibit "C" C"City Legals"), for the purchase price as determined below. The ternn of this Agreement shall be for a period of time - ending on the second anniversary, of the date on which this Agreement is executed, which right may be assigned by the Developer to one or more assignees acceptable to the City, For the purposes hereof, the City's Mayor shall be authorized to approve such assignment(s) subject to council approval. Any reference in this Agreernent to the term or period of this . Agreement shall be deemed to include any extended period. It is provided, however, that as an alternative to the purchase of City Parcels, the parties may negotiate and execute agreements for long -terns leases of said City Parcels. . -Page 3 - 10/6ras �- Purchase Prue. During term of this C. City Parcels Option to Purchase Agreement, the Developer shall have the right to purchase the City Parcels for the Purchase price determined through the process described below. The purchase price. for the City Parcels, along with any City right-of-way that may be vacated, and rights pertaining to any City Parcels ultimately included in the Project, shall be equitably negotiated in good faith by the parties during the tenn of this Agreement or any extension hereof, reflective of factors pertinent to their reasonable valuation as determined as of the date of the execution of this Agreement, and based on the value of the land only, as- the Parties agree that any buildings or improvements that may exist on the property are not of value to the intended development. The Parties further agree that if they are not able to successfully negotiate an agreed purchase price, in order to ensure a fair purchase .price for the Ci Parcels and an other City --owned property rights associated therewith, the City Y City may. engage an independent MAI appraiser to determine the value of the City Parcels, which valuation shall be the purchase price. If the valuation of the City's MAI appraiser is not acceptable to the Developer, the Developer may engage an independent MAI appraiser to determine the valuation. If the Developer's MAI appraiser determines a value that is within ten percent (10%) of the City's MAI appraiser's value, the lower valuation shall be used as the purchase price for the City Parcels. If the difference in valuation exceeds ten percent (10%), the City's MAI appraiser and the Developer's AlM appraiser shall select a third MAI appraiser and the three appraisers shall determine the valuation, and that valuation shall be the purchase price for the City Parcels. Alternatively, if the parties agree to pursue longterm leases of said City Parcels, includingagreement on the length and terms of the leases, as an alternative to and i tead of the purchase/sale of the parcels, if the parties cannot agree on the amount of lease payments, the parties shall employ a similar strategy for determining valuation/payment amounts of the leases similar to the strategy described above. If the Developer does not exercise its option to purchase the City Parcels within one year of the date of this Agreement, . the purchase price (computed based upon value 'as of the date of this Agreement) shall be adjusted upwardly as a cost of living increase by a factor of five and five tenths percent (5.5%), and shall further be adjusted by five and five tenths percent (5.5%) per year thereafter if the option to purchase is not exercised by the end of the second year or by the end of any. year(s) thereafter if this Agreement is extended as provided herein. The Parties further agree that if there are any buildings or improvements that would need - to be removed from the property when purchased by the Developer, the Developer shall be responsible for their removal and the costs thereof shall be deducted from the valuation in order to. calculate the purchase price. 7. Closing. Closing on collective or individual purchase(s) of City Parcels, as agreed to by the Parties, shall occur in a manner consistent with the phasing of the Project, as set forth in the proposed development schedule, identified as Exhibit "G" 0"Development Schedule") attached hereto and .incorporated herein by this reference. Initial redevelopment is intended to occur in -the vicinity of Main Street, near City Hall'.. -Page 4- Po/64o8 Further details of the phasing and closing processes shall be agreed upon during the term of this Agreement. For the purposes hereof, the City's Mayor shall be authorized to approve/grant such extension(s) subject to council approval. Additionally; for the purposes hereof any reference to the term of this Agreement shall *be construed to mean and shall include the initial term of the Agreement and any extensions thereof. S. Extension of Developer's Rights to Purchase City Parcels. The Developer's rights/options to purchase the City Parcels as defined herein above may be extended upon written approval by the City for up to one (1) year per extension based on evidence presented to the City and reasonably satisfactory to the City that Developer is making progress toward the mutual goals set forth in this Agreement. 9. Reports and Communication. The Developer shall submit written reports to the Mayor, or designee, at the times requested by the City regarding progress toward .satisfying the terms and conditions of this Agreement. The. Developer also shall provide to the City representative such additional information as is reasonably requested by the City representative. Unless otherwise agreed by the City representative and the Developer representative, the Parties shall communicate with each other through such representatives. 10. Site Environmental Assessments. The Developer at its sole cost and expense shall be entitled (but shall not be obligated) to conduct or cause to be conducted environmental assessments, audits and/or testing of the Site. Any such work shall be the sole responsibility of the Developer. in accordance with all applicable laws and regulations, and shall be coordinated with the City to minimize disruption of existing uses and activities at the Site. Upon request of Developer, the City shall make available to Developer, without representation or warranty, any existing environmental reports prepared by or on behalf of the City, or otherwise in the City's possession, concerning the Site. Upon request by the City, the Developer shall make available to the City any written documents relating to such environmental assessments, audits and/or. testing of the Site. The Developer shall have the right to terminate this Agreement upon fifteen (1 5) days advance notice to the City if -the Developer is not reasonably satisfied with the findings and conclusions of such environmental assessments, audits and/or testing. However, the Parties acknowledge and agree that specific representations and warranties, agreements, obligations, liabilities, or responsibilities pertaining to the condition of the Site will be the subject of negotiations between the Parties Mi connection with the Development Agreement. 11. Reports and Analyses. Each Party reserves the right to request reasonable additional information and data from the other Party to allow thorough review and evaluation of the Conceptual Plan, Development Agreement and Site development. Each Party agrees to provide such information -and data to the other Party in a timely manner, to the extentP ermitted by law. The City acknowledges that it may receive sensitive and proprietary rie information regarding the Developer's business, the release of which could cause harm to the Developer. The -City shall keep such information and data confidential to the extent permitted by law. -- Page 5 roi6/o8 . 12. Costs and expenses. Except as provided otherwise by this Agreement, the Parties shall be responsible . for their respective costs and expenses related to the tasks, activities, duties and obligations under this Agreement. 13. Change in Developer. The City selected the Developer based on its qualifications as an experienced and successful developer of similar projects. No other q person or entity, including but not limited to a voluntary or involuntary successor of the Developer, shall have any rights or powers under this Agreement. The Developer shall not assign all or any part of this Agreement to any person or entity without the prior written consent of the City, which consent the City may grant or deny at its sole discretion. Notwithstanding the foregoing, upon notice to the City, Developer may iiny controlled by assign its rights and delegate ts res t and/or whose principals are the herein named Developer or its officers. 14. Default. Failure by either party to perform any maternal duties of this Agreement shall constitute an event of default. The non --defaulting party -shall give written notice of a default to the defaulting party, specifying the nature of the default and the action required to cure the default. 7f the default remains uncured. for twenty-one (21) days after the date of such notice, the non -defaulting party may exercise the remedies set forth in paragraph 1.5. 15. Remedies for Default Release. Parties reserve all rights under the law. 16. Definition of Party. For purposes of paragraphs 15 and 19 of this Agreement, the term "Party" shall mean and include the Developer's officers, employees, attorneys, agents, servants, representatives, subsidiaries, affiliates, partners, assigns, predecessors and successors, and any other persons, firms or corporations with whom the Party has been, is now or may hereafter be affiliated by contract in. connection with this Agreement. 17. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the Parties, although it contemplates and precedes other -agreements ' negotiated that may be and executed by and between the parties, including agreements for � thep urchase 'and development of City owned property in the target areas described above, and other agreements for infrastructure. 1.8. No Development Approval. Nothing in this Agreement shall be construed as a grant of development rights or land use entitlements. Any such rights or entitlements shall be subject to the review and approval of the City, subject to applicable statutes, codes andF olicies, procedures and regulations. By execution of this Agreement, the City is not conimitting itself to or agreeing to undertake the disposition and development of the Site or any other acts or activities requiring the subsequent independent exercise of discretion by the City or any agency or department thereof. _Page 6-- 10/6/08 19. Hold Harmless= 'Third Pavy Rights. This Agreement is solely for the benefit of the Parties andgives no right to any other party. leo joint venture or partnership is formed as a result of this Agreement. Each Party agrees to and hereby does hold the other Party harmless from any and all claims, damages and injuries based on or arising out of the subject matter or acts and omissions under this Agement. 20. Notices. All notices provided for in this Agreement may be, delivered in person or sent by recognized overnight courier, facsimile, email or United States Mail, return receipt requested, postage prepaid. if mailed by United States Mail, the notice shall be= considered delivered three (3) business days after deposit in the Mail. Any notice sent by facsimile or email shall also be sent by United States Mall or recognized overnight courier, and shall be deemed received on the date of receipt if received before 5:00 p.m. Seattle time on a regular business day; otherwise, it shall .be deemed received on the next business day.. The addresses to be used. in connection With such correspondence are as follows.. Developer: City: Spencer Alpert, President . Peter B. Levers, Mayor Alpert international, LLLP City of Auburn 10218 Richwood Avenue NW 25 rest Main Street Seattle, Washington 98177 Auburn, Washington 98041 With a conicurrent copy to: With a concurrent copy to: John Charles McCullough Jr. Daniel B. Heid, City Attorney McCullough Hill PS - City of Auburn 741 5th Avenue, Suite 7220 25 west Main Street Seattle, Washington 98104-7097 Aubum, Washington 98401 With a concurrent copy to: Jeff Smyth Smyth & Mason PLLC 701 Fifth Avenue, Suit, 7100 Seattle, Washington 98104 21. City Council Approval. The Parties acknowledge that this Agreement does not bind the City of Auburn until the Mayor executes the Agreement and the City Council approves the Agreement. - Page 7 - 3016108 IN WITNESS WHEREOF, the parties have caused this Agreement -to be execute. by their authorized representatives on the date firstabove written. Alpert International, LLLP 7tr ti By: The Alpert group Inc. Its: General Partner y !LfeN!v_i, Mayor Spencer p , President .Attest: ADamnia Daskarn, City Clerk Ap ov d as to • 57an_i_e__fB_. Heid, ity Attomey - -Page 8- 1oi6ro8 EXMBITS . Exhibit "A" - The Auburn downtown Area Exhibit "B" Downtown area Exhibit "C" - City Legals - Exhibit "D" - City Parcel Map Exhibit ""E" - autparcel Map ' Exhibit "F" - Auburn Junction Design Guidelines Exhibit i`G" - Development Schedule -- Page 9 - 10/6/09 7 q ,t:! 1p X ui r-4 nCC3 n EXHIBIT C Lot # 1-- 7815740240 B1 k S Town of Slaughter, according to the plat thereof recorded in Lots 3 and 4, B1 , g Volume 2 of Plats page 55, in Kang County, Washington, subject to: Covenants, Coridxtions, Restrictions and Easements contained in the Lot Line Adjustment recorded January 17, 2006 under Recording.Number 20060117002764; Agreement and the Terms . thereof regarding the Common Wall recorded October 1, 1947, under and Conditions g g Recording Dumber 3729624, records of King County Washington. [1.2 1St Street S'4'V','Auburn, SVA 980021 Lot # 2 -- 7815740225 *M Lots 1 and 2, Black 5 ter, according to the plat thereof recorded Town of Slaughter, that onion of Volume 2 of Plats, page 56, in King County, 'Washington; together with p adjacent thereto as per City of Auburn ordinance Dumber 58423 the vacated alley � . . County. Recording Number 20040708002028. Subject to: The recorded under ung tY g ed b the Ci of Auburn affecting Easement and the Terns and Conditions therein resew y , w'` a portion of said premises within the vacated alley for utilities, recorded July 8, 2004, under Recording Number 20040708002028; the Agreement and the Terms and Conditions the gar rein regarding the right to erect pilasters, recorded October 1, 1947', under g g Recording Number 3729624. [1Q1 S. Division Street, Auburn, WA 980421 Lot # 3 — 781.5700250 Northeast quarter of the Southeast quarter of Section 13, Townshi That portion of the p 21 North, Range 4 East �a g in Kin County Washington, being more particularly follows: Lots 5 6 and the North half of Lots 7 and 8, Block S, Town of described as folio � a Slau hter according to the plat thereof recorded in. Volume 2 of Plats, page e 56, records g of King County, Washington, of Auburnunder Recording Except that portion of said Lot 5 conveyed to the City Dumber 20010508002955, [Thai portion of Lot 5, Black 5, Town of Slaughter, according to the plat thereof recorded in Yolume 2 of Plats, page -56, records of King County, Washington, described as farrows: Beginning at the southwest corner of said .Lot 5, Thence north along the West margin of said.Lot 5, distance of f I eet, Thence southeasterly to the south margin of said Lot 5, Thence west along the south n of margin said Lot 5, a distance of lo feet to the point of beginning and containing 50, square feet? South half of the vacated alley way abutting Lots S, 6, 7 and 8, of said Together with the Sou Black 5, as vocaled under Ordinance No 5842 and recorded under Recording Number 200407080020 28; And Together With the North Half of the vacated alley way abutting Block 5 as vacated under Ordinance Number 5 842 and recorded Lots 3 and 4, of said � State of r Recording Number 20040705002028, All Situate in the County of King, uncle g - Washington. - Page 12- 1016108 Lot # 4 — 7815704265 Thatp ortion of the Northeast quarter of the Southeast quarter of Section 1.3, Township 21 forth Range 4 East, WK in King County Washington, being more particularly described as follows: The South half of Lots 7 and 8, Block 5, Town of Slaughter, aceording p to thelat thereof recorded i . Volume 2 of Plats, page 56, records of King _ County, Washington. [1.21 S. Division Street, Auburn, WA 950021 Lot # 5 — 7515704295 Lot 4 Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington. ' [2.1't Street SE, Auburn, WA 98002] Lot # 6 — 7815740290 Lot 3 Bloch 6 Town of Slaughter, recorded in Volume_ 2 of Plats, Page 56, records of King County, Washington. Lot It 7 -- 7515704285 `hose Portions of Lots 1 and 2, Block 6, Town of Slaughter, according to the plat thereof recorded in Volume 2 of Plats, page 56, in King County, Washington, lying Westerly of a line described as follows: Beginning at a point on the North line of said. Lot l lying 62.5 feet Easterlyof the Northwest Corner of said Lot 2; Thence South 0000'22"' West 29.5 feet -Thence South 89°56'53" West 19 feet; Thence South 00°04'22" Fest 75.69 feet; Thence South 89'56'19" West 43.52 feet to the Nest line of said Lot 2; ence Southerly aloe said West line 15 feet to the Southwest corner of said Lot 2, being the g terminus of said line, also known as Lot A. of City of Auburn Lot . Line Adj ustment No 0003-951, recorded under King County Recording No 9502160960, Lot # 8 —7815700280 . Those Portions of Lots 1 and 2, Block 6,'Town of Slaughter, according to the plat thereof recorded in 'Volume 2 of Plats; page 56, in King County, Washington, described as follows: Beginning at a point on the North line of said Lot 1 lying 62.5 feet Easterly of g � the Northwest Corner of said Lot. 2; Thence South 00°00'227' West 29.5 feet; Thence South 89°56'53" West -19 feet; Thence South 00°00'22" West 75.69 feet; Thence South 89'56"19"' West 43.52 feet to the West line of said Lot 2; Thence Southerly along said West line 15 feet to . the Southwest corner of said Lot 2; Thence Easterly along the South line of said Lots 120 feet to the Southeast corner of said Lot 1; Thence Northerly along the East line thereof to the Northeast corner - thereof; Thence Westerly to the Point of Beginning, also known as Lot. B of City of Auburn Lot Lune Adjustment No 0003-95, recorded under King County. Recording No 9502? 64960. [ 101 Auburn Way S., Auburn, WA 98002] -- Page 13 - 1016/08 Lot # 9 w- 7815700300 Lot 5, Block 6 Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington. [ 122 S. Division Streetl Lot # 10 --- 7815700305 Lot 6, Bloc -Slaughter, Block 6 Town orecorded in Volume 2 of Plats, Page 56, records of Ding County, Washington. Lot it 11-- 7815700310 Lot 7, g Block 6 Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington. Lot # 12 — 7815700325 The North 29.80 feet of Lot 8 North 64 Feet of Lot 8, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of ming County, Washington. [ 115 "A" Street SE, Auburn, WA 9 8001 ] Lot # 13 — 7815700326 r recorded The South 30.2 feet of the Forth 60 feet of Lot 8, Block 6, Town o#' Slaughte , in Volume 2 of Plats'. Page 56, records of King County, Washington. [117 "A" Street SE, Auburn, WA 980011 -Lot # 14 --- 7815700327 of Lot S Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records Ding County, Washington, Except the North 60 feet thereof. - Page 14 - 1 of6fO8 701 x ui 38- '}S t1 00 M. M 58 (0 (0 t6Na) U), (0 C 0 -C)nt LO LO o. 0 .00 (Y) o Q 'o C . 0 C) o 0, U) fl.4 0- UO'IS'lAla ob. d) 0 to m 0 0 to m 0 co .c q 0 0 .8 'o 0 0 0 0 0. T V - ors r'. ti ti ti LO (DI I% - LLI M� raver x uj N to Cli Exhibit F Auburn Junction Design Guidelines Approved 9-3-08 THE FOLLOWING STANDARDS SHALL ACT AS AN OVERLAY DISTRICT TO TFE EXISTING .DOWNTOWN URBAN CENTER DESIGN GUIDELINES APPLYING ONLY TO THE FOUR BLOCA. AREA OF THE A UB URIV JUNCTION PROJECT AS WELL AS ADJACENT SECTIONS IN PUBLIC RIGHT OF WAY INCLUDING THE OPPOSITE SIDES OF ALL PERIMETER STREETS, AS DEPICTED IN THE BELOW DRAWING. SHOULD ADDITIONAL AREAS BE ANNEXED INTO THE .A UB URN JUNCTION PROJECT PER CITY RESOLUTION, THEA THESE GUIDELINES WOULD APPLY TO SUCH AREAS. NOTE THAT THE AUBURN 1UNCTION DESIGN GUIDELINES TAKE PRECEDENCE OVER THE DOWNTOWN URBAN CEN'T'ER DESIGN GUIDELINES. - Page 17 - F 416/08 TAME of CONTENTS S I. Def nitians/A.rchitectural Terms . li. Project Goals M. Resign Guidelines Page 18 - 1 016ias I. DEFINITIONNA RCIM'ECTURAL TERMS These words shall have the following meanings for the purposes of these guidelines: a. Articulation -in art and architecture, is first of all a joint. Expanding from that definition, articulation is also a method of styling the joints in the formal elements of architectural design. . Through degrees of articulation, each part is united with the whole work by means of a joint in such a way that the joined parts are put together in styles ranging from exceptionally distinct jointing to the opposite of high articulation —fluidity and continuity of joining, In highly � g articulated works, each part is defined precisely and stands out clearly. The articulation of a building reveals how the paxts fit into the whole by emphasizing each part separately. b. Cano - means a cover over a sidewalk providing protection from the rain, which is constructed pY of durable, permanent materials. C. Cornice - upper section of an entablature, a projecting shelf along the top of a wall often pP . supported by brackets. d.. ]director - means the director of the Auburn department of planning, building and community. -- a roof designed with principles of environmental sustainability, involving the e. Green .roof means gn F p use of vegetation and storm water collection and cleaning. It may or may not be accessible. f. Neo -traditional — Design concept that promotes a more livable and alive community for residents; more sustainable since it preserves land by encouraging more compact- development and reduces airp ollution and carbon dioxide emissions by creating new opportunities to walls and bike Father than using a car; and mixed --use with a combination of commercial and residential development. g.. Parking, structured - means parking contained within an enclosed building either part of or = designed to appear like it is part of the larger building complex, or a freestanding structure devoted exclusively to above -grade parking. h. Plinth - a block used as the base of a column or other upright support• L Public art - means any form of painting, mural, mosaic, sculpture, or other work of art, so long as it can be appraised as a work of art and its value as such documented, displayed on the exterior of a building, at or near the pedestrian entrance, or on a public plaza, and visible to users of the g public right-of-way at all times. Public plaza - means an open space that is visible and accessible to the public at all tunes, predominantly open en to the sky, and for use principally by people, as opposed to merely a setting p . for the building. - Page 19 10/6108 k. Street level retail - means uses providing goods and services, including food and drink, adjacent • to, visible from, and directly accessible from the public sidewalk. l Page 20 - 1016l48 H. PROJECT GOAIS 1. ToP rovide visual appeal and enhance the pedestrian env* ohment, trees and other vegetation will be introduced along the sidewalks and/or street medians on all streets throughout Auburn Junction as well as streets on the opposite sides of all perimeter streets consistent with the Downtown Sidewalk Standards. 2. To work with Sound Transit to redevelop the Transit Station plaza into a park facility and incorporate "green" features. Altering bus traffic will need to be discussed with the appropriate agencies and most likely will not take place until the 2nd parking garage is constructed on the west side of the BNSF tracks. 3. To apply goals and intent statements specified in the United States Green Building Council's Neighborhood Development (ND) Pilot Program (not yet officially adopted). Goals within the Leadership in Energy and Environmental Design (LEED) ND program applicable to Auburn Junction including the following: A. Bi Network: To promote bicycling and transportation efficiency by providing bicycle parking spaces, storage capacity, and access to bicycle lanes. B. Housing and robs Proximity. Encourage balanced communities with a diversity of uses and employment opportunities by including both residential and non-residential into the project. C. Compact Develo rnent; Conserve land. Promote livability, transportation efficiency, and walkability through more dense development. D. DiversiV of Housing Types: Attraet a demographic mix to the Auburn Junction project and community through a range of housing options. E. Reduced Parking, Footprint: Design parking- to increase the pedestrian orientation of projects, minimize the adverse environmental effects of parking facilities and encourage other modes of transportation, such as bicycles. F. Walkable Streets: Provide appealing and comfortable pedestrian street environments in order to promote pedestrian activity. Promote public health through increased physical activity. G. Trans ortation Demand Manggement: Reduce energy consumption and pollution from motor vehicles by encouraging use of public transit and other modes of transportation. H. Access to Surrounding Vicini : Provide direct and safe connections, for pedestrians and bicyclists as well as drivers, to local destinations and neighborhood centers. Promote public • health by facilitating walking and bicycling. 1. Access to Public S aces : To provide EL variety of open spaces close to work and home to encourage walking, physical activity and time spent outdoors. The goal is to have a park or green plaza within a'/4 mile of the Aubum Junction project. -Page 21 10/6/08 J. Access to Active Spaces: To provide a variety of open spaces close to work and home to encourage walking, physical activity and time spent outdoors. The goal is to have linkages - through and beyond Auburn Junction connecting to existing and future facilities such as the Interurban Trail, C Street SW Trail, and F Street underpass. K. Universal Accessibility and Diversi Enable the widest spectn.un of pedple, regardless of age or ability, to more easily participate in their community life by increasing the proportion of areas that are -usable by people of diverse abilities. The.goal is to have a mixed demographic in the Auburn Junction development to create a vibrant downtown. L. CommunLty. Outreach and Involvement: Encourage community participation in the project design and planning and involve the people who live in a community in deciding how it should be unproved or how it should change over time. M. Construction Activity Pollution Prevention: Reduce pollution from construction activities by controlling soil erosion, waterway sedimentation, contamination of ground water, and airborne dust generation. N. Flnergy Efficiency in Buildin s: Encourage the design and construction of energy efficient buildings to reduce air, water, and land pollution and -environmental impacts from energy production and consumption. Q. Reduced Water Use: Minimize water use in buildings and reduce landscape irrigation that would impact natural water resources and burden municipal water supply and wastewater systems. P. Contaminant Red uction ' in Brownfields Remediation: Encourage brownfields cleanup and redevelopment that reduce contaminant volume or toxicity and thereby, minimize long-term remediation or monitoring burdens, while redeveloping to a better use. Q Stormwater Mara ement: Reduce adverse impacts on water resources by mimicking the natural hydrology of the region on the project site, including groundwater recharge. Reduce pollutant loadings from stormwater discharges, reduce peak flow rates to minimize stream channel erosion, and maintain or restore chemical, physical, and biological integrity of downstream waterways. R. Heat Island Reduction: Reduce heat islands to minimize impact on microclirnate and human and wildlife habitat. 5. On --Site Vngu Generation: Reduce air, water, and land pollution from energy consumption and production by increasing the efficiency of the power delivery system. T. On -Site Renewable Ener Sources: Encourage on-site renewable energy self supply in order to reduce environmental and economic impacts associated with fossil fuel energy use; U. District Heating & Cooling: Reduce air, water, and land pollution resulting from energy consumption in buildings by employing energy efficient district technologies. v. Infrastructure Energy Eff cienc : Reduce air, water, and land pollution from energy consumption. W. wastewater Mang ement: Reduce pollution from wastewater and encourage -water reuse. Page 22 - 1 0/6/09 X. Rec cled -COntent in Infrastructure: Use recycled materials to reduce the environmental impact of extraction and processing of virgin materials. Y. Construction waste Manggement Divert construction and demolition debris from disposal in landfills and. incinerators. Redirect recyclable recovered resources back to the manufacturing process. Redirect reusable materials to appropriate sites. Z. Comprehensive waste 11lManaement: Reduce the waste hauied'to and disposed in landfills. ,- Promote proper disposal of office and household hazardous waste streams. Strongly encourage recycling. AA. Light Pollution Reduction: - Minimize light trespass from the site, reduce sky -glow to increase night sky access, improve nighttime visibility through glare reduction, and reduce development impact on nocturnal environments. EI3. LEER Accredited Professional: Include as part of the development team to support and encourage the planning and design integration required by a LEER for Neighborhood Development green neighborhood project and to streamline the application and -certification process. Page 23 - 10/6/08 111. DESIGN GUIDELMS Introduction As stated in the Auburn Comprehensive Plan, Auburn Downtown Plan, and Auburn City Code, the Auburn Junction Design -are are meant "'to encourage development which enhances. the human, pedestrian scale, creating a sense of community and place."' The following guidelines promote development which is consistent with the goats identified in the Comprehensive Plan and Auburn Downtown Plan. 1. Buildings shall be built to at least a LEED Silver rating or meet a substantially equivalent standard, � g . and shall demonstrate compliance with that commitment. 2. The applicant shall make a commitment acceptable to the Planning, Building and Community Director that thero osed development will meet Living.Building Challenge standards or the p P equivalent . or Otherwise demonstrate to the satisfaction of the Director that the development will _ q �. I to the extent feasible. Applicant shall further demonstrate compliance with that commitment.cornp �► 0 In order to provide visual and pedestrian connectivity between the Transit Center r garage and the SW corner of Main Street Auburn Avenue, a pedestrian "trai P" will incorporated as follows: a. Along 1't Street between A Street S.W. and S. Division Street; and b. Continuing between the intersection of I" Street and S. Division Street to the SW corner of Main Street and Auburn Avenue. c. The pedestrian trail may include a "string of pearls" (i.e..a series of pocket parks). d. Creative patii-,ms, vegetation, attention to detail, wrought iron with brick accents. Page 24 - 1016/0s 4. Projects shall provide aesthetic appeal, ambience and connectivity to Main Street, mixed facades to complement historic Main Street, the nearby Transit Station and parking facility. Materials such as masonry and brick -should be a dominant feature. No corrugated metal. Black framed windows and black wrought iron balconies are preferred. 5. Three (3) plazas shawl be incorporated at the intersection of Main Street and Division, is' Street a Street and Division, which shall contain an iconic feature such as public and S. Division, and a sculpture or other such artistic, features are included, then the applicant shall event art. In the P seek approval from the City's Arts Commission. within the development at the ratio required by ACC 6. Parking for residences shalt be contained vv P 18.29.060. There shall be no onsite parking required for uses other than residential; however, adequate parking arkin ipublic rights-of-way and offsite public facilities (including the Transit Center P rg in facility for evenings and weekends) shall be demonstrated. Contributions to a parking parking tY g structure in the urban center shad be required of development within the Auburn Junction project to the extent necessary to fulfill the requirements of this section. 7. Th erred Aubvrrn Junction signs will be required %n key locations throughout the development including Auburn Junction or Downtown Auburn street -signs. A master signage plan shall be d that includes a color palette for monuments signs and size dimensions in accordance submitted with the ACC Section 18.29.460. -$. An access easement to rooftops shalt be provided to the City.which will allow the installation of devices for wireless coverage and maintenance of those devices. The applicant shall also provide access to ower on. rooftops to be used for City wireless facilities. The parameter's of the access p easement and lion of devices shall be approved by the City. Any cabling and/or power needs ocal to be secured so the facilities are not damaged by other activity on the roof. 9. Log adin zones shall be incorporated into the project and locations approved by the City. that rooftop widens be incorporated into the project and the space be available to 10. It is encouragedp g Cerit5. Consideration of the wireless facilities to be located on rooftops shall be incorporated resi into any landscape design of a rooftop garden. 11. Store front heights at the first floor of structures shalt be a minimum of sixteen (16) feet in height. - Page 25 - 10/6/08 GUIDELINESAPPLICABLETOAUBUIZI+TJUNCTION � Site Design ■�..a . i?APdUNG LOTS AND GARAGES ,Intent: Reduce the visual impact of surface parking lots and garages A. General 1. Parking shalt be located over, under, behind, or to the side of buildings. Parking structures are strongly encouraged. 2. All parking lots shall meet the design and construction standards of ACC 18.52 unless modified herein. * Parking stall standards for 90 degree stalls in structured parking facilities shall be 18 feet in length and 9 feet in width. All other dimensions shall meet ACC 18.52. Parking stalls for motorcycles and scooters shall also be included in developments. 3. Compact parking stalls may be allowed but only 30% of the total parkimg• 4. Secure bicycle storage- shall be provided for residential units at five (5} percent of the total parking. 5. Bicycle racks shall be incorporated into projects and it is preferred that an artistic element be used in designing bicycle racks. Location of bicycle racks -shall be approved by the '•�iki11=��'�Il til :::�� t�I�ut�i'fL��� 5 z� Screenin and Landscaping -- the applicant may demonstrate equivalency with B g screening and landscaping section by pravid3ng an alternative pian ;4f approved theg . by the Planning, Building, and Community Director. landscaped 1. Surface parking lots consisting -of ten or more stalls shall -feature /anter beds at a ratio of one to every six (6) stalls. Each planter bed shall include at least one tree, a.minimum caliper of two (2) inches at the time of planting. 2. The minimum planter size shall be 100 square feet. Planters shall be protected by concrete curbs and shall also feature shrubs and/or groundcover. 3. Surface parking lots located adjacent to any street (excluding alleys) shall be screened by one or a combination of the following: a. Low walls made of decorative concrete, masonry, or other similar material, not exceeding a maximum height of 30 inches. b. Combination of wrought iron fence and landscaping. - Page 26 - 10/6/08 - lanced with a m�xnum of 800/0eyergxeen shrubs, not withc. Raised planter walls, with wrought �rvn, p exceeding a total height of 30 inches. nsistin of trees hof which at least 80% are deciduous} and shrubs and d. Landscape plantings co g • groundcover materials (of which at least 8o% are evergreen).between 30 inches e. All plant material. used for parking lot screening shah provide clear views and ,i ght 8 feet above the ground surface, for visibility and safety site distance). ( } f. Planting areas shall be a minimum of five (5) feet in width and shall be irrigated to sustain the vegetation. C. Pedestrian Connections 1. Pedestrian connections not less than five (5) feet wide shall be Provided through parking lots to building entrances, sidewalks and/or transit stops. 2. Pedestrian connections should be clearly defined by at least two of the following: a. Six (6) 'each vertical curb in combination with a raised walkway; - b. Textured paving, including across vehicular lanes, such as unit pavers, stamped and scored concrete; C. Bollards; d. Trellis; e. Continuous landscape area at least three (3) feet wide and at least on one side of the walkway; f. Pedestrian --scale fighting, required g. An element, as approved by the City, which meets the intent of this section. D. width 1 Spacing of Driveways 1. Driveways should not exceed 24 feet in width at the property line. Distance between curb cuts should not be less than 104 feet, measured from the outer edge of the driveway aprons. 2. The sidewalk pattern and material shall continue across the driveway_ 2. SHIELDED LIGHTING o the site such as Irate ext; Ensure that erior site lighting contributes to the character f ` tura/ eatures IV building entrances) and does not disturb ad iacent accentuating archuec J g development only City-approved standard fixtures shall be used for public sidewalk lighting. A. Y tY PP flramx B. All site lighting sh&U be shielded from producing off-site glare, either throw �n exterior shields or throw optical design inside the fixture, so that the direction of � the light is downward. •maximum hei t allowed for parking lot lighting is 24 feet. The maximum C. The height along pedestrian walkways is 16 feet. Page 27 - - parr axwbdion ffmaO P&V IN 10/6109 s 3. EAI D.. Site lighting s adequate should create visibility at night, evenly distributed to increase security, and coordinated with adjacent landscaping to avoid casting long shadows. E. Incorporate rate electrical service into lighting fixtures for seasonal ornamental lighting and provide the capability for the City to install a mesh access point on the pole. SCREENING OF TRASH 1 SERVICE AREAS intent: screen gash storage, loading and service areas, from public view A. Trash and service areas shall be placed away from streets. Adequate access shall be provided and reviewed by the contracted hauler to ensure adequate and safe access. B. All service, loading and #rash collection areas shall be screened by a combination of masonry walls and planting, with similar character to the design of the building it serves. C. Loading and service areas shall not face any residential areas, unless no other location is feasible. Effort should be made to buffer impacts to residential areas. 1016108 PLAZAS l lazas are incorporated ensure plazas are readily accessibleffor use and offer a Intent: ,f p � pleasant environment . A. public plazas must abut and be within three (3) feet in elevation of a public sidewalk. Damps shall be provided consistent with ADA standards. B. At 1�ast ten (10) % of the plaza area shall be planted'v trees and other vegetation. :C. Plazas shall incorporate patterns and designs using materials agreed to by the City. Plazas shall be consi; with the City Hall Plaza. D. Plazas shall_ include adequate lighting, allow for penetration of sunlight, and provide seating in the form of low wails, benches and/or tables and chairs. E. Accessory site features such as, waste recel furniture and movable planters shaU be of c design to the main building served by the p -- Page 28 w F. Courtyards between structures and interior courtyards are encouraged to promote pedestrian activity, create open space, and a stately entrance. UIDEL INES A P P L ICA ffL B TO A UB U, Pu LV J VNCTIONB14 "Idina ,design . �.. ENTRANCES intent: ensure that entrances are easily idendflable and accessible from streets and sidewalks N 10/6108 A. Main building entrances should be Oriented to the property line abutting the primary street rather than to a. parking lot. B. Locate prunary entrances so that they are visible from the public right-of-way. The entry, particularly if on a street corner, should be marled by architecturally prominent elements such as canopies, ornamental lighting fixtures and/or fixed seating that offer visual prominence and a sense of safety. GROUND LEVEL DETAILS Intent; reinforce the character of the streetscape A. Street -oriented facades of commercial and mixed-use buildings shall be designed to be pedestrian -friendly through the inclusion of elements 3, 4, and 10 plus at least two of the following elements: I ) Kickplates for storefront window 2) projecting window sills; 3) Pedestrian scale signs; 4) Canopies, 5) Plinths for columns; 6) Containers for seasonal plantings; 7 ) Ornamental tiiework; 8) Medallions; 9) B elf courses; 10) Lighting or hanging baskets supported by ornamental brackets; 11 ) An element, as approved by the City, which meets the intent of this section. - Page 29 - 3. 4. BASE I MUDDLE 1 TOP Intent: primarily emphasize the street level, but also creme ar visually interesting skyline A. Buildings -above 30 feet in height should distinguish a "base" at ground levet using articulation and materials such as stone, masonry, or decorative concrete. B. The "middle" of t distinguished by a chx- windows, balconies, c C. The "top" of the 1 distinct profile of out projecting parapet, c( pitched roofline. 10/6/08 UPPER LE'V'EL SETBACK .: ent: redue cthea arent hulk of 1?ruld-story buildings and maintain pedestrian scale hint PP ,A. Front facades of buildings abutting streets shall have 20% (minimum) of upper level set back a mudmum depth of three (3) feet." B. Views of Mount Rainier should be protected where feasible and if protected five (5 ) percent additional floor area can be achieved. TREATMENT OF BLANK WALLS Intent: reduce the visual impact of blank-wal visual interest A. Blank walls visible from the public street longer than 30 feet shall incorporate two (2) or more of the following features: l) Vegetation, such as trees, shrubs, ground cover and/or vines adjacent to the wall surface; - Page 30 -- 2) Artwork, such as bas-relief sculpture, murals, or trel structures 3) Seating area with special paving, lighting Futures al seasonal plantings; and/or 4) Architectural detailing, reveals, contrasting material other special interest, consistent with character of tl downtown. 5 6, USE OF NEON a the use of neon as ars architectural embellishment in keeping with the character of .�'ntent encourage downtown. A. Neon may be allowed to emphas=* unique building features. Neon may be used as artwork or as graphic symbols that portray the nature of the business, provided B. rr y _ that no written words shall be allowed. 7. t ai6/o$ PARKING STRUCTURES rntent: reduce the visual inwact of structured parking located above grade A. At ground level, free-standing parking structures shalt comply with guidelines addressed under `Ground Level Details.' B. Upper levels of structured parking should be screened or treated architecturally by two or more of the following: I) Roughly square openings rather than horizontal, or elements that lessen the rectangular opening. -2) planting designed to grow on the fagade 3) Louvers 4) Expanded metal panels 5) Decorative metal grills or artwork 6) Spandrel (opaque) glass 7) An element, as approved by the City, which meets the intent of this section. C. Lighting fixtures within garages should be screened from view from the street. D. In order to provide a safer environment, parking structure illumination should be designed to a maximum uniformity ratio (proportion of average to minimum illumination) of 4: 1, - Page 31 S. SCREENING ROOFTOP EQITII'MENT intent: screen rooftop mechanical and communka Ons equipment om the ground level of nearby streets and residential �' areas A. Mechanical equipment shall be screened by an extended parapet wall or• other roof forms that are integrated with the architecture of the building. B. Fainting of equipment and erecting fences are not acceptable methods of screening, although a screen wall is acceptable and it must be incorporated into the architectural design of the structure. C. The installation of wireless Access points by the City is permitted however thought should begiven to location to minimize the visual impact of equipment if extended vertically from the roof. 1. OA 1016/08 �. r' 1 ��,y • . •` it Sign Design. W77 - SYN Intent; preserve the unique character of the doK A. Retain existing historic signs (as determined by th the character of the area, wherever possible. INTEGRATION WI TR ARCMTECT[JRE intent: ensure that signage is a a e f the overall design of a project and not additive or an part o afterthought ` A. The design plans for buildings and sites shall identify locations and sizes 'for future signs. As tenants install signs, such signs shall be in conformance with an overall sign prograrn that allows for advertising ' in which fits with the arch'tectural character, proportions, and details of the development. The sign program shall indicate . location, size, and general design. - Page 32w I B. New signs should not project above the roof, parapet or exterior wall unless part of an integral architectural feature. Signs mounted on a roof are not allowed. 3, CREATIVITY .Intent: encourage interesting, creative and unique approac, to the design of signage A. Signs should be highly graphic in form, expressive and individualized. Signs should convey the product or service offered the business in a bold, graphic form B. If a projecting sign is designed by a graphic design professiona and includes a non-verbal, three -d mensional symbol that succi conveys the nature of the business and constitutes a dominant proportion of the overall design; the sign may be allowed to exceed the maximum area otherwise allowed by 50%. 4. GROUND SIGNS .Intent., ensure that sighs are notprincipally oriented to automobile traffic A. All freestanding signs shall be ground (monument) signs no higher than five (5)'feet. B. The area around the base of any ground sign shall be planted with shrubs and seasonal flowers. C. Internally -lit signs are prohibited except when located adjacent and oriented to Auburn Way NorthlAubuin way South street frontages and only with electronic message center signs in accordance with Auburn City Code Chapter 18.56 Signs. If an internally lit sign is utilized, the sign shall also conform to all other applicable standards for changing message center signs as described in this same chapter. -- Page 33 - 10/6108 Event Advertising ADDITIONAL GUIDELINES D��ELO�'iVIENTADJACE�Tl'TO PEDESTRIA�S'I'REE?S-. . AZ1BU�2N�TT�NC7I0N Site Destagn. r PEDESTRIAN ST -BEETS (Fxhihit A) 1. LMTATIONS ON DRMWAYS intent: maintain a condnuous sidewalk by Minimizing driveway access - . d Division Street unless access dram no other sheet is , A. Curb cuts are prol�ubited on Maw Street an permitted) however limited to the fewest access available. Curb cuts on other Pedestrian I Streets is pe � . points. 2. LOCATION OF PARKING Intent: reduce the visual impact of parking and enhance the pedestrian experience . A. Parking shall be located under or behind buildings or within structures. 'tied between the building front and the right-Of- -B, ight-o£ -B , on Pedestrian I Streets, surface parking is not permx way. GH LANES ])RM -THROUGH 3. LOCATION OF . intent: preserve a safe and comfortable pedestrian experience A. Drive-through lanes are not allowed between the building. and the public right-of-way on Pedestrian I Streets. Page 34 - ADDITjONAL G UI➢ELIN�S DEt�ELOPMENT AT.�JACE�U l' TO PEDESTRIAN S"T'REETS A UB URYJLTMCT1011i h� 1. LAND USE Intent: ensure a rich, uninterrupted mixture o lively activities aimed at pedestrians A. Along Pedestrian l Streets, ground floor uses ti face the sidewalk shall be retail, restaurant or pers,03 service uses. R 0 1016108 PROXIMITY TO SIDEWALK Intent: reinforce an active pedestrian, exile along Pedestrian Streets A. Buildings along Pedestrian Streets shall be immediately at the back . of the sidewalk, with d providing open space for publicuse such as pla and seating areas. B. Control of water run-off from canopieslaw! encouraged. GROUND LEVEL TRANSPARENCY Intent: provide a visual connection between activities inside and outside of Buildings A. Along Pedestrian I Streets, a minimum of 70% of any ground floor facade (between two (2) feet and 12 feet above grade) facing a street or public space shall be comprised of clear, ",vision" glass. B. Along Pedestrian It Streets, a minimum of 60% of any ground floor facade (between two (2) feet and 12 feet above -Page 35 - grade) facing a street or public space shalt be comprised of -clear, "vision" glass. C. along Main street, doors and windows should reflect the historic Main Street rhythm of 25 -foot wide storefronts. 4. WEATHER PROTECTION Intent: provide pedestrians with proteetionfrom the weather A. Canopies and awnings shall be provided along all facades that are adjacent to Pedestrian Streets. B. The minunum depth of any canopy or awning shall be four (4) feet. The vertical dimension between the underside of the canopy orawning and the sidewalk shall be at least eight (S) feet and no more than 12 feet. C. Canopies and awnings shall be of shed or marquee style, except that bowed awnings may be used over arched windows. "Bubble" awnings and backlit awnings with translucent materials are not permitted. D, i)Lleather protection can be combined with the method used to achieve visual prommence at entrances. E. if constructing covered walkways, then the height may exceed 12 fect. - Page -36 - 10/6/08 1. r {� F 1��3r � i,3 LTi 3r L'iL�L PmEArr i- �� To FEDEs � � - 9, . D12101 V f A U URRY. JUNCTION _ r PEDESTRIAN ORIENTATION .Intent: provide signs that activate ani the pedestrian realm A. Signs shah be primarily oriented to pi than people in vehicles. The following ar encouraged along Pedestrian Streets: l) Blade signs (projecting over sid 2) Window signs (painted on glass glass) 3) Logo signs (symbols, shapes) 4) Wall signs over entrance. B. Pole signs and monument or ground permitted on Pedestrian Streets. C. Signs shall be evaluated with respect relationship to other signs, function, iota - Page 37 - 1016108 OF W= IMP till Of I A n i. 14 t i fft 09 Ktl Tw :=Ara lot - PF .'W!X jt K9 UZI -14 gar IrA ikm,** L In , - - Ig ­ .-AIR40.211 _J" 4xi wim_?�c v - - w L %WA WWI BAN' AWmW a 5f .VH®RI&O�. fto, B_w- AN ISO; krA Eke amma4IBM iuo. 90 Boa AOW -4' PAF xv. owe EXHIEB11 44 G)'y Development Schedule Phase 1— September 2011 Phase 2 - September 2012 Phase' 3 -- September 2013 Phase 4 --- September 2014 MPage 39- 10/6/0$