HomeMy WebLinkAbout10-10-2011 Agenda Packet Municipal Services Committee October 10, 2011 - 3:00 PM City Hall Conference Room 3 AGENDA I. CALL TO ORDER A. Roll Call B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. Municipal Services Minutes 9/26/11 Meeting* III. DISCUSSION ITEMS A. Auburn Gateway Project - Draft Development Agreement* (Snyder) Review and discussion of draft Development Agreemen t (DA) for Auburn Gateway Project proposed by Robertson Properties Group. B. Auburn Gateway Project - Draft Planned Ordinance* (Snyder) Review and discussion of draft Planned Action Ordin ance (PAO) for Auburn Gateway Project proposed by Robertson Properties Gr oup. C. Solid Waste - Tipping Fees* (Coleman) D. Speed Limit - Alleyways* (Heid) E. Matrix* IV. ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov ), and via e-mail. Complete agenda packets are avai lable for review at the City Clerk's Office. *Denotes attachments included in the agenda packet.
AGENDA BILL APPROVAL FORM Agenda Subject: Municipal Services Minutes 9/26/11 Meeting Date: September 28, 2011 Department: Police Attachments: Muni Minutes 9 -26 -11 Budget Impact: $0 Administrative Recommendation:Background Summary:Info only Reviewed by Council Committees:Councilmember:Staff:Meeting Date:October 10, 2011 Item Number:CA.0 AUBURN * MORE THAN YOU IMAGINED CA.0
Municipal Services Committee September 26, 2011 - 3:00 PM City Hall Conference Room 3 MINUTES I. CALL TO ORDER A. Roll Call Chair Peloza called the meeting to order at 3:00 p.m. in Conference Room 3 on the second floor of City Hall, 25 West Main Street, Auburn WA. Members present : Chair Bill Peloza, Vice Chair Sue Singer. Members excused absence : Member John Partridge. Staff present : Mayor Pete Lewis, Chief of Police Bob Lee, Finance Director Shelley C oleman, Parks & Recreation Director Daryl Faber, Arts Coordinator Maija McKnight and Police S ecretary/Scribe Kathy Emmert. Others present : citizen Wayne Osborne. B. Announcements There were no announcements. C. Agenda Modifications There were no Agenda Modifications. II. CONSENT AGENDA A. Municipal Services Minutes - September 12, 2011 (L ee) Vice Chair Singer moved to accept the Consent Agend a. Chair Peloza concurred. MOTION CARRIED: 2-0 III. DISCUSSION ITEMS A. Poet Laureate Honorary Position (Faber) Seeking to establish a Poet Laureate Position that recognizes and honors a citizen poet of exceptional talent and accomplishme nt. The Poet Laureate also encourages appreciation of poetry and literary life in Auburn. Once a Poet Laureate program and nomination process is est ablished the Auburn Arts Commission will forward a recommendation to th e Mayor for final selection and appointment.The term of service for t he next Poet Laureate will be three years, beginning in the January of 20 12. The award is honorific. There is no financial compensation for t he position. Documents attached are the proposed application process. Arts Coordinator Maiju McKnight presented the propo sed Poet Laureate position pointing out that the City has an active and vibrant support for the visual and performing arts and this position would provide similar support for the literary arts. The Committee made some suggested changes in the Page 1 of 2 CA.0
Guidelines/Checklist and Nomination form. The Comm ittee expressed its support for the implementation of this position. B. Solid Waste Contract Effective October 1, 2011 (Co leman) Finance Director Coleman provided the Committee wit h an update of the services within Auburn which will change effective October 1, 2011. Also briefed by staff on a topic related to services in the Pierce County area of the city (received corres pondence from Waste Connections late in the day) and a utility water leak at a mobile home comp lex - Auburn Manor- on "A" Street that needs to be addressed. C. Golf Course Working Capital Review (Coleman) Finance Director Coleman and Parks & Recreation Dir ector Faber presented the latest financial assessment of the Auburn Golf Course. Revenues wer e up in August with the improvement of the weather. The Committee will continue to monitor th is enterprise unit. Consultant, National Golf Foundation (NGF) will visit the Auburn Golf Course operation next week. NGF will evaluate golf course operations/finances and provide recommendati ons. D. Matrix The Matrix is amended as follows: Item 20P - Animal Control and Rescue - Status langu age deletes the language "The newly formed Animal Control Task Force will update the Committee ". Language to be inserted is "On 9/19/11 Council approved Resolution No. 4747 for Professio nal Services Agreement. (Animal Shelter and Service beginning January 1, 2012 with actual opera tions beginning January 1, 2013.)" Item 29P - Review date is now October 24, 2011 IV. ADJOURNMENT The meeting adjourned at 3:50 p.m. Next Municipal Services Committee meeting is Octobe r 10, 2011 at 3 p.m. Signed this ____ day of October, 2011. _________________________________ _______________________________ Bill Peloza, Chair Kathy Emmert, Police Secretary/Scribe Page 2 of 2 CA.0
AGENDA BILL APPROVAL FORM Agenda Subject: Auburn Gateway Project - Draft Development Agreemen t Date: October 3, 2011 Department: Planning and Development Attachments: Auburn Gateway Project - DA Memorandum Summary of the purpose and content of DA Draft Development Agreement Attachment 1 - Legal Description Attachment 2 - Project Site Plan Repealed City Code section 14.21 Matrix of flexibility and benefits of the project Draft Auburn Gateway Architectural and Site Design Standards Budget Impact: $0 Administrative Recommendation:Committee provide recommendations and feedback, for discussion only.Background Summary:See memorandum attached. Reviewed by Council Committees:Planning And Community Development Councilmember:Peloza Staff:Snyder Meeting Date:October 10, 2011 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINED DI.A
Memorandum To: Councilmember Bill Peloza, Chair, Municipal Servic es Committee Councilmember, Sue Singer, Vice- Chair, Municipal S ervices Committee Councilmember John Partridge, Member, Municipal Se rvices Committee From: Jeff Dixon, Principal Planner CC: Kevin Snyder, AICP, Planning and Development Director Dennis Selle, P.E., City Engineer Steven Gross, Assistant City Attorney Date: October 3, 2011 Re: DISCUSSION AND INFORMATION: Draft Development Agreement between City and Auburn Properties (a.k.a. Robertson Properties Group) Draft Planned Action Ordinance ---------------------------------------------------------------------------------------------------------------------------- Background For the last several years, the City of Auburn has been negotiating with Robertson Properties Group (RPG) on future development of approximately 70 acres located east of Auburn Way North, west of the extension of I ST NE, south of S 277th ST, and North of 45th ST NE consisting of the Valley 6 Drive-In Theater site an d surrounding properties owned by Robertson Properties Group (RPG) and hereafter refe rred to as the Auburn Gateway Project (Exhibit 1). The efforts around these negotiations have included the preparation of Environmental Impact Statement (EIS) documentation, amendments to the City’s Comprehensive Plan and Zoning Code to authorize and apply the Mixed Use Commercial Zone (C-4), preparation of a draft Development Agre ement and preparation of a draft Planned Action Ordinance. Related to the overall processing, in August 2011, the City Council approved Ordinance No. 6371 that authorized a four-month continued conditi onal effectiveness of the Comprehensive Plan and C-4 zoning to the Auburn Gateway Project. The comprehensive plan and zoning designations applied to the Auburn Gateway Project are conditioned upon the successful execution of a development agreement between the Ci ty and Robertson Properties Group. The designations do not become permanent until the City Council approves a development agreement. Planning and Development, Public Works and Legal De partment staff has been actively working with Robertson Properties Group to complete required studies, negotiations and documentation in order to provide the City Council with substantive policy making opportunities that would facilitate the phased deve lopment of the Auburn Gateway Project. DI.A
At the PCD committee’s July 18, 2011 regular meetin g staff provided an orientation to the scope of the project and the future policy document s for the city council’s future action. The materials consisted of: 1. Cover memo 2. Site map & vicinity 3. Summary of the purpose and contents of the draft development agreement (DA) 4. Summary of the purpose and contents of the plann ed action ordinance (PAO) 5. Comprehensive plan map showing location of the N ortheast Auburn Special Area 6. Process flow chart 7. Draft city council policy review and action sche dule At the August 8, 2011 Municipal Services Committee meeting staff has provided a briefing related to the overall processing and the City Coun cil approval of Ordinance No. 6371 that authorized a four-month continued conditional effec tiveness of the Comprehensive Plan and C-4 zoning to the Auburn Gateway Project. Also, it was discussed by the Public Works Committee on August 15, 2011. At the August 29, 2011 Committee of the Whole (COW) meeting, staff provided a presentation going to further detail and explanatio n of the future council policy review actions. These materials consisted of: 1. Cover memo 2. Power point presentation 3. Key elements chart - PAO, DA, Special Area Plan & EIS addendum 4. Site map & vicinity over aerial photo 5. Summary of the purpose and contents of the draft development agreement (DA) 6. Summary of the purpose and contents of the plann ed action ordinance (PAO) 7. Matrix of flexibility and benefits (related to t he criteria required for approval of the development agreement under repealed city code sect ion 14.21) 8. Process flow chart Draft Development Agreement Staff from the Planning and Development, Public Wor ks and Legal Departments has been working with RPG to negotiate the elements of the d evelopment agreement. A key element of the development agreement will be the incorporat ion of architectural and site design standards for the Auburn Gateway Project to help re alize a higher aesthetic quality of development. A draft of the development agreement h as been prepared and is being presented to the Planning and Community Development Committee and ultimately other Council Committees for review and discussion. In general, the city’s code section provides a deve lopment agreement can authorize greater flexibility in the existing city standards in excha nge for development to be of significantly higher quality, generating more public benefit, and be a more sensitive proposal than would have been the case of a more typical development. Auburn City Code 14.21.010.B (Nonresidential or Mix ed Use Projects) which is applicable to this project specifies that the City may consider a development agreement for a nonresidential or mixed use project in areas design ated for office, commercial, industrial or institutional use in the comprehensive plan, or in a designated special plan area. In its evaluation of a proposal, the City shall consider w hether a proposal will meet the following criteria: DI.A
1. Provide development that is consistent with the goals and policies of the comprehensive plan; 2. Provide efficient and effective use of land, ope n space and public facilities that result in a higher quality of development than is required by the standards of the applicable zone; 3. Provide building and site design that complement surrounding land uses and their environment; and, 4. Provide for superior protection of critical area s. To facilitate review and discussion of the draft de velopment agreement, the following related documents are provided: 1. Summary of the purpose and contents of the draft development agreement (DA) 2. Draft Development Agreement (DA) a. Attachment 1 - Legal Description b. Attachment 2 - Project Site Plan c. Attachment 3 - Draft and Final Environmental Imp act Statements (EIS) and EIS Addenda (to be provided later after meeting) d. Attachment 4 – Listing of Development Regulations (to be provided later after meeting – These are excerpts of current city code t o which the project would be vested.) 3. Repealed city code section 14.21 related to the city’s process and criteria for development agreements 4. Matrix of flexibility and benefits of the Auburn Gateway Project (related to the criteria for approval of development agreements from repeale d ACC 14.21) 5. Draft Auburn Gateway Architectural and Site Design Standards document (To be provided for the meeting but under separate cover) Draft Planned Action Ordinance (PAO) Staff from the Planning and Development, Public Wor ks and Legal Departments has been working with RPG to develop a draft of the planned action ordinance (PAO). A key element of the PAO will be the mitigation measures. With t he imminent completion of the EIS addendum, staff will propose that the mitigation me asures identified in the 2004 EIS and as updated by the 2011 EIS addendum that are needed to reduce or avoid probable and significant adverse project impacts be applied to t he project by the City Council’s adoption of a PAO. The PAO as drafted will incorporate current provisions of state law to authorize PAO’s and will create a new chapter in the City’s Z oning Code specifying the “thresholds” for what projects are eligible for designation as a pla nned action and thus expedited environmental review process. To facilitate review and discussion of the draft Pl anned Action Ordinance, the following documents are provided: 1. Summary of the purpose and contents of the plann ed action ordinance (PAO) 2. Draft Planned Action Ordinance a. Exhibit 1- Planned Action Mitigation Measures DI.A
Summary of a Development Agreement 9-21-11 Page 1 of 2 Summary of a Development Agreement Development Agreements: A development agreement is a contract between a local jurisdiction and a property owner within the jurisdiction. The purpose of the agr eement is to specify the standards and conditions that will govern development of the p roperty. The development agreement provides assurance to the developer that he/she may proceed to develop the project subject to the rules and regulations in eff ect at the time of approval - the development will not be subject to subsequent changes in regulations. Development agreements should also benefit the local jurisdiction. The jurisdiction may include conditions (mitigation measures) that must be met to a ssure that a project at a specific location does not have unacceptable impacts on neighbori ng properties or community infrastructure. The agreement may clarify how the pro ject will be phased, the required timing of public improvements, the developer's contribu tion toward funding system-wide community improvements, and other conditions. The agree ment can also facilitate enforcement of requirements, since it is a contract that details the obligations of the developer and the local jurisdiction. Development Agreements as Applied in Auburn: The Local Project Review Act (Ch. 36.70B, RCW), enacted by the Washington State Legislature in 1995, provides specific authority and dir ection for development agreements. These agreements are voluntary, but once ma de, they are binding on the parties and their successors. Development standards include permitted uses, densities, impact fees, and mitigation measures. Local jurisdictions must hold a public hearing prior to approving a development agreement and may only impose impact fees, dedications, mitigation measures, and standards as authori zed by other laws. Former Auburn City Code Chapter 14.21 previously set out the City’s requirements for development agreements. Chapter 14.21 was repealed by the Auburn City Council with the passage of Ordinance No. 6187 in October 2008). Und er Washington State’s vesting statue and upheld by the courts in multiple dif ferent cases, development projects may be “vested” under the provisions of adopte d municipal code repealed through legislative ordinance action if it can be dete rmined that a legally valid development application or action was submitted by a pa rty prior to the repeal or change in the adopted municipal code. Robertson Properties Group (RPG) applied for a development agreement before the effectiveness of Ordi nance No. 6187. The City with input and direction from the City Attorney’s Office h as previously made the determination that the RPG project is vested under the provisions of Chapter 14.21 and may seek City Council approval of a development agreem ent under the procedures specified in Chapter 14.21 provided it can demonstrate compliance to all applicable standards and procedures of this Chapter. DI.A
Summary of a Development Agreement 9-21-11 Page 2 of 2 Key Elements of Chapter 14.21: Auburn City Code 14.21.010.A generally provides that a development agreement should allow greater flexibility in the existing stand ards of the existing zoning district. In exchange for this enhanced flexibility, the City will require a development to be of significantly higher quality, generate more public ben efit, and be a more sensitive proposal than would have been the case with the use o f standard zoning or subdivision procedures. Auburn City Code 14.21.010.B (Nonresidential or Mixe d Use Projects) specifies that the city may consider a development agreement for a nonresi dential or mixed use project in areas designated for office, commercial, industrial or i nstitutional use in the comprehensive plan, or in a designated special plan area . In its evaluation of a proposal, the City shall consider whether a proposal w ill: 1. Provide development that is consistent with the goa ls and policies of the comprehensive plan; 2. Provide efficient and effective use of land, open sp ace and public facilities that result in a higher quality of development than is req uired by the standards of the applicable zone; 3. Provide building and site design that complement sur rounding land uses and their environment; and, 4. Provide for superior protection of critical areas. DI.A
Draft 10.05.11 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF AUBURN AND AUBURN PROPERTIES, INC. [Date ________________] DI.A
Development Agreement Page 1 of 21 Draft 10.05.11 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF AUBURN AND AUBURN PROPERTIES, INC., FOR DEVELOPMENT OF THE AUBURN GATEWAY PROJECT The CITY OF AUBURN (“City”) and AUBURN PROPERTIES, INC., a Washington corporation (“Developer”) enter into the following development ag reement (“Agreement”) to govern the development, use and mitigation of environmental impacts associated with the development of the Auburn Gateway Project (“Project”), throu gh construction of the buildings and related physical on- and off-site improvements. The Agreement is authorized by RCW 36.70B.170 through .210. It addresses Pro ject development standards, which are defined in the statute to include, for example, impact fees, mitigation, design standards, approach to phasing , review procedure s, vesting issues, and any other appropriate development requirements.1 The Agreement provides the City and Developer with certainty as to the type of Project that will be bui lt, and the type of mitigation that will be provided. The Project, when all development improvements are completed as contemplated for this project, will be consistent with current local regulatory requirements i n effect as of the date this Agreement is signed.2 The development standards in the Agreement will govern the Pro ject for the term of the Agreement unless amended or terminated.3 As authorized by state statute,4 the Agreement identifies, in part, the mitigation measures, developm ent conditions and other requirements under the State Environmental Policy Act (Chapter 43.21C RCW, “SEPA”) pursuant to the Northeast Auburn/Robertson Properties Final Envir onmental Impact Statements and addendums, supplements or modifications to the EIS documents for the Project. The Agreement shall only be approved and recorded with King County’s real property records after a public hearing before the Auburn City Council has been held.5 Approval of this Agreement by the Auburn City Council is a “land use decision” as defined in RCW 36.70C.020(2). As further described below, the Parties agree that certain provisions of this Agreement may only be appealed or challenged in accordance with the appeal procedures set forth in the Land Use Petition Act (“LUPA”) (Chapter 36.70C RCW). 1. Zoning/Land Use. This Agreement fulfills that portion of the obligation specifi ed in Section 13 of Ordinance No. 6183 (as amended), that non-conditional applicabi lity of the C-4, Mixed Use Commercial zoning designation shall only take effect upon the Part ies’ execution of a development agreement. Section 13 of Ordinance No. 6183 also requires adop tion of a Planned Action Ordinance. Additionally, the Parties agree to process an amendment t o change the zoning of any property owned by the Developer as of the date of exe cution of this Agreement and covered by the EIS and addendums, supplements or modifications to the E IS to C4, Mixed Use Commercial Zoning not later than one year after the date of this Agreement. 1 RCW 36.70B.170(3). 2 RCW 36.70B.170(1). 3 RCW 36.70B.180. 4 RCW 36.70B.170(3)(c). 5 RCW 36.70B.200; RCW 36.70B.190. DI.A
Development Agreement Page 2 of 21 Draft 10.05.11 2. Location. The Project consists of approximately 70 acres of land in t he northeast corner of the City, generally bordered by South 277th Street to the north, 45th Street NE to the south, Auburn Way North to the west, and Port of Seattle property (Tax Parcel No. 0004200006) to the east. Developer’s property is located within the Northeast Auburn Special Plan Area, an approximately 120-acre area established by the City of Auburn Comprehensive Plan in 1995 and as subsequently amended by Ordinance No. 6183. The property locat ion is legally described on Attachment 1 (“Subject Property”). Developer has a prope rty interest in the subject property. Additional properties may become part of this Agreement throug h the amendment process described in RCW 36.70B.170-210. In the event the Agreement is amended to i nclude additional properties, the terms of this Agreement shall appl y equally to those additional properties except as specified in the amendment(s). 3. Project Description. The Project involves the redevelopment of the Valley 6 Drive-i n Theater complex and adjacent properties owned or controlled by Developer. The redevelopment of the Property will include a mixture of office, retail and r esidential uses, provided that residential uses shall not be constructed on the first floor portions of buildings other than those ancillary interior uses needed to support residential uses on upper floors inc luding but not limited to lobbies, mechanical rooms, and elevators. The parties intend to provide the Developer with flexibility to reasonably respond to market conditions with limit ations mutually agreed to by both parties. In exchange for this flexibility, the City w ill receive a planned mixed use development consistent with applicable chapters of the adopted C ity of Auburn Comprehensive Plan including but not limited to the Northeast Auburn Special Are a Plan and the goals for this area set forth in this Agreement. The entire Project is more fully descri bed both in Attachment 2, which includes the Project Site Plan, and in the Northeast Auburn/Robertson Properties Final Environmental Impact Statement (EIS) and addendums, supplements or modifications to the EIS set forth as Attachment 3 to this Agreement. The City and Deve loper recognize that economic market conditions may cause the mix of land uses to differ slightl y from the specific alternatives analyzed in the EIS. The land use mixture is proposed to remain consistent wi th the scope of land uses analyzed in the 2004 Northeast Auburn/Robertson Property’s Environmental Impact Statement. Mitigation will be related and roughly proportional to the impacts created by RPG development-generated traffic volumes. 4. Term of Agreement and Vesting. The term of the Agreement shall be for fifteen (15) years from the date of the last signature with three distinct vesting periods described herein. The legal requirements identified in the Agreement shall govern the Project as follows: (a) Development regulations pertaining to land use and zoning requiremen ts, such as permitted, conditional and prohibited uses and lot development standards but excluding building, engineering and environmental regulations shall be the C4, Mi xed Use Commercial Zoning District, as conditionally adopted by Ordinance No. 6183, June 16, 2008 and applied to all properties covered by this Agreement. Any a mendment to the C4, Mixed Use Commercial Zoning District subsequently approved b y the Auburn City Council shall not be applicable to the properties covered by t his Agreement. The C4, Mixed Use Commercial Zoning District in effect on the effe ctive date of this Agreement DI.A
Development Agreement Page 3 of 21 Draft 10.05.11 shall be applicable to the subject property for the entire fifteen (15) year term of the Agreement. The Architectural and Site Design Standards titled: “Auburn Gat eway Architectural and Site Design Standards” (“Architectural and Site Design Standar ds”) prepared by BRCA on [date] and proposed by the Developer and attached as Exhibit E are hereby adopted as part of this Agreement, and shall be vested for the term of the Agreement. Amendments to these Architectural and Design Standards proposed by the Devel oper shall be processed as provided for in Section 11 B of this Agreement . (b) Development Regulations, except those specified in Section 4(a), that are in effect for the entire term of the Agreement, in effect at the time of t he City’s receipt of the full and complete application for the initial development activities sha ll be applicable and govern development for the Initial Vesting Period (IVP), to the extent of the development activities included in said full and complete application. The IVP shall run from the effective date hereof and ending December 31 of the 5th year following the effective date hereof. (c) Following the IVP a Second Vesting Period (SVP) shall be estab lished for the 5 year period starting January 1 of the 6 th year and ending December 31 of the 10th year following the effective date hereof, for development activities s ubsequent to those covered by the IVP. (d) Following the SVP a Third Vesting Period (TVP) shall be esta blished for the 5 year period starting January 1 of the 11 th year and ending December 31 of the 15th year following the effective date hereof, for development activities s ubsequent to those covered by the SVP. At the beginning of each subsequent five-year vesting period, SVP and TVP, the development regulations in effect on December 31 of the last yea r of the prior vesting period shall replace the development regulation in effect prior thereto, Provided, that the development regulations specified in Section 4(a) that are in ef fect for the entire term of the Agreement shall not be replaced.. The Developer shall be responsible for re-recording the Development Agreement with the new regulations at tached at the beginning of each new vesting period. At the beginning of each su bsequent five-year vesting period, the development regulations in effect as of Dece mber 31 of the prior vesting period shall replace Exhibit F and this Agreement shal l automatically be amended with said regulations with the Developer’s re-recording of thi s agreement with the new regulations attached. It shall be the responsibility of the Developer to re-record this Agreement with the new regulations attached at the beginning of each five-year vesting period. Notwithstanding this vesting period, the property owner(s ) subject to this agreement may, if agreed to by the City, conform to new developme nt regulations that may from time to time be adopted by the city by providing the City with the applicable development regulations that apply under this Agreement or providing the City the with applicable development regulations the applicant elects to have applied to the application along with a sworn statement that the property owner shall be bound by the new DI.A
Development Agreement Page 4 of 21 Draft 10.05.11 regulations at the time of subsequent permit application. Fail ure to submit said regulations with an application shall result in a waiver by the property owner of any claim that the City applied the incorrect regulations and the C ity shall have the discretion to apply either the vested regulations or the current regulations. (e) Development regulations related to public health and safety i ssues, including but not limited to building codes, fire codes, mechanical codes, plumbing cod es, electrical codes and property maintenance codes shall vest upon the City’s acc eptance of a complete permit application for each specific permit as determined b y the City through its permit completeness determination process in accordance with Chapter 14.06 of the Aub urn City Code (“ACC”) in effect on the date the permit is submitted. (f) Any amendments or additions made to these legal requirements during the term of the Agreement shall not apply to or affect the development to the extent of previously received full and complete applications for development activit y of the Project, except as otherwise provided, or if other county, state or federal laws pree mpt the City’s authority to vest regulations. The City reserves the authority to impose ne w or different officially adopted regulations if, and to the extent required by, a serious t hreat to the public health and safety, as determined by the City.6 The City also reserves the authority to impose new or different officially adopted regulations, if federal or st ate laws change requiring new or different standards. Developer can appeal City’s deter mination, except for those standards required by state or federal laws, through the normal appe al processes for administrative decisions as provided for by ACC 14.13.010. (g) The parties specifically agree that right-of-way req uirements shall be vested for “footprint design” requirements as of the effective date of this Development Agreement, but “technical design” requirements shall be established as of the date of the complete permit application as determined by the City through its perm it completeness determination process in accordance with Chapter 14.06 of the Auburn C ity Code (“ACC”) in effect on the date the permit is submitted. (h) The vested rights established by this Agreement as applied to any particular project merge into the permit approval for that project and shall ter minate as provided for such permit by the applicable provision of the Auburn City Code. 5. Project Reporting and Coordination. In recognition of the large size, scale and complexity of the Project, market absorption factors and the overall term of the Agreement, the parties agree that phased construction and acceptance of public and pri vate streets, and public and private utilities and equipment may be needed. The Parties agree to t he following reporting and coordination schedule. Developer shall report to the City, at a minimum, on January 15 and June 15 of each ye ar the Agreement is in effect. Once Developer begins construction of the infras tructure, the parties shall jointly determine a quarterly or monthly reporting schedule . 6 See RCW 36.70B.170(4). DI.A
Development Agreement Page 5 of 21 Draft 10.05.11 Reports shall include, but not be limited to, the following areas: Status of leases; Construction updates (rights-of-way (ROW), utility infrastructure, and b uildings percentage completed and construction remaining); Non-City Permit/approval status, including Department of Ecology, Army Cor ps of Engineers, NOAA-Fisheries Reports shall be written. If the written reports contain information that D eveloper considers to be proprietary business information as that term is used in Washington’s Pub lic Records Act, RCW 42.56.270, it shall clearly mark those portions of the report that Developer considers to be exempt from disclosure. The City agrees that, if it receives a public records request for documents that Developer has marked as proprietary business informat ion, it will assert the exemption, and notify the Developer of the request. The Developer may seek a cour t order to prevent disclosure as provided for in RCW 42.56.540. If a requestor files an action in c ourt seeking release of these documents, Developer agrees to be in interple aded into that action, to defend its designation of those documents as proprietary, and, provided the City has timely notified Developer of the request and the City’s response, to indemnify and hold the Cit y harmless from any fines or penalties for non-disclosure of documents the Deve loper has marked as proprietary. Developer also agrees to attend, or to send a representative familiar wi th the Project and this Agreement to attend, Council committee meetings or full Council meetings when reque sted to report on the Project status at least annually. 6. Project Approvals. The City shall accept for processing, review and action all complete applications and submissions for Project Approvals as determined by the Ci ty through its permit completeness determination process in accordance with Chapter 14.06 of the Aubur n City Code (“ACC”) in effect on the date the permit is submitted. Any agreement by the City to cooperate does not in any way o bligate the City with respect to usual and customary City permit processing, code compliance a nd other regulatory reviews as they may relate to the Developer or the Developer's requir ements hereunder. The outcome of any regulatory review or action undertaken by the City involving the Developer will be independent of and in no way biased, prejudiced, or predetermined i n any way by this Agreement. Nothing in this Agreement is intended or shall be constr ued to require that the City exercise its discretionary authority under its regulatory ordinanc es in a manner favorable to the Developer. 7. Flood Storage Capacity. The City and Developer acknowledge that under this agreement there will be a need for off-site flood storage capa city for the Project. The parties acknowledge that the City is not legally obligated to provide off -site storage capacity, but if off-site flood storage capacity is not available, the Project might not go for ward. The City agrees that it will seek a clarifying agreement with the Port of Seat tle (“Port”) regarding the City’s right to use or commit the use of flood storage capacity with the construct ed wetland mitigation property owned by the Port that is located in the Planning Area for the Pr oject. If the City has the right to DI.A
Development Agreement Page 6 of 21 Draft 10.05.11 use or commit the use of this property for compensatory flood stora ge, the Parties agree that the City shall make a mutually agreed amount of cubic feet of s torage capacity available to the Developer for Developer’s on-site compensatory flood storage re quirements and an additional compensatory flood storage volume as needed to accommodate the Devel oper’s public transportation and storm drainage improvements, provided that City’s Mayor and the Developer negotiate full and sufficient consideration for Developer’s use of the flood storage capacity. The City and Developer agree that this amount will be establishe d following the conclusion of technical analysis by the Port and City that establishes t he total amount of cubic feet of compensatory flood storage. The Developer acknowledges that the Ci ty may elect to reserve a portion of this capacity for municipal purposes and needs. The Cit y shall convey the right to use the property to the Developer by means of an easement or other simila r document as agreed to by the Parties. Developer agrees that it will submit a Letter of Map Revision (“LOMR”) to the Federal Emergency Management Agency (FEMA) that addresses to the reviewing agency’s standards the placement of fill and affect on the floodplain. The City agree s to provide concurrence in Developer’s LOMR process as provided for in Chapter 15.68 ACC. 8. Design and Construction. The parties agree that as a material consideration for the C ity’s entry into this Agreement, the Developer will design and construct the Project in accordance with the Auburn Gateway Architectural and Site Design Standards adopted as part of this Agreement. Additionally, notwithstanding the permitted uses in the C-4, Mixed Use Commerci al Zoning District, the Developer agrees that the layout and uses of the Project shall adhere to the fol lowing guidelines: Multiple Family Residential uses shall only occur in a verti cal mixed-use development; other than common areas, parking, and access, multiple family residential uses shall not be on the ground floor of any building; The Project shall contain more full service, sit down resta urants than “fast food” restaurants including drive-thru type restaurants; Gas stations and automobile repair service and parts busines ses shall only be constructed as a department of a larger retail operation. 9. Transportation/Utility/Infrastructure Improvements. The City and Developer acknowledge that under this Agreement there will remain a “gap” in the funding of infrastructure improvements that the City is not obligated to fill but without which the Project might not go forward. The Parties agree that Developer’s requirement t o construct infrastructure is limited to improvements required by City code and/or mitigation measures sp ecified in the Planned Action Ordinance. Both Parties recognize that there are benefits fr om these improvements to the public that extend beyond the Developer’s obligations. Therefore, the P arties agree that they will work cooperatively to resolve issues related to infrastructure fundi ng. The Parties recognize that the Developer’s obligations will be proportionate to the scale and impact of the development. The Parties agree that, for purposes of this section, that the provis ion of payments and credits for DI.A
Development Agreement Page 7 of 21 Draft 10.05.11 infrastructure improvements is governed by state law and applic able City code. Both the City and Developer will make their best efforts to assist ea ch other as well as consider all other options in filling that “gap” as improvements become necessa ry. While a number of Transportation and Utility Improvements in and around the proposed Pr oject are needed to be made concurrent with initial construction of the Project, the Part ies agree that the infrastructure construction may be done in multiple increments. If the Developer constructs these needed improvements the City will, in accordance with City code and sta te law, provide the following payments and credits: Transportation Improvements: (a) Transportation Impact Fee Credit –The City has determined through its comprehensive transportation planning and transportation impact program development that certain infrastructure projects create capacity in the City ’s public street system and as such will remain included in the City’s list of eligible projects for traf fic impact fee credits (Transportation Impact Fee Program List). As such, the City will provide a credit for transportation fees attributable to the Project in conformance with Cha pter 19.04. (b) The City will also reimburse RPG from other such mitig ation fees it has or may collect for other developments in the area towards public st reet improvements that overlap with RPG’s required improvements, provided those funds have not expired and are available The Parties acknowledge that the City’s authorit y to expend available mitigation money will begin to expire beginning on November 13, 2013 and t hat if the Parties have not agreed on a method guaranteeing the expenditure of the money in advance of this and subsequent expiration dates, the City shall have the sole authority to expend that money in accordance with applicable law. It is al so acknowledged by the Parties that any such agreement shall be made a minimum of 24 months in advance of each associated expiration date to allow the City adequate tim e to expend the money before the required expiration dates. (c) Grants. The City will consider placing a higher priori ty on the I Street NE project in the City’s Capital Facilities Plan and its Transportation I mprovement Program. The City will at its sole discretion, apply for and seek state and fede ral grants for eligible Transportation improvements within the Northeast Auburn Special P lan Area in accordance with the City’s Comprehensive Transportation Plan and S ix-Year Transportation Improvement Program. The Developer agrees to pa rtner with the City in such efforts, including financially participating in an amount not to exceed the Developer’s proportional share of the improvement. If the Cit y is successful obtaining any such grants, the City will make a good faith effort to desig n and construct such improvements in coordination with the phasing project milestones s et out in this Agreement. (d) Street Payback Agreement. Developer may apply to the City for a St reet Payback Agreement in accordance with Chapter 12.70 of the Auburn City Code. Utilities Improvements: DI.A
Development Agreement Page 8 of 21 Draft 10.05.11 (e) Utility Payback Agreements – The City may enter into Ut ility Payback Agreements as set forth in ACC 13.40.060 in order to obtain reimbursement on behalf of the Developer for applicable Project-related public Utility Improvement s (water, sanitary sewer, and storm drainage) benefiting other new development consistent with the Auburn City Code in effect at the time the applicable permit is issued. (f) Utility System Development Charge Credit – The City will credit utility System Development Charges attributable to the Project to the extent the Developer over sizes public Utility Improvements (water, sanitary sewer, and st orm drainage) consistent with Auburn City Code at the time the applicable permit is issued. (g) The City will reimburse the Developer from other availab le mitigation funds collected by the City from the Port of Seattle as prescribed in the City’s agreement with the Port (Attachment 4) for applicable public water, sanitary sew er, and storm drainage improvements installed by the Developer, provided those funds have not expired and are available. The Parties acknowledge that the City’s authority to expend available mitigation money will begin to expire beginning on _November 13, 2013, and that if the Parties have not agreed on a method guaranteeing the expenditure of the money in advance of this and subsequent expiration dates, the City shall ha ve the sole authority to expend that money in accordance with applicable law. It is al so acknowledge by the Parties that any such agreement shall be made a minimum of 24 months in advance of each associated expiration date to allow the City adequate tim e to expend the money before the required expiration dates. 10. Adequacy of Project Mitigation Under SEPA. The Project has been subject to detailed environmental review. The City issued a Determination of Signifi cance and a Final Northeast Auburn/Robertson Properties Environmental Impact Statement (E IS). The EIS sets forth numerous Project conditions in a variety of environmental areas. The City Council has reviewed the SEPA record and the EIS, and agrees to enter findings stat ing that, when all improvements are completed as contemplated for this Project, the Project in its entirety (inclusive of all properties within the Project Area for the EIS as approved, i ncluding addenda or supplements to the EIS) will be adequately mitigated under SEPA with the imp lementation of this Agreement and other project approvals including Comprehensive Plan map and text changes, zoning code map and text changes and adoption of a special area plan and pl anned action ordinance. The mitigation that is imposed under SEPA, through the City’s SEPA regulations, is listed in the City’s EIS, a copy of which is included as Attachment 3 to this Agreement. Subject to requirements contained in a Planned Action Ordinance, no further SEPA mi tigation will be required by the City for any Project qualifying as a Planne d Action, subject to a major modification as provided below in Paragraph 11, unless such further mi tigation is required by federal or state law or regulation, or is determined by the Ci ty in its sole discretion to be necessary to prevent a serious threat to public health and safety. 11. Modifications. The Project will be subject to building, land use, environmental and engineering reviews and approvals. The final design of the bui ldings and other improvements, DI.A
Development Agreement Page 9 of 21 Draft 10.05.11 precise location of building footprints, location of utilities, de termination of access points, and other design issues will be determined during that process and are part of this Agreement. A. Deviations from the adopted document: ‘Auburn Gateway Architec tural and Site Design Standards’. The Planning Director or the Director’s Designee ha s the authority to vary from these standards on a specific limited instance and non-routine basis if the variation provides equivalent design or approximate dimensions, or if here are unique bui lding or site design considerations that, in the Director’s determination, warrant a deviation. B. Amendments to the adopted document: ‘Auburn Gateway Architectura l and Site Design Standards’. If the Developer wishes to amend any of the adopted ‘Auburn Gateway Architectural and Site Design Standards’, the Developer shall submit the proposed changes to the Planning Director, who shall forward them with a recommendation to the City Council’s Planning and Development Committee who shall have the authority to approve, approve with modifications or deny the requested design standard amendment(s). An “amendment” is a change to the standards that changes the area-wide and routine intent or effe ct of the standards. C. Modifications to the Development Agreement. Changes to the Development Agreement that are determined by t he Director of Planning and Development to constitute a major change shall be referred to the City of Auburn Hearing Examiner for a public hearing. The Hearing Examiner is aut horized by the Auburn City Council pursuant to RCW 36.70B.200 to review and decide on amendments to the Developm ent Agreement. The Hearing Examiner shall only review the request ed modification and shall rely on applicable regulations and standards identified through this Agreement for his or her decision-making. For purposes of this Agreement only, a modification to the D evelopment Agreement shall be those actions that are deemed by the Planning and Devel opment Director or City Engineer, as appropriate, to be major modifications including, but not limit ed to, the following: (a) A proposed change in land use; (b) Cumulative exceedance of the vehicle trip volumes or changes t o trip distribution patterns estimated for the project by the Northeast Auburn/Robertson Properties Special Planning Area Draft and Final EIS and addendums, supplements or m odifications to the EIS documents. (c) A proposed change to any of the development criteri a applicable to the Project as set out in this Agreement, except for minor deviations that are consiste nt with the current City regulations in effect at the time of this Agreement or subsequent ves ting period; (d) Change in density or intensity of use; (e) Change in “physical” environmental impact (going from no impact t o some impact); and DI.A
Development Agreement Page 10 of 21 Draft 10.05.11 (f) Substantive changes to utility capacity, service demand, or design. D. Changes to the term, the parties to the Agreement or the vesting periods in the Agreement, must be approved by the City Council. 12. Recording; Assignment. The Agreement shall be recorded with the Real Property Records Division of the King County Records and Elections Departme nt. The Agreement shall bind and inure to the benefit of the parties and their successors in interest. Developer may only assign this Agreement with the City’s written consent. Upon as signment and assumption of all obligations under the Agreement by the assignee, Developer shal l be released from all Agreement obligations that occur after the effective date of the ass ignment. 13. Dispute Resolution. In the event of a dispute regarding the interpretation of this Agreement, where there is not already a procedure provided for in the Agreement, staff from each party will attempt to resolve the dispute. If the Parties cannot resolve the dispute, either Party may request m ediation. The Parties will agree on a mediator. If Parties cannot agr ee on a mediator within 10 days of either party requesting mediation, each Party will choose a me diator, and the two mediators will choose a third to mediate the dispute. If mediation fails, this mat ter shall be heard in the Superior Court of King County, Washington. 14. Default. (a) Subject to extensions of time by mutual consent in writing, f ailure or delay by either party to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of t his Agreement, the Party alleging such default or breach shall give the other Party not less than thirty (30) days notice in writing, specifying the nature of the alleged default and the manner in which said default may be cured. During this thirty (30) day period, the P arty charged shall not be considered in default for purposes of termination or institution of legal proce edings. (b) After notice and expiration of the thirty (30) day period, if such default has not been cured or is not being diligently cured in the manner set forth i n the notice, the other Party may, at its option, institute legal proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce the City’s Codes , and to obtain penalties and costs as provided in the Auburn City Code for violations of this Devel opment Agreement and the Code. 15 . Termination. This Agreement shall expire and/or terminate as provided below: (a) This Agreement shall expire and be of no further force a nd effect if the Developer does not construct the Project as contemplated by the permits a nd approvals identified in DI.A
Development Agreement Page 11 of 21 Draft 10.05.11 this Agreement, or submits applications for development of the Property that are inconsistent with such permits and approvals. (b) This Agreement shall terminate upon the expiration of the t erm identified herein or when the Subject Property has been fully developed, which ever f irst occurs, and all of the Developer’s obligations in connection therewith are satisfie d as determined by the City. Upon termination of this Agreement, the City shall recor d a notice of such termination. This Agreement shall automatically terminate and be of no further force and effect as to any building and the lot or parcel upon which such bui lding is located, when it has been approved by the City for occupancy. 16. Effect upon Termination on Developer Obligations. Termination of this Agreement as to the Developer of the Subject Property or any portion ther eof shall not affect any of the Developer’s obligations to comply with the City Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or subdivision map or other land use entitlements approved with respect to the Subject Property, any other conditi ons of any other development specified in the Agreement to continue after the termination of t his Agreement or obligations to pay assessments, liens, fees or taxes. 17. Effects upon Termination on City. Upon any termination of this Agreement as to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the property affect ed by such termination (provided that vesting of such entitlements, conditions or fees may then be establ ished for such property pursuant to then existing planning and zoning laws). Notwithstanding te rmination of the Agreement before the end of the 15-year term of the Agreement, the City shall not initiate or approve any amendments to the land use and zoning requirements of t he C4, Mixed Use Commercial Zoning District as adopted in Ordinance No. 6183 until the end of the 15 th year after the effective date of the Agreement without Developer’s concurrence. 18. Reserved. 19. Administration of Agreement. This Agreement shall be administered by the authorized representative of the Developer, and by the Mayor of the City , or designee, on behalf of the City. Any written notices required by the terms of this Agreement s hall be served on or mailed to the following addresses: CITY OF AUBURN: Mayor City of Auburn 25 West Main Auburn, WA 98001-4998 (253) 931-3000 (253) 931-3053 – fax DEVELOPER: Robertson Properties Group 120 N. Robertson Blvd. Los Angeles, CA 90048 DI.A
Development Agreement Page 12 of 21 Draft 10.05.11 20. Notices. All notices or communications permitted or required to be given unde r this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mai ling by certified mail, return receipt requested and by regular mail and addressed, if to a p arty of this Agreement, to the address for the party set forth above, or if to a person not a pa rty to this Agreement, to the address designated by a party to this Agreement in the foregoin g manner. Any party may change his, her or its address by giving notice in writing, stating his, her or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement . 21. Parties in Interest. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties he reto and their respective successors and assigns, provided that this section shall not be deeme d to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreem ent is for the exclusive benefit of the parties hereto and it does not create a contractual rela tionship with or exist for the benefit of any third party, including contractors, sub-contractors and their suretie s. 22. Costs to Prevailing Party. In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreeme nt, the prevailing parties shall be entitled to receive its reasonable costs and attorney’s fees. 22. Applicable Law. This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the St ate of Washington and venue for any action hereunder shall be in King County, Washingto n; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the last day of the fifteen (15) year term of the Agreement, or t he date of termination, whichever is earliest. 23. Nondiscrimination. Neither the City nor Developer shall discriminate on the basi s of any protected class as defined by any state, federal, or loca l ordinance, including but not limited to, race, color, national origin, disability, age, or sex in the performance of this Agreement. 24. Captions, Headings and Titles. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of refer ence only and shall not constitute a part of this Agreement or act as a limitation of the scop e of the particular paragraph or sections to which they apply. Terms not specifically defined in this Agr eement shall have the same definition as in the applicable section of the Auburn City Code . As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the draf ter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 25. Severable Provisions. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whats oever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. DI.A
Development Agreement Page 13 of 21 Draft 10.05.11 26. Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matte r. 27. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective w hen one or more counterparts have been signed by each of the parties and delivered to the other party . 28. Post-execution actions: The Parties agree that, after execution of this Agreement, the y will work cooperatively to resolve issues relating to infrastruc ture funding, the construction of I Street NE, seeking an agreement with the City of Kent to allow for a traff ic signal at I Street NE and S 277 th Street, any applicable zoning changes, and allocation of flood storage capacit y. Agreed this _____ day of _____________________________, 2010. CITY OF AUBURN Peter Lewis, Mayor DEVELOPER By Title: ATTEST: Danielle Daskam, Auburn City Clerk DEVELOPER By Title: Approved as to form: Daniel B. Heid, Auburn City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Pete r Lewis is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument, and acknowl edged it as the Mayor of the City of Auburn to be the free and voluntary act of such part y for the uses and purposes mentioned in the instrument. DI.A
Development Agreement Page 14 of 21 Draft 10.05.11 Dated this _____ day of __________________________, 20_____. ___________________________________ Print Name: _________________________ Notary public in and for the State of Washington, residing at: _______________ My appointment expires: _______________ DI.A
Development Agreement Page 15 of 21 Draft 10.05.11 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that ______________________________ and ___________________ are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were auth orized to execute the instrument, and acknowledged it as the ___________________ of Developer, a corporation, to be the free and voluntary act of such corporation for the uses and p urposes mentioned in the instrument. Dated this _____ day of __________________________, 20_____. ___________________________________ Print Name: _________________________ Notary public in and for the State of Washington, residing at: _______________ My appointment expires: _______________ STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that ______________________________ and ___________________ are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were auth orized to execute the instrument, and acknowledged it as the ___________________ of Developer, a corporation, to be the free and voluntary act of such corporation for the uses and p urposes mentioned in the instrument. Dated this _____ day of __________________________, 20_____. ___________________________________ Print Name: _________________________ Notary public in and for the State of Washington, residing at: _______________ My appointment expires: _______________ DI.A
Attachment 1 ATTACHMENT 1 - LEGAL DESCRIPTION OF DEVELOPER’S PROJECT DI.A
Attachment 2 ATTACHMENT 2 - PROJECT SITE PLAN The Project Site Plan is incorporated into the Agreement, and i s attached. Below is a brief description of the Project. The Project is more fully descr ibed in the SEPA Final Environmental Impact Statement (Attachment 3) and supplements and addendums, etc. on file wit h the City. DI.A
Attachment 3 ATTACHMENT 3 - CITY OF AUBURN’S ENVIRONMENTAL REVIEW DRAFT AND FINAL NORTHEAST AUBURN/ROBERTSON PROPERTI ES ENVIRONMENTAL IMPACT STATEMENTS ) and supplements and addendums, etc. Dated _______________________________________ DI.A
Attachment 4 ATTACHMENT 4 – DEVELOPMENT REGULATIONS Development Regulations ACC Title 12, (Streets, Sidewalks and Public Works) Except C hapters 12.04 (Public Works Construction) and 12.64 (Required Public Improvements), and excluding any provision in Title 12 requiring payment of permit fees and assessments and excludi ng provisions setting forth permit procedures. ACC Title 16 (Environmental Review, Shoreline Development Permi ts and Critical Areas Regulations) Except any provisions related to requiring payment of fee s and permit procedures. ACC Title 17 (Subdivisions) Except any provisions related to re quiring payment of fees and permit procedures. ACC Title 18 (Zoning) Except any provisions related to requiring payment of fees and permit procedures. The Development Regulations attached as Exhibit No. 4 are not in a form suitable for recording. Copies of the Development Regulations/Exhibit 4 have been provide d to Auburn Properties Inc. and the City of Auburn with this Agreement and at the time of this Agreement. Any person wanting copies of this Exhibit 4 may obtain such copies by contacting the City Clerk, at the City of Auburn City Clerk’s Office 25 West Main Street, Auburn, WA, 98001, (253) 931-3090, or Auburn Properties Inc., Attn: (contact person) (address and phone number) DI.A
Attachment 4 DI.A
ATTACHMENT 1- LEGAL DESCRIPTION PARCEL A : THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX, DESIGNATED AS CLAIM NO. 38, BEING A PART OF SE CTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID DONATION LAND CLAIM; THENCE SOUTH 1°53'45" WEST 898.20 FEET TO THE SOUTH LINE OF SOUTH 280TH STREET AS ESTABLISHED BY DEED TO KING COUNTY RECORDED UNDER R ECORDING NUMBER 5869551 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 1°53'45" WEST 859.86 FEET; THENCE SOUTH 56°01'19" WEST 203.43 FEET; THENCE NORTH 89°17'18" WEST 485.03 FEET; THENCE NORTH 1°53'45" EAST 285.8 FEET; THENCE NORTH 89°47'15" WEST 350.00 FEET; THENCE NORTH 1°53'45" EAST 166.01 FEET TO A POINT W HICH IS 1,000 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF SAID DONATION LAND CLAIM; THENCE NORTH 88°06'15" WEST TO THE EAST MARGIN OF K ENT-AUBURN ROAD, 86TH AVENUE SOUTH, AS ESTABLISHED BY DEEDS TO KING COUNTY RECOR DED UNDER RECORDING NUMBERS 761006 AND 761007; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE NO RTHWEST CORNER OF THAT PORTION OF 49TH STREET NORTHEAST, AS VACATED UNDER ORDINANCE NUMBER 2627 IN THE CITY OF' AUBURN, ALSO RECORDED UNDER RECORDING NUMBER 7301120384; THENCE SOUTH 89°08'15" EAST, 1,005.22 FEET; THENCE SOUTH 1°53'45" WEST 10 FEET; THENCE SOUTH 89°08'15" EAST TO THE TRUE POINT OF BE GINNING; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID DONATION LAND CLAIM NO. 38; THENCE NORTH 88°55' WEST 420.15 FEET; THENCE SOUTH 1°53'45" WEST 1,229.725 FEET; THENCE NORTH 87°24'27" WEST 579.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 87°24'27" WEST 42.4 FEET; THENCE SOUTH 1°53'45" WEST 117.60 FEET; THENCE NORTH 88°06'15" WEST TO THE EAST MARGIN OF K ENT-AUBURN ROAD, 86TH AVENUE SOUTH, AS ESTABLISHED BY DEED TO KING COUNTY RECORD ED UNDER RECORDING NUMBER 761007; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN TO THE NORTHWEST CORNER OF THAT PORTION OF 49TH STREET NORTHEAST AS VACATED UNDER O RDINANCE NUMBER 2627 IN THE CITY OF AUBURN AND ALSO RECORDED UNDER RECORDIN G NUMBER 7301120384; THENCE SOUTH 89°08'15" EAST ALONG THE NORTHERLY LIN E OF SAID VACATED PORTION OF 49TH STREET NORTHEAST TO A POINT NORTH 1°53'45" EAS T FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 1°53'45" WEST TO THE TRUE POINT OF BEG INNING; TOGETHER WITH THAT PORTION OF VACATED "D" STREET NO RTHEAST (86TH AVENUE SOUTH) AS VACATED BY ORDINANCE NUMBER 2626, RECORDED UNDER RECORDING NUMBER 7301120385, AS WOULD ATTACH BY OPERATION OF LAW; TOGETHER WITH THOSE PORTIONS OF VACATED 49TH STREET NORTHEAST (SOUTH 280TH STREET) ADJOINING AS VACATED BY AUBURN ORDINANCES 2 627, 3594, & 3614, RECORDED UNDER RECORDING NUMBERS 7301120384, 8102090641 & 81 04220744, RESPECTIVELY, AS WOULD ATTACH BY OPERATION OF LAW; DI.A
(ALSO KNOWN AS PORTIONS OF TRACTS 34, 35, 36, 37, 3 8 AND 39, TOGETHER WITH VACATED STREETS ADJOINING, WHITE RIVER VALLEY HOME TRACTS 2 ND ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL B: THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX,' DESIGNATED .AS CLAIM NO. 38, BEING A PART OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID DONA TION CLAIM, A DISTANCE OF 420.15 FEET WEST OF THE NORTHEAST PARCEL F: THAT PORTION OF THE W.A. COX D.L.C., IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DE SCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID W.A. COX D.L.C.; THENCE WEST ALONG THE NORTH LINE THEREOF 210.15 FEE T TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST ALONG SAID NORTH LINE 210.0 FEET; THENCE SOUTH 839.74 FEET, MORE OR LESS, TO THE NORT H LINE OF SOUTH 280TH STREET AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UND ER RECORDING NUMBERS 544796 AND 5869551, AT A POINT 420.31 FEET WEST FRO M THE EAST LINE OF SAID COX D.L.C.; THENCE EAST ALONG SAID NORTH LINE 209.94 FEET; THENCE NORTH 839.0 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 414.56 FEET THEREOF; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277 TH STREET (52ND STREET NORTHEAST); (ALSO KNOWN AS A PORTION OF TRACT 41, WHITE RIVER V ALLEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL G: THAT PORTION OF THE W.A. COX D.L.C. IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DE SCRIBED AS FOLLOWS: BEGINNING AT THE. NORTHEAST CORNER OF SAID W.A. COX D.L.C.; THENCE WEST ALONG THE NORTH LINE THEREOF 210.15 FEE T; THENCE SOUTH 839 FEET, MORE OR LESS, TO THE NORTH L INE OF SOUTH 280TH STREET AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND 5869551, AT A POINT 210.37 FEET WEST OF THE EAS T LINE OF SAID D.L.C.; THENCE EAST ALONG SAID NORTH LINE 210.37 FEET TO TH E EAST LINE OF SAID D.L.C.; THENCE NORTHERLY ALONG SAID EAST LINE 838.2 FEET TO THE POINT OF BEGINNING; EXCEPT THE SOUTH 414.56 FEET THEREOF; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277 TH STREET (52ND STREET NORTHEAST); DI.A
(ALSO KNOWN AS A PORTION OF TRACTS 40 AND 41, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL H : THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX, DESIGNATED AS CLAIM NO. 38, BEING A PORTION OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID DONATION LAND CLAIM NO. 38; THENCE NORTH 88°55' WEST 420.15 FEET; THENCE SOUTH 1°53'45" WEST 1,229.725 FEET; THENCE NORTH 87°24'27" WEST 622.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 1°53'45" WEST 117.60 FEET; THENCE NORTH 88°06'15" WEST TO THE EAST MARGIN OF K ENT-AUBURN ROAD (86TH AVENUE SOUTH), AS ESTABLISHED BY DEED TO KING COUNTY RECOR DED UNDER RECORDING NUMBER 761007; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN TO A PO INT FROM WHICH THE TRUE POINT OF BEGINNING BEARS SOUTH 87°24'27" EAST; THENCE SOUTH 87°24'27" EAST TO THE TRUE POINT OF BE GINNING; TOGETHER WITH THAT PORTION OF VACATED "D" STREET NO RTHEAST (86TH AVENUE SOUTH) ADJOINING, WHICH UPON VACATION, ATTACHED TO SAID PR OPERTY BY OPERATION OF LAW; PARCEL F: THAT PORTION OF THE W.A. COX D.L.C., IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DE SCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID W.A. COX D.L.C.; THENCE WEST ALONG THE NORTH LINE THEREOF 210.15 FEE T TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST ALONG SAID NORTH LINE 210.0 FEET; THENCE SOUTH 839.74 FEET, MORE OR LESS, TO THE NORT H LINE OF SOUTH 280TH STREET AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UND ER RECORDING NUMBERS 544796 AND 5869551, AT A POINT 420.31 FEET WEST FRO M THE EAST LINE OF SAID COX D.L.C.; THENCE EAST ALONG SAID NORTH LINE 209.94 FEET; THENCE NORTH 839.0 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 414.56 FEET THEREOF; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277 TH STREET (52ND STREET NORTHEAST); (ALSO KNOWN AS A PORTION OF TRACT 41, WHITE RIVER V ALLEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL G: THAT PORTION OF THE W.A. COX D.L.C. IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DE SCRIBED AS FOLLOWS: BEGINNING AT THE. NORTHEAST CORNER OF SAID W.A. COX D.L.C.; THENCE WEST ALONG THE NORTH LINE THEREOF 210.15 FEE T; DI.A
THENCE SOUTH 839 FEET, MORE OR LESS, TO THE NORTH L INE OF SOUTH 280TH STREET AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND 5869551, AT A POINT 210.37 FEET WEST OF THE EAS T LINE OF SAID D.L.C.; THENCE EAST ALONG SAID NORTH LINE 210.37 FEET TO TH E EAST LINE OF SAID D.L.C.; THENCE NORTHERLY ALONG SAID EAST LINE 838.2 FEET TO THE POINT OF BEGINNING; EXCEPT THE SOUTH 414.56 FEET THEREOF; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277 TH STREET (52ND STREET NORTHEAST); (ALSO KNOWN AS A PORTION OF TRACTS 40 AND 41, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL H: THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX, DESIGNATED AS CLAIM NO. 38, BEING A PORTION OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID DONATION LAND CLAIM NO. 38; THENCE NORTH 88°55' WEST 420.15 FEET; THENCE SOUTH 1°53'45" WEST 1,229.725 FEET; THENCE NORTH 87°24'27" WEST 622.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 1°53'45" WEST 117.60 FEET; THENCE NORTH 88°06'15" WEST TO THE EAST MARGIN OF K ENT-AUBURN ROAD (86TH AVENUE SOUTH), AS ESTABLISHED BY DEED TO KING COUNTY RECOR DED UNDER RECORDING NUMBER 761007; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN TO A PO INT FROM WHICH THE TRUE POINT OF BEGINNING BEARS SOUTH 87°24'27" EAST; THENCE SOUTH 87°24'27" EAST TO THE TRUE POINT OF BE GINNING; TOGETHER WITH THAT PORTION OF VACATED "D" STREET NO RTHEAST (86TH AVENUE SOUTH) ADJOINING, WHICH UPON VACATION, ATTACHED TO SAID PR OPERTY BY OPERATION OF LAW; (ALSO KNOWN AS A NORTHWESTERLY PORTION OF TRACT 36, TOGETHER WITH VACATED STREET ADJOINING, WHITE RIVER VALLEY HOME TRACTS 2N D ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL I: A TRACT OF LAND IN THE W.A. COX DONATION LAND CLAIM NO. 38, IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KIN G COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT AN INTERSECTION IN THE CURVE OF THE EA STERLY MARGIN OF THE KENT-AUBURN ROAD, AS ACQUIRED BY KING COUNTY IN SUPERIOR COURT CAUSE NO. 85322, ALSO KNOWN AS ROAD #76, AND THE NORTHEASTERLY MARGIN OF AUBURN WAY NORTH; THENCE SOUTH 35°14'08" EAST ALONG THE EASTERLY MARGIN OF A UBURN WAY NORTH 65.00 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND; THENCE CONTINUING SOUTH 35°14'08" EAST 248.49 FEET; THENCE NORTH 49°55'00" EAST 126.88 FEET; THENCE NORTH 34°44'00" WEST 146.85 FEET; THENCE NORTH 89°47'15" WEST 156.77 FEET TO THE POIN T OF BEGINNING; DI.A
(ALSO KNOWN AS A PORTION OF TRACTS 34 AND 35, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL J: PARCEL 1, CITY OF AUBURN SHORT PLAT NUMBER SP-29-79 , RECORDED UNDER RECORDING NUMBER 7912120806, SAID SHORT PLAT BEING A SUBDIVIS ION OF A PORTION OF THE W.A. COX DONATION LAND CLAIM NO. 38, IN SECTION 31, TOWN SHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED "D" STREET NO RTHEAST ADJOINING, AS WOULD ATTACH BY OPERATION OF LAW; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND U TILITIES OVER PARCEL 2 OF SAID SHORT PLAT, AS ESTABLISHED BY INSTRUMENT RECOR DED UNDER RECORDING NUMBER 7909281042. PARCEL K: THAT PORTION OF PARCEL 2, CITY OF AUBURN SHORT PLAT NUMBER SP-29-79, RECORDED UNDER RECORDING NUMBER 7912120806, LYING WEST OF TH E SOUTHERLY PRODUCTION OF THE EAST LINE OF PARCEL 1 OF SAID SHORT PLAT; ALSO THE WEST 427.03 FEET OF THAT PORTION OF PARCEL 2 OF SAID SHORT PLAT LYING EAST OF THE SOUTHERLY PRODUCTION OF THE EAST LINE PARCEL 1 OF SAID SHORT PLAT; SAID SHORT PLAT BEING A SUBDIVISION OF A PORTION OF THE W.A. COX DONATION LAND CLAIM NO. 38, IN SECTION 31, TOWNSHIP 22 NORTH, RAN GE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. PARCEL L: THE SOUTH 200 FEET OF THE EAST 110 FEET OF THAT POR TION OF W.A. COX DONATION CLAIM NOS. 38 AND 43, IN KING COUNTY, WASHINGTON, D ESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE WHITE RIVE R VALLEY HOME TRACTS; THENCE SOUTH ALONG EAST LINE TO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION; THENCE EASTERLY TO A POINT 258.2 FEET EAST OF EAST LINE OF SAID TRACT 32; THENCE NORTH 809.4 FEET TO NORTH LINE OF DONATION CLAIM; THENCE WEST 258.2 FEET TO BEGINNING; EXCEPT STATE ROAD NO. 5; AND EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WA Y FOR 49TH STREET NORTHEAST. DI.A
PARCEL M: THAT PORTION OF THE W.A. COX DONATION LAND CLAIM NO S. 38 AND 43, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF WHITE RIVER VA LLEY HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 1 3 OF PLATS, PAGE 17, IN KING COUNTY, WASHINGTON; THENCE SOUTH ALONG EAST LINE TO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION; THENCE EASTERLY TO A POINT 258.2 FEET EAST OF EAST LINE OF SAID TRACT 32; THENCE NORTH 809.4 FEET TO NORTH LINE OF DONATION CLAIM; THENCE WEST 258.2 FEET TO BEGINNING; EXCEPT STATE ROAD NO. 5; AND EXCEPT THE SOUTH 200 FEET OF THE EAST 110 FEET THEREOF; AND EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WA Y FOR 49TH STREET NORTHEAST; AND EXCEPT ALL THAT PORTION OF THE FOLLOWING DESCRI BED TRACT OF LAND LYING SOUTHWESTERLY OF A LINE DRAWN 15.2 FEET RADIALLY FR OM A POINT 52 FEET NORTHEASTERLY OF STATION 122 + 63 OF AUBURN WAY NOR TH AND EXTENDING FROM THE NORTH LINE OF 49TH STREET NORTHEAST TO A POINT OPPO SITE STATION 122 + 72 (AND AS CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UND ER RECORDING NUMBER 7911271078, RECORDS OF KING COUNTY, WASHINGTON): THAT PORTION OF W.A. COX DONATION CLAIM NOS. 38 AND 43, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE WHITE RIVE R VALLEY HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 1 3 OF PLATS, PAGE 17, IN KING COUNTY, WASHINGTON; THENCE SOUTH ALONG EAST LINE TO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION; THENCE EASTERLY TO A POINT 258.2 FEET EAST OF EAST LINE OF SAID TRACT 32; THENCE NORTH 809.4 FEET TO NORTH LINE OF DONATION CLAIM; THENCE WEST 258.2 FEET TO BEGINNING; SITUATE IN KING COUNTY, WASHINGTON. PARCEL N: THAT PORTION OF THE EAST HALF OF THE W.A. COX DONAT ION LAND CLAIM IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUN TY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING 1,454.4 FEET WEST OF THE NORTHEAST CORNER OF SAID W.A. COX DONATION LAND CLAIM; THENCE SOUTH 843.64 FEET; THENCE WEST 258.06 FEET; THENCE NORTH 844.6 FEET; THENCE EAST 258.95 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE ABOVE DESCRIBED TRACT OF LAND, A DISTANCE 312 FEET NORTH OF THE SOUTHEAST CORNER THE REOF; DI.A
THENCE SOUTH ALONG SAID EAST LINE 312 FEET; THENCE WEST ALONG THE SOUTH LINE OF SAID ABOVE DESC RIBED TRACT 258.06 FEET; THENCE NORTH ALONG THE WEST LINE OF SAID TRACT 312 FEET TO A POINT WEST OF THE POINT OF BEGINNING; THENCE EAST TO THE POINT OF BEGINNING; ALSO EXCEPT THE EAST 30 FEET CONDEMNED FOR ROAD PUR POSES IN KING COUNTY SUPERIOR COURT CAUSE NO. 85322; ALSO EXCEPT THAT PORTION, IF ANY, LYING WITHIN THAT CERTAIN TRACT OF LAND CONVEYED TO DAVE HILL AND BRIDGET HILL, HUSBAND AND WIFE, BY DEED RECORDED IN VOLUME 469 OF DEEDS, PAGE 605, RECORDS OF KING COUN TY; ALSO EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUT H 277TH STREET (52ND STREET NORTHEAST); (BEING KNOWN AS A PORTION OF TRACT 46, WHITE RIVER VALLEY HOME TRACTS NO. 2, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL O: THAT PORTION OF LOT 32, WHITE RIVER VALLEY HOME TRA CTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS AT PAGE 17, IN KING COUNTY, WASHINGTON, LYING NORTHEASTERLY OF PRIMARY STATE HIGHWAY NO. 5; EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHIN GTON BY DEED RECORDED AUGUST 18, 1964 UNDER RECORDING NO. 5775470. DI.A
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Page 1 September 21, 2011 D evelopment Agreement Criteria (Related to Development Agreement Code Section ACC 14.21, rep ealed) Context: Former Chapter 14.21 ACC, Development Agreements (Repealed in 2008 by Ordinance No. 6817) set out the city’s specific requirements for development agreements. The se requirements are more detailed than the provisions of state law governing devel opment agreements. Robertson Properties Group (RPG) applied for a developme nt agreement before the code section was repealed, and the City has worked with them over the years to bring a proposal that staff could favorably recommend to the City Counci l. In general, the city’s code section provides a development agreement can a uthorize greater flexibility in the existing city standards in exchange for dev elopment to be of significantly higher quality, generating more public benefit, and be a more sensitive proposal than would have been the case of a more typical development. Auburn City Code 14.21.010.B (Nonresidential or Mixed Use Projects) which is applicable to this project specifies that the City may consider a d evelopment agreement for a nonresidential or mixed use project in areas designated for office, c ommercial, industrial or institutional use in the comprehensive plan, or in a designated spec ial plan area. In its evaluation of a proposal, the City shall consider whether a p roposal will: 1. Provide development that is consistent with the goals and policies of the comprehensive plan; 2. Provide efficient and effective use of land, open space and public facili ties that result in a higher quality of development than is required by the standards of t he applicable zone; 3. Provide building and site design that complement surrounding land uses and their environment; and, 4. Provide for superior protection of critical areas. The following information is provided to demonstrate how the pending applicati on addresses the criteria for approval. DI.A
Page 2 September 21, 2011 D evelopment Agreement Provisions (term sheet) (Related to Development Agreement Criteria (ACC 14.21, repe aled)) Requests for Relief/Flexibility • Vesting . Normally, state and city laws allow for a plat to be vested for seven years to the development standards in effect the time of approval. The propos ed development agreement provides for an extended vesting period of a total of fifteen years from execution, broken into three, 5-year periods. This “rolling vesting” minimizes city risk associated with attempting to forecast im pacts over the 15-year lifetime of the development agreement. The C-4, Mixed Use Commercial zoning originally, provisionally adopted by Ordinance No. 6183 in 2008 will apply for the entire 15-year period. “Footprint design” regulations , such as city street standard right-of-way widths, will only change at the beg inning of each vesting period. “Technical design” regulations and life-safety reg ulations, such as building, fire, mechanical and plumbing codes will not be vested and thus subject to the standards in effect at each individual permit applied for. • Land Use Flexibility The developer has requested the ability to include a mixture of office, retail and residential uses for the site development. The Environmental Impact Statements and related documents have been prepared t o recognize this flexibility in the proposed land use mix and the developer could develop up to the threshold levels studied. However, regarding residential uses, the development shall only be allowed on the upper story of multi-stored buildings except for ancillary interior uses needed to support the residenti al uses. The first floor must consist of other allowed, non-residential land uses. • Preferred Land Uses These standards reflect Council’s policy guidance regarding construction of mixed-use developments, prioritization of full-s ervice restaurants over drive-through restaurants, and avoidance of stand-alone gasoline dispensing uses. The provisional C4, Mixed Use Commercial zoning district limits multiple family residential uses to upper story of multi-st ored buildings except for ancillary interior uses and it also requires that gasoline dispensi ng be secondary to another use. The prioritization of full service restaurants is on ly expressed in the development agreement. • Transportation and Utility Infrastructure. City Code authorities require developers to construct certain transportation and utility infrastructure (such as half-street improvements, etc.) Under separate State Environmental Polic y Act (SEPA) authority, other infrastructure improvements may be needed to addre ss project impacts to serve the new development and the new development may have a proportional share; but the improvement is needed prior to development. T he Agreement acknowledges that infrastructure that benefits RPG’s develop ment will also benefit other properties in the City. The Agreement provides for the parties to work cooperatively to phase infrastructure construction so that adequate facilities are in place for each phase of RPG’s project. It a lso provides that the DI.A
Page 3 September 21, 2011 City will place a higher priority on designation of I ST NE in the City’s Capital Facilities Plan (CFP) and Transportation Improvement Program (TIP). • A rchitectural and Site Design Standards. RPG has requested the City not have the ability to initiate changes to the Auburn Gateway Architectural a nd Site Design Standards once adopted. Changes to the standards would be initiated by RPG. The Architectural and Design Standards are expected to be impleme nted by the development agreement and for consistency with city code, with a future modification to the portion of the zoning code that references other city design standards. • Transportation/Utility Infrastructure Improvements. At RPG’s request the City has memorialized in Section 9 of the Development Agreement the various mechanisms available in code and through other avenues currently available to the city, such as interlocal agreements, impact fees and previous SEPA mi tigation measures, the monies that are available to financially assist infrastr ucture improvements needed in the vicinity. RPG asked for these items to be included in the DA to increase certainty and in order to bring these items forward and m ake them part of this voluntary contract (Development Agreement). Where the mechanisms are found in code requirements, the referenced code sections would be part of an attachment to the development agreement and thus future changes t o these referenced code sections would be subject to the rolling vesting provis ions of the agreement. • Flood Storage Capacity. City regulations require developers to construct compensatory flood storage for fill placement in the floodplain that reduce s available storage volume. The Agreement provides that the City will make available to RPG City-owned/controlled flood storage capacity on the adjac ent Port of Seattle wetland mitigation property when and if the city secures right of use permission from the Port of Seattle. • Ability to Modify the Development Agreement. Acknowledging that market conditions will likely change over the term of the Agreement, it provides a c lear process for possible modification to the development agreement that bal ances allowing administrative approval of changes that have minor effects, while providing a public hearing process for major modifications. • Commitment to Transportation Payback Mechanisms The City has determined that the below listed projects will create capacity i n the City’s public street system and as such commits that the following listed improvements w ill remain included in the City’s list of eligible projects for traffic im pact fee credits. As such, the City will provide a credit for transportation fees attributab le to the Project in conformance with Chapter 19.04 for the following improvements as listed in the Traffic Impact Fee Program List. DI.A
Page 4 September 21, 2011 • 49 th Street NE between Auburn Way North and “M” Street NE • “I” Street NE Between 40 th Street NE and S. 277 th Street (52 nd Street NE) Public/Community Benefits (pursuant to repealed ACC 14.21.010(B)) • “Provide development that is consistent with the goals and policies of th e comprehensive plan;” (ACC 14.21.010(B)(1)) With approval of the development agreement and planned action ordinance and incorporated elements, the development agreement and project will be consistent with the goals and policies of the city’s comprehensive plan (See the relevant Comprehensive Plan policies below, excerpted from Comprehen sive Plan) • “Provide efficient and effective use of land, open space and public faci lities that results in a higher quality of development than is required by the standards of the applicable zone;” (ACC 14.21.010(B)(2)) A traffic analysis has been prepared, right-of-way (ROW) is pr oposed to be dedicated and improved (either through half street requirements and mitigati on measures) to manage vehicular traffic associated with the proje ct and passing through the project site. RPG has developed Architectural and Site Desig n Standards to promote pedestrian-oriented design for the development. The applicant will be responsible for continuation of trail construction along the s outh side of S. 277 th Street along their frontage. A mitigation measure proposed to be included in the planned action ordinance requires provision of a master plan for pedestrian/non-motorized circulation for City of Auburn review and approval. In 2008 by Ordinance No. 6183, the city provisionally adopted the C4, Mixed Use Commercial zoning that requires residential to be located on the upper story of multi-storied buildings and thus encouraging compact development and potentially, affordability. The ability to coordinate development over approximately 63 acres will facilitate coordination of utility and road infrastructure improvements that can result in efficiencies and potential ly result in lower development and maintenance costs. In particular, the city will r ealize substantial dedication of ROW for and construction of I ST NE, a minor arteria l street, to serve as a reliever for Auburn Way N and avoid more piecemea l dedication and roadway construction. • Provide building and site design that complement surrounding land us es and their environment;” (ACC 14.21.010(B)(3)) RPG, in conjunction with the city, has originated Architectural and Site Desi gn Standards to apply to the Auburn Gateway project to demonstrate an enhanced level of design and quality and promote compatibility within the Project boundaries. The Architectural and Site Design Standards will be made a requirement of the project through the Development agreement and a code amendment. DI.A
Page 5 September 21, 2011 The project’s traffic analysis and environmental review process lead t o identification of a road network benefitting the project, vicinity and the c ity through provision of linkages in an area currently underserved by streets. The identified road network will improve transitions to adjacent areas. RPG, in conjunction with the city, has originated Architectural and Site Desi gn Standards to apply to the Auburn Gateway project to demonstrate an emphas is on non-motorized transportation. The applicant will be responsible continuation of trail construction along the south side of S 277th Street. A mitigation measure requires provision of a master plan for pedestrian/non-motorized circula tion for City of Auburn review and approval. The plan to be approved by the city will ensure public amenities consistent with the non-motorized plan. Upon the city’s successful securing of rights from the Port of Seattle for th e use of floodplain storage in their constructed wetland mitigation site, the City wil l make a portion of the floodplain storage available to RPG for their use. In exchange for provision of this floodplain storage, RPG will provide compensation to the city in the form of mutually agreed consideration. Additionally, the developer shall pursue the formal recognition by the Federal Emergency Management Age ncy (FEMA) of the placement of fill and affect on floodplain through the Lette r of Map Revision. Compensation to the City for the provision of floodplain storage will need to be identified. • “Provide for superior protection of critical areas.” (ACC 14.21.010(B)(4)) The site in a minimally developed state currently contains significant amounts of open space, wetlands, drainage courses, some scattered mature trees (mostly cottonwood and poplar trees) and 100-year floodplain. In July of 2005 RPG undertook 40,546 square feet of buffer enhancement through planting 30-foot buffers around one wetland and the on-site portion of another wetland (SEP04-0034 & GRA04-0018). The on-site portions of the two wetlands with enhanced buffers are preserved by recorded conservation easements. The site al so contains portions of at least two other wetlands which have not yet been identified for protection. Future alteration of these remaining wetlands would be in accordance with the city’s adopted critical areas regulations in effect as sta ted in the vesting provisions of the development agreement. Other Public/Community Benefits • Protection of City Interests. o RPG has agreed to prepare written progress and status reports to the City at least twice per year, and to participate in meetings with Counci l and staff to report on the project status at least annually. Status informat ion includes leasing, construction and permit information. o Acknowledging that market conditions will likely change over the term of the Agreement, it provides a clear process for possible modifications t hat balances allowing administrative approval of changes that have minor effects, while providing a public hearing process for major modific ations. DI.A
Page 6 September 21, 2011 o The Agreement contains a termination provision that requires permits/approvals must be “substantially underway” prior to the exp iration of the term of the development agreement and does not extend the normal code required lifetime of the permits/approvals. It also requires RPG to submit permit/approval applications that are consistent with this Proj ect as identified in the Development Agreement (and the design standards).DI.A
Page 7 September 21, 2011 Listing of Relevant Comprehensive Plan Policies Chapter 2, General Approach GP-6 The growth impacts of major private or public developme nt which place significant service demands on community facilities, amenities a nd services, and impacts on the City's general quality of life shall be c arefully studied under the provisions of SEPA prior to development approval. Siting of any major development (including public facilities such as, but not limited to, solid waste processing facilities and landfills) shall be ca refully and thoroughly evaluated through provisions of SEPA prior to project approva l, conditional approval, or denial. Appropriate mitigating measures to ensure conformance with this Plan shall be required. GP-7 Regional scale development shall be encouraged to provide a balance between regional service demands and impacts placed on the City's quali ty of life versus the local benefits derived from such development. Chapter 3, Land Use LU- 57 Mixed-use developments with both commercial and residentia l components are encouraged in Light Commercial centers. These developme nts should include primarily retail stores and offices designed to provide c onvenient shopping and other services for nearby residents. Industrial and heav y commercial uses should be excluded. Design features of mixed-use developments should include the integr ation of the retail and/or office uses and residential units within the sa me building or on the same parcel. Ground level spaces should be built and used predominately to accommodate retail and office uses. Off-stree t parking should be located behind or to the side of the buildings, or enclosed wit hin buildings. Accessible pedestrian connections and bicycle paths m ust be designed to facilitate safe connections within the development, al ong adjacent roads adjacent and to adjacent residential developments. Design guidelines for mixed-use development have been develope d. These guidelines should be reviewed and amended periodically to be consistent with current planning trends and market demands. Objective 9.3. To encourage the appropriate use of areas adjacent to heavily traveled arterials while minimizing land use and traffic conflicts by: • Managing the continued commercial development of existing commer cial arterials in a manner which minimizes traffic and land use conflicts. • Conserving residential qualities along heavily traveled arterial s which are not yet commercialized, by restricting commercial development to typ es which provide an appropriate buffer. DI.A
Page 8 September 21, 2011 • Protecting existing, viable residential areas along lesser-t raveled arterials, from commercial development. Policies: LU-58 The City shall identify those existing commercial ar terials that are appropriate for continued general (heavy) commercial development, and those arte rials that are appropriate for continued or future limited (i.e. profes sional office type) commercial development. LU-59 The City shall review its standards relating to the num ber, size and location of driveways to ensure consistency with goals and policies relati ng to arterial commercial development. LU-60 The City shall encourage the grouping of individual commercial enterprises along commercial arterials to promote the sharing of parking a reas, access drives and signs. Such grouping can be encouraged through land division regulations, sign regulations and development standards. LU-61 Moderate density multiple family residential developm ent shall be used to buffer general (heavy) commercial arterial development f rom single family development. Extensive screening and landscaping shall be used t o buffer general commercial uses from multiple family uses. Howeve r, the placement of walls and fences and site designs which prevent easy access by bicyclists and pedestrians should be avoided. Chapter 4, Housing HO-26 The City shall develop incentives to develop underutilize d parcels into new uses that allow them to function as pedestrian-oriented, mixed-use neighborhoods. Existing uses which are complementary, economical, and physically viable shall integrate into the form and function of t he neighborhood. HO-33 The City will encourage varied and human-scaled building desi gn that provides a visual interest to pedestrians, compatibility with hi storic buildings or other neighborhood structures, and enhances the streetscape. Chapter 5, Capital Facilities Objective 1.4. To ensure that new development does not out-pace the C ity's ability to provide and maintain adequate public facilities and services, by allow ing new development to occur only when and where adequate facilities exist or will be provided, and by encouraging development types and locations which can support the public services they require. Policies: DI.A
Page 9 September 21, 2011 CF-1 Lands designated for urban growth by this Plan shall have an urban level of public facilities (sewer, water, storm drainage, and parks) prior to or concurrent with development. CF-2 Development shall be allowed only when and where such devel opment can be adequately served by public services (police and fire) without reducing level of service elsewhere. CF-3 If adequate facilities are currently unavailable and public funds are not committed to provide such facilities, developers must provide such faciliti es at their own expense in order to develop. CF-4 The City should continue to assist through direct participati on, LIDs and payback agreements, to the extent permitted by law, where appropriate and financially feasible. Where funding is available, the City may partic ipate in developer initiated facility extensions or improvements, but only to the ex tent that the improvements benefit the broader public interest, and are in a ccord with the specific policies and recommendations of the appropriate City public facilities plan. CF-6 New connections to the City's sanitary sewer, water a nd/or storm drainage systems, shall contribute their fair share toward the construc tion and/or financing of future or on-going projects to increase the capacity of those systems. CF-7 The City shall encourage and approve development only where ad equate public services including police protection, fire and emergency medical services, education, parks and other recreational facilities, solid waste c ollection, and other governmental services are available or will be made availabl e at acceptable levels of service prior to project occupancy or use. CF-8 Extension of any individual facility, irrespective of mode o f financing, to serve new development should be approved only if it is determined that ade quate fiscal capacity exists to support the extension of other needed facilities. CF-9 Extension of any individual facility, irrespective of mode o f financing, to serve new development should be approved only if it is determined that ade quate fiscal capacity exists to support cost effective service by all on-going public services and maintenance of facilities. DI.A
Page 10 September 21, 2011 Objective 5.4. To ensure that new developments are supported by an a dequate level of public services through an effective system of public facilities. Policies: CF-10 Public facilities shall be provided in accord with the g uidance of the Capital Facilities Plan or, as may be appropriate a system plan for each type of facility designed to serve at an adequate level of service the locations and i ntensities of uses specified in this comprehensive plan. CF-11 No new development shall be permitted unless the facilit ies specified in each facility plan are available or can be provided at a level adequate to support the development. The adequacy of facilities shall be determined by the foll owing: a. An adopted system plan; b. Policy guidance as provided in the City Capital Facilities Plan; c. Appropriate engineering design standards as specified in ap plicable City Plans, Codes, and manuals as adopted by the City Council; d. Environmental review standards (adequacy includes the absence of an unacceptable adverse impact on a public facility system). e. Case by case evaluation of the impacts of a proposed develop ment on the public facility systems: first to determine the minimum amount of facilities necessary to support the development and second to dete rmine a proportionate share of the system to be developed or financiall y guaranteed before approving the development. CF-12 No new development shall be approved which is not supported b y a minimum of facilities to support the development and which does not provide for a proportionate share of related system needs. Chapter 7, Transportation TR-7: An efficient transportation system seeks to spread vehicl e movements over a series of planned streets. The goal of the system is to enc ourage connectivity while preventing unacceptably high traffic volumes on any one st reet. Ample alternatives should exist to accommodate access for emergency vehicles. For these reasons the City will continue to plan a series of collec tors and arterials designed to national standards to provide efficient service to the community. TR-8: Encourage the use of trails and other connections that provide eas e of travel within and between neighborhoods, community activity centers, and transi t services. Development patterns that block direct pedestrian a ccess are discouraged. Ample alternatives should exist to accommodate non-motori zed transportation on arterials, collectors, and local roads. DI.A
Page 11 September 21, 2011 TR-19: New development shall not be allowed when the impacts of the new development on the transportation system degrades the LOS to below the adopted LOS standard, unless the condition is remedied concurrent with the development as described in Chapter 2. TR-20: The term "below level-of-service" shall apply to situat ions where traffic attributed to a development likely results in any of the following. a. An unacceptable increase in hazard or an unacceptable d ecrease in safety on a roadway. b. An accelerated deterioration of the street pavement condition or the proposed regular use of a street not designated as a truck route for truck movements that can reasonably result in accelerated deterioration of the street pavement. c. An unacceptable impact on geometric design conditions at an intersection where two truck routes meet on the City arterial and collector network. d. An increase in congestion which constitutes an unacceptable advers e environmental impact under the State Environmental Policy Act. e. A reduction in any of the three (3) LOS standards below. 1. Arterial and Collector Corridor LOS : The level-of-service standard for each arterial and collector corridor is “D”, unless otherwise specified in Chap ter 2 of this plan. The City may require a developer to examine a shorter or longer corridor segment than is specified in Chapter 2, to ensure a project's total LOS impacts are evaluated. 2. Signalized/Roundabout Intersection LOS : The City may require a developer to examine individual signalized or roundabout intersections for LOS impa cts to ensure a project's total LOS impacts are evaluated. 3. Unsignalized Intersection LOS : The level-of-service standard for these intersections, measured as if they were signalized, shall be level of servic e “D”. If LOS falls below the standard, analysis and mitigation may be required in a m anner commensurate with the associated impacts. This may include, among other requirements, conducting a traffic signal warrant analysis and i nstalling or financing a signal or roundabout. TR-22: A.M. level of service may need to be analyzed in situations where specialized conditions exist that disproportionately impact a.m. traffic. TR-23: Require developers to construct or finance transportation improvements and/or implement strategies that mitigate the impacts of new de velopment concurrent with (within 6 years of) development, as required by the Growth M anagement Act. TR-24: New development that lowers a facility’s level-of-s ervice standard below the locally adopted minimum standard shall be denied, as required by the Growth DI.A
Page 12 September 21, 2011 Management Act. Strategies that may allow a development to p roceed include, but are not limited to: • Reducing the scope of a project (e.g. platting fewer lots or building less square footage); • Building or financing new transportation improvements concurre nt with (within 6 years of) development; • Phasing/delaying a project; • Requiring the development to incorporate Transportation Demand Management strategies; or • Lowering level-of-service standards. TR-25: The denial of development in order to maintain concurrency may be grounds for declaring an emergency for the purpose of amending the Compr ehensive Plan outside of the annual amendment cycle. TR-26: Evaluate city transportation facilities annually to det ermine compliance with the adopted level-of-service standards and, as necessary, amend the Six-Year Transportation Improvement Program (TIP) and Capital Facilit ies Plan (CFP) to remedy identified deficiencies. TR-28: Require developers to construct transportation systems need ed to serve new developments. TR-30: Improvements that serve new developments will be construc ted as a part of the development process. All costs will be borne by the develope r when the development is served by the proposed transportation improvements . In some instances, the City may choose to participate in this constructi on if improvements serve more than adjacent developments. TR-31: Revenues for street transportation improvements should primar ily provide for the orderly development of the City's transportation system in compliance with the Comprehensive Transportation Plan. The basic criterion for s uch funding should be the degree to which that project improves the overall t ransportation system and not the benefit that might accrue to individual proper ties. Where it is possible to establish a direct relationship between a needed improvem ent and a development, the development should be expected to contribute to its construction. TR-32: Encourage public/private partnerships for financing trans portation projects that remedy existing and anticipated transportation problems, or t hat foster economic growth. TR-33: Aggressively seek and take advantage of federal, state, loc al, and private funding and lending sources that help implement the City's Compreh ensive Transportation Plan. DI.A
Page 13 September 21, 2011 TR-34: Maintain a traffic impact fee system based on the Ins titute of Traffic Engineers (ITE) guidelines, as modified by the City Council, as a means of enabling development to mitigate appropriately for associated traffic imp acts. TR-35: Reassess the land use element of the Comprehensive Plan if funding for transportation facilities is insufficient to maintain adopted l evel-of-service standards. TR-36: Enhance the livability of Auburn through a variety of mecha nisms, including the innovative design and construction of roadways, non-motorized facilitie s, and associated improvements. Apply design standards that result i n attractive and functional transportation facilities. TR-61: The acquisition and preservation of right-of-way is a key com ponent of maintaining a viable transportation system. Methods used to acquire and preserve right-of-way include: • Requiring dedication of right-of-way as a condition of development; • Purchasing right-of-way at fair market value; and • Acquiring development rights and easements from property owners. TR-62: Preserve and protect existing right-of-way through the issuanc e of permits such as ROW Use permits and franchise and public way agreeme nts, by monitoring and responding to right-of-way encroachments and safety impacts, a nd by limiting vacations of public right-of-way. TR-63: Vacate right-of-way only when it clearly will not be a future need or to support economic development. TR-76: These minimum (road functional classification) standards do not limit or prevent developers from providing facilities that exceed the City’s st andards. TR-89: Seek consolidation of access points to state highways, arte rials, and collectors. This will benefit the highway and city street system, reduce interference with traffic flows on arterials, and discourage through traffic on local streets. To achieve this level of access control, the City: • Adopts and supports the State’s controlled access policy on all state highway facilities; • May acquire access rights along some arterials and collectors; • Adopts design standards that identify access standards for eac h type of functional street classification; • Encourages consolidation of access in developing commercial and hig h density residential areas through shared use of driveways and local access streets; and DI.A
Page 14 September 21, 2011 • Will establish standards for access management, develop a pl anning process to work with the community and implement access managem ent solutions on arterial corridors. TR-90: Strive to prevent negative impacts to existing businesses , without compromising safety, when implementing access management. TR-97: New construction should incorporate traffic calming measures, as ap propriate. TR-110 Intersections controlled with roundabouts are preferred over si gnalized intersections whenever feasible and appropriate due to the benef its achieved with roundabouts including reduced collision rates for vehicles and pedestrians, less severe collisions, smoother traffic slow, reduc ed vehicle emissions and fuel consumption, lower long term maintenance costs a nd improved aesthetics. TR-111 Developments required to signalize an intersection as mit igation for a project may be required to install a roundabout instead of a traffic signa l. The feasibility of acquiring the land needed for a roundabout will be considered as a factor in this requirement. TR-112: Implement land use regulations and encourage site design tha t promotes non-motorized forms of transportation. TR-113: Include the role of non-motorized transportation in all transpor tation planning, programming, and if suitable, capital improvement projects. TR-114: Plan for continuous non-motorized circulation routes within and betw een existing, new or redeveloping commercial, residential, and industria l developments. Transportation planning shall seek to allow pedestri ans and bicyclists the ability to cross or avoid barriers in a manner that is safe and convenient. TR-119: Develop and maintain the non-motorized system, including bike rout es, sidewalks, and multi-use paths in a manner that promotes non-motorized travel as a viable mode of transportation. TR-125: The development of facilities supporting non-motorized trans portation should be provided as a regular element of new construction projects. I mprovements shall be secured through the development review process. TR-129: Require developers to incorporate pedestrian facilities into new development and redevelopment in conformance with the Auburn City Code. TR-133: Pedestrian crossings shall be developed at locations wi th significant pedestrian traffic and designed to match pedestrian desire lines. DI.A
Page 15 September 21, 2011 TR-137: During the development review process, ensure projects are consistent with the Non-motorized chapter of the Comprehensive Transportation Plan by r equiring right-of-way dedications and other improvements as needed to develop the bicycle network. TR-138: Focus investments on and aggressively seek funding for the high priority futur e bicycle corridors, identified in Figure 3-4. TR-139: Encourage the inclusion of convenient and secure bicycle storage facilities in all large public and private developments. TR-147: Consider both the transit impacts and the opportunities pres ented by major development proposals when reviewing development under the State Environmental Policy Act. TR-148: Encourage the inclusion of transit facilities in new develo pment when appropriate. TR-151: Identify areas of concentrated transit traffic and i mpose design and construction standards that accommodate the unique considerations assoc iated with bus travel, such as street geometry and pedestrian linkages. Chapter 8, Economic Development Objective 9.1. Promote a diversified economic base capable of withs tanding changes in interest rates, inflation, tax structure and market conditions. ED-1 City promotion of new industry shall be directed at attra cting business that diversifies the City’s tax base, offers secure, quality em ployment opportunities, is sensitive to community values and promotes the development of att ractive facilities. ED-6 Revitalize depreciated and/or obsolete commercial and indus trial sites through innovative regulations that redesign the site in accordance with moder n design standards and industrial/commercial uses. ED-15 Implement the recommendations of the City’s 2005 Economic Devel opment Strategies brochure. ED-19 Utilize the future extension of I Street NE as an econom ic development opportunity. Development of I Street NE should establish it as stand alone corridor and not a “back side” to Auburn Way North. Conditional use per mit applications for commercial uses and nursing homes along this c orridor and whose impacts can be adequately mitigated should be supported. DI.A
Page 16 September 21, 2011 Chapter 9, The Environment EN-27 The City recognizes the important biological and hydrol ogical roles that wetlands play in providing plant and animal habitat, protecting wa ter quality, reducing the need for man-made flood and storm drainage systems, m aintaining water quality, and in providing recreational, open space, educational and cultural opportunities. The City will consider these roles and functions in a ll new development and will also pursue opportunities to enhance the exist ing wetland system when these multiple benefits can be achieved. EN-33 The City recognizes the important benefits of native vegetation in cluding its role in attracting native wildlife, preserving the natural hydrolog y, and maintaining the natural character of the Pacific Northwest region. Native vegetation can also reduce the use of pesticides (thereby reducing the amount of contaminants that may enter nearby water systems) and reduce watering r equired of non-native species (thereby promoting conservation). The City shall encourage the use of native vegetation as an integral part of public and priva te development plans through strategies that include, but are not limited to, the following: o Encouraging the use of native plants in street landscapes and in p ublic facilities. o Providing greater clarity in development regulations in how native plants can be used in private development proposals. o Pursuing opportunities to educate the public about the benefits of native plants. EN-57 The City shall seek to protect human health and safety and to minimize damage to the property of area inhabitants by minimizing the potenti al for and extent of flooding or inundation. EN-58 Flood prone properties outside of the floodway may be develo pable provided that such development can meet the standards set forth in the Nati onal Flood Insurance Program. Chapter 11, Parks, Recreation and Open Space PR-7 The City shall seek to retain as open space those area s having a unique combination of open space values, including: separation or bufferi ng between incompatible land uses; visual delineation of the City or a distinc t area or neighborhood of the City; unusually productive wildlife habitat; wet lands; floodwater or stormwater storage; stormwater purification; re creational value; historic or cultural value; aesthetic value; and educational value. DI.A
Page 17 September 21, 2011 Chapter 12, Urban Design UD-1 The City shall encourage development which maintains and i mproves the existing aesthetic character of the community. UD-3 Suitable natural and cultural features should be utilized to buffer surrounding land uses from industry and commercial uses. UD-7 Site design techniques and standards which allow development, but protect critical areas and other natural features, should be developed and implemented. Some of these techniques include, but are not limited to, planned unit developments or clustering. When these techniques are used, the deve lopment shall be required to be consistent, when appropriate, with developm ent surrounding the site. UD-9 The visual impact of large new developments should be a p riority consideration in their review and approval. UD-10 The City has established design review of multiple fa mily dwellings in order to maintain this housing option as a viable alternative near single family neighborhoods. The design guidelines should be reviewed periodically to maintain current planning trends and market demands. UD-26 Development along transit routes should include transit frie ndly designs within the project area. The Urban Design Plan should include a discuss ion of transit, bicyclist and pedestrian friendly design. Codes which encourage the se types of design should be developed and implemented in appropriate areas. Chapter 14, Comprehensive Plan Map Heavy Commercial Purpose: To provide automobile oriented commercial areas to meet bot h the local and regional need for such services. Description: This category is intended to accommodate uses which are oriented to automobiles either as the mode or target of providing the commer cial service. The category would also accommodate a wide range of heavier commercial uses involving extensive storage or heavy vehicular movement. Compatible Uses: A wide variety of commercial services oriented to automobi les are appropriate within this category. This includes automobile sal es and service, drive in restaurant or other drive in commercial business, convenience stor es, etc. Since these uses are also compatible with heavier commercial uses, lumber yards, small scale warehousing, contractor yards and similar heavy commercial uses are appropriate in this designation. DI.A
Page 18 September 21, 2011 Criteria for Designation: This designation should only be applied to areas which are highly accessible to automobiles along major arterials. Gene rally this category would characterize commercial strips. This zone is appropriate for the intersections of heavily traveled arterials, even if adjacent sites are best suite d for another commercial designation. Considerations Against Applying this Designation: Areas which conflict with single family residential areas or areas more suited for other uses . Whenever possible this category should be separated from all uses by extensive buffering. Appropriate Implementation: This category is implemented by the C-3 Heavy Commercial District. Northeast Auburn Special Plan Area : This special plan area covers the property east of Auburn Way North, west of the Green River, south of 277th (52nd Stree t) and north of approximately 37th Street NE. Several property owners in thi s area are interested in developing a master plan which will address, among other things, the follow ing issues: 1. I Street alignment and design 2. Storm drainage and other utility issues 3. Land use types and density 4. Financing necessary infrastructure improvements 5. The Port of Seattle’s wetland mitigation proposal Criteria for Designation: Additional Special Planning Areas may only be designated through amendments of the Comprehensive Plan. Appropriate Implementation: Plan elements establishing City policy regarding the development of the Special Planning Areas shall be adopted by amendment of the Comprehensive Plan, or shall be adopted concurrent with adoption of the Comprehensive Plan. Special Planning Area elements shall be implemented in the same manner as other elements of the Comprehensive Plan; that is, under the City's z oning and subdivision ordinances, development standards and public facilities programs. DI.A
Auburn Gateway Architectural and Site Design Standa rds September2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 2 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 TABLE OF CONTENTS 1.0 INTRODUCTION 1.1 PURPOSE OF ARCHITECTURAL AND SITE DESIGN STANDA RDS 1.2 ADMINISTRATION 1.3 ORGANIZATION 1.4 DEFINITIONS 2.0 URBAN DESIGN, SITE PLANNING, BUILDING CHARACTER ISTICS AND LAND USES 2.1 URBAN DESIGN AND SITE PLANNING POLICIES AND GOA LS 2.2 GENERAL BUILDING, SITE DESIGN STANDARDS AND COM PATIBILITY ISSUES 2.3 LAND USES 2.3.1 O FFICE U SE D ESIGN S TANDARDS 2.3.2 L ARGE P AD T ENANT R ETAIL /C OMMERCIAL D ESIGN S TANDARDS (50,001-230,000 SF) 2.3.3 M ID -S IZE T ENANT R ETAIL /C OMMERCIAL D ESIGN S TANDARDS (10,001-50,000 SF) 2.3.4 S MALL P AD T ENANT , C OMMERCIAL /R ETAIL /S ERVICES A ND D RIVE -T HROUGH D ESIGN S TANDARDS (1,000-10,000 SF) 2.3.5 M ULTI -F AMILY R ESIDENTIAL H OUSING D ESIGN S TANDARDS 3.0 TRANSPORTATION INFRASTRUCTURE 3.1 TRANSPORTATION RELATED DESIGN POLICIES AND GOAL S 3.1.1 I NTERNAL S TREET C IRCULATION D ESIGN S TANDARDS 4.0 PROJECT BOUNDARIES, ENTRY POINTS AND LANDSCAPIN G 4.1 PROJECT BOUNDARY, ENTRY POINT AND LANDSCAPING DESIGN POLICIES AND GOALS 4.1.1 P ROJECT B OUNDARY A REA AND E NTRY P OINT D ESIGN S TANDARDS 4.1.2 G ATEWAY D ESIGN S TANDARDS DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 3 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 TABLE OF CONTENTS CONT. 4.1.3 L ANDSCAPE H IERARCHY AND M ASTER P ALETTE D ESIGN S TANDARDS 4.1.4 W ALLS AND F ENCES D ESIGN S TANDARDS 5.0 PARKING AREA DESIGN 5.1 PARKING AREA DESIGN POLICIES AND GOALS 5.1.1 P ARKING A REA D ESIGN S TANDARDS 5.1.2 P ARKING A REA D ESIGN G UIDELINES 6.0 PEDESTRIAN / NON-MOTORIZED NETWORK FEATURES 6.1 PEDESTRIAN / NON-MOTORIZED NETWORK DESIGN POLIC IES AND GOALS 6.1.1 P EDESTRIAN / N ON -M OTORIZED N ETWORK D ESIGN S TANDARDS 6.1.2 P EDESTRIAN / N ON -M OTORIZED N ETWORK D ESIGN G UIDELINES 7.0 SITE LIGHTING 7.1 SITE LIGHTING DESIGN POLICIES AND GOALS 7.1.1 S ITE L IGHTING D ESIGN S TANDARDS 8.0 NATURAL AMENITIES AND RECREATION OPPORTUNITIES 8.1 NATURAL AMENITIES AND RECREATION DESIGN POLICIE S AND GOALS 8.1.1 N ATURAL A MENITIES AND R ECREATION D ESIGN S TANDARDS 8.1.2 N ATURAL A MENITIES AND R ECREATION D ESIGN G UIDELINES 9.0 MASTER SIGN PLAN 9.1 MASTER SIGN PLAN DESIGN POLICIES AND GOALS 9.1.1 M ASTER S IGN P LAN D ESIGN S TANDARDS DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 4 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDA RDS 1.0 INTRODUCTION Urban design can be an important tool in achieving goals for land use and development. The NE Auburn Special Area Plan provides an opportunity to achieve a high degree of design quality. Robertson Properties Group has helped to develop an d has committed to adhere to the Auburn Gateway Architectural and Site Design Standards, wh ich are more stringent than those required by zoning bulk regulations. These Auburn Gateway Arch itectural and Site Design Standards will implement the policy directives of the previously a dopted NE Auburn Special Area Plan (Ordinance No. 6183, June 2008). These policies are the basis of the City of Auburn’s expectations for the project a nd are included throughout the Standards at the beginn ing of each section. 1.1 PURPOSE OF ARCHTECTURAL AND SITE DESIGN STANDAR DS The Auburn Gateway Architectural and Site Design St andards, or the “Design Standards”, were originated by Robertson Properties Group (RPG) to a pply to their “Auburn Gateway project” and consists of the Auburn Gateway I and Auburn Gateway II project areas that are described in the Final Environmental Impact Statement (EIS) and EIS addend um. The Auburn Gateway project consists of approximately 70 acres. These Design Standards are meant to supplement and work in conjunction with the Auburn City Code (ACC) and any other regul atory codes and standards that are referenced with the ACC. These Design Standards apply in lieu of t he City of Auburn’s ‘Multi-Family & Mixed-Use Developments Design Standards’, adopted July 12, 20 10, which are not applicable to the Auburn Gateway project. The Design Standards were originated to fulfill thr ee main purposes. First, the purpose of the Design Standards is to establish the design and developmen t requirements that will guide the quality of development of a specific area within the City of A uburn in compliance with the comprehensive plan and specifically the NE Auburn Special Area Plan, a subarea or neighborhood plan of the city’s comprehensive plan. Second, the purpose of the Design Standards is to e stablish the enhanced design and development requirements that will guide the quality of develop ment to demonstrate that the city code criteria is met as required for the approval of development agr eements. The city code section that addresses city council approval of a development agreement an d to which the project is vested , requires demonstration of the use of enhanced design feature s to provide building and site design that complements surrounding land uses, the project envi ronment and is reflective of quality site planning, landscaping and building architecture. Third, the Design Standards were developed to demon strate the quality of site planning, landscaping and building architecture for the purpose of evalua ting aesthetic impacts under the Environmental Policy Act (SEPA, WAC 197-11). The Design Standard s were originated by RPG prior to preparation of DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 5 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 the Draft and Final Environmental Impact Statements to serve as the baseline for assessing the potenti al significance or insignificance of visual impacts re sulting from the Auburn Gateway Project. The Desig n Standards were subsequently revised at the time of preparation of the EIS addendum. The Design Standards are primarily intended to addr ess architectural and site design and not conflict with or supersede the dimensional standards typical ly found in the zoning code or to apply to public o r private infrastructure-type improvements, except wh ere design of one element influences the other. Because it is expected that development will genera lly span 15 years from site planning to constructio n and occupancy, to agree with the term of the develo pment agreement for the Auburn Gateway Project, the Design Standard’s general goals are intended to ensure that development will achieve the following : • Establish a coordinated, unified and identifiable v isual character around and throughout the developme nt and development phases in both building and overall site design. • Allow an innovative and flexible balance between al l intended land uses. • Convey a sense of permanence, attention to detail, quality and investment. • Establish a strong pedestrian oriented core, with e fficient vehicular circulation. • Address the need for protection and enhancement of critical areas. • Guide the bulk and scale of buildings so that build ings of different uses relate to one another and do not appear incongruent. The Auburn Gateway is an entry point to the City of Auburn and as such should both visually announce the transition into the city limits while inviting vehicles and pedestrians originating locally and fr om the vicinity to enter along clearly marked paths that h ave a purpose and destination. Ultimately, the Cit y envisions a sustainable mixed-use development that draws visitors to it and also encourages flow through to the center of the City. The Design Standards are intended to capitalize on the existing strengths and future opportunities in order to prescribe and address aesthetic issues and thereby create a vibrant mix of commercial, office and residential. This development will be linked w ith neighboring sites by a network of pedestrian walkways and plazas supported by adequate vehicular circulation to flow smoothly through and around the site, while giving priority to pedestrian safet y within the development core. The Auburn Gateway project is proposed to consist o f a mix of retail, office, and multifamily resident ial uses. Development in this area will include new roa ds and utilities, surface parking, stormwater detention and water quality facilities. The land u ses of the future development are intended to be responsive to the market and the various land uses involved in the Auburn Gateway project may include up to 720,000 square feet of retail development, 1,600,000 square feet of office, 500 multi-family residences, and supporting parking. The primary focus will be the development of tradit ional mid-size to large pad tenant retail uses that have parking in front of the buildings and where ap propriate between the buildings and streets, in DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 6 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 combination with other mutually supporting uses. T he Design Standards presents a guide for the following five main land uses that may be used in a ny combination of phased portions of this project: • Office development (medical/dental or other profess ional offices) • Large pad tenant retail/commercial uses (50,001 squ are feet – 230,000 square feet) • Mid-size tenant retail/commercial uses (10,001 squa re feet – 50,000 square feet) • Small pad tenant, in-line shop tenants and drive-th rough commercial/retail services ( 1,000 square fee t – 10,000 square feet) • Multi-family residential housing over other first f loor uses. 1.2 ADMINISTRATION Design standards are meant to be administratively a pplied by the Planning Director or designee and interpreted to provide flexibility and creativity. The Design Standards are intended to be administer ed and implemented in accordance with the City's Desig n Standards Plan Review process as described in Auburn City Code Section 18.31.200. City code sect ion 18.31.200 will require a text amendment to broaden the scope beyond its current language which refers to a single set of design standards applicable only to Mixed Use and Multi-Family Resid ential, and to acknowledge an additional unique set of design standards that apply to this specific por tion of the city: the Auburn Gateway project area. After amendment, this code section will provide the applicability, exemptions, purpose, review standards, submittal requirements and the process f or adjustments of the design approvals. As these Design Standards will apply to a project t hat is intended to be developed in phases over a generally 15-year period, the Design Standards will likely need to be adapted to changing market conditions and construction techniques and may requ ire additional amendment over this period of time. The Design Standards document may be amended upon a pproval by the Planning and Development Committee of the Auburn City Council after staff re commendation. The Design Standards are meant to be supplemental t o and work with the zoning requirements of Auburn City Code Chapter 18.31, C4 Mixed Use Commer cial Zoning District. The authority for these Standards will be applied through a development agr eement between RPG and the City of Auburn and will apply to properties with the Auburn Gateway pr oject area. The Design Standards are intended to be adopted by reference within the code section imp lementing the development agreement. A copy of the Design Standards shall be maintained on file by the city clerk. 1.3 ORGANIZATION This manual is organized into nine chapters that de al with the following elements: Chapter 1. Project introduction; Goals and Administ ration of the Architectural and Site Design Standar ds; and Definitions and other overarching functions. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 7 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 Chapter 2. Urban design, site planning, building ch aracteristics of all anticipated land uses on the p roject site. Chapter 3. Transportation infrastructure, outlining vehicular and pedestrian mobility requirements. Chapter 4. Project boundaries and entry points, how the site is defined and accessed. Chapter 5. Parking area design and landscape needs, separation from pedestrian uses and relation to bu ildings. Chapter 6. Pedestrian network features; connectivit y to surroundings and throughout the site. Chapter 7. Site lighting standards and performance requirements. Chapter 8. Natural amenities and recreational oppor tunities. Chapter 9. Master Sign Plan Within each of these chapters the manual is organiz ed into the following sections: • Policies and Goals – This section contains the poli cy statements and goals that form the basis of the directives and expectations for the project • Design Standards – This section contains the requir ements for design of the project that will be implemented. These are generally denoted by the word: “shall”. • Design Guidelines – This section contains design co nsiderations for the project. These are expressed as considerations where the applicant is requested to give strong consideration to the guideline, and implement the guideline, if feas ible and appropriate. These are generally denoted by the word: “should”. Within the document photos and drawings are provide d for illustrative purposes to convey graphically the intent of the standards and guidelines. 1.4 DEFINITIONS The following terms are used to describe certain el ements of site design and building architecture and are generally defined as stated. Terms used in the Design Standards but not defined here shall have th e same meaning as that contained in the Auburn Compre hensive Plan or Zoning Ordinance. articulation Variation in depth of the building plane, roof, mat erials and/or height of a structure that breaks up a plain, monotonous area and creates patterns of light. balance An aspect of rhythm achieved by matching different symmetrical and asymmetrical elements which when perceived as a whole display ha rmony or equilibrium. berm A mound or wall of earth that may be landscaped to create a screen or barrier. bikeway A term that encompasses bicycle lanes, bicycle path s, and bicycle routes. bollard A raised planter; a type of light standard; or, a s tructure that prohibits vehicle access to a pathway or other area. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 8 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 buffer/buffering The act of softening or mitigating the effects of o ne use on another. Usually achieved by a combination of distance, landscaping or physical barriers. character Special physical features of a structure or area th at set it apart from its surroundings and contributes to its individuality. column A vertical shaft or pillar that supports, or appear s to support, a load. compatible Projects that give the appearance of existing toget her without conflict with respect to site, architecture and landscaping design. cornice A decorative horizontal member or top course that c rowns a wall or architectural composition. courtyard An area wholly or partly surrounded by walls or bui ldings. design To create, fashion, and arrange elements or details . The creation and execution of aesthetic and functional elements. eaves The lower border of a roof that overhangs the wall. emphasis The use of different elements, features and pattern s, including landscaping, to call attention to a feature or place such as a building entrance or focal point. façade The exterior face of a building. fascia A flat board with a vertical face that forms the tr im along the edge of a flat roof, or along the eaves of a pitched roof. The rain gutter is often mounted to it. fenestration The arrangement and design of windows and doors in a building. footprint The outline of a building at all of those points wh ere it meets the ground. gable The portion of an end wall or truss of a building e nclosed by the sloping ends of a pitched or gable roof. In the case of a pitched roo f this takes the form of an isosceles triangle that forms the entire end, or the upper ha lf of the end, of a gable roof. gable roof A double sloping roof that creates a gable at each end. hip roof A roof having four uniformly pitched sides. landscaping The planting of trees, shrubs and groundcovers that have been suitably designed, selected, installed and maintained so as to permane ntly enhance a site or roadway. louver An opening provided with one or more slanted fixed or movable fins to allow flow of air but to exclude rain or sun. mansard roof A roof with two slopes on each side, the lower slop e being much steeper. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 9 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 marquee A roof-like structure made of solid materials, proj ecting over an entrance to a building and connected to the wall with no columnar support. The front of the marquee is often hung from chains or rods extending out from the face of the building. masonry Wall construction materials such as stone, brick, a dobe and concrete. mass/massing The physical bulk or volume of a building. In archi tectural terms, a single-mass building is a single geometric form such as a recta ngle or square, and may include a simple roof form with no variation in the roof line . “Massing” refers to variation in the mass and may involve multiple masses joined tog ether. mixed-use development A single unified development that incorporates the planned integration of two or more different land uses consisting of some combina tion of office, light industrial, hotel, retail, entertainment, public uses, and resi dential uses. Mixed-use development may be vertically oriented in one or mo re buildings, or geographically distributed on a development site. When geographica lly distributed, the different uses may be constructed concurrently or in separate phases, and should incorporate common and/or complimentary features and/or element s such as pedestrian walkways, access driveways, parking areas, architec tural themes, or other techniques that provide integration between uses on the site. modulation - building A measured and proportioned inflection or setback i n a building’s footprint. modulation - façade Architectural techniques and elements used that can add interest to a blank wall. It includes such things as using different types of wi ndows and incorporating decorative features like tile or trim work. multi-family Multi-family residential housing over other first floor uses. palette In building architecture, the set of colors to be u sed on a particular building or group of buildings. In landscape architecture, the set of planting materials to be used in the landscape design. parapet The part of a wall that rises above the edge of the roof. pattern The arrangement of building materials or features i nto a pattern designed to add texture, scale, balance and/or character to a build ing. pedestrian scale The relating of the structures and features in the built environment to the size of a person. pitch The angle of a roof pitch, usually expressed as a r atio of units of vertical distance to 12 units of horizontal distance. For example, 8/12 means eight units of vertical rise to every 12 units of horizontal run. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 10 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 proportion The relationship between elements taken as a whole or in comparison to each other. Often expressed as a ratio. public multi-space A publicly accessible gathering place, plaza, or pe destrian-oriented space associated with commercial development or high density, urban, multi-family development. roof-mounted equipment Heating and air conditioning units or other mechani cal equipment mounted on the roof of a building. scale The measurement of the relationship between objects . Usually expressed in terms of a building or element possessing human or pedestria n proportions. Also refers to the relationship between different architectural elemen ts of a building and their relationship to the building itself. sculpture A three-dimensional artwork created by shaping hard or plastic material, commonly stone (either rock or marble), metal, or wood. setbacks The depth of a yard area bounded on opposite sides by lot lines along the span of a parcel within which no building or structures may b e permitted except as required for public utilities, unless specifically permitted by the Zoning Code. shall/should Where a standard is prefaced by the word “shall,” c ompliance with that standard is mandatory. Where the word “should” is used, the app licant is requested to give strong consideration to that guideline. streetscape The appearance achieved along a street (public or p rivate) from implementation of a comprehensive, unified landscape plan requiring sim ilar landscape components and elements between adjacent parcels. texture The surface characteristics of the exterior facade of a building created through the use of similar or differing materials and patterns usually expressed in terms of softness, smoothness or roughness. trellis A frame or latticework used as a screen or as a sup port for climbing plants to create a screen. urban design The practice of giving form, beauty and function to an area or portion of the city through the establishment of guidelines that expres s a concern for the location, mass, design, and appearance of various urban compo nents. view corridor The line of sight with respect to height, width, an d distance of an observer. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 11 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 2.0 URBAN DESIGN, SITE PLANNING, BUILDING CHARACTER ISTICS AND LAND USES The purpose of this section is to encourage site pl anning and building massing that is conducive to a retail/commercial focus and visual c haracter, while designing comfortable human-scale environments for the full complement of land uses on the site. 2.1 URBAN DESIGN AND SITE PLANNING POLICIES AND GOA LS The aim of the following urban design and site plan ning goals is to allow flexibility of any combination of land uses that supports a vital shop ping and pedestrian environment. Design standards for each land use are intended to relate to one another, providing a cohesive unified appearance to the development. General goa ls, common to the entire mixed-use project, are to: A. Site planning and building massing should be conduc ive to a retail/commercial focus and visual character, and comfortable human-scale environments should be incorporated within all land uses in the planning area. (Policy NE-50) B. A visually friendly frontage with “street appeal” f or passersby on major streets (South 277 th Street, D Street NE, I Street NE, 49 th Street NE, and Auburn Way North) should be develop ed. (Policy NE-51) C. Building and/or landscape forms should be articulat ed as focal points, and major site entrance points should be framed. (Policy NE-52) D. The building characteristics and landscape design s hould include themes that unify the site character across multiple phases of development. (Policy NE-5 3) E. Landscape plantings should be used to reduce the vi sual impact of open parking areas and loading, service, and storage functions. (Policy NE-54) F. Multifamily development should be of high-quality d esign, create a sense of community and synergy between land uses, and include active- and passive-use open space appropriate for use by all age groups. (Policy NE-55) G. Create a site plan that defines the Auburn Gateway project as a clearly recognizable and distinct urban landmark. H. Assemble buildings and land uses in a harmonious as sociation of mutually compatible uses, to encourage a sustainable relationship between land u ses and circulation to reduce automobile dependency and promote pedestrian mobility. I. Define a clearly recognizable on-site pedestrian an d vehicular circulations system. J. Facilitate connections to regional mass transportat ion and recreational bicycle routes. K. Develop a family of architectural styles, massing, colors and textures reflective of local contemporary design to tie the buildings and site t ogether. As development occurs over time, each subsequent phase shall be reviewed for consist ency with design compatibility to existing development. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 12 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 L. Provide for continuity of landscape themes, and use landscape plantings to unify the site character and reduce the visual impact of open parking areas. M. Provide a gradual visual and environmentally approp riate transition from developed areas to natural areas. Pedestrian plazas, pathways and lan dscaping elements along with scale of features can aid in transition from more intense public uses to less intensive uses. N. Avoid pedestrian and vehicle conflicts by emphasizi ng pedestrian orientation and safety. 2.2 GENERAL BUILDING, SITE DESIGN STANDARDS AND COM PATIBILITY ISSUES New commercial buildings shall provide architectura l relief and interest, with emphasis at the building entrances and along walkways, to promote a nd enhance a comfortable pedestrian scale and orientation. Attention to detail can sig nificantly increase the compatibility of commercial development with adjacent uses. To accomplish building relief and interest the proj ect design shall: A. Provide a vehicular and pedestrian framework about which buildings and land uses are arranged to create overall site character and sense of place. B. Provide entrances to buildings that face the site i nterior and parking areas. C. Provide pedestrian walkways differentiated by textu re and/or color so that there is a clear separation of pedestrian from vehicular traffic. F IG . 2.2 Incorporating ground floor windows for transparency along pedestrian walkway to a main entry. Upper floor windows continue similar character. D. Fronts of buildings shall face main walkways and be embellished with coordinated street furniture. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 13 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 E. Create main pedestrian connection corridors between businesses, parking areas and other land uses. F. Incorporate ground floor windows, transparency or o ther architectural elements along frontages adjacent to walkways. The main front elevations of buildings shall provide a minimum of 20% of the length of the frontage in transparency at the p edestrian level. Functional characteristics of the intended use shall be taken into consideration when evaluating proposed elevations for transparency. When transparency is not feasible, a ppropriate substitutions such as additional articulation or use of opaque window-like features that promote pedestrian interest, shall be used. G. Design any upper floor windows to continue the vert ical and horizontal character of the ground level windows as proposed uses allow. H. Walls shall include a combination of architectural elements and features such as offsets, pilasters, windows, entry treatments, awnings, colonnades, tre llises or other similar elements, and a variation in materials and colors. Blank walls sha ll be minimized. Pedestrian amenities and landscaping may also be used to help break up the a ppearance of blank walls. I. Walls that are typically the back or service side o f a commercial or office building shall be treated with emphasis on screening unsightly back of the bu ilding functions that are within the public view. Any undesirable impacts produced on the site, such as noise, glare, odors, dust or vibrations shall be adequately screened from public view and adjacen t properties. J. Unsightly exterior improvements and items such as t rash receptacles and mechanical devices shall be screened either by walls, fencing or landscaping . Roof top equipment shall be treated so if visible shall appear as if part of the building. L andscaping may be used as a ground-level screening element if dense enough to properly scree n the activity from public viewing areas. K. On-site loading facilities shall provide sufficient square footage and number to adequately handle the delivery or shipping of goods or people. L. Group loading/delivery and service related function s close to those of adjacent buildings where possible to reduce areas dedicated to service and m aximize parking capability and landscape areas. M. The project shall provide a variety of urban-style, publicly-accessible open spaces or “public multi-spaces” associated with the commercial develo pment. Such spaces shall range in size and purpose and be designed, constructed and maintained for the enjoyment primarily by users of the retail, service and professional offices uses. The open spaces shall be an integral part of the overall development design, not merely leftover spa ce and clearly defined and distinguished from parking areas and walkways. The open spaces shall include pedestrian-oriented amenities such as trees, shrubs, pathways, sculpture, benches, bike r acks, and water elements. N. The urban-style, publicly-accessible open spaces or “public multi-spaces” associated with the commercial development shall be appropriately locat ed within the project site, along major pedestrian corridors linking to walkways and sidewa lks. Where possible, such features shall be located adjacent to wetland buffers, stormwater man agement or natural areas to take advantage of visual accessibility when such proximity does no t compromise the function of the wetland buffers, stormwater management or natural areas. O. Develop and implement a coordinated hierarchy of la ndscape themes and design to tie the buildings and site areas and phases together. In a ddition to landscape palette, elements to be coordinated will include site furniture, pedestrian and bicycle pathway design, alternative pavement treatments, lighting, critical area fencin g, etc. As development occurs over time, each subsequent phase shall be reviewed for consistency with landscape design compatibility to existing development. P. Landscaping shall include retention of existing veg etation where appropriate, and in new plantings include the use of drought tolerant plant materials native to the pacific northwest or well-adapted to the climate and avoid the use of invasive or nui sance plants. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 14 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 Q. Landscaping shall be coordinated with all site util ity elements such as power lines, underground lines, transformers, meter boxes, and fire protecti on devices to effectively diminish the visual impact of such utility elements while ensuring sigh t distance for pedestrian and vehicular safety and the long-term viability of the landscaping. 2.3 LAND USES This section defines the categories of land uses an d presents design standards for these categories of land uses that may be used in any com bination of phased portions of this project. A. Office development (medical/dental or other profess ional offices) B. Large pad tenant retail/commercial uses (50,001-250 ,000 square feet gross floor area) C. Mid-size tenant retail/commercial uses (10,001-50,0 00 square feet gross floor area) D. Small pad tenant, in-line shop tenants and drive th rough commercial/retail services (1,000-10,000 square feet gross floor area) E. Multi-family residential housing as allowed within the upper story of multi-story buildings, except for necessary support functions which can be locate d on the ground floor. 2.3.1 O FFICE U SE D ESIGN STANDARDS Offices are needed for the provision of professiona l services and businesses to the community. Buildings shall adhere to the following: A. Office buildings may be single use structures, o r have a combination of office and retail functions on the ground floor, with offices on uppe r floors. B. Orient front doors toward the site interior, ped estrian zones and parking. C. Articulate entries through the use of architectu ral features such as overhangs. D. Upper floor windows shall continue similar horiz ontal and vertical character of the ground floors. E. The rear and sides of office buildings shall hav e articulation, architectural features and fenestration to provide aesthetics and visual inter est. F. Accentuate building presence by highlighting wit h formal landscape themes around the base of the building perimeter. G. Provide roofs, canopies or other forms of weath er protection at main building entries. 2.3.2 L ARGE P AD T ENANT R ETAIL /C OMMERCIAL D ESIGN S TANDARDS (50,001-230,000 SQUARE FEET GROSS FLOOR AREA ) Large retail tenants are destinations that are regi onally focused due to the diversity of goods and material contained in one location. As such they a re necessarily automobile oriented. However, to reduce automobile reliance within the site by custo mers, site layout and building design shall focus o n minimizing walking distance and providing for pedes trian needs and comfort over vehicles. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 15 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 F IG . 2.3.2 A Highlight main pedestrian entrances and destination s to be clearly visible from other site locations. A. Orient buildings so entry doors are closest to the incoming internal street. Main entrances shall be clearly identifiable from a dist ance to facilitate navigation. B. Individual buildings shall have horizontal and ver tical modulations both in relief and material changes for visual interest and aesthetic diversity. (Refer to Table 2.3.2). Wall and parapet modulation, design features and architectur al detailing can be combined to break up long walls and reduce the appearance of large bu ilding massing. Horizontal setbacks and vertical step-backs provide for landscaping, li ght and pedestrian resting/gathering areas along pedestrian corridors. C. Walls over 60 feet in length shall provide breaks i n the wall plane either by modulating the building footprint or providing feature elements in order to provide visual relief from the horizontal length. Design elements and features sh all be proportionate to the scale and size of the building. T ABLE 2.3.2 W ALL A RTICULATION FOR L ARGE P AD T ENANT R ETAIL , 50,001 – 230,000 SQUARE FEET Building Feature Distances Material Appearance/Finish Principal Façade 60 foot maximum length shall be allowed without articulation. Provide 3-dimensional elements for at least 50% of the overall façade. Colonnades shall cover at least 6 feet of the walkway at storefront window space for shelter, shade and lighting. Include pedestrian amenities along front façade and connecting pedestrian pathways. Shall have variety of visually and tactilely different materials up to 20 feet height. Change materials from one building to another within a range of compatible materials for consistency. Shall have homogenous finish, with scoring patterns and/or material changes. Weather protection for pedestrians that is integral to the building design shall be provided along the façades that are convenience routes, where appropriate. Building Entrances Highlight entrances with vertical change of at least 4 feet higher than average wall height. Building may be Entrances shall have architectural elements significantly different than the rest of the wall space, and may use a DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 16 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 articulated forward or back to accentuate entrance, but maintain required width of walkways. Use second story-like or clear story features at building entrances or street intersections to provide a transition between single story and multi-storied buildings. large roof covering for entrances, which shall provide adequate weather protection. Columns, canopies, or other architectural features may be used on either side of the entry canopy to “announce” the presence of a store entry. Higher quality material, such as tile, brick, or heavy timber, etc., shall be used at these architectural features. Secondary Façades (walls facing Primary Public Streets) Horizontal articulation shall be same as for Principal Façades, allowing for landscaping and pedestrian access. Continue articulation with window elements, trellis, awnings, or other wall material finishes to provide building interest, for at least 30% of the length of the façade. Side Entrances facing Primary Public Streets Shall be a scaled down version of main front door entry treatment. Shall be a scaled down version of main front door entry treatment. Rear building walls facing Primary Public Streets As much as possible, modulate and articulate building walls and parapet li ne to break up large planes of walls. Screen from public viewing areas with landscaping. Utilize scoring patterns and/or material changes rather than building exterior color changes alone. Continue any multi-color or multi-finish scheme around building to include the rear. Mechanical, trash, storage and loading facilities shall be screened when facing a Public Street If on grade, screening walls shall be constructed of the same materials as the building and attached to the building, a minimum 8 feet high. For mechanical units on building roofs, locate at perimeter if obscured by parapet walls or locate away from edges of wall out of sight lines from parking areas, and public roads. Screening walls shall be provided if units are visible from street rights-of-way or parking areas. Material shall be compatible with chosen building finishes. Chain link fencing shall not be used. Brick, CMU, wood fencing, ornamental steel may be used as screening. Landscape planting shall be used as additional screening. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 17 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 F IG . 2.3.2 B Landscaping shall screen service areas from public view. 2.3.3 M ID -S IZE T ENANT R ETAIL /C OMMERCIAL D ESIGN S TANDARDS (10,001-50,000 SQUARE FEET GROSS FLOOR AREA ) Mid-size commercial and retail buildings serve diff erent needs of customers than large scale tenants. Mid-size retail centers can include books tores, grocery stores, clothing, gardening supplies and hardware. The Design Standards for th ese stores are similar to those for large size retail/commercial tenants. Mid-size retail ma y function as standalone buildings or be attached to a larger retail/commercial building. T ABLE 2.3.3 W ALL A RTICULATION FOR M ID -SIZE , T ENANT R ETAIL AND D RIVE T HROUGH , 10,001 – 50,000 SQUARE FEET Building Feature Distances Material Appearance/Finish Principal Façade 30 foot maximum length shall be allowed without articulation. Provide 3-dimensional elements for at least 50% of the overall façade. Colonnades shall cover at least 6 feet of the walkway at storefront window space for shelter, shade and lighting. Shall have variety of visually and tactilely different materials up to 16 feet height. Change materials from one building to another within a range of compatible materials for consistency. Shall have homogenous finish, with scoring patterns and/or material changes. Weather protection for pedestrians that is integral to the building design shall be provided along the façades that are convenience routes, where appropriate. Building Entrances Highlight entrances with vertica l change of at least 2 feet higher than Entrances shall have architectural elements significantly different than the DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 18 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 average wall height. Building may be articulated forward or back to accentuate entrance. rest of the wall space, and may use a large roof covering for entrances. Columns, canopies, or other architectural features may be used on either side of the entry canopy to “announce” the presence of a store entry. Higher quality material, such as tile, brick, or heavy timber, etc., shall be used at these architectural features. Consider second story-like features at building entrances or street intersections to provide a transition between single story and multi-storied buildings. Secondary Façades (walls facing Primary Public Streets) Horizontal articulation shall be same as for Principal Façades, allowing for landscaping and pedestrian access. Continue articulation for at least 30% of the length of the façade. Continue articulation with window elements, trellis, awnings, or other wall material finishes to provide building interest, for at least 30% of the length of the façade. Side Entrances facing Primary Public Streets Shall be a scaled down version of main front door entry treatment. Shall be a scaled down version of main front door entry treatment. Rear building walls facing Primary Public Streets As much as possible, modulate and articulate building walls and parapet line to break up large planes of walls. Screen from public viewing areas with landscaping. Utilize scoring patterns and/or material changes rather than applied building exterior color changes alone. Continue any multi-color or multi-finish scheme around building to include the rear. Mechanical, trash, storage and loading facilities. If on grade, screening walls shall be a minimum 8 feet high. For mechanical units on building roofs, locate at perimeter if obscured by parapet walls or locate away from edges of wall out of sight lines from parking areas, and public roads. Screening walls shall be provided if units are visible from street rights-of-way or parking areas. Material shall be compatible with chosen building finishes. Chain link fencing shall not be used. Brick, CMU, wood fencing, ornamental steel may be used as screening. Landscape planting shall be used to screen these areas. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 19 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 F IG . 2.3.3 A Pedestrian Pocket F IG . 2.3.3 B Retail development illustrating wall articulation, entry treatment, and wall height variation. 2.3.4 S MALL P AD T ENANT , C OMMERCIAL /R ETAIL /S ERVICES A ND D RIVE -T HROUGH D ESIGN S TANDARDS ( 1,000 – 10,000 SQUARE FEET GROSS FLOOR AREA ) Small pad tenants include restaurants, banks or spe cialized offices and commercial retail functions, such as dentists, vision stores, drugsto res, bakeries, restaurants, specialty clothing shops, and neighborhood services. Small pad retail /commercial functions also include drive-through services such as banks with outdoor a utomatic teller machines, pharmacies, drive-through beverage and fast food services. A. As much as possible, all drive-through and small pad tenants shall be connected to each other in the pedestrian network and front onto main walkways. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 20 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 B. Drive-through lanes shall work with pedestrian a nd automobile flow so as not to generate conflicts, and be clearly visible at select locatio ns to prevent criminal activity from happening in the drive through lane areas. C. Where two drive-through facilities are within 10 0 feet of each other and both of a restaurant type use, coordinate an outdoor seating plaza between them in order to form a terminus to pedestrian walkways. (See figure 2.3.4) D. Where drive-through lanes are visible from publi c streets or private main roads, a low wall 3 feet high with adjacent landscaping shall be prov ided to break up the impact of vehicular stacking at the drive through window. F IG . 2.3.4 Plazas such as this one can unify the pedestrian an d landscape themes between two small pad businesses and act as a terminus for a major pedestrian connector to larger retail tenants. Connection to the urban trail sys tem can make this place a stopping point for recreational users. 2.3.5 M ULTI -F AMILY R ESIDENTIAL H OUSING D ESIGN S TANDARDS The design standards applicable to multi-family hou sing are intended to set threshold standards for quality designs in new multi-family d evelopment. Good design results from buildings that are visually compatible with one ano ther and adjacent neighborhoods and contribute to a residential district that is attrac tive, active and safe. Multi-family housing within the Auburn Gateway is l imited to residential that is located on floors above other uses in a mixed-use setting and provides a vital component of pedestrian and customer activity as an important economic part of the development. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 21 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 General design standards for multi-family housing a re as follows: A. Entrances to housing units shall be separated from first floor uses and clearly identifiable as private entities, unless there are demonstrated ben efits from shared entrances. B. Articulate buildings and textures to be reflective of a Northwest style of architecture reminiscent of local contemporary projects that hel p mitigate the impact of large developments. C. Common walkways shall connect to parking areas, and nearby internal open space for passive and active recreation opportunities. D. For Multi-family developments, an area shall be per manently established as common outdoor open space which could be at grade level or be a ro oftop element. It should be of adequate size and shape, and located to be functional for li ght recreation and relaxation. It is not the intent to provide formal playfields or play structu res within the Auburn Gateway development. F IG . 2.3.5 Edging gardens, fence, landscape features. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 22 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 3.0 TRANSPORTATION INFRASTRUCTURE The purpose of the transportation infrastructure se ction is to ensure an efficient and logical layout of roads and pedestrian linkages that makes egress and ingress easy for customers and visitors to the site. The transportation network p roposed defines the skeleton of circulation around which the site development is arranged, and the project boundaries are defined. 3.1 TRANSPORATION RELATED DESIGN POLICIES AND GOALS A. Develop a clear hierarchy of road systems that prog resses from major public thoroughfares to intimate pedestrian-scale roads to internal roads s erving parking areas and site uses. (Policy NE-56) B. Provide for bus zones and pedestrian and bicycle tr avel in a safe manner. (Policy NE-57) C. Satisfy access requirements for solid waste handlin g, utility, police, fire, and emergency personnel. (Policy NE-58) D. Provide a logical sequence of entry and egress to t he site, with traffic calming measures to reduce potential accident hazards. E. This development will be linked with neighboring si tes by a network of pedestrian walkways and plazas supported by adequate vehicular circulation to flow smoothly through and around the site, while giving priority to pedestrian safety. 3.1.1 I NTERNAL S TREET C IRCULATION D ESIGN S TANDARDS Internal streets are the finer grain of vehicular t raffic that brings visitors and customers to their destinations and provides egress from the site. Th is is the interface between pedestrian and vehicula r traffic that is found between parking areas and the site buildings. Internal streets shall provide: A. Pedestrian and vehicular traffic separated by lands caped strips with shrubs, ground covers and trees. B. Pedestrian areas shall be distinguished by a change in pavement to scored concrete, concrete unit pavers, or some other surface treatme nt at major intersections of internal streets (at entry to large retail tenants, for exam ple). C. Driveways shall be aligned where possible. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 23 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 4.0 PROJECT BOUNDARIES, ENTRY POINTS AND LANDSCAPIN G The purpose of this section is to establish a clear sense of place that defines the site’s distinct character for instant recognition for visitors and customers. Boundary definition and entry points are to establish clear edges and set up a hi erarchy of spaces that delineate areas of ownership and progression from public areas to priv ate ones. 4.1 PROJECT BOUNDARY, ENTRY POINT AND LANDSCAPING DESIGN POLICIES AND GOALS A. Establish a clear “sense of place” that defines the distinct character of the Auburn Gateway project area through a unified approach to boundary and ent ry design. (Policy NE-59) B. Clearly signify major entrance points to the Auburn Gateway project area and to subareas within the project area by means of features such as prominent architectural or artistic landmarks. (Policy NE-60) C. Define differences in land uses within the Auburn G ateway project area. (Policy NE-61) D. Develop hierarchies of spaces from public to privat e spaces to delineate areas of ownership and responsibility. (Policy NE-62) E. Protect property values and unify the Auburn Gatewa y project area by means of a consistent building character and landscape theme. (Policy NE-63) F. Screen unsightly views from public areas by a combi nation of walls, landscape planting, screening and/or use of building massing. (Policy NE-64) G. Identify an interconnected system of bicycle and pe destrian pathways around the perimeter of the Auburn Gateway project area, linking to natural are as and the regional trail system. (Policy NE-65) 4.1.1 PROJECT B OUNDARY A REA A ND E NTRY P OINT D ESIGN S TANDARDS A. Identify strategic site entrances with architect urally and artistically attractive place markers visible from roads to orient customers and visitors . B. Separate land uses by means of landscape buffers both for screening and for boundary definition. Native plant species for wildlife value in buffers is encouraged. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 24 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 F IG . 4.1.1 A This multi-family development entry clearly defines the site boundary by landscaping and walls. C. Develop combined bicycle and pedestrian pathways along the development edges, combining use of berms, street trees, landscaping, grass area s, and paved paths for use by bicyclists and pedestrians within the public right of way or by ea sement on private property. F IG . 4.1.1 B Urban trail. Note the separation between automobile traffic, pathway and building. D. Frame views to destination points by hedging, sh ade and street trees, and identify strategic entry points with decorative colorful landscaping, art, water features, and signage. E. Screen service functions of buildings with everg reen tree screens, foundation plantings, screen walls or fences to define boundaries between public and private spaces. F. Create resting areas (benches, special pavement treatments) and shade trees, landscaping for pedestrians along walkways, and at exterior corners of buildings. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 25 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 4.1.2 G ATEWAY D ESIGN S TANDARDS To distinguish primary entrances to the project and by extension, entrances to the City, special design features and architectural elements at these entrances or gateways shall be provided. While gateways should be distinctive within the con text of the project, they should also be compatible with the project in form. A. To implement the policies and goals, the project sh all implement the following elements: 1. Buildings or features located at entrances or ga teways shall be marked with visually prominent features that give height and connectivit y transitioning from single-story to multi-story buildings that could be developed withi n the project. 2. Gateway elements shall be oriented toward and de signed for both pedestrians and vehicles. 3. Visual prominence shall be distinguished by two (2) or more of the following: a. Special landscape treatment b. Open space/plaza c. Landmark-type building forms, such as feature el ements projecting above parapets or roofs; d. Special paving, unique pedestrian scale lighting , or bollards; e. Prominent architectural features (trellis, arbor , pergola, or gazebo); f. Neighborhood or district entry identification fe ature. B. Development that occurs at gateways shall be distin guished with features that visually indicate to both pedestrians and vehicular traffic the uniqu eness and prominence of their locations in the City. Examples of these types of features inclu de monuments, public art, and public plazas. F IG . 4.1.2 Visually prominent features to give height and conn ectivity transitioning from single-story to multi-s tory buildings. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 26 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 4.1.3 L ANDSCAPE H IERARCHY A ND M ASTER P ALETTE D ESIGN S TANDARDS Identify major and minor entrances into the project with architecturally and artistically attractive p lace markers or gateway-type features visible from roads to orient customers and visitors. To implement the policies and goals, the project shall include t he following elements: A. Major gateways shall clearly highlight the identity of the development site, and shall include a combination of at least (2) of the following featur es: 1. Decorative stone wall/rock work, sufficient in s ize to be visible from adjacent roads. 2. Flag poles, flags. 3. Ornamental site lighting, landscape lighting. 4. Decorative signage identifying site. 5. Intensive decorative and specialty landscaping. 6. Architectural elements, such as gazebos, fencing , trellises, roofs (if the walkway is incorporated into the gateway feature, for example). 7. Water features such as fountains, waterfalls, re flection pools. 8. Pedestrian amenities, such as benches, decorativ e pavement for walkways, street crossings. F IG . 4.1.3 A Formal planting is found around parking and near bu ildings denoting high visibility and use areas. Pl anting beds in traffic islands protect pedestrians from vehicular traffic, soften the visual impact of asphalt areas and help define parking zones. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 27 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 B. Semi-formal landscaping (a mix of formal and nat ive plant species, medium maintenance level and profile) shall define transition areas from int erior areas of the Auburn Gateway site to the perimeters, along major roadways exclusive of corne rs and entrance points. Semi-formal landscaping shall include the following elements: 1. A mix of deciduous native and evergreen trees with looser arrangement of shrubs and ground covers breaks up the regimentation of interi or landscape themes. 2. Semiformal landscape areas generally are arranged i n mass plantings and more often use regular spacing. F IG . 4.1.3 B Note the transition from formal to semi-formal land scaping from right to left, as site use decreases. C. Informal landscaping (natural buffers, wetland m itigation, low/no maintenance, high recreation and wildlife value) is for areas within the site not expected to be developed or disturbed, or for areas developed for stormwater de tention and biofiltration facilities. Informal landscaping shall include the following el ements: 1. Planting uses exclusively native plant species to a dd wildlife and water purification value, and to naturalize designated undisturbed areas 2. Includes native meadow grass mixes requiring low ma intenance 3. Serves as visual backdrop to contrast to highly str uctured landscaping around site buildings. 4. Incorporates passive recreation opportunities like walking trails for nature appreciation and wildlife habitat. 5. Provide transition between informal and semi-formal landscape areas. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 28 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 T ABLE 4.1.3 S UGGESTED PLANT SIZES , USE AND SPECIES Plant type (consider species mature size) Size at time of planting Spacing Uses, comments Deciduous trees, shade/canopy 2” min. caliper, balled and burlapped, No bare root trees allowed. Minimum branching height: 6 feet from ground to lowest branch. If branching height cannot be achieved at caliper size, larger caliper may be required. Well-branched and uniformly shaped. Maximum tree spacing max. not more than 30 feet on center Use as shade, canopy trees to break up parking lot, unify streets. Species may include: Oak, Sunburst Honey locust, Red Maple, American or Oregon Ash, Sweet gum, Linden, Raywood Ash, Tulip Tree, and Hornbeam. Deciduous trees, Columnar/upright 2” min. caliper, balled and burlapped. No bare root trees allowed. Minimum branching height: 6 feet from ground to lowest branch. If branching height cannot be achieved at caliper size, larger caliper may be required. Well-branched and uniformly shaped. Maximum tree spacing max. not more than 30 feet on center Use as screening, to break up walls or to provide a transition. Species may include: Oak, Maple, Beech, and Hornbeam. Deciduous trees, small/decorative 1-1/2” caliper, balled and burlapped. No bare root trees allowed . Well-branched and uniformly shaped. As clumps, specimens such as (Vine Maple, Shadblow, Hawthorn) Use as colorful accents and naturalization. Species may include: Vine Maple, Japanese Maple, Shadblow, Flowering Cherries, Magnolias, Dogwood, Flowering Plum, Redbud, etc. Coniferous trees 6’ minimum height, full specimens, balled and burlapped. No bare root trees allowed. Well-branched and uniformly shaped. 12 feet on center or as clumps Year-round color, greenery, texture interest, screening, naturalization or specimens. Species may include: Dawn and California Redwood, Shore Pine, Ponderosa Pine, Giant Sequoia, Douglas Fir and Hemlock. Large Shrubs 5 gallon pots, tubs or balled and burlapped, min. 25” height. Evergreen screening 4-5 feet on center maximum. Evergreen shrubs used for screening: 2 feet on Where more immediate screening is appropriate. Mass plantings and clumps, buffer plantings, formal to informal planting areas. Includes native DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 29 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 shrubs: 5 feet height center and non-native species, evergreen and deciduous. Small Shrubs 3 gallon to 5 gallon pots, 18” height, min. 2-3 feet on center maximum Low planting where visibility is required, such as in around pedestrian areas and parking lots. Mix of native and non-native species evergreen and deciduous . Ground Covers 1 gallon pots 18” on center maximum. Where grass is not desired and low watering/ maintenance is important. Species may include Kinnickinnick, Rock Raspberry, Salal, and Periwinkle. Use non-invasive plants. Annual/Perennials Bulbs, 4” pots By species Limited to accent planting for entry ways to site, signage foundation planting, potted planting for color. 4.1.4 W ALLS A ND F ENCES D ESIGN S TANDARDS Where landscaping alone is insufficient for screeni ng, walls and fences shall be provided to make firm boundary changes and provide screening of views not compatible with the pedestrian or public street experience. To implement the policies and goals, w alls and fences shall include the following elements: A. Design walls to be complementary to the design o f buildings through the use of materials, colors and architectural detailing. Avoid monolith ic appearances. B. Screening walls for loading areas along a street shall be articulated so that screening vegetation and shade trees can be planted in front of them to break up the scale of the wall. F IG . 4.1.4 A AND B DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 30 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 Two examples of fencing, walls and landscaping used to separate public from semi public spaces. C. Drive through establishments (banks and fast foo d/coffee outlets) shall have a low (42 inch high max.) opaque screening wall and/or with low le vel obscuring landscape planting in front towards the public domain to reduce the visual impa ct of vehicles queuing up for services or food. Walls shall not intrude into vision clearanc e requirements for vehicular traffic. D. Plazas and seating areas that are part of food e stablishments and shared common areas shall be distinguished by low fences (42 inch high maximu m) and made of visually porous materials (steel, stone, wood) so as to be see-through. E. Trellises and arbors are encouraged along pedest rian walkways to accentuate changes in boundaries and add visual/artistic interest to the shopping experience. F. Fenced common areas for multifamily residences s hall be used to define semi public and semi private areas belonging to the housing community so that area ownership is enforced. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 31 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 5.0 PARKING AREA DESIGN The primary purpose of this section is to ensure th at development of parking does not overwhelm the site aesthetic or environmental quali ty. Parking areas shall be designed so that pedestrian and vehicular navigability is maxim ized, and that their visual and ecological impacts are minimized. Refer to ACC Chapter 18.52 OFF-STREET PARKING AND LOADING and ACC Chapter 18.50 LANDSCAPING AND BUFFERING, for pa rking and landscaping regulations. 5.1 PARKING AREA DESIGN POLICIES AND GOALS A. Design parking areas to maximize their navigability by pedestrian and vehicles and minimize their visual and ecological impacts. (Policy NE-66) B. Provide adequate efficient onsite parking in locati ons convenient to destinations. (Policy NE-67) C. Ensure pedestrian safety by providing ample walkway s that are separated from parking and travel lanes. (Policy NE-68) D. Use crime prevention through environmental design (CPTED) principles to reduce fear of crime and ensure user safety. (Policy NE-69) E. Provide ample pedestrian circulation through parkin g areas that is safe from vehicular conflicts and fear of crime. F. Allocate parking areas in clearly defined areas of ownership by site tenants while promoting shared parking for uses which don’t overlap times of occup ation. 5.1.1 P ARKING A REA D ESIGN S TANDARDS A. Provide pedestrian walkways within parking areas separated by landscaped strips with shrubs, ground covers and trees. Ensure pedestrian safety by separating walkways from parking and travel lanes. Walkways shall be raised above traffic pavement except at load/unload areas and heavily traveled routes. Whe re raised walkways are not possible, provide pavement changes to clearly delineate pedes trian paths. B. Define entry and destination points clearly for pedestrian orientation and movement. C. Desire lines, also known as foot paths, reflect the shortest distances pedestrians travel between points on a given site. Often these are fo und as paths worn through planting beds in parking areas or lawns. Site design shall anticipate and acknowledge major pedestrian starting and ending points, provide unob structed, visually clear routes. D. Planting areas shall not block pedestrian flow, and shall be used to define parking area boundaries. E. Parking areas shall be interspersed with landsca pe islands to minimize expanses of asphalt. F. Designate areas for oversize vehicles and traile rs in a separate zone to avoid size conflicts and visibility problems. G. Separate loading, delivery, storage and garbage collection areas from customer parking. H. Crime Prevention Through Environmental Design (C PTED) principles shall be used to DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 32 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 reduce fear of crime and assure user safety. J. Provide sufficient driveway throat length for ex iting to a public right-of-way to avoid queuing that impedes circulation. I. Provide a hierarchy of drive aisles within park ing areas. Drive aisles shall be differentiated by aisles for slower moving traffic and vehicle parking and maneuvering operations and aisles for access to parking areas w here parking and maneuvering is reduced or avoided. F IG . 5.1.2 A Illustration of walkway section landscaping. 5.1.2 P ARKING A REA D ESIGN G UIDELINES A. As much as is practical, 90-degree head in parki ng shall be used to maximize parking stalls in the least amount of area. Stalls and travel ais le dimensions will be according to Auburn City code. B. Landscaping shall not block sight lines from ori gin points to destinations. Trees shall have branching no lower than six feet (6’) to ensur e pedestrian safety. At installation trees may be required to be larger in size to meet sight distance. Shrubs shall be no taller than three feet (3’). C. Encourage shared parking between tenants of the site in order to reduce the impact of parking on the site and maximize building use and d iversity of uses. D. Provide natural surveillance across parking area s from buildings and along walkways. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 33 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 F IG . 5.1.2 B Showing parking lot layout and landscaping concept from perimeter street to a large or midsize retail center. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 34 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 6.0 PEDESTRIAN/NON-MOTORIZED NETWORK FEATURES The purpose of this section is to provide a network of clearly defined linkages throughout the project and within sub areas of the project that ar e safe, easy to negotiate, and provide for a visually stimulating system of open spaces. 6.1 PEDESTRIAN/NON-MOTORIZED NETWORK DESIGN POLICIE S AND GOALS A. Create a cohesive and continuous network of pedestr ian/non-motorized circulation facilities in the Auburn Gateway project area and vicinity. (Policy N E-70) B. Create a pedestrian environment in which it is easy , safe, convenient, and comfortable to walk between businesses, to transit stops, across street s, and through parking lots. (Policy NE-71) C. Encourage the use of non-motorized transportation t o and within the Auburn Gateway project area by providing facilities that are adequately sized, well-built, well-maintained, and connected to existing or planned pedestrian/non-motorized circul ation facilities in the vicinity. (Policy NE-72) D. Assure pedestrian safety and ease of navigability b y separating walkways from vehicular travel. E. Reduce fear of automobile conflicts and fear of cri me by creating a highly surveillable environment in all land uses. F. Create a visually diverse pedestrian experience bet ween destinations through urban design features. G. Provide communal spaces in all land uses for social interaction and people watching and at intervals along desire lines of travel. F IG . 6.1 Corner entrance addresses both pedestrian and autom obile traffic, providing high visibility and good o rientation. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 35 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 6.1.1 P EDESTRIAN /NON -MOTORIZED N ETWORK D ESIGN S TANDARDS To implement the policies and goals the Auburn Gate way project area shall be designed and implemented and include the following elements: Define entry and destination points clearly for ped estrian orientation and movement. A. Sight lines will be acknowledged and visually unobs tructed. B. Provide bicycle parking for a minimum of 2 bicycles per commercial building. The Planning Director may reduce the amount of bicycle parking r equired when it is demonstrated that bicycle activity is not a priority for that buildin g considering current and potential future use. C. Facilitate pedestrian safety by separating walkways from parking and travel lanes by landscaped strips with shrubs, ground covers and trees. Walkw ays should be raised above traffic pavement except at load/unload areas and he avily traveled vehicle routes. Where separation is not possible, provide pavement change s to clearly delineate pedestrian path. D. All bicycle parking shall be located in safe, visib le areas that do not impede pedestrian or vehicle traffic flow, and are well lighted for nigh ttime use. F IG . 6.1.1 Landscaping buffers vehicles from pedestrian areas. 6.1.2 P EDESTRIAN /NON -MOTORIZED N ETWORK D ESIGN G UIDELINES A. There are five types of pedestrian routes: 1. Urban trails: These link the development to regiona l recreational and transportation systems. 2. Street edge walkways: major pedestrian spines cross ing the development. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 36 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 3. Parking lot internal walkways: Link streets and par king areas to site buildings and uses. 4. Store/building front walkways: Provide continuity a long building frontages and connect to other buildings and plazas. 5. Communal walkways: In multi-family housing developm ent to connect housing blocks into a community and with play/recreation areas. T ABLE 6.1.2 P ATHWAY DESIGNATIONS AND USES . Path Type Pavement Widths Uses Locations Parking Lot internal Walkways Concrete/pavers 5 feet min. Pedestrian movement Connecting parking areas to buildings and uses Store/building front Walks Concrete/ decorative pavement No less than 8 feet Pedestrian movement and resting, shopping, restaurant outdoor seating area, Building fronts facing parking areas, plazas Communal Walks Concrete, with decorative node areas 6 feet Residential pedestrian Multi-family housing community B. Along store frontages and pathways through parking areas, pedestrian-oriented open spaces shall NOT have: 1. Asphalt pavement, loose gravel surface, or loose cr ushed and tumbled glass surface. 2. Adjacent chain link fences. 3. Surroundings of adjacent blank walls with no visual security. 4. Constricted passageways with no means of escape or visual connection to an intended destination. C. Continue pedestrian route pavement across vehicular travel ways so that crosswalks are designated as safe zones for pedestrian crossings. Pavement types may include: 1. Colored concrete or asphalt, scored, stamped or bru shed to highlight pavement change. 2. Concrete unit pavers with decorative banding. D. Use full spectrum lighting in pedestrian and parkin g areas for public safety and true color rendering. Low and high pressure sodium lamps make people, clothing and vehicle colors difficult to identify at night. E. Clearly link walkways across the site to facilitate wayfinding and create a continuous network of pedestrian connections within and beyond the sit e. Various project types and land uses shall be clearly connected in a cross-site fashion, to create a continuous network of pedestrian connections. F. Provide destination site amenities, such as water f eatures, benches, trash receptacles, as part of the pedestrian experience. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 37 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 7.0 SITE LIGHTING The goal of site lighting of the Design Standards i s to ensure sufficient nighttime lighting and to minimize negative aesthetic or environmental imp acts from site development to adjoining properties or land uses. It is expected that many s ite land uses will be nighttime intensive uses, and lighting must be provided for pedestrian and ve hicular safety. 7.1 SITE LIGHTING DESIGN POLICIES AND GOALS A. Ensure pedestrian safety by providing adequate ligh ting on pedestrian routes. (Policy NE-73) B. Minimize the negative effects of onsite and offsite glare. (Policy NE-74) C. Provide energy-efficient lighting. (Policy NE-75) D. Create a family of light standards to be used throu ghout property that responds to a variety of site conditions and that can be consistently implemented over multiple year phased development. 7.1.1 S ITE L IGHTING D ESIGN S TANDARDS A. Lighting shall NOT: 1. Blind passengers or pedestrians to approaching peop le or vehicles by direct glare or reflection off building surfaces. 2. Cast shadows into parked cars and trucks to hide cr iminal activity. 3. Use low-pressure sodium lighting (yellow spectrum) bulbs. 4. Be used indiscriminately to illuminate areas not no rmally covered by natural surveillance. If rear sides of buildings (service/loading and gar bage areas) need lighting, lighting shall be directed toward the building and these areas, and/o r mounted on the building itself. 5. Cast glare outward from the project toward the stre ets; cast lighting in the direction of surveillance from street edges. B. Light standards shall be designed and located ba sed on the following criteria: 1. Distinctive appearance that creates site identit y and character. 2. Visual compatibility and unobtrusiveness with th e site by night. 3. Architecturally compatible with building design styles by day. 4. Minimization of glare, and use of cutoff angles. 5. Ease of maintenance. 6. Provide a coordinated system of lighting fixtur es based on function; such as taller standards for parking lot illumination and shorter standards for walkway lighting. C. Locate lighting to facilitate public safety and sense of security, and to provide aesthetic benefits. D. Intersections of pedestrian, vehicular and bicyc le traffic shall be appropriately lighted for nighttime visibility where night use will occur. E. Avoid glare from light sources into wildlife hab itat or environmentally critical areas and surrounding neighborhoods. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 38 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 F. Use lighting to highlight unique site features a nd landmarks such as buildings, significant trees and landscape elements, but done so that off site g lare is not created. G. Illumination levels shall be determined on a cas e by case basis by a lighting engineer. H. Avoid lighting areas that can be used for loiter ing, unlawful uses and vandalism. In such situations, it may be desirable to turn lights off and fence these areas after hours to displace activities to more appropriate locations. J. There are eight basic types of lighting that may be used throughout the site: 1. Overhead lighting: Roadways and parking lots 2. Entry and walkway overhead lighting: Site entran ce points, walkways and pedestrian plazas 3. Interior Parking lot lighting 4. Walkway lighting 5. Pathway low level (bollard) lighting 6. Bus stop lighting: Define bus stop locations 7. Ambient lighting: Buildings and awnings onto wal kways 8. Landscape lighting T ABLE 7.1.1 L IGHTING TYPES AND CHARACTERISTICS . Lighting type Fixture Height Max Spacing, location* Overhead lighting Overhead 16’-26’ 90’ or less, D Street, I Street, Robertson Way Entry and walkway overhead Lighting Pedestrian/Overhead 14’-26’ 30’ or less to highlight entrances Interior Parking Lot Overhead 25’ - 30’ Site specific spacing Walkway Lighting Pedestrian 14’ 30 feet or less, on walkways in parking lots, Roundabout, major plazas and seating areas Pathway Lighting (low level) Bollard 3’ Spacing varies. Located on pedestrian paths in office entrance ways, restaurant uses, and on communal walkways in multi-family residential areas. Bus Stop Lighting Pedestrian 12’ At either end of bus stop zone equivalent to length of tandem bus to define bus stop apron. Ambient Lighting Varies: building mounted, overhang mounted Varies Attached to building or overhanging awnings or canopy for ambient lighting on walkways Landscape Lighting Up-lighting, spot lights 12” or less Site specific lighting location/spacing * Lighting shall only be provided to meet minimum desired illumination levels; however pedestrian int ensive areas must meet minimum code requirements for safety and wayfinding . DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 39 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 8.0 NATURAL AMENITIES AND RECREATION OPPORTUNITIES The purpose of this section is to provide opportuni ties to bring wildlife into an urban area for habitat preservation, enhancement and interaction w ith human beings for passive recreation and enjoyment. Coupled with that will be to provid e attractive options for integrating stormwater drainage design, detention and treatment while preserving the ecological value of existing wetlands or other critical areas of the si te. 8.1 NATURAL AMENITIES AND RECREATION DESIGN POLICIE S AND GOALS A. Provide habitat preservation, enhancement and oppor tunities for human enjoyment of wildlife. (Policy NE-76) B. Wetlands that contain low-functions and values as e videnced by limited size and isolation from hydrological systems, may be considered by the city for development and displacement in conjunction with specific environmental review, app ropriate mitigation and permitting from the city and applicable outside agencies. (Policy NE-77) C. Provide attractive options for integrating wet pond s, stormwater treatment facilities, and detention ponds as an amenity to the land uses in the project area. (Policy NE-78) D. Reduce downstream floodwater volumes from runoff. (Policy NE-79) E. Enhance property values by incorporating sustainabl e water management practices. (Policy NE-80) F. Preserve existing wetlands to the extent possible a nd enhance their intrinsic environmental value as habitat and water storage. 8.1.1 N ATURAL A MENITIES AND R ECREATION D ESIGN S TANDARDS To implement the policies and goals, the project sh all include the following elements: A. Meet requirements of the City of Auburn Stormwater Management Manual for stormwater management, treatment and flood control. B. Adhere to design principles for wet ponds per The I ntegrated Pond: Enhancing the Design and Value of Stormwater Ponds , September 1988. C. Integrate wet ponds and biofiltration channels into the site as part of an overall landscape plan. D. Incorporate passive recreation areas between storm ponds and public use areas as a transitioning device. E. Design wet ponds to blend with natural buffers and look like a naturally occurring part of the existing landscape. F. Use native plant species to line the edges of the p onds and biofiltration swales to remove sediments and toxins before the water is released i nto the ground and surrounding hydrologic system and rivers. G. Use food-producing plants and shrub species to brin g wildlife into the development. H. Capture all runoff from buildings and hard surfaces for collection in detention ponds staged to DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 40 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 delay runoff entering local rivers and streams duri ng rains. I. Enhance property values by incorporating sustainabl e water management practices. J. Urban style, publically-accessible open spaces or “public multi-spaces” shall be provided as part of all commercial development and shall be a m ix of hard surface pedestrian plazas, landscaped areas, and interconnected walkways linke d to wetland buffers and stormwater management areas. It is not the intent of this sta ndard to require public park land. 1. Open space shall be clearly separate from parking o r other paved areas. 2. Open space shall include trees, shrubs, pathways, b enches or other pedestrian amenities. F IG . 8.1.2 Wet ponds provide a pleasant backdrop to urban/offi ce development. 8.1.2 N ATURAL A MENITIES A ND R ECREATION D ESIGN G UIDELINES Outdoor Public Multi-spaces, not part of a stormwat er facility, and wetland buffer should be developed with the following characteristics: A. Have appropriate grades and surfaces suitable for p edestrian oriented activities and non-motorized circulation improvements. B. Be central and otherwise logically located on the p roposed site development for maximum ease of access by multi-family residents and the pu blic using the commercial development. C. Where appropriate, provide on-site accessibility or stub for future accessibility by walkway or bike path to any existing municipal, county, or reg ional park, public open space or trail system, which may be located on properties in the vicinity. DI.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 41 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 9.0 MASTER SIGN PLAN A Master Sign plan will be implemented to coordinat e design standards for signage and graphics is to enrich the experience of visitors an d customers by providing wayfinding and information in a way that is visually pleasing, and reduces wasted time caused by navigational confusion. The Master Sign Plan will include frees tanding signs (both monument and pylon), building signage, under canopy blade signs, informa tional and directional signage including critical area signage. Formal adoption of a Master Sign Plan will be throu gh an application submitted at the first stages of formal project development and pursuant t o ACC 18.56.030(K), Master Sign Plans Authorized . 9.1 MASTER SIGN PLAN DESIGN POLICIES AND GOALS A. Enrich the experience of visitors and customers by providing directions and information in a coordinated visually pleasing way that and prevents confusion. (Policy NE-81) B. Provide clear and legible site directions and signa ge for customers, bus passengers, and visitors. (Policy NE-82) C. Define the character of the Auburn Gateway project area as a distinct entity for instant roadside recognition and street appeal to attract customers. (Policy NE-83) D. Use creative designs and durable, resource-efficien t materials. (Policy NE-84) E. Minimize the adverse impacts of signs, such as visu al clutter and glare, through the development of a master signage plan to be adhered to throughout the development of the Auburn Gateway project area. (Policy NE-85) 9.1.1 M ASTER S IGN P LAN D ESIGN S TANDARDS Standards will be determined through a subsequent s tep of formal adoption of a Master Sign Plan pursua nt to an application submitted at the first stages of for mal project development and pursuant to ACC 18.56.0 30(K), Master Sign Plans Authorized. DI.A
AGENDA BILL APPROVAL FORM Agenda Subject: Auburn Gateway Project - Draft Planned Ordinance Date: October 3, 2011 Department: Planning and Development Attachments: Draft Planned Ordinance Memorandum Summary of Purpose and Contents of Planned Action Ordinance (PAO) Draft Planned Action Ordinance Exhibit 1 - Planned Action Mitigation Measures Budget Impact: $0 Administrative Recommendation:Committee provided recommendations and feedback, fo r discussion only.Background Summary:See attached memorandum. Reviewed by Council Committees:Planning And Community Development Councilmember:Peloza Staff:Snyder Meeting Date:October 10, 2011 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINED DI.B
Memorandum To: Councilmember Bill Peloza, Chair, Municipal Servic es Committee Councilmember, Sue Singer, Vice- Chair, Municipal S ervices Committee Councilmember John Partridge, Member, Municipal Se rvices Committee From: Jeff Dixon, Principal Planner CC: Kevin Snyder, AICP, Planning and Development Director Dennis Selle, P.E., City Engineer Steven Gross, Assistant City Attorney Date: October 3, 2011 Re: DISCUSSION AND INFORMATION: Draft Development Agreement between City and Auburn Properties (a.k.a. Robertson Properties Group) Draft Planned Action Ordinance ---------------------------------------------------------------------------------------------------------------------------- Background For the last several years, the City of Auburn has been negotiating with Robertson Properties Group (RPG) on future development of approximately 70 acres located east of Auburn Way North, west of the extension of I ST NE, south of S 277th ST, and North of 45th ST NE consisting of the Valley 6 Drive-In Theater site an d surrounding properties owned by Robertson Properties Group (RPG) and hereafter refe rred to as the Auburn Gateway Project (Exhibit 1). The efforts around these negotiations have included the preparation of Environmental Impact Statement (EIS) documentation, amendments to the City’s Comprehensive Plan and Zoning Code to authorize and apply the Mixed Use Commercial Zone (C-4), preparation of a draft Development Agre ement and preparation of a draft Planned Action Ordinance. Related to the overall processing, in August 2011, the City Council approved Ordinance No. 6371 that authorized a four-month continued conditi onal effectiveness of the Comprehensive Plan and C-4 zoning to the Auburn Gateway Project. The comprehensive plan and zoning designations applied to the Auburn Gateway Project are conditioned upon the successful execution of a development agreement between the Ci ty and Robertson Properties Group. The designations do not become permanent until the City Council approves a development agreement. Planning and Development, Public Works and Legal De partment staff has been actively working with Robertson Properties Group to complete required studies, negotiations and documentation in order to provide the City Council with substantive policy making opportunities that would facilitate the phased deve lopment of the Auburn Gateway Project. DI.B
At the PCD committee’s July 18, 2011 regular meetin g staff provided an orientation to the scope of the project and the future policy document s for the city council’s future action. The materials consisted of: 1. Cover memo 2. Site map & vicinity 3. Summary of the purpose and contents of the draft development agreement (DA) 4. Summary of the purpose and contents of the plann ed action ordinance (PAO) 5. Comprehensive plan map showing location of the N ortheast Auburn Special Area 6. Process flow chart 7. Draft city council policy review and action sche dule At the August 8, 2011 Municipal Services Committee meeting staff has provided a briefing related to the overall processing and the City Coun cil approval of Ordinance No. 6371 that authorized a four-month continued conditional effec tiveness of the Comprehensive Plan and C-4 zoning to the Auburn Gateway Project. Also, it was discussed by the Public Works Committee on August 15, 2011. At the August 29, 2011 Committee of the Whole (COW) meeting, staff provided a presentation going to further detail and explanatio n of the future council policy review actions. These materials consisted of: 1. Cover memo 2. Power point presentation 3. Key elements chart - PAO, DA, Special Area Plan & EIS addendum 4. Site map & vicinity over aerial photo 5. Summary of the purpose and contents of the draft development agreement (DA) 6. Summary of the purpose and contents of the plann ed action ordinance (PAO) 7. Matrix of flexibility and benefits (related to t he criteria required for approval of the development agreement under repealed city code sect ion 14.21) 8. Process flow chart Draft Development Agreement Staff from the Planning and Development, Public Wor ks and Legal Departments has been working with RPG to negotiate the elements of the d evelopment agreement. A key element of the development agreement will be the incorporat ion of architectural and site design standards for the Auburn Gateway Project to help re alize a higher aesthetic quality of development. A draft of the development agreement h as been prepared and is being presented to the Planning and Community Development Committee and ultimately other Council Committees for review and discussion. In general, the city’s code section provides a deve lopment agreement can authorize greater flexibility in the existing city standards in excha nge for development to be of significantly higher quality, generating more public benefit, and be a more sensitive proposal than would have been the case of a more typical development. Auburn City Code 14.21.010.B (Nonresidential or Mix ed Use Projects) which is applicable to this project specifies that the City may consider a development agreement for a nonresidential or mixed use project in areas design ated for office, commercial, industrial or institutional use in the comprehensive plan, or in a designated special plan area. In its evaluation of a proposal, the City shall consider w hether a proposal will meet the following criteria: DI.B
1. Provide development that is consistent with the goals and policies of the comprehensive plan; 2. Provide efficient and effective use of land, ope n space and public facilities that result in a higher quality of development than is required by the standards of the applicable zone; 3. Provide building and site design that complement surrounding land uses and their environment; and, 4. Provide for superior protection of critical area s. To facilitate review and discussion of the draft de velopment agreement, the following related documents are provided: 1. Summary of the purpose and contents of the draft development agreement (DA) 2. Draft Development Agreement (DA) a. Attachment 1 - Legal Description b. Attachment 2 - Project Site Plan c. Attachment 3 - Draft and Final Environmental Imp act Statements (EIS) and EIS Addenda (to be provided later after meeting) d. Attachment 4 – Listing of Development Regulations (to be provided later after meeting – These are excerpts of current city code t o which the project would be vested.) 3. Repealed city code section 14.21 related to the city’s process and criteria for development agreements 4. Matrix of flexibility and benefits of the Auburn Gateway Project (related to the criteria for approval of development agreements from repeale d ACC 14.21) 5. Draft Auburn Gateway Architectural and Site Design Standards document (To be provided for the meeting but under separate cover) Draft Planned Action Ordinance (PAO) Staff from the Planning and Development, Public Wor ks and Legal Departments has been working with RPG to develop a draft of the planned action ordinance (PAO). A key element of the PAO will be the mitigation measures. With t he imminent completion of the EIS addendum, staff will propose that the mitigation me asures identified in the 2004 EIS and as updated by the 2011 EIS addendum that are needed to reduce or avoid probable and significant adverse project impacts be applied to t he project by the City Council’s adoption of a PAO. The PAO as drafted will incorporate current provisions of state law to authorize PAO’s and will create a new chapter in the City’s Z oning Code specifying the “thresholds” for what projects are eligible for designation as a pla nned action and thus expedited environmental review process. To facilitate review and discussion of the draft Pl anned Action Ordinance, the following documents are provided: 1. Summary of the purpose and contents of the plann ed action ordinance (PAO) 2. Draft Planned Action Ordinance a. Exhibit 1- Planned Action Mitigation Measures DI.B
Summary of Planned Action Ordinance 8.23.11 Page 1 of 2 Summary of a Planned Action Ordinance Introduction to Planned Actions under SEPA: In 1995, the legislature authorized a new category of project actions under the State Environmental Policy Act (SEPA) called a "planned acti on” for cities planning under the Growth Management Act (GMA). The purpose of designati ng specific types of projects as planned action projects shifts environmental review o f a project from the time a permit application is made to an earlier phase in the planning process. The intent is to provide a more streamlined environmental review proce ss at the later project stage by conducting more detailed environmental analysis at the earlier planning stage. To be eligible first, an Environmental Impact Stateme nt (EIS) must be prepared which addresses the likely significant adverse environmental im pacts of the planned action. After completing the EIS, the city designates by ordin ance those types of projects to be considered planned actions, including mitigation measur es that will be applied. The types of project action must be limited to certain type s of development or to a specific geographic area that is less extensive than a city's juri sdictional boundaries. A PAO is most useful when the project occurs over a limit ed, defined geographic area; the project area is relatively homogeneous and impacts c an be forecasted; and it is expected that the project will be implemented in mult iple phases over a number of years. The basic steps in designating planned action projects are to: • Prepare an EIS; • Designate the planned action projects by ordinance; a nd, • Review permit applications for projects proposed as consi stent with the designated planned action. Specifically, an environm ental checklist application (SEPA application) must be provided and the city must v erify: o The project meets the description of any project(s) desig nated as a planned action by ordinance or resolution; o The probable significant adverse environmental impact s were adequately addressed in the EIS; and o The project includes any conditions or mitigation measu res outlined in the ordinance. If the project does not meet the requirements of the planned action ordinance, or if the EIS did not adequately address all probable significa nt adverse environmental impacts, the project is not a planned action project. In this inst ance, the City must then make a threshold determination on the project. The project w ould go through normal environmental review as part of project review. The C ity may still rely on the environmental information contained in the EIS and su pporting documents in analyzing the project’s environmental impacts and making the thresh old determination. If an EIS DI.B
Summary of Planned Action Ordinance 8.23.11 Page 2 of 2 or SEIS is found to be necessary for the project, it on ly needs to address those environmental impacts not adequately addressed in the previous EIS. K ey Benefits of a Planned Action Ordinance (PAO): Key benefits of a PAO can include: • Provides a developer certainty over the potential i mpacts and corresponding mitigation measures; • Requires early on examination of the impacts of subseq uent or implementing projects prior to project permitting through EIS prepa ration; • Avoid multiple and separate threshold determinations (decisions) by the City under SEPA. While normal project review process requi res a threshold determination, a project qualifying as a planned acti on project does not require a new threshold determination. If the City reviews the project, verifies that it is consistent with the planned action project(s) previously d esignated, and determines that the impacts are adequately addressed in the EIS on which the planned action relies, project permit review continues w ithout a threshold determination. • Designating planned action projects reduces permit-proce ssing time. There are no SEPA public notice requirements or procedural admi nistrative appeals at the project level because a threshold determination or new EIS is not required. The only notice requirements are those required for the un derlying permit. Contents of the Planned Action Ordinance (PAO): A planned action ordinance should be as specific as possib le, should indicate where in the EIS or associated planning document the projects’ env ironmental impacts have been addressed, and should include or reference mitigat ion measures which will be required for a project to qualify as a planned action project. For example, the ordinance should indicate what mitigation has been identified in the EIS or what level of service has been accepted in the subarea plan for traffic impacts. If desired, the city may set a time limit in the ordin ance during which the planned action designation is valid. If a GMA city does set a time lim it on the designation, it should consider how this affects any permits for which there is a n expiration date. Effects of a Planned Action Ordinance (PAO): If approved by the City Council, a PAO for the Auburn Gateway Project will: • Adopt the provisions of the Washington Administrative Code related to PAOs; • Add a new chapter to the zoning portion of the Aubu rn City Code; and, • Adopt and incorporate the Northeast Special Area Pl an and its related environmental impact statements. This “locks in” the mitig ation measures required for the project while allowing for changed ci rcumstances. DI.B
Ordinance No. XXXX Draft - 9.21.11 Page 1 of 14 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON RELATING TO SPECIAL AREA PLANS, AMENDING SECTION 16.06.020 OF THE AUBURN CITY CODE, AND ADDING A NEW CHAPTER, 18.80 “NORTHEAST AUBURN SPECIAL AREA PLAN AND AUBURN GATEWAY PLANNED ACTION” THERETO WHEREAS, RCW 43.21C.031 and WAC 197-11-164, -168, and -172 provide for the integration of environmental review with land use planning and project review through designation of “Planned Actions” by jurisdictions planning under the Growth Management Act (“GMA”); and, WHEREAS, designation of a Planned Action expedites th e development review process for subsequent, implementing projects whose impacts have been previously addressed in a planned action environmental impact Statement (“EIS”) , and thereby encourages growth and economic developme nt; and WHEREAS, the Northeast Auburn Special Area Plan plan ning area consists of approximately 120 acres of property within th e Auburn city limits generally bounded by Auburn Way North, South 277th Street, 45th Street NE, and the existing undeveloped right-of-way of I Stree t NE. The planning area includes the Auburn Gateway project area. The Auburn Gateway project area consists of approximately 70 acres that includes the Valley 6 Drive-in Theater and several adjacent properties, and is proposed to be developed in a phased, mixed use development; and, WHEREAS, the Planning and Development Department h as conducted a thorough review of the development anticipated with in the Auburn Gateway project area; and prepared an Environmental Impact St atement (EIS) and DI.B
Ordinance No. XXXX Draft - 9.21.11 Page 2 of 14 addenda to the EIS under the State Environmental Po licy Act (SEPA), and provides for mitigation measures and other conditions to ensure that such future development will not create significant adverse environ mental impacts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AU BURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Chapter 16.06, Environmental Review Procedures and specifically Section 16.06.020 of the Auburn City Code be and the same hereby is amended t o read as follows: 16.06.020 Adoption by reference. The following sections of Chapter 197-11 WAC, including any amendments thereto, are adopted by reference as if fully set fo rth herein: WAC 197-11-040 Definitions. 197-11-050 Lead agency. 197-11-055 Timing of the SEPA process. 197-11-060 Content of environmental review. 197-11-070 Limitations on actions during SEPA proce ss. 197-11-080 Incomplete or unavailable information . 197-11-090 Supporting documents. 197-11-100 Information required of applicants. 197-11-164 Planned actions – Definition and crite ria. 197-11-300 Purpose of this part. 197-11-305 Categorical exemptions. 197-11-310 Threshold determination required. 197-11-315 Environmental checklist. 197-11-330 Threshold determination process. 197-11-335 Additional information. 197-11-340 Determination of nonsignificance (DNS). 197-11-350 Mitigated DNS. 197-11-360 Determination of significance (DS)/ ini tiation of scoping. 197-11-390 Effect of threshold determination. 197-11-400 Purpose of EIS. 197-11-402 General requirements. 197-11-405 EIS types. 197-11-406 EIS timing. 197-11-408 Scoping. DI.B
Ordinance No. XXXX Draft - 9.21.11 Page 3 of 14 197-11-410 Expanded scoping. 197-11-420 EIS preparation. 197-11-425 Style and size. 197-11-430 Format. 197-11-435 Cover letter or memo. 197-11-440 EIS contents. 197-11-442 Contents of EIS on nonproject proposal s. 197-11-443 EIS contents when prior nonproject EIS. 197-11-444 Elements of the environment. 197-11-448 Relationship of EIS to other considerat ions. 197-11-450 Cost-benefit analysis. 197-11-455 Issuance of DEIS. 197-11-460 Issuance of FEIS. 197-11-500 Purpose of this part. 197-11-502 Inviting comment. 197-11-504 Availability and cost of environmental documents. 197-11-508 SEPA register. 197-11-510 Public notice. 197-11-535 Public hearings and meetings. 197-11-545 Effect of no comment. 197-11-550 Specificity of comments. 197-11-560 FEIS response to comments. 197-11-570 Consulted agency costs to assist lead agen cy. 197-11-600 When to use existing environmental docu ments. 197-11-610 Use of NEPA documents. 197-11-620 Supplemental environmental impact sta tement – Procedures. 197-11-625 Addenda – Procedures. 197-11-630 Adoption – Procedures. 197-11-635 Incorporation by reference – Procedures. 197-11-640 Combining documents. 197-11-650 Purpose of this part. 197-11-655 Implementation. 197-11-660 Substantive authority and mitigation. 197-11-680 Appeals. 197-11-700 Definitions. 197-11-702 Act. 197-11-704 Action. 197-11-706 Addendum. 197-11-708 Adoption. 197-11-710 Affected tribe. 197-11-712 Affecting. 197-11-714 Agency. 197-11-716 Applicant. 197-11-718 Built environment. 197-11-720 Categorical exemption. 197-11-722 Consolidated appeal. DI.B
Ordinance No. XXXX Draft - 9.21.11 Page 4 of 14 197-11-724 Consulted agency. 197-11-726 Cost-benefit analysis. 197-11-728 County/city. 197-11-730 Decision maker. 197-11-732 Department. 197-11-734 Determination of nonsignificance (DNS). 197-11-736 Determination of significance (DS). 197-11-738 EIS. 197-11-740 Environment. 197-11-742 Environmental checklist. 197-11-744 Environmental document. 197-11-746 Environmental review. 197-11-748 Environmentally sensitive area. 197-11-750 Expanded scoping. 197-11-752 Impacts. 197-11-754 Incorporation by reference. 197-11-756 Lands covered by water. 197-11-758 Lead agency. 197-11-760 License. 197-11-762 Local agency. 197-11-764 Major action. 197-11-766 Mitigated DNS. 197-11-768 Mitigation. 197-11-770 Natural environment. 197-11-772 NEPA. 197-11-774 Nonproject. 197-11-776 Phased review. 197-11-778 Preparation. 197-11-780 Private project. 197-11-782 Probable. 197-11-784 Proposal. 197-11-786 Reasonable alternative. 197-11-788 Responsible official. 197-11-790 SEPA. 197-11-792 Scope. 197-11-793 Scoping. 197-11-794 Significant. 197-11-796 State agency. 197-11-797 Threshold determination. 197-11-799 Underlying governmental action. 197-11-800 Categorical exemptions. 197-11-880 Emergencies. 197-11-890 Petitioning DOE to change exemptions. 197-11-900 Purpose of this part. 197-11-902 Agency SEPA policies. 197-11-916 Application to ongoing actions. DI.B
Ordinance No. XXXX Draft - 9.21.11 Page 5 of 14 197-11-920 Agencies with environmental expertise. 197-11-922 Lead agency rules. 197-11-924 Determining the lead agency. 197-11-926 Lead agency for governmental proposal s. 197-11-928 Lead agency for public and private pro posals. 197-11-930 Lead agency for private projects with o ne agency with jurisdiction. 197-11-932 Lead agency for private projects requir ing licenses from more than one agency, when one of the agencies is a county/city. 197-11-934 Lead agency for private projects requir ing licenses from a local agency, not a county/city, and one or more state agencie s. 197-11-936 Lead agency for private projects requir ing licenses from more than one state agency. 197-11-938 Lead agencies for specific proposals. 197-11-940 Transfer of lead agency status to a sta te agency. 197-11-942 Agreements on lead agency status. 197-11-944 Agreements on division of lead agency d uties. 197-11-946 DOE resolution of lead agency disputes. 197-11-948 Assumption of lead agency status. 197-11-960 Environmental checklist. 197-11-965 Adoption notice. 197-11-970 Determination of nonsignificance (DNS). 197-11-980 Determination of significance and scoping notice (DS). 197-11-985 Notice of assumption of lead agency statu s. 197-11-990 Notice of action. (Ord. 4840 § 1, 1996.) Section 2. Amendment to City Code. Title 18 of the Auburn City Code is amended by adding a new Chapter, 18.08 “Nort heast Auburn Special Area Plan” as follows: Chapter 18.08 Northeast Auburn Special Area Plan and Auburn Gateway Planned Action Sections 18.08.010 Purpose 18.08.020 Findings related to the Northeast Auburn Sp ecial Area Plan 18.08.030 Applicability 18.08.040 Thresholds 18.08.050 Review Criteria 18.08.060 Effect of Planned Action designation 18.08.070 Permit Process 18.08.080 Mitigation Measures DI.B
Ordinance No. XXXX Draft - 9.21.11 Page 6 of 14 18.08.010 Purpose of the Planned Action. The purpose of this Chapter is to: A. Set forth a procedures designating certain project act ions within a specific subject site as “Planned Actions” consistent with state law, RCW 43.21C.031; and, B. Provide the public with an understanding as to what constitutes a Planned Action and how land use applications which qual ify as Planned Actions will be processed by the City; and, C. Streamline and expedite the development review p rocess for this ‘designated planned action’ by relying on completed and existing detailed environmental analysis for the subject site; D. Combine environmental analysis with land use planning; and F. Apply the City’s development regulations together with the mitigation measures described in the Environmental Imp act Statement (EIS) and this Ordinance to address the impacts of future developm ent contemplated by the Planned Action. G. 18.08.020 Findings related to the Northeast Auburn Special Area Plan After thorough review and consideration, the city coun cil makes the following findings: A. The Northeast Auburn Special Area Plan ("subarea plan") and its accompanying draft and final environmental impact state ment ("EIS") and EIS addenda have analyzed and addressed all of the probabl e significant environmental impacts associated with the land uses allo wed by the city’s development regulations and described in the subarea pl an as to the Northeast Auburn Special Planning Area. B. The analysis contained in the subarea plan and EIS and addenda is adequate to identify the probable environmental imp acts of developments allowed under the city’s development regulations which were not previously analyzed in the comprehensive plan and its accompanying environmental documents. C. The mitigation measures identified in the environment al element of the subarea plan, EIS and EIS addenda, together with the regulations in the city’s development code, are adequate to identify and miti gate the probable significant environmental impacts of the land uses and developmen ts considered within the planned action and subarea plan and EIS documents. D. The expedited development review procedure in this c hapter is consistent with law, will be a benefit to the public, w ill protect the environment, and will enhance the city’s economic development. DI.B
Ordinance No. XXXX Draft - 9.21.11 Page 7 of 14 E. The public interest will be served by implementing the expedited development review procedure set forth in this chapter. F. Public involvement and review of the subarea plan and EIS and addendum have been extensive and meet the requiremen ts of law, and have been sufficient to ensure that the subarea plan and EIS bear a substantial relationship to the public interest, health, safety, a nd welfare. G. The land uses identified in the subarea plan for the Northeast Auburn Special Area are consistent with and will implement the comprehensive plan. H. Northeast Auburn Special Area is hereby designated a planned action. 18.08.030 Applicability of the Planned Action. A. Planned Action Area: This Chapter applies to approximately 70 acres included in the Auburn Gateway project area as describe d in the Northeast Auburn/Robertson Properties Special Area Plan EIS, Issu ed by the City on July 30, 2004 (and any addenda thereto) and the adoption of the Northeast Auburn/Robert Properties Special Area Plan. Any othe r planned action for which the impacts have been studied in an EIS shall also mee t the requirements of this Chapter, be approved by the Planning and Community Development Director (Director), and be designated as a planned action by r esolution of the City Council before it shall be entitled to review and tre atment as a planned action under this Chapter. B. Environmental Document: A planned action for a si te-specific development shall be based on the environmental analy sis contained in the Northeast Auburn/Robertson Properties Special Area Plan EIS, Issued by the City on July 30, 2004 (and any addenda thereto.) Th e mitigation requirements in this Chapter are based on the Northeast Auburn/Robert son Properties Special Area Plan EIS. These requirements, together with City codes, ordinances, and standards provides the framework for the decision by the City to impose conditions on a Planned Action project. C. Planned Action Designated: Uses and activities describ ed in the Northeast Auburn/Robertson Properties Special Area Plan EIS and (any addenda thereo) subject to thresholds (ACC 18.08.040) and mitigation measures established by this Ordinance, are designated planned a ctions pursuant to RCW 43.21C.031. 18.08.040 Planned Action Thresholds Subject to the zoning regulations for the site and the mitigation measures described in this Chapter, the maximum levels of develo pment described below have been evaluated in the Northeast Auburn/Robertson Properties Special Area DI.B
Ordinance No. XXXX Draft - 9.21.11 Page 8 of 14 Plan EIS, as described in the EIS (and any addenda the reto), are planned actions pursuant to RCW 43.21.C.031. In order to qua lify as a planned action total cumulative development within the Auburn Gatew ay project area that has been permitted under this ordinance shall meet all of the following criteria: A. Land Use: 1. The following are the primary categories of uses aut horized under this planned action: a. Office b. Retail c. Multifamily residential 2. Land use review threshold. The planned action desig nation applies to future development proposals within the Auburn Gat eway project area which are within the range evaluated in the Northeast Aubu rn/Robertson Properties Special Area Plan EIS and the EIS addendum as shown be low. Us e Maximum Allowable Maximum Structure Height Multifamily Residences 500 dwelling units 75 feet Retail uses 720,000 square feet 75 feet Office uses 1,600,000 square feet 75 feet B. Transportation: Trip Ranges: Cumulative development within the Aubur n Gateway project area that does not exceed the following range of trip generation from all uses developed within the Auburn Gateway project area shal l qualify as a planned action: Net New Trips Allowable in the Auburn Gateway Project Area Time Range Net New Trips AM Peak Hour (primary) 1,862 PM Peak Hour (primary) 2,419 Daily Total 18,920 Non-Pass-by Trips (”Auburn Gateway Transportation Impact Analysis” prepared by Transportation Solutions, Inc in Au gust 2011 as part of the Auburn Gateway Environmental Impact Statement (EIS) and addenda) C. Earthwork: The maximum of amount of excavation and fill qualify ing as a planned action shall be 250,000 cubic yards of excavation and 75 0,000 cubic yards of fill. D. Air Quality: Modifications to regional arterials included in the p lanned action include potential new signals on Auburn Way North at 45th Str eet NE and 49th Street NE, and at the driveway access to Auburn Way North midp oint between the two DI.B
Ordinance No. XXXX Draft - 9.21.11 Page 9 of 14 intersections, if demonstrated by analysis of signal warra nts and on South 277th Street at a relocated I Street NE. A roundabout or traffic signal would be provided at the intersection of 49 th ST NE and I ST NE. In addition, South 277th Street would be widened. E. Water: 1. Floodplain modifications. Up to 33.73 acre feet of floodplain storage volume may be filled within the Auburn Gateway proj ect area based on the 1995 FEMA floodplain. The actual amount of floodplain mo dification and storage compensatory flood storage volume will depend on the FEMA floodplain regulations in effect at the time of development. Si nce the extent of floodplain and amount of fill may be subject to change it may be subject to further environmental review. The amount of floodplain aff ected will require that compensatory volume is provided at the time of fill. 2. Impervious surfaces- up to 90 percent of the Auburn G ateway site area may be covered with impervious surfaces F. Plants and Animals: Up to 0.55 acres of wetland fill placed in accordance wi th local, state, and federal regulations in the wetland ditches along South 277th Street (approximately 0.5 acres), and as necessary to complete required improveme nts for I Street NE and 49th Street NE (up to 0.25 acres of wetland fill with in the Auburn Gateway project area), shall qualify as part of this planned action. The wetland impacts to the yet undelineated Wetland F within the Gateway II project area will be in accordance with local, state and federal regulations in effect. G. Time of submission: The application is submitted durin g the time that the Development Agreement between the City of Aubur n and Robertson Auburn Properties, entered into on _____________, is in effe ct. 18.08.050 Review Criteria for Planned Actions A. The Director or Director’s designee is hereby authori zed to designate a project application as a Planned Action if t he project meets all of the following conditions: 1. The project is consistent with the adopted Comprehensi ve Plan. 2. The project is located on the subject site as described w ith the Planned Action Ordinance. 3. The project’s significant environmental impacts have been adequately addressed in the EIS. 4. The project complies with the Planned Action Thresh olds. 5. The project’s significant impacts have been mitigated though application of the mitigation measures identified in the EIS documents and other City requirements. 6. The project is not an essential public facility. DI.B
Ordinance No. XXXX Draft - 9.21.11 Page 10 of 14 18.08.060 Effect of Planned Action designation A. Upon designation by the Planning Director that the project qualifies as a Planned Action, the project shall not be subject t o a SEPA threshold determination, an environmental impact statement (EIS ), or any further review under SEPA. B. Being designated a Planned Action means that a prop osed project has been reviewed in accordance with this Ordinance, and found to be consistent with the development parameters and environmental an alysis included in the EIS documents. C. Planned Actions will not be subject to further pro cedural review under SEPA. However, projects may be subject to conditi ons designed to mitigate any environmental impacts which may result fro m the project proposal, and projects will be subject to whatever permit require ments are deemed appropriate by the City under State and City laws an d ordinances. The Planned Action designation shall not excuse a project from meetin g the City’s code and ordinance requirements apart from the SEPA process. 18.08.070 Planned Action Permit Process The Director shall establish a procedure to review proje cts and determine whether they meet the Planned Action criteria, and e stablishing minimum application and notice requirements. The procedure sha ll consist, at a minimum, of the following: A. Developments shall meet the requirements of ACC Tit les 12, 13, 14, 15, 16, 17 18, and 19. Application shall be made on the forms provided by the City and shall include a SEPA checklist [where approv ed through WAC 197-11-315(2)] or such other environmental review forms p rovided by the City. B. The Director shall determine if the application is co mplete as provided in ACC 14.06. C. If the project is within the area designated as a p lanned action, the application shall be reviewed to determine if it is con sistent with all of the requirements in this Chapter. D. When a complete application for development has bee n determined by the City to qualify as a planned action, The Direct or shall notify the applicant and the project shall proceed in accordance with the ap propriate permit procedure, with the exception that no additional SEPA review, threshold determination, or EIS shall be required. DI.B
Ordinance No. XXXX Draft - 9.21.11 Page 11 of 14 E. Public notice for project qualifying as planned actio ns shall be tied to the underlying permit. If notice is otherwise req uired for the underlying permit, the notice shall state that the project has qualified as a planned action. If notice is not otherwise required for the underlying permit, no special notice is required. F. If a project is determined to not qualify as a pl anned action, the Director shall so notify the applicant and the SEPA res ponsible official; shall prescribe a SEPA review procedure consistent with the Cit y’s SEPA regulations and the requirements of state law. 18.08.080 Planned Action Mitigation Measures See Exhibit ____. 18.08.090 Amendments Amendments to this Chapter may be initiated by the Ci ty, the proponent, or the proponent’s successor, and shall occur as follows: A. The Planning Director or Public Works Director, in th eir area of responsibility, may interpret the words and meaning of certain conditions in order to resolve conflicts in implementation. All words in th e ordinance shall carry their customary and ordinary meaning. B. If changes to the language of the oridiance are re quired, such proposed changes shall be reviewed by the Planning a nd Development Committee of the City Council, or its successor. If the change is minor, then the Committee shall make a recommendation to the City Council. If the Change is m ajor, the the Committee shall refer the change to the Hearing Examiner. The E xaminer shall conduct a public hearing and make a recommendation to he City C ouncil. DI.B
Ordinance No. XXXX Draft - 9.21.11 Page 12 of 14 Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessa ry to carry out the directions of this legislation. Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidi ty of any clause, sentence, paragraph, subdivision, section or portion of this ordin ance, or the invalidity of the application thereof to any person or circumstance shall n ot affect the validity of the remainder of this ordinance, or the validity of i ts application to other persons or circumstances. Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: __________________ PASSED: _______________________ APPROVED: ____________________ CITY OF AUBURN ______________________________ PETER B. LEWIS MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney DI.B
Ordinance No. XXXX Draft - 9.21.11 Page 13 of 14 Published: _________________ DI.B
Ordinance No. XXXX Draft - 9.21.11 Page 14 of 14 Exhibit 1- Planned Action Mitigation Measures DI.B
Exhibit 1 In addition to compliance with all applicable city, state, and federal re gulations that apply to the Auburn Gateway Project, the following conditions apply to development w ithin the Auburn Gateway Project Area: Prior to Alteration of the Site by Demolition of St ructures or Grading Cultural Resources 1. Prior to alteration of the site by demolition or grading, in order to preserve a record of the drive-in theater, photo documentation to recognized archival standards of the most important features of the drive-in theater site and structures shall be completed prior to removal or alteration of the site or structures, and shall be provided to the Whit e River Valley Museum, as permanent repository. 2. Prior to alteration of the site by demolition or grading, a professional arc haeologist shall be retained to monitor any ground-disturbing construction excavation that penetrates fill deposits into native alluvial soils. Proof of the services of professional archaeologist shall be provided to the City. If during site alteration act ivities any hunter-fisher-gatherer or historic period archaeological deposits or hum an remains are discovered in any portion of the Auburn Gateway project area, ground-distur bing activities shall be halted immediately in an area large enough to maint ain the integrity of the deposits. Upon the discovery of any such deposits or remains the City of Auburn, the state Office of Archaeology and Historic Preservation, the Du wamish Tribe, the Muckleshoot Indian Tribe, and a professional archaeologist shall be notified immediately. Treatment of the archaeological deposits or human rema ins shall be coordinated and implemented through consultation among these partie s. Prior to Issuance of any Clearing or Grading Permit s within Either the North and/or South Phases of the Project : Air Quality 1. Prior to issuance of a clearing or grading permit for either phase, the Applicant must submit an air quality plan that evaluates the potential impacts due to exhaust emissions and fugitive dust during construction. The plan which must be reviewed and approved by the City, shall establish means for be minimizi ng impacts by implementing the following: Use only equipment and trucks that are maintained in optimal operational condition. DI.B
Evaluate and as appropriate have all off-road equipment be retrofitted with emission reduction equipment (i.e., evaluate participation in the Puget Sound region Diesel Solutions by project sponsors and contractors). Evaluate and as appropriate use bio-diesel or other lower emission fuels for vehicles and equipment. Evaluate and as appropriate use carpooling or other trip reduction strategies for construction workers. Stage construction to minimize overall transportation system congestion and delays to reduce regional emissions of pollutants during construction. Implement construction curtailing on hot days when the region is at risk for exceeding the national ambient air quality standards (NAAQS) for ozone, and work at night instead. Implement restrictions on construction vehicle idling (e.g., limit idling to a maximum of five (5) minutes). Locate construction equipment away from sensitive receptors, such as fresh air intakes for buildings, air conditioners, and sensitive populations. Locate construction staging zones where diesel emissions will be unnoticeable to the public and away from sensitive populations, such as the elderly and the young. Spray exposed soil with water or other suppressant to reduce particulate emissions of PM 10 and deposition of particulate matter. Pave or use gravel on staging areas and roads that will be exposed for long periods. Cover all trucks transporting materials, spray water on materials in trucks, or provide adequate freeboard (space from the top of the material to the top of the truck bed) to reduce PM 10 emissions and deposition during transport. Provide wheel washers for the removal of particulate matter that would otherwise be carried off the site by vehicles to decrease deposition of particulate matter on area roadways. Remove particulate matter deposited on paved public roads, sidewalks, bicycle paths, and pedestrian paths to reduce mud and dust; sweep and wash streets continuously to reduce emissions. DI.B
Cover dirt, gravel, and debris piles as needed to reduce dust and wind-blown debris. Route and schedule construction trucks so that traffic delays are reduced during peak travel times to minimize air quality impacts caused by a reduction in traffic speeds. Storm Drainage 2. Prior to issuance of a clearing or grading permit for either phase, the Applicant shall provide to the City for review and approval, a Temporary Erosion and Sedimentation Control (TESC) plan . The plan can address a phase or project specific area and shall be in conformance with the City’s Engineering D esign Standards that include best management practices (BMPs) to prevent e rosion, sedimentation, and release of other pollutants during construction. The TESC plan shall identify any proposed phasing. Typical minimum BMPs for er osion and sedimentation control should be utilized for the Auburn Gateway Project are a, including silt fences, stockpile covers, mulch or other temporary ground cover in disturbed areas, protection devices for storm drain inlets on nearby stree ts, stabilized construction entrances and staging areas, and sediment traps or ponds for concentrated runoff flows. The following minimum site-specific BMPs shall be included in the TESC plan to address specific construction-related impact s: The area of exposed bare soil created by clearing and grading activities shall be limited to a maximum acreage of five (5) acres and mulch and/or other temporary ground cover shall be applied to such exposed areas prior to beginning a new stage or phase of clearing or grading. Clearing and grading activities shall be limited to the dry season (April through September) in areas that are located within the 100-year floodplain, within wetland buffers, or within twenty-five (25) feet of surface water conveyance ditches. All areas disturbed due to clearing and grading activities shall be stabilized to prevent erosion within seven (7) days of the completion of the work in said areas. Wheel washing and regularly scheduled street cleaning shall be performed to minimize the deposition of soil and sediments by construction vehicles on surrounding streets. Construction equipment shall be outfitted with emergency spill kits and construction crews shall be trained in their proper use. DI.B
Clearing and grading operations in wetland buffers shall be scheduled so that grading occurs only one time. This schedule shall be identified in the Wetland Mitigation Plan. The final planting of wetland buffers shall be completed within the first year following grading. This schedule shall be identified in the Wetland Mitigation Plan. Water from dewatering activities shall be discharged into a filtration system, sediment trap, or sediment pond unless it is proven by turbidimeter measurements that the water is clean. The rate of dewatering discharge should not exceed the design capacity of the filtration system, sediment trap, pond, or downstream drainage system. Control and treatment of any contaminated water shall meet all applicable regulatory requirements if contaminated ground water is present in the vicinity of dewatering activities. 3. Prior to issuance of a clearing or grading permit for either phase, the Applicant shall apply for and secure a Construction Stormwater General Permit or equivalent required by the National Pollutant Elimination Discharge Syste m (NPDES), Phase 2 through the Washington State Department of Ecology. Grading/Critical Areas 4. Prior to issuance of a clearing or grading permit for either phase, the Applicant shall prepare for the City’s approval a Master Grading Plan , including a geotechnical engineering report that evaluates the hydrogeologic effec ts of the grading plan and includes methods for grading and constructing the project in such a manner to prevent impacts on wetland hydrology and nearby basements. The geotechnical report must: Assess the degree of soil compaction and settling expected and the corresponding change in soil porosity and transmissivity of existing or proposed soils throughout the proposed development. Assess the likely effects of altered geotechnical soil propertie s and stormwater infiltration processes on ground water levels at and near the proposed development. Characterize the expected water level regime throughout a full typical annual cycle, as well as during reasonably foreseeable drought and storm periods. DI.B
Provide an analysis of different specific methods for increasing or decreasing the infiltration of stormwater as necessary to maintain existing ground water levels, and/or for managing ground water levels with engineering controls such as cutoff walls and curtain drains. Increased infiltration could be accomplished by various methods including, but not limited to, reducing the area of impervious surface at the site through reduction of area devoted to roofs, parking lots, and roadways; reducing the connectedness of the impervious surface to the storm drainage system; and incorporating Low Impact Development (LID) design techniques such as porous pavement and downspout infiltration systems. Decreased infiltration could be accomplished in the design of the drainage collection and conveyance systems for runoff from impervious surface areas and in the design of stormwater pond linings. Demonstrate that the hydroperiod of wetlands in the planning area would not be adversely affected by the development throughout a full typical annual cycle, as well as during reasonably foreseeable drought and storm periods. If the hydroperiod analysis predicts reductions in wetland water levels, propose a method for allowing some stormwater runoff to be routed to the affected wetlands after appropriate flow control and water quality treatment. Analysis shall conform to The Department of Ecology’s Stormwater Management Manual for Western Washington (Ecology 2001) guidance for performing the wetland hydroperiod analysis, information on maximum acceptable hydroperiod alterations, recommendations for reducing development impacts on wetland hydroperiod and water quality, recommendations for flow control and treatment for storm drainage discharges to wetlands, and recommendations for post development wetland monitoring. Demonstrate that the ground water levels likely to result from the development will not adversely affect basements in nearby structures throughout a full typical annual cycle. Specify a monitoring plan to continue through full development period and for five (5) years thereafter to ensure that the measures taken adequately mitigate the impacts on ground water and wetland water levels. Identify corrective measures (contingency measures) that would be possible after full development is complete if the project is found to be adversely affecting wetland hydrology. The applicant shall provide a binding agreement to implement such corrective measures DI.B
p rior to the issuance of clearing and grading permits within either phase of the project. Critical Areas/Habitat 5. Prior to issuance of a clearing or grading permit for either phase, the Applicant shall ensure compliance with the National Marine Fisheries Service (NM FS) Biological Opinion, and meet Federal Emergency Management Agency (FEMA ) and National Marine Fisheries Service (NMFS) requirements for providing adequate protection to endangered species pursuant to a city floodplain development permit for any alteration within regulatory floodplain. 6. Prior to issuance of a clearing or grading permit for either phase, the Applicant shall prepare a critical areas report related to wetland and fish habitat (including a Wetland Mitigation Plan) meeting applicable requirements for miti gating potential project impacts. The plan shall: Coordinate wetland mitigation conservation requirements of the various agencies with regulatory authority. Coordinate wetland mitigation conservation with phasing of earthwork and construction to avoid/reduce reoccurrence of disturbance or impacts. Include information on measures to be employed to avoid impacts on wetland hydrology, as discussed in the Water Resources section of the 2004 Draft Environmental Impact Statements (EIS). Stipulate mitigation measures for wetlands affected by alteration, dredging, or filling in accordance with Auburn City Code Chapter 16.10. Mitigation could be implemented by on-site or off-site wetland enhancement or creation consistent with local, state and federal regulations. For any new wetland impacts, provide buffers in accordance with Auburn City Code Chapter 16.10. Provide a mitigation plan for approval by regulating agencies for the planting or enhancement of wetland buffers with native plant species as soon as possible after initial site grading is complete d. Identify the construction boundaries and methods to be employed after completion of project to ensure long term protection and to avoid encroachment on adjacent habitat areas. DI.B
S chedule construction within work windows specified by WDFW, the COE, NOAA Fisheries, and/or the USFWS to avoid critical periods (i.e., wintering, nesting and breeding/spawning, and migration) for species of concern listed as present or potentially present in the planning area. Demonstrate that the mitigation plan is coordinated with the stormwater pollution prevention plan (SWPPP) to prevent or minimize sedimentation and potential hazardous spills that could affect both the onsite and offsite water bodies. Minimize night lighting near wetlands during construction. Identify locations and types of night lighting to be used for development that minimizes light impacts on wetland habitats and buffers. Establish a protocol for wetland and hydrologic monitoring to ensure that wetland mitigation and newly planted wetland buffers are thriving after the installation of the plantings is completed. Provide financial security in an amount commensurate to guarantee monitoring, maintenance and contingency measures. Wetland monitoring should continue annually for a minimum of five (5) years after the project is completed or as needed to be consistent with approval from other agencies with jurisdiction, and should include observations and reporting of native vegetation and hydrologic conditions that may be adversely affected by fill or alterations adjacent to wetland areas. Replace the culvert at the intersection of I Street NE and South 277th Street with a fish passable culvert (J.S. Jones and Associates, Inc., 2010). Identify design and construction techniques to protect wetlands and wetland buffers from the intrusion of humans and domestic animals by means of barriers to humans and domestic animals, while still allowing aesthetic visual enjoyment of these areas. Require modifications to stormwater and/or groundwater management if adverse effects on wetland hydrology are observed before the end of the wetland monitoring period. A written commitment acceptable to the city shall be required prior issuance of clearing or grading permits. Revegetate portions of the project area that are disturbed only for construction purposes (e.g., areas surrounding buildings or DI.B
construction staging areas) as soon as possible after construction is completed. Establish a protocol for and conduct monitoring to ensure that newly planted areas are thriving. Provide financial security to guarantee monitoring, maintenance and contingency measures. The construction staging areas should be located on the existing gravel within the drive-in theater so wildlife displacement is delayed. The following conservation measures are required to avoid or minimize potential impacts to surface water (including South 277th Street roadside ditch) during construction. o In-water construction activities will be regulated by the Hydrauli c Project Approval (HPA) issued by the Washington State Department of Fish and Wildlife (WDFW) for the project. The anticipated in-water work should occur from July 1 to August 31, or when the water bodies in the project area are dry or as conditioned in the HPA. This will limit work within the wetted perimeter of the water bodies to the low-flow summer months and reduce potential for impacts to fish species. o Staging areas, stockpiles, equipment storage areas, and other similar facilities should be set back at least 100 feet from the top-of-bank of the water courses with downstream fish habitat. o To minimize the effect of dewatering the work area on fish species, the Hydraulic Project Approval (HPA) for this project will require that the project proponent capture and safely remove fish and other aquatic life from the portion of water course to be abandoned. Captured fish are required to be immediately and safely transferred to free-flowing wate r downstream of the bypass following methods outlined in the anticipated HPA for this project. o The project proponent should seek assistance from WDFW to remove fish prior to construction if WDFW personnel are available. If WDFW personnel are not available, the project proponent should arrange for the removal of fish by a qualified fisheries biologist. o The amount of area that is cleared and graded at any one time should be limited, and construction activities should be scheduled soon after an area has been cleared and stripped of vegetation. o Construction areas and limits of work shall be clearly identified in the field and on plans to minimize habitat disruption. o Where possible, native vegetation removed during construction shall be replaced with native tree and shrub species following construction. These actions will increase the water quality, hydrologic, and habitat feature s associated with these areas. DI.B
o B uffers shall be established and planted with a mixture of native tree and shrub species. Establish a protocol for monitoring to ensure that mitigation and newly planted buffers are thriving after the installa tion of the plantings is completed. Provide financial security to guarantee monitoring, maintenance and contingency measures. o Habitat features such as large woody debris (LWD) and boulders, shall be incorporated into final design to increase habitat complexity and provide cover for fish species. The performance of habitat features shall b e monitored and reported. o Relocated water courses should include fine grading necessary to establis h complex habitat types including pool and riffle complexes, which may require the installation of grade control structures. The performance of habitat features and grade control structures should be monitored and reported for a period as approved by reviewing agencies. o The relocated portion of water courses shall allow for placement of spawning sized gravel at a minimum depth of six inches. o The culvert at the intersection of I Street NE and South 277 th Street shall be replaced with a fish passable culvert (J.S. Jones and Associates, In c., 2010). 7. Prior to issuance of a clearing or grading permit for either phase, the Applicant shall provide proof of approval from the City of Kent for use of the City of K ent’s Army Corps of Engineers Section 404 and Washington State Department of Ecology 401 approvals for the filling of the wetland ditches associated with widening South 277th Street, which filling has been previously mitigated by t he City of Kent. Site Contamination 8. Prior to issuance of a clearing or grading permit for either phase, the following mitigation measures to address documented existing contamination, potential existing contamination (i.e., underground storage tanks and asbestos), and potential contamination associated with construction (i.e., fuel and lubricants) and shall be implemented. Conduct phase II environmental site assessments (sampling and analysis) at locations indicated in the EIS as potential areas of contamination to provide a basis for planning invasive work and documentation for the Washington Department of Ecology. As part of grading or building permit applications, incorporate construction specification provisions for abatement, removal, storage, transportation, and disposal or treatment of contaminated media (requiring contractor-generated management plans). DI.B
As part of grading or building permit applications, incorporate construction specifications to minimize public exposure to contaminants via both airborne and direct contact routes by means of increased construction-zone setbacks, additional barriers to public access, and expeditious removal of contaminated materials. Ensure that removal of hazardous materials will be managed using standard approaches in accordance with Department of Ecology policies, procedures, and requirements. As part of grading or building permit applications, demonstrate how the Applicant will avoid contaminated areas to minimize potential impacts (i.e., restrict building construction above contaminated ground water). As part of grading or building permit applications, demonstrate that any hazardous waste generated as part of this project will be transported to permitted facilities by entities licensed by the s tate Department of Transportation for that purpose. Construction Noise 9. As part of clearing, grading or building permit applications, the foll owing measures shall be implemented to mitigate noise during construction of the project: Develop a mitigation plan for construction noise that includes a schedule of construction activities, the intensity and duration of the noise generated during these activities, and the location of the activities relative to the nearest noise-sensitive receivers. The pla ns shall demonstrate that the project will comply with the city noise polices and state regulations for construction noise, and is subject to approval by the Director. Use properly sized and maintained mufflers, engine intake silencers, and engine enclosures. Require that construction equipment be turned off if it will idle for more than five (5) minutes. Restrict construction activities to daytime hours unless an expansion of construction hours is approved in advance by the City. Nighttime hours are before 7:00 a.m. and after 7:00 p.m. and on weekdays, before 9:00 a.m. and after 6:00 p.m. on Saturday and Sunday. DI.B
Place stationary equipment, including pumps, compressors, welding machines and similar equipment, as far as possible away from noise-sensitive receiving locations, while maintaining the effective use of such equipment. Where this is infeasible or where noise impacts are still likely, place portable noise barriers around the equipment with the opening directed away from the noise-sensitive receiving property. Substitute hydraulic or electric models for impact tools such as jackhammers, rock drills, and pavement breakers. Require equipment operators to drive forward rather than backward, where feasible, to minimize noise from backup alarms. Require operators to lift rather than drag materials, wherever feasible. Prior to Issuance of any Permits for Construction i n the Floodplain within Either the North and/or South Pha ses of the Project: Floodplain 1. Prior to issuance of any permit for construction in the floodplain within either phase, the Applicant shall apply to the City for review and approval a Floodp lain Development Permit pursuant to Auburn City Code 15.68., including any Habitat Impact Assessment and, if applicable a Habitat Mitigation Plan. The ap plicant shall also incorporate the following performance measures into any tem porary erosion and sedimentation control (TESC) plans for project areas locate d within floodplain: Compensatory floodplain storage shall be provided at a 1-to-1 ratio for all projects that involve the placement of fill in the FEMA 100-year floodplain in effect at the time the permit application is deemed complete by the City. Compensation shall be constructed concurrently such that prior to placement of any fill within the floodplain an equal amount of compensatory storage shall be provided. On-site compensatory floodplain storage shall be provided for any developments within the Project area that are not compensated for completely by constructed flood storage within the Port of Seattle mitigation wetland to which legal right of use has been secured. DI.B
T he ground surface of any compensatory floodplain storage shall be below the 100-year Green River flood elevation and above the seasonal high ground water elevation, and shall be provided with adequate hydrologic and hydraulic connectivity to the floodplain areas north of South 277 th Street. If any portion of the compensatory floodplain storage is provided within the Port of Seattle mitigation wetland to which legal right of use has been secured, then a flood conveyance channel of sufficient capacity shall be installed to connect the Green River floodplain to the Port of Seattle mitigation wetland. The design of the channel shall be submitted for City review and approval. This channel would be located on the south side of South 277th Street and extend west from the existing north-south flood channel located on Port of Seattle property to the existing twin-barrel 6-foot by 3-foot box culvert under S 277 th Street connecting to the Green River floodplain area to the north. The alignment of flood conveyance channel shall be located beyond the southerly limits of the planned widening to the south of South 277th Street improvements. The flood conveyance channel shall be in place prior to placement of any fill. Prior to any Issuance of Permits for Vertical Const ruction within Either the North or South Phases of the Proj ect: Storm Drainage 1. Prior to issuance of permit for vertical construction, the Applicant shall p rovide to the City for review and approval a Storm Drainage Master Plan for the combined North and South Phases of the Project. The plan shall include the approximate location, elevation, and size of all major storm drainage conveyance , water quality, and flow control facilities in conformance with the City’s Engineering Design Standards. The storm drainage master plan shall contai n sufficient information, including supporting storm drainage calculations, to demonstrate that the system design and configuration is feasible and is capab le of meeting city standards. In addition, if the storm drainage discharge from the project is not as pro posed in previous drainage analysis prepared for the purposes of the EIS (“Hydraulic Model Evaluation of Potential Drainage System Impacts Associated with the Auburn Gateway Project”, Herrera, 2003) and the discharge is all directed t o either: South 277th Street (EIS Scenario 3a) or split evenly between South 277th Street and D Street NE (EIS Scenario 3b), then additional downstream drai nage analysis shall be required as directed by the City Engineer prior t o issuance of a permit for vertical construction. DI.B
If all the storm drainage discharge from the project is directed to South 277 th Street (EIS Scenario 3a) the applicant shall design the master plan to inc lude the following storm drainage improvements for any phase of development: • Replace the existing storm drainage pipe located in D Street NE wit h a 36-inch pipe in D Street NE from South 277 th Street to Auburn Way North. The master storm drainage plan shall also define which improvements are t o be constructed concurrent with each phase of the project (North Phase, South Phase , or Combined North and South Phases). Water 2. Prior to issuance of permit for vertical construction, the Applicant shall p rovide to the City for review and approval a Water Master Plan for the combined North and South Phases of the Project. The plan shall include the approximate location and size of all pipes, valves, and fire hydrants in conformance with the City’s Comprehensive Water Plan and Engineering Design Standards. The Water Master plan shall contain sufficient information, including hydraulic analys is if deemed necessary by the City Engineer, to demonstrate that the system l ayout is feasible and provides adequate fire flow and system reliability. The master water plan shall also define which improvements are to be const ructed concurrent with each phase of the project (North Phase, South Phase, or Combined North and South Phases) as follows: North Phase • Replace the existing 8-inch and 6-inch water pipes with 12-inch water pipe in 49 th Street NE from Auburn Way North to I Street NE. • Construct a new 12-inch water pipe along the extension of I Street NE between 49 th Street NE and South 277 th Street. South Phase • Replace the existing 8-inch and 6-inch water pipes with 12-inch water pipe in 49 th Street NE from Auburn Way North to I Street NE. • Construct a new 12-inch water pipe along the extension of I Street NE between 45 th Street NE and 49 th Street NE. Combined North and South Phases • The combined water system mitigation listed above for the North and South Phases. Sanitary Sewer DI.B
3. Prior to issuance of permit for vertical construction, the applicant shall p rovide to the City for review and approval a Sanitary Sewer Master Plan for the combined North and South Phases of the Project. The plan shall include the approximate location, elevation, and size of all pipes and manholes in conformance with the City’s Comprehensive Sanitary Sewer Plan and Engineering Design Standards. The sanitary sewer master plan shall cont ain sufficient information, including hydraulic analysis if deemed necessary b y the City Engineer, to demonstrate that the system layout is feasible and is c apable of meeting city standards. The master sanitary sewer plan shall also define which improvements are to be constructed concurrent with each phase of the project (North Phase, South Phase , or Combined North and South Phases). Storm Drainage, Water, and Sanitary Sewer 4. Prior to issuance of permit for vertical construction, the Applicant shall su bmit civil utilities construction plans , consistent with the approved combined North and South Phases of the: * master storm drainage plan, * master water plan, and * master sanitary sewer plan to the City for review and approval in conformance with the City’s Engineer ing Design Standards. Transportation 5. Prior to issuance of permit for vertical construction, the Applicant shall p rovide a master plan for pedestrian/non-motorized circulation to the City for review and approval. The master plan for pedestrian/non-motorized circulation shall be in conformance with the City’s engineering design standards and provide an efficient and safe pedestrian circulation system that provides approp riate crossing of I Street NE, D Street NE, and 49th Street NE at places where pede strian/non-motorized crossings are likely to occur and where crossings can be safely accommodated with necessary improvements to minimize travel distance. The master pedestrian circulation plan shall specify the location and type s of paths, the materials and methods to be used to promote safety at street and driveway crossings, and the framework of connections and amenities to be developed, as described in the Auburn Gateway Architectural and Site Design Standards (Attachment A). The master plan for pedestrian/non-motorized circulation shall also defi ne which improvements are to be constructed concurrent with each phase of the proj ect (North Phase, South Phase, or Combined North and South Phases). DI.B
6. Prior to issuance of permit for vertical construction, the Applicant shall p rovide a master transit plan to the City for review and approval. The plan shall be coordinated with King County Metro Transit and shall include the approximate locations of existing and proposed transit stops and associated faciliti es serving the Auburn Gateway Project. The plan shall also address opportunities to p rovide weekday park & ride spaces within the Auburn Gateway Project. The master transit plan shall also define which transit improvements are t o be constructed concurrent with each phase of the project (North Phase, South Phase , or Combined North and South Phases) 7. Prior to the action indicated in the heading above, the Applicant shall provide a master access and onsite vehicular circulation plan to the City for review and approval. The plan shall be in conformance with the City’s Engineering Des ign Standards and include locations and dimensions of access points expected for all portions of the Auburn Gateway project area. The access and onsite vehicula r circulation plan must be accompanied with a traffic analysis that indic ates commercial/delivery vehicle turning templates, emergency access l anes, and the volumes of traffic and levels of service expected at each access locati on. The master access and onsite vehicular circulation plan shall also define whi ch access points are to be constructed concurrent with each phase of the project (North Phase, South Phase, or Combined North and South Phases). Prior to issuance of permit for vertical construction, the Applicant shall p rovide a master motorized public improvement plan to the City for review and approval. The plan shall be in conformance with the City’s Engineering Des ign Standards and include streets, traffic signals, and intersection improvements for all portions of the Auburn Gateway project area. The master motorized improvement plan shall also define which street improvements are to be constructed concurrent with each phase of the proj ect (North Phase, South Phase, or Combined North and South Phases) as follows: North Phase First Widen South 277 th Street to include two westbound through lanes, three eastbound through lanes, paved shoulder, drainage systems, planting strip and 12-foot wide paved non motorized trail between L St NE and Auburn Way North. Complete a traffic signal at the intersection of South 277 th Street and I Street NE including two traffic monitoring cameras. The signalized intersection shall consists of two westbound through lanes, two westbound left turn pockets, DI.B
three eastbound through lanes, one eastbound right turn pocket, and three northbound turning lanes. Complete one eastbound right turn pocket at the intersection of South 277 th Street and D Street NE. Complete one westbound right turn pocket at the intersection of Auburn Way North and South 277 th Street. Complete I Street NE from 49 th Street NE to South 277 th Street. This roadway shall be designed to the city’s minor arterial standard and include five travel lanes (two lanes in each direction plus a raised landscape island with turn pockets at intersections) and bicycle lanes. Auxiliary right-turn lanes may also be required at driveways as identified in the master access and onsite vehicular circulation plan. Complete a traffic signal at intersection of I Street NE and 49 th Street NE including one traffic monitoring camera when the north, south, and west legs of the intersection are each connected to through streets. The signalized intersection shall be widened to facilitate northbound and southbound u-turns and include a leg for the future eastward street extension of 49 th St NE. Complete 49 th Street NE between Auburn Way North and the eastern property line of the Auburn Gateway project area. This street shall be designed as a minor arterial with three lanes (one lane in each direction plus a center left-turn lane) and bicycle lanes. Complete a traffic signal at the intersection of 49 th Street NE and Auburn Way North including one traffic monitoring camera. The signalized intersection shall be widened to facilitate northbound and southbound u-turns. Complete a traffic signal at the intersection of 45 th Street NE and Auburn Way North including one traffic monitoring camera when any traffic signal warrant is met at this intersection up to two years after issuance of final occupancy of full project build-out or prior to constructing a signal at the south development access drive at Auburn Way North. Construct a cul-de-sac at southern terminus of D Street NE at Auburn Way North and eliminate the vehicular connection to Auburn Way North. DI.B
South Phase First W iden the south side of South 277 th Street to include two westbound through lanes, two eastbound through lanes, paved shoulder, drainage systems, planting strip and 12 foot wide paved non motorized trail between L St NE and Auburn Way North. Complete one eastbound right turn pocket at the intersection of South 277 th Street and D Street NE. Complete I Street NE from 45 th Street NE to 49 th Street NE. This roadway shall be designed to a minor arterial standard and include five travel lanes (two lanes in each direction plus a raised landscape island with turn pockets at intersections) and bicycle lanes. Auxiliary right-turn lanes may also be required at driveways as identified in the master access and onsite vehicular circulation plan. Complete A traffic signal at intersection of I Street NE and 49 th Street NE including one traffic monitoring camera When the north, south, and west legs of the intersection are each connected to through streets. The signalized intersection shall be widened to facilitate northbound and southbound u-turns and include a leg for the future eastward street extension of 49 th St NE. Complete 49 th Street NE between Auburn Way North and the eastern property line of the Auburn Gateway project area. This street shall be designed as a minor arterial with three lanes (one lane in each direction plus a center left-turn lane) and bicycle lanes. Complete a traffic signal at the intersection of 49 th Street NE and Auburn Way North including one traffic monitoring camera. The signalized intersection shall be widened to facilitate northbound and southbound u-turns. Complete a traffic signal at the intersection of 45 th Street NE and Auburn Way North including one traffic monitoring camera when any traffic signal warrant is met at this intersection up to two years after issuance of final occupancy at full project build-out or prior to constructing a signal at the south development access drive at Auburn Way North. DI.B
Complete a traffic signal at the intersection of 45 th Street NE and I Street NE including one traffic monitoring camera when any traffic signal warrant is met at this intersection up to two years after issuance of final occupancy at full project build-out. Construct a cul-de-sac at southern terminus of D Street NE at Auburn Way North and eliminate the vehicular connection to Auburn Way North. Combined North and South Phases Complete the combined improvements listed above for the North and South Phases. 8. Prior to issuance of permit for vertical construction, the Applicant shall su bmit civil transportation construction plans , consistent with the approved combined North and South Phases of the: * master pedestrian/non-motorized circulation plan, * master transit plan, * master access and onsite vehicular circulation plan, and * master motorized public improvement plan to the City for review and approval in conformance with the City’s Engineer ing Design Standards. Signage 9. Prior to issuance of permit for vertical construction, the Applicant shall su bmit a master signage plan to establish locations sizes and materials for all types of signage to be used in subsequent phases (except traffic control signag e). The master signage plan shall be prepared in accordance with the pr ovisions of ACC 18.56.030.K, in effect as provided in the vesting provisions of the development Agreement between the City and Developer. The plan shall include comm ercial and directional signage as well as interpretive material such as informat ion on wildlife near wetlands or historical information about the area. The plan sh all be coordinated with the Auburn Gateway Architectural and Site Design Standards document. The master signage plan shall be recorded as required by ACC 18.56.030.M. Project plans shall demonstrate that the proposed project is consist ent with the approved master signage plan. Modifications to the master signage plan ma y be allowed by the Planning Director only after determining that the changes ar e consistent with the Auburn Gateway Architectural and Site Design Standards (Attachment A). DI.B
V isual/Aesthetics 10. Project construction plans shall adhere to the document: “Auburn Gateway Architectural and Site Design Standards”, BCRA, 2011 as approved and attached herein as Attachment A. 11. Project plans shall incorporate principles of crime prevention throu gh environmental design (CPTED) in all project designs. These include but are not limited to the measures discussed in the Auburn Gateway Architectural and S ite Design Standards (Attachment A). Noise 12. Prior to the issuance of a permit for vertical construction, the Applicant shall prepare and submit a noise control plan to be approved by the City of Auburn for areas in which noise-generating equipment, such as mechanical equipment (i.e ., heating, ventilating, and air conditioning [HVAC] systems), loading docks, solid waste removal areas, compactors, outdoor retail speakers, and backup pow er generators, cannot be located away from noise-sensitive receivers. The C ity of Auburn may require noise containment systems where necessary to meet the nois e regulations. Prior to the issuance of a permit for vertical construction, the Applicant shall provide a binding agreement to ensure that all subsequent applications for City approval shall meet parameters of the approved noise c ontrol plan. 13. Project plans shall include the use of buildings, fences, berms, or large l andscape buffers to shield noise-sensitive receivers from onsite traffic noise. 14. Automobile fuel stations shall be located as far as possible from re sidential uses. If located within 100 feet of residential uses, the City of Auburn may require additional design measures to limit noise, odor, and glare impacts. 15. Outdoor activity areas such as eating and drinking establishments shall be located away from residential areas. If located closer than 300 feet to a residenti al area the City of Auburn may require design measures or operational restrict ions to limit noise impacts from late evening use. Prior to Issuance of Any Building Permits (allowing vertical construction) for Residential Uses Land Use 1. If residential uses are developed along D Street NE (or along vacate d roadway), 49th Street NE, or near Auburn Way North, provide landscape screening on-si te to limit the visual impacts due to potentially more intensive uses in the adja cent C3, Heavy Commercial zone. DI.B
2. The following mitigation measures shall be implemented for impacts on recreational resources: Implement the open space requirements described in the Auburn Gateway Architectural and Site Design Standards (Attachment A) through project-level design review. For residential development, this should include children’s play equipment, tennis courts, a fenced off-leash area for pets, and/or and open, level-lawn areas for free play or sport activities. 3. Pay City park impact fee in proportion to the level of residential devel opment in the Auburn Gateway Project Area prior to issuance of any building perm it for residential uses, unless deferred pursuant to city regulations. Prior to any Issuance of Occupancy Permits within E ither the North or South Phase of the Project: Storm Drainage, Water, and Sanitary Sewer 1. Prior to issuance of occupancy permits within either phase, the Applicant shall complete all public utility construction in conformance with the approved civil utilities construction plan and the City’s Engineering Construction Standards . 2. Prior to issuance of occupancy permit within either phase, the City shall accept as complete all public utilities facilities indicated on the approved civil utilities construction plans for operations and ownership by the City. Transportation 3. Prior to issuance of occupancy permits within either phase, the Applicant shall complete all construction in conformance with the approved civil transportation construction plans and the City’s Engineering Construction Standards. 4. Prior to issuance of occupancy permits within either phase, the City shal l accept all public transportation facilities indicated on the approved civil transportation construction plans for operation and ownership by the City. 5. Prior to issuance of occupancy permits within either phase, the Applicant shall provide a conceptual design and associated engineer’s estimate for const ruction of southbound right turn lane or eastbound right turn lane at the intersection of Auburn Way North and 37th St NE to the City for review and approval. The applicant shall pay the applicant’s estimated proportional share of the estimated construction costs to the City based on the approved conceptual design and associated engineers estimate. DI.B
6. Prior to issuance of occupancy permits within either phase, the Applicant shall provide a conceptual design and associated engineer’s estimate for const ruction of second southbound through lane at the intersection of Harvey Road NE/M St NE and 8 th St NE to the City for review and approval. The applicant shall pay the applicant’s estimated proportional share of the estimated construction costs to the City based on the approved conceptual design and associated engineers est imate. 7. Prior to issuance of occupancy permits within either phase, the Applicant shall provide a conceptual design and associated engineer’s estimate for const ruction of new traffic signal at the intersection of SE 304 th St and 112 th Ave SE including widening to accommodate left turn pockets to the City for review and approval. The applicant shall pay the applicant’s estimated proportional share of the estimated construction costs to the City based on the approved conceptual design and associat ed engineers estimate. 8. Prior to issuance of occupancy permits within either phase, the Applicant shall demonstrate to the satisfaction of the City Engineer that the Applicant has m ade a good faith effort to enter into a mitigation agreement with the appropriate jurisdiction (City of Kent and/or King County) to participate in the improvement of the following location in a manner that is suitable to the jurisdiction and consistent wi th the impacts identified in the Final Environmental Impact Statement or subs equent environmental documents. If an agreement is required, it shall be executed bet ween the Applicant and appropriate jurisdiction prior to issuance of occupancy permits. Intersection of Central Ave and S 259 th St: Construction of additional northbound right-turn lane. Intersection of S 277 th St and 55 th St NE: Reconfiguring of lanes on westbound S 277 th ST to provide dual left turn lanes and a single through lane and widening of 55 th St NE to accommodate the dual left turn lanes. Intersection of S 272 nd St and Military Road: Reconfigure signal phasing on north-south approaches from split phasing to conventional signal phasing. 9. Prior to issuance of occupancy permits within either phase, the Applicant shall provide to the City for review and approval future traffic signal warrant analyses at the intersections of Auburn Way North and 45 th St NE and I St NE and 45 th St NE, in conformance with the Model Uniform Traffic Control Devices (MUTCD). The analysis shall be conducted every two years starting tw o years from the issuance of the first occupancy permit for the Auburn Gateway Pr oject development and shall continue until any warrant is met at the intersections (see conditions for signal intersections improvements herein) or until two years af ter issuance of final occupancy permit at full project build-out. 10. Prior to issuance of occupancy permits within either phase, the Applicant shall provide to the City for review and approval an employee and customer DI.B
T ransportation Demand Management (TDM) program that includes a good fait h effort to incorporate the following strategies: • Provisions for a transportation coordinator, employee shower facilities, lockable bike racks, flexible work schedules, telecommunication opportunities, on site transit/carpool/vanpool information, preferred carp ool and vanpool parking, on site traffic reports, guaranteed ride programs, and other incentives to encourage alternative travel modes to Single Occupancy Vehicles (SOV). Signage 11. Prior to issuance of occupancy permits within either phase, the interpre tive signage materials identified in the master sign plan shall be install ed by the applicant and inspected by the city, including information on wildlife near wetlands or historical information about the area. For the Life of the Project Wetlands 2. If adverse effects on wetland hydrology are observed before the end of the wetland monitoring period, modifications to stormwater and/or groundwater management shall be developed, submitted for City of Auburn approval, and implemented in orde r to restore wetland hydrology. Noise 3. Truck deliveries and waste hauling activities shall be restricted to day time hours in areas where noise from these activities would adversely affect resident ial uses as identified within the city approved noise control plan referenced in the prec eding condition. Signage 4. All signs within the Auburn Gateway project area shall be consistent w ith the master signage plan as approved by the City. General 5. For the purpose of the mitigation measures, the term “applicant” shall refe r to the current owners together with their heirs, assigns, and successors, of the p roperty as legally described. DI.B
6. Any plan, study or analysis required to be submitted by the applicant m ay include an incorporate by reference any existing document prepared as pa rt of the environmental review of this project. Any plan study or analysis may also be subm itted separately or as part of the permit application. 7. The Planning Director may interpret the words and meaning of the mitigation measures in order to resolve conflicts in implementation. All words shall car ry ther customary and ordinary meaning unless the context clearly conveys a different meaning. DI.B
AGENDA BILL APPROVAL FORM Agenda Subject: Solid Waste - Tipping Fees Date: October 5, 2011 Department: Finance Attachments: Solid Waste Tipping Fees Budget Impact: $0 Administrative Recommendation:Background Summary:For Info Only Reviewed by Council Committees:Councilmember:Staff:Coleman Meeting Date:October 10, 2011 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINED DI.C
Interoffice Memorandum To: Municipal Services Committee From: Shelley Coleman, Finance Director CC: Pete Lewis, Mayor Date: October 6, 2011 Re: King County Solid Waste Tipping Fee Increase On September 13, 2011 the County Solid Wa ste Division notified the City of a rate increase via email as follows: “Monday, September 12, the Metropolitan Ki ng County Council unanimously voted to approve a one-year disposal rate for 2012. T he rate, which will increase from $95 to $109 per ton, will be effective January 1, 2012. The new rate supports the 2012 budget that the Executive will submit to Council later this month. Despite the new rate, continued reduction of system expenses is necessary in response to the continued decline in tonnage. The new rate is limited to one year to give the County and the cities time to determine the financing for the capital improvement program and reac h agreement on a revised interlocal agreement. A multi-year ra te will be proposed mid-2012 for 2013 and beyond.” The City anticipated a rate increase of $108 in 2012 by th e County and that increase was incorporated into the ra te study and subsequent ordin ance that was passed earlier this year by Council. Finance is satisfi ed the rate increase passed by City Council is sufficient to cover the Count y’s 2012 rate increase. Ho wever, the County increase is limited to one year, theref ore, we will need to consider any future ra te increases beyond 2012 and the impact to City customers. Page 1 of 1 DI.C
AGENDA BILL APPROVAL FORM Agenda Subject: Speed Limit - Alleyways Date: October 5, 2011 Department: Legal Attachments: Memo - Speed Limit - Alleyways Budget Impact: $0 Administrative Recommendation:Background Summary:For Info Only Reviewed by Council Committees:Councilmember:Staff:Heid Meeting Date:October 10, 2011 Item Number:DI.D AUBURN * MORE THAN YOU IMAGINED DI.D
Interoffice Memorandum Attorney Client Communication To: Bill Peloza, Chair, Municipal Services Committee From: Douglas P. Ruth, Assistant City Attorney Date: September 9, 2011 Re: Speed Limit for Alleyways S UMMARY You asked me to inquire with WDOT about whether the state limitation on speed limits applies to speed limits for alleys. I s poke to the WDOT Traffic Servic es Manager for our region. She reads the statue the same way as this office has and concluded that alle y speed limits cannot be below 20 mph. She also presented some al ternatives to speed limits, which I discuss below. B ACKGROUND & ANALYSIS As you may recall, the law permitting cities to lim it speeds is not perfectly clear. Generally, it allows cities to set the speed limit on roads, but requires that no speed limit be below 20 mph.1 The statue becomes unclear when it is read alongside the legal definition of “alley.” The speed limit restriction applies to “highways,” which are roads open to public travel, but the law defines alleys as roads not designed for general travel by the public. This uncoordinated wording makes the scope of the law ambiguous. This is exhibited by the se veral cities that have set 15 mph speed limits for alleys. Despite the actions of these other cities, this office has not seen a convincing justification for posting alley speed limits below 20 mph. As you may recall, Judg e Burns came to the same conclusion when I asked him to look at the re levant statues. Since then, I approached the WDOT for their opinion. The WSDOT regional Traffic Servic es Manager concluded that the scope of the 20 mph limit in RCW 46.61.415 is broad eno ugh to include alleys. She concluded that state law does not allow for alley speed limits of less than 20 mph. The Municipal Research Service Center 2 gave a similar opinion in 2 008. In a memo to Des Moines city staff, the Center concluded that st ate law does not allow a s ub-20 mph limit for park 1 46.61.415. When local authoritie s may alter maximum limits (1) Whenever local authorities in their respective jurisdic tions determine on the basis of an engineering and traffic investigation that the maximum speed pe rmitted under RCW 46.61.400 or 46 .61.440 is greater or le ss than is reasonable and safe under the conditions found to exist upon a highway or part of a highway, the local authority may d etermine and declare a reasonable and safe maximum limit thereon which (a) Decreases the limit at intersections; or (b) Increases the limit but not to more than sixty miles per hou r; or (c) Decreases the limit but not to less than twenty miles per hour . . . . . 2 The Municipal Research and Services Center (MRSC) is a st ate funded organization that has provided legal consultati on and research to Washington cities for 42 years. DI.D
and marina roadways. The MRSC noted that if Des Moines still decided to adopt a 15 mph limit, the city would need to produce an engineering and traffic analysis indicating that a reduced speed limit is appropriate. MRSC felt that this would gi ve the speed limit the best chance for surviving a challenge in court. Des Mo ines initially adopted 15 mph limits, but later changed the limits. This office recognizes the ambiguity in the law, but feels the best interpretation of the law is that Auburn is not permitted to adopt 15 mph limits fo r alleys. If the city Council concludes otherwise, a 15 mph speed lim it could be challenged, but at wors t, the outcome to a successful legal challenge is a court ordering the city to raise the limit, and vo iding the challenging driver’s speeding infraction. If the Council is willing to accept this risk of a successful challenge, adoption of a lower speed limit should be accompanied by a supporting traffic study and a legislative record of the Council’s conclusion t hat state law permits a sub-20 mph limit. The Council should document that it is not arbitrarily and capriciously adopting a limit below 20 mph. A LTERNATIVE OPTION The WSDOT manager I spoke to obse rved that a speed limit is not always the best solution for controlling speeds on roadways, es pecially if a city is concer ned about particular roadways. She suggested we consider installing traffic ca lming devices, such as speed humps, in the particular alleys. She reports that Des Moines removed the tw o 15 mph speed limit signs the city had posted on its streets and replaced them with speed humps. Along with installing the devices, a city can inst all warning signs that display the suggested speed for the device. For example, the city could use a sign similar to the following: This sign may influence drivers to slow down both because it warns them of the hump, but also because it appears that the speed limit is 15 mph. In fact, that is simply the suggested speed for traveling over the hump. If the city desired to install traffic calming devices in alleys, WDOT suggest that it does so as part of the city’s traffic calm ing program. Using the program insures that the devices are installed according to a priority ranking and ar e installed consistent with budget allocations. I hope this information is helpful . If you have questions or would like me to perform further research, please contact me at x5026. DI.D
AGENDA BILL APPROVAL FORM Agenda Subject: Matrix Date: September 28, 2011 Department: Police Attachments: Matrix Budget Impact: $0 Administrative Recommendation:Background Summary:For Info Only Reviewed by Council Committees:Councilmember:Staff:Meeting Date:October 10, 2011 Item Number:DI.E AUBURN * MORE THAN YOU IMAGINED DI.E
MUNICIPAL SERVICES COMMITTEE PROJECT - GOAL MATRIX NO.PROJECT DESCRIPTIONLEADCOSTREVIEW DATE EST. COMPL. DATE STATUS 10PRed Light Photo EnforcementBob LeeOctober 24, 2011 Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-Mar); July (Prev Apr-June); October (Prev July-Sept) 2nd meeting of the month. Revised signage under construction.20PAnimal Control and RescueBrenda HeinemanOn-Going Council meeting 6/21 approved 2.5 year ILA for King County Animal Services. On 9/19/11 Council approved Resolution No. 4747 for Professional Services Agreement. (Animal Shelter and Service beginning January 1, 2013 with actual operations beginning January 1, 2013.)24PFireworks UpdateBob Lee On-Going MSC will have a work session to draft a proposal for fireworks control. Date of meeting TBD.26PGraffiti ProgramPlanning/PoliceOn-GoingHotline Phone No. 931-3048 Ext. 7 27PAnimal Control Licensing ProgramKevin Snyder Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-Mar); July (Prev Apr-June); October (Prev July-Sept) 2nd meeting of the month 28 PSolid Waste Rate ReviewShelley ColemanJune 2012 Review rate structure, solid waste fund balance and CPI application. Has the revised Rate Model done it's job? The Committee as a goal will pursue a minimum 10% commercial subsidy reduction until the cross-sector commercial subsidy is removed.29P Golf Course Working Capital Review and Future Plans Shelley ColemanOctober 24, 2011On-Going Review changed monthly at the second meeting each month.NO.ITEM OF INTEREST 3 IShopping Cart UpdateRandy BaileyJanuary 23, 2012 January (Prev July-Dec), July (Prev Jan-June)9 IPolice Chaplain's ProgramBob LeeJanuary 9, 2012 Charteris - organization to which Chaplains for PD and VRFA belong - mechanism for "petty cash" for Chaplain associated expenses Last Revision Date: 9/28/11 e:\mayor\PDFConvert.1206.1.Matrix_9-28-11.xls DI.E