HomeMy WebLinkAbout6382 ORDINANCE NO. 6 3 8 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTION
16.06.020 OF THE AUBURN CITY CODE; AND ADDING A
NEW CHAPTER, 18.80 TO THE AUBURN CITY CODE -
"NORTHEAST AUBURN SPECIAL AREA PLAN AND
AUBURN GATEWAY PLANNED ACTION," RELATING TO
SPECIAL AREA PLANS
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 the 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 development; and
WHEREAS, the Northeast Aubum Special.Area Plan planning area consists of
approximately 120 acres of property within the Aubum city limits generally bounded by
Aubum Way North, South 2774h Street, 45th Street NE, and the existing undeveloped
right-of-way of I Street NE. The planning area includes the Aubum Gateway project
area. The Aubum Gateway project area consists of approzimately 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 has conducted a
thorough review of the development anticipated wi4hin the Aubum Gateway project
area; and prepared an Environmental Impact Statement (EIS) and addenda to the EIS
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Ordinance No. 6382
November 16, 2011
Page 1 of 12
under the State Environmental Policy Act (SEPA), and provides for mitigation measures
and other conditions to ensure that such future development-will not create signficant
adverse environmental impacts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN;
WASHINGTON, DO ORDAIN.as follows:
Section 1. Amendment to Citv Code - Environmental Review Procedures.
That Section 16.06.020 of the Auburn City Code be and the same hereby is
amended to read as follows:
16.06.020 Adoption by reference.
The following sections of Chapter 197-11 WAC,.inciuding any amendments thereto, are
adopted by reference as if fully set forth herein:
WAC
197-11-040 Definitions.
197-11-050 Lead agency.
197-11-U55 Timing of the SEPA process.
197-11-060 Content of environmental rediew.
197-11-070 LimitationsonactionsduringSEPAprocess.
197-11-080 Incomplete or unavailable information.
197-11-090 Supporting documents.
197-11-100 Information.reguired of applicants.
� 197-11-164 Planned actions—:Definition and criteria.
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 informafion.
197-11-340 Determina4ion ofnonsignificance (DNS).
197-11-350 Mitigated DNS.
197-11-360 Determination ofisignificance (DS)! initiation of scoping.
197-11-390 Effect of 4hreshold determination.
197-11-400 Purpose of EIS.
197-11-402 General requirements.
197 11-405 EIS types..
197-11=406 EIS timing.
19Z=11-408 Scoping.
197-11-410 ExpandedscQping.
197-11-420 EIS preparation. .
Oriiinance No 6382
November 16, 2011
Page 2 of 12
197-11-425 Style and size.
197-11-430 Format.
197-11-435 Coverlettecor mema
197-11-440 EIS corrtents.
197-11-442 Contents of EIS on nonproject proposals.
197-11-443 EIS contents wlien prior nonproject EIS.
197-11-444 Elements of the environment.
197-11-448 Relatianship of EIS to other considerations.
197-111450 Cost-bene,fit anatysis. _
197-11-455 Issuance of DEIS.
197-11�60 Issuance of FEIS. .
197-11-500 Purpose of this part.
197-11-502 Inviting commenf.
197-11-504 AVailability and cost of environmental documents. .
197=11-508 SERA register.
197-11-510 Public notice. •
197-11-535 Public hearings and meetings.
197-11-545 Effect of no cominerrt.
197-11-550 Spec�city of commerrts.
197-11-560 FEIS response to c:omments.
197-11-570 Consulted agency�sts to assist lead agency. . -
197-11-600 When to use existing environmental'documents.
197-11-610 Use of NEPA documents.
197-11-620 Supplemental enyironmental impact statement— Procedures.
197-11-625 Addenda—Procedures.
197-11�30 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�80 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. °
197-1.1-722 Consolidated appeaL
197-11-724 Consufted agency.
197-11-726 Cost-benefit analysis.
Ordinance No. 6382
November 16,2011
Page 3 of 12
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 Environmen4ally 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 Mitiga4ion.
197-11-770 Natural environment. '
197-11-777 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 offcial. �
197-11-790 SEPA.
197-11-792 Scope.
197-11-793 Scoping.
197-11-794 Sign�cant.
197-11-796 State agency.
197-11-797 Threshold determination.
_ _ _.. _ _
197-11-799 Underlying goverrimental action.
197-11-800 Categocicaf exemptions.
197-11-880 Emergencies. - �
197-11-890 Petitioning DOE to change exemptions.
197-11-900 Purpose of this part.
19Z-11-902 Agency SEPA policies.
197-11-916 Application to ongoingactions..
197-11-920 Agencieswith environmental expertise.
197-11-922 Lead agency rules.
Ordinance No 6382
November 16, 2011
Page 4 of 12
197-11-924 Determining the lead agency.
197-11-926 Lead agency for govemmental proposals.
197-11-928 Lead agency#or publicand private proposals.
197-11-930 Lead agency for private projects with one agency with jurisdiction.
197-11-932 Lead agency for private projects requiring licenses from more than
one agency, when one of the agencies is a county/city.
197-11-934 Lead agency for private projects requiring licenses from a local
agency, not a county/city, and one or rimore state agencies.
197-11-936 Lead agency for private projects requiring 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 state agency.
197-11-942 Agreements on lead agency status.
197-11-944 Agreements on division of lead agency duties.
197-11-946 DOE resolution of lead agency disputes.
197-11-948 Assumption of lead agency status.
197-11-960 En"vironmental checklist.
197-11-965 Adoption nofice.
197-11-970 Determination of nonsignificance (DNS).
197-11-980 Determination of sign�cance and scoping notice (DS).
197-11-985 Notice of assumption of lead agency status.
197-11-990 No6ce of action.
(Ord. 4840 § 1, 1996.)
Section 2 New Chaater to Citv Code. A_ new Chapter, 18.08 "Northeast
Au6um Special Area Plan" is added to the City Code to read as follows:
Chapter 18,08
Northeast_Auburn Special Area Plan
and Aubum Gateway Planned Action
Sections
18.08.010 Purpose
18.08.020 Findings.related to the Northeast Aubum Special Area Plan
16.08.030 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 Measu[es
18.08.010 Purpose of the!Planned Action. The purpose of this Chapter is ta
A. Set forth a prooedure designating certain p�oject actions within a specific
subject site as"Planned Actions" consistent with state law, RCW 43.21C.031; and,
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Ordinance No.6382
November 16, 2011
Page 5 of 12
B. Provide the public with an understanding as to what constitutes a Planned
Action and how land use applications which qualify as Planned Actions will be
processed by the City; and,
C. Streamline and expedite the development review process for thia
'designated planned action' by relyirig on completed and existing detailed environmental
analysis for the subject site; D. Gombine environmental analysis with land use
planning; and
D. Apply the City's development regulations together with the mitigation
measures described in the Environmental Impact Statement(EIS) and this Ordinance to
address the impacts of future development contemplated 6y the Planned Action.
18.08.020 Findings related to the Northeast Aubum Special Area Plan
After thorough review and consideration, the city council makes the following
findings:
A. The Northeast Aubum. Special Area Plan ("subarea plan") and 'Rs
accompanying draft and final endirbnmental impact statement ("EIS") and EIS addenda
have analyzed and addressed all of the pro6a61e significant environmental impacts
associated with the land uses allowed by the city's development regulations and
described in the subarea plan as to the Northeast Aubum,Special Planning Area.
B. The analysis contained in the subarea plan and EIS and, addenda is adequate
to identify the probable environmental impacts 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 ident�ed in the environmental element of the
subarea plan, EIS and EIS addenda, together with the regulations in the city's
development code, are adequate to identify and mitigate the probable significant
environmental impacts ofi the land uses and developments considered within the
planned action and subareaplamand EIS documents.
D. The expedited development review procedure in this chapter is consistent
with law, will be a benefit to the public, will protect the environment, and will enhance
the city's economic clevelopmerrt.
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 requirements of law, and have been sufficient to
ensure that the subarea plan anci EIS bear a sulistantial relationship to the public
interest, health, safety, and 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 Aubum Special'Area is here6y designated a planned action.
78.08.030 Applicability of the Planned Action.
A. Planned Action Area: This Chapter applies to approximately 70 acres
included in the Aubum Gateway project area as described in the Northeast
Aubum/Robertson Properties Special Area Plan EIS, Is'sued by the City on July 30,
2004 (and any addenda thereto) and the adoption of tfie Northeast Aubum/Robertson
Ordinance No. 6382
November 16, 2011
Page 6 of 12
Properties Special Area Plan. Any other planned action for which the impacts have
been studied in an EIS shall also meet the requirements of this Chapter, be approved
by the Planning and Community Development Director (Director), and be designated as
a planned action by resolution of�the City Council before it shall be entitled to review
and treatrnent as a planned action under this Chapter.
B. Environmental Document: A planned action for a site-specifia development
shall be based on the environmental analysis corrtained in the Northeast
Aubum/Robertson Properties Special Area Plan EIS; Issued by the City on July 30,
2004 (and any addenda thereto.) The mitigation requirements in this Chapter are based
on the Northeast Aubum/Rotiertson Properties Special Area Plan EIS. These
requirements, together with City codes, ordinances, and standards provide fhe
framework for the decision by the City to impose conditions on a Planned Action project.
C. Planned Action Designated: Uses and activities described in the
Northeast Aubum/Robertson PropeRies Special Area Plan EIS and (any addenda.
thereto) subject to thresholds (ACC 18.08.040) and mitigation measures established by
this Ordinance, are designated planned actions pursuant to RCW 43.21 C.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 deyelopment described below have
been evaluated in the Northeast AuburNRobertson Properties Special Area Plan EIS,
as described in the EIS (anii any addenda thereto), are planned actions pursuant to
RCW 43.21.C.031. In order 4o qualify as a planned acEion total cumulative developmerrt
within the Aubum Gateway 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 authorized under this
planned action:
a. Office
b. Retail
c. Multifamily residential
2. Land use review threshold. The planned action designation applies to
future development proposals wRhin the Aubum Gateway project area which are within
the range evaluated in the Northeast Aubum/Robertson Properties Special Area Plan
EIS and the EIS addendum as shovm below.
Use Maximum Allowable Maximum Structure
Hei ht
MuRifamil Residences 500 dwellin units 75 feet
Retail uses 720,000 s uare feet ' 75 feet
Office uses 1,600;OOOs �uare feet. ' 75feet
B. Transportation:
1. Trip Ranges: Cumulatiye development within the Aubum Gateway project
area that does not exceed the following range of trip generation from all uses developed
within the Aubum Gateway project area shall qual'rfy as a planned action:
Ordinance No. 6382
November 16, 2011
Page 7 of 12
Maximum Net New (non-pass by) Trip Generation Allowable in the Aubum Gateway
Pro'ect Area
Time Ran e Net New Tri s
AMPeakHour rima 1,862
PM Peak Hour rima 2,419
Daily Total 18,920 Non-Pass-by Trips ("Aubum Gateway Transportation
Impact Analysis" prepared by Transportation Solutions, 9nc in October 2011 for the
Aubum Gateway Environmental Impaot Statement(EIS) addendum)
2. The Net New (non-pass by) trip generation within a single phase shall qualify
as a planned action that does not exceed the following:
Maximum Net New Trips Allowable within a Single Phase of the Auburn Gateway
Pro'ect Area
Time Ran e Net New Tri
AM Peak Hour rima 1,117
PM Peak Hour rima 1,451
C. Earthwork:
The maximum of amount of excavation and fill qualifying as a planned actiort
shall be 250,000 cubic yards of excavation and 750,b00 cubic yards of fill.
D. Air Quality:
Modifications to regional arterials included in the planned action include,potential
new signals on Au6um Way North at 45th Street NE and 49th Streef NE, and at the
driveway access to Auburn Way North midpoint between the two intersections, 'rf
demonstrated by analysis of signal warrants and on South 277th Street and 45th ST'NE �
at a relocated I Street NE. A roundabout or traffic signal would be provided at the
intersection of 49`h ST NE and I ST NE and a future signal at 45�" ST NE.
E. Water.
1. Floodplain modifications. Up to 33.73 acre feet of floodplain storage
volume may be filled within theAubum Gateway project area based on the 1995 FEMA
floodplain, The actual amount of floodplain modification and storage compensatory
flood storage volume will depend on the FEMA floodplain regulations in effect at the
time of development. Since the extent of floodplain.and amount of fill may be subject to
change it may be subject to furth.er environmental �eview. The amount of floodplain
affected will require that compensatory volume is provided at the time of fill.
2. Impervious surfaces- up to 90 percent of the Aubum Gateway site area
may be covered with impervious surFaces
F. Plants and Animals:
Up to 0.55 acres of wetland fill placed in accordance with local, state; and fe.deral
regulations in the wetland ditches along Sou4h 277th Street (approximately 0.5 acres),
and as necessary to complete required improvements for I Street NE and 49th Street
NE. (up to 0.25 acres of wetland fill within the Aulium .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 uVill be in accordance with local, state and.
federal regulations in effect.
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Ordinance No. 6382
November'16, 2011
Page 8 of 12
G. Time of submission: The application is submitted during the time that the
Development Agreement between the City ofiAubum and Robertson Auburn Properties,
entered into on , is in effect.
18.08.050 Review Criteria for Planned Actions
A. The Director or Director's designee is hereby authorized to designate a
project application as a Planned Action ff the project meets all of the following
conditions:
1. The project is consistent with the adopted.Comprehensive Plan.
2. The project is located on the subject site as described with the Planned
Action Ordinance.
3. The project's signficant environmental impacts have been adequately
addressed in the EIS.
4. The project complies with the Planned Action Thresholds.
5. The projecYs significant impacts hade been mitigated though application ofi
the mitigation measures identified in the EIS documents and otherCity requirements.
6. The project is not an essential public facility.
18.08.060 Effect of Planned Action designation
A. Upon designation by the Planning Director that the projecG qual�es as a
Planned Action, the project shall not be subject to a SEPA threshold determination, an
environmental impact statement (EIS), or any further review under SEPA.
B. Being designated a Planned Action means that a proposed project has
been reviewed in accordance with this Ordinance, and found to be consisteM with the
development parameters and environmental analysis included,in the EIS documents.
C. Planned Actions will not be subject to further procedural review under
SEPA. However, projects may be subject to conditions designed to mitigate any
enVironmental impacts which may result from the project proposal, and projects will be
su6ject to whatever permit reguirements are deemed appropriate by the City under
State and Ciry laws and ordinances. The Planned Action designation shall not excuse a
project from meeting 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 projects and determine
whether they meet the Planned Action criteria, and establishing minimum application
and notice requirements. The procedure shall consist, at a minimum, of the following:
A. Developments shall meet the requirements of ACC Titles 12, 13, 14, 15,
16, 17 18, and 19. Application shall be made on tlie forms provided by the City and
shall include a SEPA checklist [where approved through VVAC 197-11-315(2)] or such
other environmental review forms provided by the City.
B. The Director shall determine if the application is complete as provided in
ACC 14.06.
C. If the project is within the area designated as a planned action, the
application shall be reviewed to determine if it is consisterrt with all of the requirements
in this Chapter.
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Ordinance No. 6382
November 16, 2011
Page 9 of 12
D. When a complete application for development has been determined by the
City to qual'rfy as a planned action,The Director shall notify the applicant and the project
shall proceed in accordance with the appropriate permit procedure, with the exception
that no additional SEPA review, threshold determination, o� EIS shall be required.
E. Public notice for prbject qualifying as planned actions shall be tied to the
underlying permit. If notice is otherwise required for the underlying permit, the notice
shall state that the project has qualfied as a planned action. If notice is not otherwise
required for the underlying permit, no special notice is reguired.
F: If a project is determined to not qualify a_s a planned action, the Director
shall so notify the applicant and the SEPA respbnsible official; shall prescribe a 8EPA
review procedure consistent with the City's SEPA regulations and the requirements of
state law.
18.08.080 Planned Action Mitigation Measures .
The Planned Action MRigation Measures set forth in the Exhibit 1 attached hereto ,
and incorporated herein by this reference shall apply to the project ident�ed therein.
This Exhibit 1 shall not be codified with the provision of Chapter 18.0 of the City Code,
but shall be on file and available for review in the Office of the City Clerk.
18.08.090 Amendments
Amendments to this Chapter may be initiated by the City, the proponent, or the
proponertt's successor; and shall occur as follows:
A. The Planning Director or Public Works Director, in their area of
responsibility, may interpret the words and meaning of certain conditions in order to
resolve conflicts in implementation. All words in the ordinance shall carry their
customary and ordinary meaning.
B. If changes to the language of the ordinance are required, such proposed
changes shall be reviewed by the Planning and Development Committee of the Ciiy
Counc'il, or its successor.
If the change is minor, then the Committee shall make a recommendation to the
City Council. If the Change is major, the Committee shall refer the change to the
Hearing Examiner. For major changes the Examiner shall conduct a public hearing and
make a recommendation to the City Council..
Section 3. Imolementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary.to carry out the directions of this
legislation. ,
Section 4. Severabilitv. The provisions, of this ordinance are declared
to be separate and severable: The invalidit�r of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
Ordinance No. 6382
November 16, 2011
Page 10 of 12
Exhibit 1 - Planned Action Mitigation Measures
Ordinance No. 6382
November 16, 2011
Page 12 of 12
Ezhibit 1
Auburn Gateway Planned Action
In addition to compliance with all applicable ciry, state;.and federal regulations that apply
to the Aubura Gateway Project, the following conditions apply to development within the
Auburn Gateway Project Area:
A. Prior to Alteration of the Site by DemoliHon of Structures or
Grading
Cultural Resources
1. Prior to alteratiott of the site by demolition or grading,.in order to preserve a record of
the drive-in theater, photo documentation to recognized arcluval 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 VJhite River
Valley Museum,as permarient repbsitory.
2. Pr'►or to alteration of the site by demolition or grading, a professional azchaeologist
shall be retained to monitor any ground-distu;bing construction excavation that,
penetrates fill deposits imo native alluvial soils. Proof of the services of professional
azchaeologist shall be provided to the City. If duting site alteration activities any
hunter-fisher-gatherer or historic period azchaeological deposits or human remains are.
discovered in any portion.of the Aubum Gateway project azea, ground-disturbing
activities shall be halted immediafely in an azea lazge. enopgh to maintain the integ;ity
of the deposits. Upon the discovery of any such deposits or rem i�ns the City of
Auburn, the state Office of Archaeology and Historic Preservation, the Duwamish
Tcibe, the Muckleshoot Indian Trilie, and a prbfessional archaeologist shsll be notified
immediately. Treatment of tfie archaeological deposits or human remains shall be
coordinated and implemented througfi consultation among these parties.
B. Prior to Issuance of any Clearing or Grading Permits within
Either the North and/or South Phases of the Project:
Air Quality
1. Prior to issuance of a clearing or grading permit for eittier phase, the Applicant must
suba►it an sir quality plsn tliat evaluates. tlie potential impacts due to exhai�st
eaussions and fugitive dust during construction. The plan which must be reviewed and
approved by the City, shall establish means for be minimizing impacts by
implementing thefollowing:
° Use only equipment and avcks that are maintained in optimal operational
condition.
Exhibit 1,page 1
■ 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 earission fuels for
vehicles and equipment
° Evaluate and as appropriate use carpooling or other trip reduction strategies for
consriuction workers.
■ Stage construction to minimize overall transportation system congesrion 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 sir quality standatds (NAAQS) for ozone, and
work at night instead. ,
■ Implement restrictions on consiruction 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 popularions, such as the elderly and the '
y��g,
■ Spray exposed soil with water or other suppressant to reduce particulate
emissions of PM,o and deposition of particulate inatter.
■ Pave or use. gravel on staging areas and roads that will be exposed for long
periods.
° Cover all trucks lransporting 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;o emissions and deposition during transport.
■ Provide wheel washers for the rea►ovai 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 mads, sidewalks, bicycle.
paths, and pedestrian paths to reduce mud and dust; sweep and wash streets
continuously to reduce emissions.
■ Cover dirt, gravel, and debris piles as needed tb reduce dust and wind-blown
debris.
■ Route and schedule construction trucks so tl�at�c delays are reduced during
peak travel times to minimize air quality impacts caused by a reduction in
traffic speeds.
Stortn Drainage
2. Prior to issuance of a clesring 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 plau can address a pt�aase or project
specific azea and shall be in conformance with ttie City's Engineering Design
Standards that include best management practices (BMPs) to prevent erosion,
Exhibit 1, page 2
sedimentation, and release of other pollutants during construction. The TESC plan
shall identify any proposed phasing. Typical minimum BMPs for erosion and
sedimentation controt should be utilized for the Auburn Gateway Project area,
including silt fences, stockpile covers, mulch or other temporazy ground cover in
disturbed azeas, protection devices for storm dtain inlets on nearby streets, stabilized
construction enirances and staging azeas, and sediment traps or ponds for concentrated
runoff flows. The following minimum site-specific BMPs shall be included in the
TESC plan to add=ess specific construction-related impacts:
■ The area of exposed bare soil created by cleating 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-yeaz floodplain, witlun
wetland buffers, or within twenty-five (25) feet of surface water conveyance
ditches.
■ All azeas 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 velucles on
surrounding streets.
° Construction equipment shall be outfitted with emergency spil] kits and
construction crews shall be trained in their proper use.
■ Cleazing and grading operations in wetland buffers shall be scheduled so that
grading occurs only one time. T'his 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 desi�n capacity of the filtration system, sediment trap, pond, or
downstream drainage system.
■ Control and treatment of any contaminated veater shall meet all applicable
regulatory requirements.if contaminateil ground water is present in the vicinity . .
of dewatering acdvities.
3. Prior to issuance of a clearing or g;ading permit for either phase, the Applicant shall
apply for and secure a Construction Stormwater General Permit or equivalent
required by the Narional Pollutant Elimination Discbarge System (NPDES), Phase 2
through the Washington State:Department of Ecology.
Grrading/Critical Areas
Exhibit 1,page 3
4. Prior to issuance of a clearing or grading permit for either phase, the Applicant shall
prepaze for the City's approval a Master Gradiag Plan, including a geotechnical
engineering repoft that evaluates the hydrogeologio- effects of the grading plan and
includes methods for grading and constructing the project in such a manner to prevent
impacts on wetland hydrology andnearby basements. The geotechnical report mpst: •
■ Assess the degree of soil compaction and settling expected and the
corresponiiing change in soil porosity and uansmissivity of existing or
proposed soils throughout the proposed development.
■ Assess the likely effects of altered geotechnical soil properties aad stormwater
infiltration processes on ground water levels at and neaz the proposed
development.
° Chazacterize the expected water level regime throughout a full typical annual
cycle, as well as during reasonably foreseeable drought and storm periods.
■ 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 infiltradon could be accomplished
by various methods including, but not limited to, reducing the azea of
impervious surface at the site through reduction of azea devoted to roofs,
parldng 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 porid 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 daring 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
sha11 wnform to The Department of Ecology's Stormwater Management
Manual for Western Washington (Ecology 2001) guidance for performing the
wetland hydroperiod analysis, inforniation 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 basemenu in nearby structures throughout a full
typical annual cycle:
° Specify a monitoring plan to continue thmugh full development period and for
five (5)yeazs thereafte; to ensure that the measures talcen adequately mitigate
the impacts on ground water and wetland water levels.
E�chibit 1,page 4
■ 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 applioant shall provide a binding agreement
to implemeat such corrective measures prior to the issuance of clearing and
grading permits within either phase of the project..
Critical Areas/I-Iabitat
5. Prior to issuance of a clearing or grading permit for either phase, the Applicant shall
ensure compliance with the National Marine Fisheries Service (NMFS) Biological
Opinion, and meet Federal Emergency Management Agency (FEMA) and National
Marine Fisheries Service (NIvIFS) requiremenu for providing adequate protsction to
endangered species pursuant to a city floodplain development pernut for any alteration
within regulatory floodplain.
6. Prior to issuance of a clearing or grading pernvt for either phase, the AppGcant shall
prepaze a critical areas report related to wetland and fish habitat,(including a V✓etland
Mitigation Plan) meeting applicable requirements for mitigating potential project
impacts. The plan sha1L•
■ Coordinate wetland mitigadon 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 Ciry Code Chapter 16.10. Mitigation could
be implemented by on-site or off-site wetlan3 enhancement or creation
consistent with local, state and federal regularions:.
■ For any new wetland impacts, provide buffers in accordance with Auburn Ciry
Code Chapter 16.10.
■ Provide a mitigadon plan for approval by regulating agencies for the planting or
enhancement of wetland 6uffers with native plant species as soon as possible
after initial site grading is completed.
■ 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.
■ Schedule 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/spawtiing, 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 minimi�e sedimentation and
potential hazardous spills that could affect both the onsite and offsite water
bodies.
Exhibit l,page 5
■ i��;n�.�,;�P night lighting near wedands during construction. Identify locations
and types of night lighting to be nsed for development that minimizes light
impacts on wetland habitats and buffers:
� Establish a protocol for wefland and hydrologic monitoring to ensure tliat
wetland mitigation and newly planted .wetland buffers aze _thriving after the
installation of the plantings is completed. Provide financial security in, an
amount commensurate to guazantee monitoring, maintenance and contingency
measures.
■ Wetland monitoring should continue annually for a minunum of five (5) years
after the project is completed or as needed to be consistent with approval &om
other agencies with jutisdiction, and should include observations and reporting
of native vegetation and hydrologic conditions that may be adversely affected
by fill or alterations adjacent to wetiand areas.
■ Replace the culvert at the intersection of I Street NE and South 277ttt Street
with a fish passable culvert(J.S. Jones and Associates, Inc.,2010).
■ Identify design and construction techniques to protect wedands and, wetland
buffers from the inhvsion of humans and domestic animals by means of
bazriers to humans and domestic animals; while still allowing aesthetic visual
enjoyment of these areas.
° Require modifications to stormwater andlor 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 shalI
be required prior issuance of clearing or grading permits.
■ Revegetate portions of the project area that aze dishubed only for consuvction
purposes (e.g., azeas sunounding buildings or construction staging areas) as
soon as possible after`construction is completed. Establish a protocol for and
wnduct monitoring to ensure that newly plante.d 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 m;.,;t,,;ze
potential impacts to surface water (including South 277th Street roadside ditch)
during construction.
o In-water construction activities will be regulated by the Hydraulic Project
Approval (HPA) issued by the Washington State Department of Fish and
Wildlife (WDFV1� for the project. The aaticipated in-water work should
occur from July 1 to.Angust3l, or when trie water bodies in the project area
are dry or as conditioned in the HPA. This will lunit 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 similaz
facilities should be set back at least 100 feet from the top-of-bank of the
water courses with dowasl�eam fish habitat.
Exlubit 1,page 6
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 aze required to
be immediately and safely transferred to free-flowing water downstream of
the bypass following methods oudined in the anticipated HPA for this
project.
o The project proponent should seek assistance from WDFW to remoye fish
prior to construction if WDFW personnel are available. If WDFW
personnel are not available, the pmject proponent should azrange for the
removal of fish by a qualified fisheries biologist.
o The amount of azea that is cleazed and gaded at any one time should be
limited, and conshuction acrivities should be scheduled soon after an area
has been cleared and s�ipped of vegetatioa
o Construction areas and limits of work shall be clearly identified in the field
and on plans to mi++imi�p habitat disruption.
o Where possible, native vegetarion removed during construction shall be
replaced with native tree and shrub species following consh�uction. 'fhese
actions will increase the water quality, hydrologic, and habitat features
associated with these azeas.
o Buffers shall be established and planted with a mixture of native tree and
shrub species. Establish a protocol formonitoring to ensure that midgation
and newly planted buffers are thriving after the installation 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 iato final design to increase habitat compleacity and provide
cover for fish species. T'he performance of habitat features shall be
monitored and reported.
o Relocated water courses should include fine grading necessary to establish
complex habitat types including pool aad riffle complexes, wtrich may
require the installation of grade control structures. 1'he performance of
habitat features and grade control shuctures should be monitored and
reported for a period as approved by reviewing agencies.
o The relocated portion of water courses stiaU allow for placement of
spawning sized`gavel at a minimum depth ofsix inches.
o The culvert at the intersection of I Street NE and Souih 277"' Street shall be
replaced with a fish passable culvert (J.S. Jones and Associates, Inc., 2010).
7. Prior to issuance of a clearing or grading permit for-either phase, the Applicant sha(1
provide proof of approval &om the City of Kent for use of the City of KenYs 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 the City of Kent.
Exhibit 1,page 7
Site Contamination
8. Prior to issuance of a clearing or grading peniut for either phase, the following
mitigation measares 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 azeas of contamination to provide a
basis for planning invasive work and documentarion for the Washington
Deparhnent of Ecology.
■ As part of grading or building pemut applications, incorporate construction
specification provisions for abatement, removal, storage, transportation, and
disposal or treahnent of contaminated media (requiring contractor-generated
management plans).
■ As part of grading or tiuilding permit applications, incorporate construction
specifications to minimize public exposure to contaminants via both airbome
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 Depamnent of Ecology policies,
procedures,and requirements.
■ As part of grading or building pernut. applications, demonstrate how the
Applicant will avoid contaminated azeas to *++�n�m»e potential impacts (i.e.,
restrict builcling construction above contaminated ground water).
■ As part of grading or building permit applicadons; demonstrate that any
hazardous waste generated as part of this project will be transported to .
permitted faciliti8s by endties licensed by the state Department of
Transportation for tliat purpose.
Conshuction Noise
9. As part of clearing, gradirig or building permit applicarions, the following measures
shall be implemented to mitigate noise during construcrion of the project:
■ Develop a mitigation plan,for construcdon noise that includes a schedule of
construction activities, tfie intensity and dwatiod of the noise generated during
these activities, and tlie location of the actiyities relative to the neazest noise-
sensitive receivers. The 'plans sha11 demonstrate that the project will comply
with the city noise polices and state regulations for conslrucrion 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 tumed off if it will idle for more than
five(5) minutes.
Exhibit 1, page 8
■ Restrict construction activities to daytime hours unless an expansion of
construction hours is approved in advance by the City. Nighttime hours aze
before Z`.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.
■ Place stationary equipment, including pumps, compressors, welding machines
and similaz equipmem, as far as possible away from noise-sensidve receiving
locations, while maintaining the effective:tise of'such equipment: Where ttris is
infeasible or where noise impacts are still likely, place po;tabie noise barriers
azound 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 forwazd rather than backward, where
feasible,to m;n;mi�a noise from backup alarms.
■ Require operators to lift rather than drag materials,wherever feasible.
C. Prior to Issuance of any Permits for Construcdon in the
Floodplain within Either the North and/or South Phases 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 Floodplain
- Deve(opment Permit pursuant to Auburn City Gode 15.68., including any Habitat,
Impact Assessment and, if applicable a Habitat Mitigation Plan. The applicant shall
also incorporate the following performance measures into any temporary erosion and
sedimentation control (TESC).plans for project azeas located within floodplain: .
■ Compensatory floodplain storage sha11 be provided at a 1-to-1 ratio for all
projecu that involve the placement of fill in the FEMA ]00-year floodplain in �
effect at the time the permit application is deemed complete by the City..
Compensation shall be const�ucted 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
developmenu.within the Project area that are aot compensated for completely
by constructed flood storage within the Port of Seattle mitigation wetland to
which legal right of use has been secured.
■ The ground surface of any compensatory floodplain storage shall be below the
100-year Crreen River flood elevation and aboye the seasonal high ground water
elevation, and shall be provided with aclequate hydrologic and hydraulic
connectivity to the tloodplain azeas north of South.277m Street.
° If any portion of the compensatory floodplain storage is provided within the
Port of Seattle mitigation weUand to which legal right of use has been secured,
Exhibit 1, page 9
then a flood conVeyance channel of sufficient capacity shall be installed to
connect the Crreen Riyer 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 looated on the sonth side of South 277th Street arid
extend west &om the existing north-south flood cliannel located on Port of
Seattle property to the existing twin-barrel6-footby 3-foot box culvert under S
277th Street connecting to the Crreen 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 Sueet
improvements. The flood conveyance cbannel shall be in place prior to
placea►ent of any fill. -
D. Prior to any Issuance of Permits for Vertical Construction
within Either the North or South Phases of the Project:
Storm Drainage
1. Prior to issuance of permit for vertical construction,.the Applicant shall provide to the
Cityfor review and approval a8torm Drainage Master Plsn for the combinedNorth
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. Tlie
storm drainage master plan shall contain sufficient infotmation, including supporting.
stortn drainage calculations, to demonstrate t6at the system desig► and configuration is
feasible and is capable of ineeting city standards.
In addition, if the storm drainage discharge from the project is not as proposed in
previous drainage analysis prepared for the purposes of the EIS ("Hydraulic Model
Evaluation of Potential Drainage System Impacts Associated with the Aubum Gateway
ProjecY', Herrera, 2003) and the discharge is all directed to either: South 277th Street
(EIS Scenario 3a) or split evenly between South:277th Street and D Str�t NE (EIS
Scenario 3b), then additional downstream drainage analysis shall be required as
directed by the City Engineer prior to issuance of a permit for vertical construction.
If all the storm drainage discharge from the project is directed to South 277�' Street
(EIS Scenario 3a) the applidapt.shall design tfie master plan to include the following
storm drainage improvements for any phase of development:.
• Replace the existing storm drainage pipe locafed in D Street NE with a 36-inch
pipe in D Street NE from South 277�' Street to Auburn Way North.
The master storm drainage plan shall also define wfiich improvemenu are to be
constructed concunent with each phase of the project (North Phase, South Phase, or
Combined North and South Phases).
Extribit 1,page 10
Water
2. Prior to issuance of permit for vertical construction, the Applicant shall provide to the
City for review and approval a Water Master Ptan•for the combined North and South
Phases of the Prbject. The plan shall include the approximate location and size of all .
pipes, valVes, and.Sre hydrants in conforn�ance with the City's.Comprehensive Water
Plan and Engineering Design Staridards. The Water Master plan shall comain
sufficient information, including &ydraulic analysis if deemed necessary by the City
Engineer, to demonstrate that the system layout is feasible and provides adequate fire
flow and system reliabiliry.
The master water plan shall also define wlrich impmvements are to be constivcted
concurrent with each. phase of the project (North Phase, South Phase, or Combined
North and South Phases) as follows:
North Phase
• Re�lace the existing_8-inch:and 6-inch water pipes with l2-inch water pipe in
49 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�' Street NE and South 277`� Street.
South Phase
• Re�lace the existing 8-inch and 6-inch water pipes"with 12-inch water pipe in
49 Street NE from Auburn Way North to I StreeYNE.
e Consh�uct a new 12-inch water pipe along the extension of I Street NE between
45m Street NE and 49�' Street NE.
Combined North and Sonth Phaves
Tlie combined water system mitigation listed above, for the North and South
Phases.
Sanitary Sewer
3. Prior to issuance of permit for yertical wnstruction; thg applicant shall provide to the
City for review and approval a Sanitary Sewer Master Plan for the combined North
and South Phases of the Projeck The plan shall include ihe approximate location,
elevation, and size of all pipes and. manholes in confoimance with the City's
Comprehensive Sanitary Sewer Plan and Engiaeering Design Standards. The sanitary
sewer master plan shall confain sufficient information, including hydraulic analysis if
deemed necessary by the City Eagineer, to demonstiate that the system layout is
feasible and is capabie of ineeting city standards.
The master sanitary sewer plan shall also define which. improvements are to be
conshucted concurrent with each phase of the project (1Vorth Phase, South Phase, or
Combined North and South Phases).
Exhibit 1, page 11
Storm Drainage, Water, and Sanitary Sewer ,
4. Prior to issuance of permit for vertical construction,the Applicant.shall submit civH
ntilities construction plans, consistent with the appmved combined North and South
Phases of the:
' master storm drainage plan,
' master water plan,and �
* master sanitary sewer plan
to the City for ceview and approval in conformance with the City's Engineering Design
Standards.
Transportation �.
5. Prior to issuance of permit for vertical construction, the Applicant sha11 provide a
master plan for pedestrian/non-motorized circulation to tfie City for review and
approval. The master plan for pedesirian/non-motorized circulation sha11 be in
conformance with the City's engineering design standards and provide an efficient and
safe pedestrian circularion system that provides appropriate crossing of I Street NE; D
Street NE, and 49th Street NE at places where pedestrian/non-motorized crossings are
likely to occur and where crossings can be safely accommodated with necessary
improvements to min;mi�P travel distance. The master pedestrian circulation plan shall
specify the loaation and types of paths, the materials and methods to be used to
promote safety at street and driveway crossings, and the &amework of connections and
amenities to be developed, as described in the "Aubum Gateway Architectural and Site
Design Standards", BCRA Inc., October 2011.
The master plan for pedestrian/non-motorized circulation 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).
6. Prior to issuance of permit for vcrtical construction, the Applicant shall provide a
mavter transit plan to the City for review and approval. The plan shall be coordinated
with King County Meuo Tfansit .and shall include the appmximate locations of
existing and proposed hansit stops and associated facilities serving the Auburn
Gateway Project. The plaa shall also address opportunities to provide weekday pazk&
ride spaceswithin the Aubum Gateway Project.
The master transit plan shall also define wluch transit unprovements aze to be
, constructed concurrent with each phase of the project (North Phase, South Phase, or
Combined North and Sowh Phases)
7. Prior to the action indicated in the heading above; the Applicant shall pmvide 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 Design Standar3s and include
locations and dimensions of access points expected for all portions of the Aubum
Gateway project area The acces"s and onsite vehiculaz circulation plan must be
Exhibit 1,page 12
accompanied with a traffic analysis that indicates commerciaUdelivery vehicle turning
templates, emergency access lanes, and the volumes of traffic and levels of service
expected at eacfi access location.
The master access and onsite vehiculaz circulation plan shall also define which access
points aze to be constnzcted concurrent with each phase of the project (North Phase,
South Phase,or Combined North and South Phases).
Prior to issuaace of permit for vertical construction, the Applicant shall provide a
master motorized public improvement plan.to the City for review and approval.
The plan shall be in conformance with the City's Engineering Design Standards and
include sh�eets; haf�ic signals, and intersection improvements for all portions of the
Auburn Crateway project area.
The master motorized improvement plan shall also define which street improvements
are to be constructed concurrent with each phase of the project (North Phase, South
Phase,orCombined North and South Phases) asfollows:
North Phase First
■ Widen South 277'� S�eet to include two westbound through lanes, three
eastbound ttirough lanes, paved shoulder; drainage systems, planting strip aud
12-foot wide paved nori motorized trail between L St NE and Aubum Way
North. __
■ Complete a traffic signal at the intersection:of South 277�' Street and I Street
NE including two Uaffic monitoring cameras.. The signalized intersection shall
consists of two westbound through lanes,two westbound left tum pockets,three
eastbound:through lanes, one eastbound right;turn pocket, and thiee northbound
tuming lanes.
■ Complete one eastbound right tum pocket at the intersection of South 277�'
Sh�eet and D Street NE.
■ Complete one westbound right turn pocket at the intersection of Auburn Way
North and South 277`" Su�et.,
■ Complete I Street NE from.49`� Street NE to South 277`� Street. This roadway
shal] be designefl to the city's miaor arterial standaazd and include five travel
lanes (two lanes in each direction plus a raised landscape island with tum
pockets at imersections)and_bioycle lanes. Auxiliary right-turn lanes may also
be required at driveways as identified in the rnaster access and onsite vbhicular
circulation plan.
■ Complete a traffic signal at intetsection of I Street NE and 49'� Street NE
including one haffic monitoring camera wtiea 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 eictension of 49�' St NE.
■ Complete 49�' Street NE between Auburn Way North and ihe eastem property
line of the Auburn Gateway project area. This street shall be designed as a
Exhibit 1,page 13
minor arterial with three lanes (one lane in each direction plus a center left-turn
lane) and bicycle lanes.
■ Complete s haffic signal at the intersection of 49�' Street NE and Aubum Way
Norfh including one traffic monitoring camera. The signalized intersection shall
be widened to facilitate northbound and southbound u-tums.
■ Complete a traffic si�al at the intersection of 45`� Street NE and Auburn Way
Norfh including one h�affic monitoring camera when any traffic si�al wazrant
is met at tlris intersection up to two years after issuance of finai occupancy of
full project build-out or prior to wnstructing a sigial at the south development
access drive at Auburn Way North.
• Construct a cul-de-sac at southem terminus of D Street NE at Auburn Way
North and eliminate the vetriculaz connection to Auburn Way North.
South Phase First
■ Widen the south side of South 277`" 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 tum pocket at the intersection of South 277w
Street and D S�eet NE.
■ Complete I Street NE from 45�' Street NE to 49�' Street NE. This roadway shall
be designed to a minor arterial standard and include five travel Lanes (two lanes
in each direcrion plus a raised landscape island with tum 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 sigial at intersection of I Street NE and 49�' Street NE
including one traffic monitoring camera When the north, south, and west legs
of the intersection are each connected to through s�eets. The signalized
intersection shall be widened to facilitate northbound and southbound u-turns
and include a leg for the future eastwazd street extension of 49�' St NE.
■ Complete 49�' 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`� Street NE and Aubyrn Way
North including one traffic monitoring camera. Thesignalized intersection shall
be widened to facilitate northbound and southbound u-tiuns.
° Complete a traffic signal at the intersection of 45�' Street NE and Auburn Way
North including one traffic monitoring camera when any h�affic signal warrant
is met at this intersection up to two years a8er issuance of final occupancy at
fiill project build-out or prior to constructing a signal at the south development
access drive at Auburn Way North.
■ Complete a traffic si�al at tlie intersection of 45�' Street NE and I Street NE
including one traffic monitoring camera when any traffic signal warrant is met
Eachibit 1,page 14 .
at tlus intersection up to two years after issuance of final occupancy at full
project build-out:
■ Construct a cul-de-sac at southem ternunus of D Street NE at Aubiun V✓ay
North and eliminate.the vehiculaz connection to Auburn Way North.
Combined Nort6 and South Pha§es
■ Complete the combined improvements listed above for the North and South
Phases.
8. Prior to issuance of permit for vertical cons�uction, the Applicant shall submit civil
transportation constraction 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 yehiculaz circulation plan, and
* master motorized public improvement plan
to the City for review and approval in wnformance with the City's Engineering Design
Standards..
Signage
9. Prior to issuance of permit for 4erticai construction, the Applicaat shall submit a
master signage plan to establisfi locations sizes and materials for all rypes of signage
to be used in subsequent phases (except traffic control signage). The master signage
plan shall be prepared in accordance with the provisions of?,CC 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 commercial and directional signage as well as
interpretive material such as information on wildlife near wetlands or historical
infotmation about the area The plan shall be coordinated with the Auburn Gateway
Architecturat and Site Design Standards document. The master signage plan shall be
recorded as required by ACG 18.56.030.M.
Project plans shall demonsirate that the proposed p;oject is consistent with the
approved_ master sigiage plan. Modifications to the master signage plan may be
allowed by the Planning D"uector only after determining that the changes are consistent
with the "Auburn Gateway .Arcliitectural and Site Design Standards", BCRA Inc.,
October 2011.
VisuaVAesthetics
T0. Project consh�uction plans shall adhere to the document: "Auburn Gateway
Arclritectural and Site Design Standards", BCRA Iac.; October 2011 .
1 I. Project plans shall incorporate principles of crime prevention through environmental
desi� (CPTED) in all project designs. These include but are not limited to the
measures discussed in the"Auburn Gateway Arctutectural and 8ite Design Standards",
BCRA Inc. October 2011.
Exfiibit 1,page TS
Noise
12. Prior to the issuance of a permit for vertical construction, tt►e Applicant shall prepare
and submit a noise contrnl 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 a'v conditioning [HVAC] systems),loading docks, solid waste removal
areas, wmpactors, outdoor retail speakers, and backup powei generators, cannot be
located away &om noise-sensitive receivers. The City of Aubum may require noise
containment systems where necessary to meet the noise regularions. Prior to the
issuance of a permit for vertical construction, the Applicant shall pmvide a binding
agreement to ensure that all .subsequent appiications for City approval shall meet
parameters of the approved noise control plan.
13. Project plans shall include the use of buildings, fences, berms, or large landscape
buffers to shield noise-sensitive receivers from onsite traffic noise.
14. Automobile fuel stations shall be located as faz as possible &om residential uses. If
located within 100 feet of residential uses, the City of Auburn may require additional
desig►measures to limit noise,odor, and glare impacu.
15. Outdoor activity azeas such as eating and drinking establishments shall be located away
from residential areas. If located closer than 300 feet to a residential area the City of
Aubum may require desi� measures oi operational restrictions to limit noise iinpacts
from late evening use.
E.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 atong vacated roadway), 49th
Street NE, or near Aubum Way North, provide landscape screening on-site to limit the
visual impacts due to potentially more intensive uses in the adjacent C3, Heavy
Commercial zone.
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 Desi� Standards", BCRA Inc., October 2011. through -
project-level desi� review. For residenfial development, this should include •
clrildren's play equipment; tennis courts, a fenced off-leash area for pets, and/or
and open,level-lawn areas for free play oi sport activities.
3. Pay City pazk impact fee in proportion to the level of residential development in the
Aubum Gateway Project Area prior to issuance of any building.permit for residential
uses, unless deferred pursuant to city regulations.
Eachibit 1, page 16
F. Prior to any Issuance of Occupancy Permits within Either the
North or South Phase of the Project:
Storm Drainage, Water,aad Sanitary Sewer
1. Prior to issuance of occupancy permits witlun either phase, the Applicant shall
complete all public atility constraction in conformance with the approved civil
utilities conshuction plan and the City's Engineering Construction Standards.
2. Prior to issuance of occupancy permit within either phase, the Ciry shall accept as
complete all pubtic utilities faciliries indicated on the apprbved civil utiliries
� 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 oonformance with the approved civil transportation
construMion plans and the City's Engineering Construction Standards.
4. Prior to issuance of occupancy permits within either phase, the City shall accept all
pnblic transportation facilities indicated on tke approved civil �ansportation
consuucdon plans for operation and ownerslrip by the"City.
5. Prior w issuance of occupancy pemuts within either phase, the Applicant shall provide
a conceptual design and associated engineer's estimate for construction of southbound
right turn lane or eastbound right tum lane at the inters�rion of Auburn Way North
� and 37th St NE to the City for review and approval. The applicant shall pay the
applicanYs estimated proportionsl share of the estimated construcrion costs to the
City based on the approved conceptual design and associated'engiaeers estimate.
6. Prior to issuance of occupancy permits within either phase,the Applicant shall provide
a conceptual design and assogiated engineer's estimate for oonstcuction of secoad
southbound through lane at the intersection of Hsrvey Road NFJM St NE snd 8`� St
NE to the Ciry for review and approval. The applicant shall pay the applicant's
estimated proportional share ofithe estimated construcrion costs to the City based on
the approved conceptual design and associated engineers estimate.
7. Prior to issuance of occupancy pertnits within either phase,the Applicant shall provide
a conceptual design and associated engineer's estimate for construction of new traffic
signal at the intersection of SE 304th St and 112�" Ave SE including widening to
accommodate left t�nn pockets to the City for review and approval. The applicant shall
pay the applicanYs estimated proportional share of the estimated construction costs to
the City based on the approved cbnceptual design and associated engineers estimate.
8. Prior to issuance of occupancy permits within either phase, the Applicant shall
demonsuate to the satisfaction of the Gity Engineer that the Applicant has made a good
faith effort to enter into a mitigation agreement with the appropriate jurisdiction (City
of Kent and/or King Coanty} to participate in the iaiprovement of the following
location in a manner that is suitable to the jurisdiction and consistent with the impacts
identified in the Final Environmental Impact Statement or subsequent environmental
Exhibit 1,page 17
documents. If an agreement is required, it shall be executed between the Applicanf and
appropriate jurisdiction prior to issuaace of occupancy permits.
■ Intersection of Central Ave and S 259�' St: Construction of additional
north6ound right-turn lane.
■ Intersection of S 277�' St and 55�' St NE: Reconfiguring of lanes on westbound
S 277`� ST to provide dual left turn lanes and a single through lane and
widening of 55�' St NE to accommodate the dual left turm lanes.
• Intersection of S 272"d.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 trat�ic si�al warrant anal�yses at the
intersections of Aubarn Way NortL and 45'" St NE and I St NE and 45 St NE, in
conformance with the Model Uniform Traffic Control Devices (MLTTCD). The
analysis shall be conducted every two years starting two years from the issuance of the
first occupancy pernut for the Auburn Gateway Project development and shall continue
until any wazrant is met at the intersectioas (see conditions for si�al intersections
improvements herein) or until two years after issuance of final occupancy pernut at fiill
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 Transportation Demand
Management (TDM) pmgram that includes a good faith effort to incorporate the
following strategies:
• Provisions for a transportation coordinator, employee shower facilities,
lockable bike racks, flexible work schedules, telecommunication opportiu►ities;
on site transit/carpooUvanpool information, preferred carpool and vanpool
parking, on site uaffic reports, guaranteed ride programs, and other incentives
to encourage alternative travel modes to Single Occupancy Velricles{SOV).
Signage
11. Prior to issuance of occupancy permiu within either phase, the interpretive signage
materials identified in the master sign plan shall be installed by the applicant and
inspected by the city, including information on wildlife neaz wetlands or historical
information about the azea
G. For the Life of the Project.
wetlands
1. If adverse effects on wedand hydrology are observed before the end of the wetland
monitoring period, modifications to stormwater and/orgroundwater management shall
be developed, submitted for City of Auburn approval, and implemented in order to
restore wedand hydrology.
Exhibit l, page 18
Noise
2. Truck deliveries and waste hauling activities sliall be.restticted to daytime hours in
azeas where noise &om these activities woald adversely affect residential uses as
identified within the city approved noise controT plan referenced in the preceding
condition.
Signage
3. All si�s within the Au6urn Gateway project area shall be consistent with the master
" signage plan as approved by the City.
Gerieral
4. For the purpose of the mitigation measutes, the term "applicanY' shall refer to the
cutrent owners together with their heirs, assigns, and.successors, of the property as
legally described.
5. Any plan,study or analysis iequired to be submitted�by the applicant may include an
incorporate by reference any existing document prepared as part of the environmentsl
review of tlris project. Any plan study or analysis may also be submitted separately or
as part of the permit application.
6. The Planning Director.may interpret the words and meaning of the mitigation measures
in order to resolve conflicts in implementation. All words shall carry ther customary
and ordinary meanit►g nnless the context cleazly conveys a different meaning.
Exhibit l,page 19
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 5. Effective date. This Ordinance shall take effect and be in force
frve days from and after its passage; approval arid publication as provided by law.
INTRODUCED: NOV 21 2011
PASSED: NOV 21 2011
APPROVED: NOV $ 1 2011
U
ER B. LEWIS
MAYOR
ATTEST:
�.� ��
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM: .
�'� Daniel B. Heid, Ciry Attorney
Published:�ol/.zS�il.s..�%t`�"��`�`J
Ordinance No 6382
Novemberl6,2011
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