HomeMy WebLinkAbout10-15-2012 Council packet
City Council Meeting
October 15, 2012 - 7:30 PM
Auburn City Hall
AGENDA
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I.CALL TO ORDER
A.Flag Salute
B.Roll Call
C.Announcements, Appointments, and Presentations
1. Hometown Hero Award
Mayor Lewis to present Auburn Recreation Coordinator Jamie Werner with
Auburn's Hometown Hero Award.
2. Anti-Bullying Proclamation
Mayor Peter B. Lewis to proclaim the month of October 2012 as Anti-bullying
Month in the City of Auburn.
D.Agenda Modifications
II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A.Public Hearings
1. 2013 Action Plan of the Consolidated Plan* (Backus/Hursh)
City Council to conduct a public hearing to receive public comments and
suggestions with regards to the 2013 Annual Action Plan as required by the
U.S. Department of Housing and Urban Development.
B.Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C.Correspondence
There is no correspondence for Council review.
III.COUNCIL COMMITTEE REPORTS
A.Municipal Services
1. October 8, 2012 Meeting Minutes* (Peloza)
B.Planning & Community Development
1. October 8, 2012 Meeting Minutes* (Backus)
C.Public Works
Page 1 of 907
1. October 1, 2012 Meeting Minutes* (Wagner)
D.Finance
1. October 1 , 2012 Meeting Minutes* (Partridge)
E.Les Gove Community Campus
F.Council Operations Committee
1. October 1, 2012 Meeting Minutes* (Backus)
IV.CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. Minutes of the September 26, 2012 Special Meeting*
B. Minutes of the October 1, 2012 Regular Meeting*
C. Claims Vouchers
Claims check numbers 417415 through 417777 in the amount $5,830,106.01 and
dated October 15, 2012.
D. Payroll Vouchers
Payroll check numbers 533270 through 533310 in the amount of $822,254.64 and
electronic deposit transmissions in the amount of $1,216,582.30 for a grand total of
$2,038,836.94 for the period 09/13/12 to 09/26/2012.
E. Call for Public Hearing 2013-2014 Preliminary Biennial Budget
(Partridge/Coleman)
City Council to conduct a public hearing on November 19, 2012 to receive public
comments, proposals and suggestions on the 2013-2014 Preliminary Biennial
Budget.
F. Public Works Project No. CP0817* (Wagner/Dowdy)
City Council approve final pay estimate No. 14 to Contract No. 10-15 in the amount
of $18,752.58 and accept construction of Project No. CP0817, 2009 Sewer and
Storm Station Replacement - Phase B - Ellingson Sewer Station
G. Public Works Project No. CP0909* (Wagner/Dowdy)
City Council award Contract No. 12-02, to Rodarte Construction, Inc. on their low
bid of $2,030,593.50 plus Washington State sales tax of $192,906.38 for a total
contract price of $2,223,499.88 for project No. CP0909 Academy Booster Pump
Station
H. Public Works Project No. CP0916* (Wagner/Dowdy)
City Council approve final pay estimate No. 10 to Contract No. 11-11 in the amount
of $6,792.50 and accept construction of project No. CP0916, West Valley Highway
Improvements
I. Public Works Project No. CP1005* (Wagner/Dowdy)
City Council approve final pay estimate No. 14 to Contract No. 11-08 in the amount
of $6,910.30 and accept construction of Project No. CP1005, South Division Street
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Promenade
(ACTION REQUESTED: City Council approve the Consent Agenda.)
V.UNFINISHED BUSINESS
There is no unfinished business.
VI.NEW BUSINESS
There is no new business.
VII.ORDINANCES
A. Ordinance No. 6426* (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, approving the
request of RPG Auburn Properties, LLC for rezoning of four parcels totaling
approximately 11 acres from C3, Heavy Commercial to C4, Mixed-use Commercial
to implement the Comprehensive Plan and amending the City's zoning maps
(ACTION REQUESTED: City Council adopt Ordinance No. 6426.)
VIII.RESOLUTIONS
A. Resolution No. 4865* (Peloza/Lee)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to enter into Interlocal Agreements with Government
Agencies for the Valley Special Weapons and Tactics (VSWAT) Team to provide
VSWAT services on an "as needed" basis
(ACTION REQUESTED: City Council adopt Resolution No. 4865.)
B. Resolution No. 4866* (Peloza/Faber )
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to enter into a contract with Brad Rude to fabricate and install
a public art piece for the replacement of a stolen artwork
(ACTION REQUESTED: City Council adopt Resolution No. 4866.)
C. Resolution No.4867* (Partridge/Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute an agreement between the City Of Auburn and
Petdata, Inc. for animal licensing services
(ACTION REQUESTED: City Council adopt Resolution No. 4867.)
D. Resolution No. 4869* (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute an agreement between the City of Auburn and
Brandon P. and Trena L. Wrubleski for purchase of property from Mr. and Mrs.
Wrubleski in Lieu of Condemnation
(ACTION REQUESTED: City Council adopt Resolution No. 4869.)
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IX. REPORTS
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A. From the Council
B. From the Mayor
X.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 available for review
at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
2013 Action Plan of the Consolidated Plan
Date:
October 9, 2012
Department:
Administration
Attachments:
2013 Action Plan
Budget Impact:
$0
Administrative Recommendation:
City Council to conduct a public hearing to receive public comments and suggestions
with regards to the 2013 Annual Action Plan as required by HUD. (No action is required
at the October 15, 2012 City Council meeting. Final action is scheduled for the City
Councils November 5, 2012 regular meeting.)
Background Summary:
The preparation of an annual action plan is required by the U.S. Department of Housing and Urban
Development (HUD) in order for the City to receive federal funds under the Community Development Block
Grant (CDBG) program. The public hearing on October 15, 2012, is required by HUD to gather public input
about the proposed "2013 Action Plan" section of the City of Auburn's Consolidated Housing and
Community Development Plan.
The 2013 Action Plan outlines proposed expenditures to implement the City's Consolidated Plan. It
identifies federal and local funds expected to be available, indicates the activities on which they will be
spent, and sets goals for the number and type of services expected to be provided.
The City of Auburn anticipates that in 2013 approximately $450,000 of CDBG funds will be available for
projects that are consistent with federal regulations and the objectives and policies of Auburn's
Consolidated Housing and Community Development Plan. In 2013 the CDBG funds will be combined with
approximately $550,000 of General Funds to create a total human services budget of approximately
$1,000,000.
No action is required by the City Council at the October 15, 2012, public hearing. Staff will take into
consideration the oral and written comments offered by the public when it prepares its recommendations
for final revisions to the 2013 Action Plan. The Planning and Community Development Committee is
scheduled to consider final revisions to the Plan on October 22, 2012. A resolution to adopt the Plan is
scheduled to go before the City Council at their regular meeting on November 5, 2012. The deadline to
submit the Plan to H.U.D. is November 15, 2012.
A public notice announcing the October 15, 2012 public hearing and a brief description about the 2013
Action Plan was published in The Seattle Times. The deadline to submit written comments is October 30,
2012.
Reviewed by Council Committees:
AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 5 of 907
Councilmember:Backus Staff:Hursh
Meeting Date:October 15, 2012 Item Number:PH.1
AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 6 of 907
Department of Administration & Community Services
25 West Main Street
Auburn, Washington 98001
(253) 931-3041
2013 Annual Action Plan
Update to the City of Auburn's Consolidated Plan for
Housing and Community Development
Fiscal Years 2011 – 2014
October 15, 2012
(IMPORTANT NOTE: Program description and dollar amounts represented in
this plan may change subject to the availability of funds and final approval by
the Department of Housing and Urban Development.)
PH.1 Page 7 of 907
October 10, 2012
2
2013 Annual Action Plan
EXECUTIVE SUMMARY
Each year the City of Auburn executes specific actions to implement the goals and strategies of
the Consolidated Plan for Years 2011 to 2014. Actions that will be undertaken in 2013 are
outlined in this “Annual Action Plan”.
The City of Auburn anticipates the receipt of approximately $455,000 in Community
Development Block Grant (CDBG) funds in 2013. Auburn's CDBG funds will be combined with
approximately $550,000 of General Funds to create a total Human Services budget of
approximately $1,000,000 in 2013. Human Services is responsible for providing and managing
financial resources to more than 30 non-profit agencies that serve the Auburn community,
administering the local housing repair program, and developing collaborations among community
partners to strengthen the response to residents in need.
The 2013 Action Plan proposes to allocate approximately $70,000 of CDBG funds to public
services. Most of those funds ($57,500) will be used to provide dental and medical care to
uninsured, low income Auburn residents and $10,000 for employment training.
Approximately $90,000 of the CDBG funds will be allocated to program administration, which
includes planning. The remaining $290,000 will be allocated to housing repair ($100,000),
economic development ($37,500), and support of enhancing youth outreach and gang prevention.
The City of Auburn is committed to focusing more on achieving solutions to recurring social
problems and achieve a greater collaboration among service providers. The Department of
Housing and Urban Development has worked to standardize the performance measurements
listed in the Consolidated Plan. The 2013 Action Plan combines the changes that both the City of
Auburn and HUD have implemented.
Overall the implementation of the 2012 Action Plan is progressing as planned and most of the
activities listed are underway. A more detailed report of 2012 activities will be summarized in
the Consolidated Annual Performance and Evaluation Report (CAPER) that will be drafted and
released for public review before the end of the first quarter of 2013.
CITIZEN PARTICIPATION AND CONSULTATION
The development of the Annual Action Plan involves both citizen participation and consultation
with local service providers. Citizen participation in the planning process began at a joint
meeting between the Auburn City Council and Human Services Committee. At this meeting,
Council and Committee members identified a series of community results that they would like to
achieve through the appropriation of City funds.
The City consults with local service providers primarily through the solicitation of applications
for Human Services grants. Grant applications prepared by service providers furnishes the City
information regarding the goals of the agency, target populations, proposed services, gaps in the
delivery of services, linkages to poverty reduction strategies and collaboration with other service
providers. This information is reviewed by City staff and the Human Services Committee.
The Human Services Committee's recommendations were incorporated into the 2013 Action Plan
and presented to the City Council's Planning and Community Development (PCD) Committee in
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October 10, 2012
3
September 2012. A preliminary draft of the 2013 Action Plan was distributed to all the grant
applicants and local service providers. A public notice was issued and posted at City Hall, the
Auburn Senior Center, and on the City of Auburn’s website on October 1, 2012; this information
was also published in The Seattle Times announcing that copies of the proposed 2013 Action
Plan were available for public review. The City Council will schedule a public hearing to gather
testimony about the plan before it takes action to review and adopt it. The following outlines the
remaining steps regarding citizen participation and consultation for the 2013 Action Plan:
October 1, 2012: Start of Public Review Process
October 15, 2012: Public Hearing
End of Public Review Process
November 5, 2012: Council takes action to adopt the
2012 Annual Action Plan
November 15, 2012: Deadline to submit the plan to HUD
HOUSING AND COMMUNITY DEVELOPMENT RESOURCES
2013 CDBG ESTIMATED RESOURCES
In 2012 the City of Auburn received $400,000 of CDBG funds. In 2013 the City estimates that
its CDBG funds will increase slightly from last year’s CDBG entitlement. The 2013 Action Plan
includes a contingency plan in the event that CDBG funds increase or decrease.
CDBG ESTIMATED RESOURCES
$450,000 CDBG 2013 Entitlement (estimated)
$450,000 Total Estimated CDBG Funds Available in 2013
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October 10, 2012
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OTHER RESOURCES
General Funds
The City of Auburn allocates up to one percent (1%) of its general fund expenditures to provide
human services for Auburn residents through contracts with non-profit agencies. Assuming the
City will continue to receive the same amount of general fund revenues, the estimated allocation
from General Fund budget for human service grants is $550,000 in 2013.
TOTAL RESOURCES
Funding Source 2013
-- CDBG Funds $ 450,000
-- General Funds $ 550,000
Total Estimated Funds Available $ 1,000,000
CITY OF AUBURN FUNDING PRIORITIES
The expressed goal of the City's Consolidated Plan is to reduce the number of people living in
poverty with the City of Auburn. Toward this end, the City will give funding priority to
programs that - in addition to complying with federal regulations and addressing a priority
outlined in the Consolidated Plan - are consistent with the following anti-poverty strategy for
resource allocation.
1. Each project must satisfy one of the three following overriding goals:
Help people move out of poverty;
Prevent people from entering poverty;
Address the basic needs of people living in poverty.
2. In making funding decisions, the City will give priority to programs that:
Support, complement or are consistent with other current City plans;
Are sustainable over time;
Have demonstrated cooperation and collaboration among government, private
nonprofit agencies and the private sector to maximize impacts and reduce
administrative costs;
Do not have a more appropriate source of funds.
3. The City will give priority to programs that provide services addressing the basic needs
of Auburn's most at-risk populations. A priority population for CDBG-funded services is
individuals who are denied, by poverty and historical institutional practices, the
opportunity to develop their full potential and to enjoy the benefits of community
participation.
4. CDBG funded services must be, to the fullest extent possible, appropriate and accessible
to people who may face special barriers in accessing services.
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October 10, 2012
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5. The CDBG program was built on a premise of citizen participation in the formation of
policies, including funding decisions, which address neighborhood and community needs.
The City will give priority to programs that promote community initiatives to identify
priority needs and to address those needs.
6. The City will give priority to programs that build and support the capacity of local
organizations to address the needs of Auburn residents.
7. The City will give priority to programs that support economic development and promote
access to quality jobs - positions that pay well enough to support an adequate standard of
living, allow the purchase of housing and other basic necessities, offer stability and
decent working conditions, and provide opportunities for advancement.
8. Funding priority will be given to agencies that provide direct services to Auburn residents
at locations within the city limits of Auburn.
COMMUNITY RESULTS DESIRED BY THE CITY OF AUBURN
The City of Auburn solicited proposals from local service providers to achieve the following
community results within the areas listed below. Population performance indicators will be
applied to assess the overall success of the effort and the value of ongoing support; these
indicators will be utilized to determine the effectiveness of individual programs.
Overall Result: One-Stop Center
The City of Auburn will fund human service providers who participate in the design,
development and operation of a One-Stop Center in Auburn and the efficient, collaborative and
integrated delivery of services it offers. Agencies who agree to participate in the design and
development of a One-Stop Center in Auburn may apply for funding to accomplish one or more
of the following community results:
Abused and Neglected Children: The City of Auburn will fund human service providers
that increase supportive services to children who are neglected and abused, specifically the
number of children who are victims of on-going and repeated neglect and abuse, within the
city of Auburn by 15% over the next three (3) years.
Victims of Domestic and Sexual Assault: The City of Auburn will fund human service
providers that increase the number of Auburn residents, who are victims of domestic
violence, that make the transition to a safe environment and self-determining lifestyle by 15%
within the next three (3) years.
Poverty Reduction: The City of Auburn will fund human service providers who increase
the number of Auburn residents no longer living in poverty by 15% within the next three (3)
years.
Substance Abuse: The City of Auburn will fund human service providers to develop
strategies that increase the successful completion of treatment programs by Auburn residents
who have serious behavioral and health problems due to substance abuse and chemical
dependency by 15% within a three (3) year period.
Physically and Mentally Fit: The City of Auburn will fund human service providers that
increase the availability, accessibility and use of health care to its low income residents by
15% within a three (3) year period.
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2013 PROPOSED ACTIVITIES TO ACHIEVE RESULTS
The City of Auburn requested proposals to achieve the following national objectives and
community results.
Create a Suitable Living Environment:
One-Stop Center:
-- Create a suitable living environment for Auburn's low income residents and people with
special needs by using its CDBG funds to make available float loans and Section 108
Loan Guarantees to leverage the funds necessary to develop a Community Center and
future campus for the One-Stop Center which will provide for the collocation and
integrated delivery of human services.
Abused and Neglected Children:
-- The City of Auburn proposes to allocate approximately $180,000 of its General Funds, to
generate approximately 7,700 hours of services and 160 home visits that will benefit
1,657 Auburn adults and children, for the purpose of reducing chronic abuse and neglect
of children.
Victims of Domestic and Sexual Assault:
-- The City of Auburn proposes to allocate $89,000 of its General Funds to provide 1,500
referrals for assistance, 160 shelter bednights, 700 hours of case management and 550
hours of therapy to approximately 600 victims of domestic violence and sexual assault.
Physically and Mentally Fit:
-- Create a suitable living environment by making health care available to 78 or more low-
income, uninsured Auburn residents by allocating $40,000 of CDBG funds to
HealthPoint of King County for the operation of its clinic in Auburn.
-- Create a suitable living environment by making dental care available to 70 or more low-
income, uninsured Auburn residents by allocating $17,500 of CDBG funds to
HealthPoint of King County for the operation of its clinic in Auburn.
-- The City proposes to allocate an additional $45,000 of its General Funds for the purpose
of creating access to health care to over 1,000 low-income Auburn residents and enabling
over 3,200 visits to qualified health care providers.
Poverty Reduction:
-- The City of Auburn proposes to allocate $80,500 of its General Funds to provide nearly
12,000 Auburn residents emergency assistance such as food, financial assistance, and
clothing.
-- The City of Auburn proposes to allocate $14,500 of its General Funds to provide over 60
Auburn senior citizens congregate meals and home-delivered meals and over 1,200
Auburn residents a weekly meal.
-- The City of Auburn proposes to allocate $51,000 of its General Funds to provide over
100 Auburn residents more than 3,900 bednights of emergency shelter and/or transitional
housing.
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October 10, 2012
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Substance Abuse:
-- The City of Auburn proposes to allocate $10,000 of its General Funds to support a
program that provides integrated care to non-Medicaid clients who require both substance
abuse treatment and mental health counseling.
Provide Decent Housing:
Maintain the affordability of decent housing for very low-income Auburn residents by
allocating $150,000 of CDBG funds to the City of Auburn's Housing Repair Program for the
purpose of providing repairs necessary to maintain suitable housing for 50 Auburn
homeowners, including 25 homeowners who are senior citizens and 5 homeowners who lack
safe access in or out of their homes due to physical disabilities or impairment.
Expand Economic Opportunities:
Create economic opportunities by providing the availability and access to counseling and
training for approximately 25 Auburn residents who are either trying to sustain or create a
small business and, collectively generate 25 or more jobs by allocating $37,500 of CDBG
funds to the Green River Community College's Small Business Assistance Center.
Create economic opportunities by providing the availability and access to train approximately
15 very-low income Auburn residents so that at least half of them can find and sustain a job
by allocating $10,000 of CDBG funds to the Multi-Service Center Employment Program.
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October 10, 2012
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DISTRIBUTION OF FUNDS
CDBG Funds
Proposed CDBG Disbursements 2013
Public Services
-- HealthPoint: Dental & Medical Care $57,500
-- Multi-Service Center Employment Program $10,000
subtotal: Public Services $67,500
Capital Funds
-- Affordable Housing
….. City of Auburn Housing Repair Program $100,000
….. SEARCH $50,000
….. Valley Cities Phoenix Project $50,000
-- Suitable Living Environment
….. Wesley Homes Skilled Nursing Facility $50,000
-- Economic Development
….. GRCC Small Business Assistance Center $37,500
….. Downtown Business Façade Program $10,000
subtotal: Capital Funds $297,500
Administration
-- Program Management
…. City of Auburn Community Services $90,000
Subtotal: Administration $90,000
Total CDBG Funds: $455,000
Source of CDBG Funds: 2013
-- 2013 Estimated Entitlement: $450,000
Total Estimated CDBG Funds $450,000
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October 10, 2012
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Human Services (General Fund) 2013
Auburn Human Service Agencies: 2013
… ACAP: Childcare Subsidies 20,000
… Auburn Youth Resources 85,000
… Birth to Three Development Center 10,000
… CHS: Family Resource Center 20,000
… CHS: Strengthening Families Program 10,000
… Dynamic Partners: Children's Therapy
Center 10,000
… Communities In Schools 5,000
… Neighborhood House: Employment &
Family Self Sufficiency 5,000
… Pediatric Interim Care Center 10,000
… Safe Havens Visitation Center 5,000
subtotal: 180,000
… Consejo 10,000
... Crisis Clinic: 2-1-1 Line, 24 Hr., Teen Link 3,000
… DAWN 9,000
… KCSARC 22,500
… Jubilee Center: Latino Program 7,500
… VCCC: DV Survivor Support/Therapy 12,000
… YWCA: Children DV Services 5,000
… YWCA: DV Services 20,000
subtotal: 89,000
… Auburn Respite 10,000
… Christ Community Free Clinic 20,000
… Senior Services Vol. Transportation 5,000
… SKC: Mobile Medical Program 10,000
… VCCC: COD Treatment 10,000
subtotal: 55,000
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Human Services (General Fund) 2013
(Continued)
Auburn Human Service Agencies: 2013
… AFB: Emergency Food 35,000
… AFB: Community Suppers 5,000
… Auburn Senior Center: Meals Program 4,500
… CCS: CHORE Program 3,000
… CCS: HOME/ARISE 15,000
… CCS: Katherine’s House & Rita’s House 5,000
… Senior Services: Meals on Wheels 7,000
… Multi-Service Ctr.: Emergency &
Transitional Housing 8,000
… Pregnancy Aid 5,000
… Sound Mental Health: PATH 5,000
… St. Vincent de Paul: Emergency Assist. 10,000
… South King Council of Human Services 5,000
… Ukrainian Community Center: Crisis
Intervention 5,000
… Ukrainian Community Center: Refugee
Assistance 7,500
… WWEE: REACH 8,000
… YWCA: Emergency Housing 4,000
… YWCA: Transitional Housing 14,000
subtotal: 146,000
Total General Fund Human Services $470,000
Contingency Plans for Changes in Funding
Total appropriations may not exceed actual revenues and no liability is to be incurred in excess of
appropriations. In the event that actual revenues are different than the revenues estimated by the
CDBG budget, the following actions shall be taken:
(a) CDBG Public Service Programs: In the event the City receives a lesser amount of CDBG
funding than budgeted for public services, then the reduction will be made as follows:
1. Reduce or eliminate the appropriation to the Multi-Service Center's Employment
Program by $7,500 or the amount of the funding reduction, which ever amount is
less.
2. Reduce the appropriation to HealthPoint by $52,500 or the remaining balance of
the reduction, which ever amount is less.
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(b) CDBG Capital-Funds Programs: In the event of a reduction in CDBG capital funds, the
amount of reduction will be prorated evenly among the funded project.
(c) Unspent CDBG Capital Grants: The funds appropriated to subrecipients for capital
improvements must be expended within the term of the subrecipient’s CDBG grant
agreement. CDBG funds appropriated for capital improvements will be considered
abandoned, and the funds will be re-appropriated, if any of the following conditions exist:
(a) The term of the grant agreement expires and the subrecipient fails to request an
extension in accordance with the terms of the agreement.
(b) The subrecipient fails to submit a request for reimbursement or fails to submit an
activity report during the program year.
(c) The subrecipient fails to make the project “bid ready” within the first year after
the appropriation. “Bid ready” means that, at a minimum, the bid specifications
are drafted and the subrecipient is ready to solicit bids.
(d) General Fund Public Services:
1. Reduction of General Fund Revenues: In the event of a reduction in the general
fund appropriation for human services, the reductions will be applied in the
following order:
(a) Communities In Schools: the lesser of $5,000 or the amount of
the reduction.
(b) St. Matthew's Jubilee Center's Latino Program: the lesser of
$7,500 or the remaining amount of the reduction.
(c) CHORE Program: the lesser of $3,000 or the remaining amount
of the reduction.
(d) If the above reductions remain less than the total amount of the
general fund reduction, then the remaining amount of the
reduction will be applied evenly by a prorated amount among the
remaining appropriations.
2. Increase in Funding: In the event of an increase in funding, then previous reductions
in appropriated amounts, if any, will be restored to the amounts recommended for
2013 in the reverse order in which the above reductions were made. If funds remain
after all reductions have been restored, then the remaining funds will be distributed
according to the allocation recommended by the Planning and Community
Development Committee and approved by the City Council.
FAIR HOUSING
The City of Auburn continues to monitor compliance with the Fair Housing Act. Complaints are
referred to the Washington State Human Rights Commission for resolution. In 2006, the City
completed an Analysis of Impediments to Fair Housing Choice (AI) as required for CDBG
entitlement communities. The Fair Housing Consultant identified three impediments and made
three recommendations. The recommendations were:
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• Expand current education and outreach efforts;
• Continue ongoing enforcement activities; and
• Target homeownership and lending marketing to minority households.
The City has implemented and continues to expand these recommendations. Information about
Fair Housing will be put on the City of Auburn's website and made available at City Hall. The
information will include links pertaining to where residents can file a complaint in the event of
alleged discrimination. Information will be available in English and Spanish. Summary data
regarding the number of fair housing complaints filed against landlords and realtors in Auburn
will be reported in the CAPER.
PUBLIC HOUSING
The City of Auburn continues to support public housing communities located within its city
limits. Many of the residents who receive the services provided by the City's human service
grants live in public housing communities. Two grant recipients are located within public
housing communities. In addition, the City of Auburn's Housing Repair program serves
approximately 10 – 12 residents per year who live at Tall Cedars Mobile Home Park, which is
owned by the King County Housing Authority. Home repairs include furnaces, hot water tanks,
wheelchair ramps and other repairs necessary to keep the home habitable. The following
summarizes the grants provided to specific public housing communities:
Agency/Program Public Housing Community Amount
Auburn Food Bank Burndale $40,000
Housing Repairs Tall Cedars Mobile Home Park $50,000
Total: Public Housing Community Programs $90,000
CHRONIC HOMELESSNESS
The City of Auburn will continue to provide funding to regional and local agencies that provide
assistance to homeless families. In 2013 the City will strive to maintain a continuum of care for
homeless families that includes emergency assistance, emergency shelters, severe weather shelter
and transitional housing. In addition, the City provides funds for the provision of medical care,
childcare and employment training to help prevent people from becoming homeless. The City of
Auburn plans to allocate $55,000 of its General Funds to provide more than 4,000 bednights of
emergency shelter and/or transitional housing to approximately 120 Auburn residents. The
following summarizes the grants awarded with the intent to reduce chronic homelessness:
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October 10, 2012
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Agency / Program Award Residents Services
Provided
Catholic Community Services Katherine’s
House & Rita’s House
$5,000 3 transitional housing
DAWN Confidential Shelter $9,000 15 160 bednights
Multi-Service Center $8,000 29 870 bednights
HOME/ARISE Emergency Shelter $15,000 30 1,650 bednights
YWCA Emergency & Transitional Housing $18,000 46 1,400 bednights
Total: $55,000 123 4,080 bednights
GEOGRAPHIC DISTRIBUTION
CDBG funds spent on neighborhood revitalization and housing repairs for targeted
neighborhoods will occur primarily within the Census Tract 306 and Census Tract 307.
According to the Census Bureau, these two census tracts are predominantly low income with
median household incomes less than 80% of the King County median household income. Public
services funded with CDBG funds and housing repairs in non-targeted neighborhoods will be
offered to low income or limited clientele residents citywide.
LEAD-BASED PAINT HAZARDS
The City of Auburn will continue to implement U.S. Department of Housing and Urban
Development (HUD) regulations to protect young children from lead-based paint hazards in
housing that is financially assisted by the federal government. The requirements apply only to
housing built before 1978; the year lead-based paint was banned nationwide for consumer use.
The following table summarizes actions required by these regulations.
Amount of Grant <$5,000 $5,000-$25,000 > $25,000
General Approach Do No Harm Identify and control
lead hazards
Identify and abate
lead hazards
Notification Pamphlet Pamphlet & Notice of
Assessment
Pamphlet & Notice of
Hazard Reduction
Evaluation Visual Paint Testing Risk Assessment
Reduction Strategy
Repair surfaces
disturbed during
rehab work
Interim Controls Abatement and
Interim Controls
BARRIERS TO AFFORDABLE HOUSING
The City of Auburn will continue to look at policies that remove barriers to affordable housing.
The City of Auburn's Comprehensive Land Use includes several policies and objectives that will
guide the City toward achieving its affordable and fair housing goals. These policies include
maintaining flexibility in land use to achieve a balanced mix of affordable housing opportunities.
The City will continue to pursue mixed use developments that are consistent with the
PH.1 Page 19 of 907
October 10, 2012
14
transportation oriented developments located in Auburn's downtown. The City will look for
opportunities with public and private agencies to implement policies and offer programs that help
alleviate physical and economic distress, conserve energy resources, improve the quality and
quantity of community services, and eliminate conditions that are detrimental to health, safety
and public welfare.
LOW-MODERATE INCOME BENEFITS
Over the past three years approximately 90% of the clients served by programs funded with
CDBG funds earned low to moderate incomes. The beneficiaries of programs funded in 2013
with CDBG funds are not expected to deviate from these past trends. The City of Auburn will
continue to distribute its funds for human services based on priority needs identified for people
with low-to-moderate incomes with a particular emphasis on people who live in poverty.
POLICIES AND CERTIFICATIONS
Agencies applying for CDBG funds are required to respond to general and program specific
polices in their applications. All projects are evaluated to determine if they are:
1. Eligible relative to federal guidelines;
2. Consistent with the program objectives and strategies;
3. Consistent with local, state and federal regulations;
4. Feasible within contract and timeline guidelines; and
5. Capable of developing and measuring outcomes.
These policies include, among others:
• Consistency with local codes and policies;
• Restrictions on the change of use of property and buildings which were acquired or
improved with CDBG funds;
• Minimization of displacement and the provision of relocation assistance;
• Adherence to federal wage rates;
• Compliance with federal audit requirements; and
• Adherence to and enforcement of lead-based paint abatement regulations, fair
housing laws and affirmative action.
DOCUMENTATION AND ON-SITE MONITORING
Detailed records are maintained and reviewed to determine and assure agency compliance with its
contract and other applicable regulations. Deficiencies in record keeping are documented and
technical assistance to correct noted deficiencies is provided. The failure to comply with
contractual requirements and regulations could result in remedial actions and/or the termination
of funding.
PH.1 Page 20 of 907
October 10, 2012
15
FISCAL AUDITS
The City conducts an internal audit to ensure that its records are complete and agencies are
complying with applicable rules and regulations. In addition, the City’s records are subject to an
independent annual audit by the State Auditor. Both the City's internal audit and the State
Auditor test to determine the City’s compliance with the following CDBG requirements:
Political Activity;
Davis-Bacon and Related Acts;
Civil rights;
Cash Management;
Federal Financial Reports;
Allowable Costs & Cost Principles;
Drug-Free Workplace Act; and
Various administrative
requirements.
MORE INFORMATION
For more information and/or to get on the City's mailing list for Consolidated Plan
updates and grant applications, please contact:
Michael Hursh, Advisor to the Mayor
Department of Administration
25 West Main Street, Auburn, WA 98001
Phone: (253) 804-5029
Email: mhursh@auburnwa.gov
PH.1 Page 21 of 907
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 8, 2012 Meeting Minutes
Date:
October 10, 2012
Department:
Police
Attachments:
October 8, 2012 Meeting Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Peloza Staff:
Meeting Date:October 15, 2012 Item Number:MS.1
AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 22 of 907
Municipal Services Committee
October 8, 2012 - 3:30 PM
Council Conference Room
MINUTES
I. CALL TO ORDER
Vice Chair Osborne called the meeting to order at 3:30 p.m. in the Council
Conference Room of City Hall, 25 W. Main Street, Auburn, WA.
A. Roll Call
Members present: Vice Chair Osborne, Member Wales. Chair
Peloza was excused.
Staff present: Mayor Pete Lewis, Councilmember John Partridge,
Chief of Police Bob Lee, Planning and Development Director Kevin
Snyder, Assistant City Attorney Steven Gross, Police Commander
Mike Hirman, Project/Construction Manager Steve Burke,
Administrative and Business Services Manager Darcie Hanson, Arts
Coordinator Maya McKnight and Police Secretary/Scribe Terry
Mendoza. Others present: Auburn Valley Humane Society President
Don Edwards, citizen Scot Pondelick and Auburn Reporter
representative Robert Whale.
B. Announcements
C. Agenda Modifications
II. CONSENT AGENDA
A. September 24, 2012 Minutes
Member Wales moved to accept the Minutes as presented. Vice Chair
Osborne concurred.
MOTION PASSED: 2-0
III. ACTION
A. Resolution No. 4865 (Lee)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to enter into Interlocal
Agreements with Government Agencies for the Valley Special
Weapons and Tactics (VSWAT) Team to provide VSWAT services on
an "as needed" basis. Vice Chair Osborne requested that a portion of
Page 1 of 4
MS.1 Page 23 of 907
the fourth "WHEREAS" be struck from the Resolution so as to include
other agencies that are not participants in the VSWAT. Committee
discussion followed.
Member Wales moved to forward as amended to full Council for
consideration. Vice Chair Osborne concurred.
MOTION PASSED: 2-0
B. Resolution No. 4866 (Faber )
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to enter into a contract with Brad
Rude to fabricate, and install a public art piece for the replacement of
a stolen artwork. In August 2012, 'The Long Look' bronze sculpture
located at Centennial Park was vandalized and stolen. This contract is
to repair, re-build and install a similar artwork. The sculpture will be
recast with additional security considerations. Committee discussion
followed.
Member Wales moved to forward to full Council for consideration.
Vice Chair Osborne seconded.
MOTION PASSED: 2-0
IV. DISCUSSION ITEMS
A. Police Department Inspectional Services Division (Hirman)
Commander Mike Hirman briefed the committee on the Inspectional
Services Division of the Auburn Police Department. There are two
parts to this division - Internal Affairs and Inspections. Internals can
be either informal supervisory inquiries (less serious, educating the
public) or formal internal investigations (more serious allegations, in-
depth investigation, potential for greater discipline). All internal affairs
matters are tracked and evaluated and also include collisions,
commendations, use of force, pursuits, injuries and outside internal
investigations. The other part of this division deals with inspections.
This is the APD's internal audit process on policies, cash accounts,
property inventories, evidence room and COBAN (in car cameras).
Both Vice Chair Osborne and Member Wales thanked the APD for
their service to the Auburn community. Committee discussion
followed.
B. Auburn Valley Humane Society - Schedule Update (Burke)
Project/Construction Manager Steven Burke provided an update on
the Auburn Valley Human Society schedule. Task 29, Software
Contract has been extended 30 days and remains within the task
Page 2 of 4
MS.1 Page 24 of 907
completion time line; Task 31, Request KC Licensing Data Part 2 is
removed from the schedule as the King County upload has been
completed in one batch instead of two; Task 42, Animal Control Officer
Recruitment is extended to 11/1/12 to allow additional time for the
hiring process. Interviews have been conducted and several
candidates are being considered. Committee discussion followed.
C. Ordinance No. 6424 - Animal Control and Licensing (Snyder)
Planning & Development Director Kevin Snyder updated the
Committee on the draft Ordinance which addresses changes to
regulations, standards and procedures for animal control and animal
licensing - Title 6 (Animals) of the Auburn City Code. This is a multi-
department staff effort from Police, Legal and Planning and
Development. Staff's proposed amendments to Title 6 along with any
additional changes identified by City Council need to be in effect prior
to January 1, 2013.
Several policy questions were posed and discussed by the Committee
to include the following: Current $125.00 charge for an
altered/unlicensed animal and $250.00 for unaltered/unlicensed
animal; graduated penalty system for violations; and proposed
changes to definitions providing for greater protection or more
expansive definitions than currently exist in King County code.
Committee discussion and review of the draft Ordinance followed.
The revised Ordinance will be brought back to the Municipal Services
Committee for action.
D. Resolution No.4867 - Animal Licensing Services Agreement (Snyder)
A resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an agreement
between the City of Auburn and PetData, Inc. for animal licensing
services. Planning and Development Director Kevin Snyder presented
information on PetData, Inc. a private sector service provider that
would offer a more cost efficient option on animal licensing
services. Based on research staff recommend PetData which appears
to be a more robust system and has current local experience in the
cities of Bothell and Lakewood and the Town of Steilacoom.
Committee discussion followed. It was clarified during discussion that
this agreement is for the contract only and that the City of Auburn is
responsible for obtaining these services based on the original contract
with AVHS.
Vice Chair Osborne recommended moving the contract forward to full
Council for action. Member Wales seconded.
MOTION PASSED: 2-0
Page 3 of 4
MS.1 Page 25 of 907
E. Resolution No. 4868 - Fee Schedule (Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to modify the City of Auburn
Master Fee Schedule for the purpose of adding a new section entitled
animal license fees. The proposed animal license fees are all $5.00
greater than the current fees charged by King County, except for the
senior and disabled fees, which are the same. Administrative late
payment penalties remain the same as King County and are separate
from the penalties related to the "failure to correct" citations that are
issued by the Auburn PD. The slight increase in fees will allow the
City to address the costs of these direct benefits, particularly the
provision of animal shelter services by the Auburn Valley Humane
Society. Due to the implementation deadline of the Pet Licensing
contract, the rates need to be approved by mid-November. AVHS
President Don Edwards will take the fee schedule to their November
1st Board meeting for review and provide their opinion to City staff
prior to the November 5th City Council meeting. Committee
discussion followed.
Vice Chair Osborne recommended moving this Resolution forward for
action, with possible modification, at the November 5th Finance
Committee and City Council meeting. Member Wales seconded.
MOTION PASSED: 2-0
F. Matrix
No changes were made to the Matrix at this time.
V. ADJOURNMENT
The meeting was adjourned at 5:15 p.m. The next meeting of the Municipal Services
Committee is Monday, October 22, 2012 at 3:30 p.m. in the Council Conference Room,
City Hall, 25 W. Main Street, Auburn, WA.
Signed this _________ day of October, 2012.
_______________________ ________________________________
Wayne Osborne, Vice Chair Terry Mendoza, Police Secretary/Scribe
Page 4 of 4
MS.1 Page 26 of 907
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 8, 2012 Meeting Minutes
Date:
October 10, 2012
Department:
Planning and Development
Attachments:
Draft Minutes - October 8, 2012
Budget Impact:
$0
Administrative Recommendation:
For information only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:
Meeting Date:October 15, 2012 Item Number:PCD.1
AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 27 of 907
Planning and Community
Development
October 8, 2012 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chair Nancy Backus called the meeting to order at 5:01 p.m. in Annex
Conference Room 2 located on the second floor of the One Main
Professional Plaza, One East Main Street, Auburn, Washington.
A. Roll Call
Chair Nancy Backus, Vice-Chair Partridge and Member John Holman
were present. Also present were Mayor Pete Lewis, Planning and
Development Director Kevin Snyder, Arts Coordinator Miaja McKnight,
Economic Development Manager Doug Lein, Planning Manager
Elizabeth Chamberlain, Planning Intern Gary Yao, Planner Stuart
Wagner, and Planning Secretary Tina Kriss.
Also present were: Scott Pondelick and Robert Whale of the Auburn
Reporter.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Approval of Minutes - September 24, 2012 (Snyder)
Vice-Chair Partridge moved and Member Holman seconded to
approve the September 24, 2012 minutes as written.
Motion carried unanimously. 3-0
III. ACTION
A. Resolution No. 4866 (Faber )
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to enter into a contract with Brad
Rude to fabricate and install a Public art piece for the replacement of
stolen artwork.
Page 1 of 4
PCD.1 Page 28 of 907
Arts Coordinator Miaja McKnight explained that in August 2012, 'The
Long Look', a bronze sculpture located at Centennial Park was
vandalized and stolen. The City desires to contract with artist Brad
Rude to repair, re-build, and install similar artwork for $30,000.00. The
sculpture will be recast with additional security considerations by
summer of 2013. The City will receive replacement insurance
proceeds to pay for the cost of replacing the sculpture. Committee is
supportive of Resolution No. 4866, replacing the sculpture.
Vice-Chair Partridge moved and Member Holman seconded to
approve the Resolution No. 4866.
Motion carried unanimously. 3-0
IV. DISCUSSION ITEMS
A. Comprehensive Downtown Auburn Parking Management Plan (Yao)
Planning Intern Gary Yao stated work on the Comprehensive
Downtown Parking Management Plan commenced in August 2011 per
approval of the Draft Work Plan by PCDC on July 11, 2011. As part of
the work plan staff presented the Committee the Comprehensive
Downtown Parking Management Plan draft table of contents, which
includes potential parking management strategies, a deliverable of
Task 3 (Public Parking Methods).
Committee and staff reviewed the draft Table of Contents. The
Committee is supportive with the general plan outline and table of
contents. Committee would like to explore and evaluate the following
topics as part of the downtown parking strategy:
• Is there the potential for the City to provide a cell phone
application showing parking locations in the City?
• Could the City owned property be opened up for seasonal uses
for the community?
• Is there a greater benefit to the community if the City owned
property was sold to a private owner to provide more parking
inventory? Staff will review previous studies/committee meetings
to see if this was studied or reviewed.
• In the short/long-term, would the City or merchants benefit from
paid parking and should the City provide municipally owned and
operated parking spaces for individuals or businesses?
• Is there alternative use of the City owned land that would benefit
the community?
• How much is the value of the City owned parking facilities?
• After the four (4) block City area is redeveloped, what will the
long-term parking needs be for the community and how much
City inventory will be left to serve that need?
Page 2 of 4
PCD.1 Page 29 of 907
B. Code Update Project Phase 2, Group 2 (Wagner)
Planner Stuart Wagner reviewed the results of the public hearing on
the Code Update Project Phase 2, Group 2 held at the October 2,
2012 Planning Commission meeting. There was no one from the
public present for comment, and the Planning Commission
recommended minor changes to the proposed code amendments to
Title 18 - Zoning of the Auburn City Code related to non-residential
zones (Code Update project - Phase 2 - Group 2) and forwarded a
recommendation for approval of the proposed amendments to the City
Council. Planner Wagner provided a handout reflecting the changes
recommended by the Planning Commission.
Committee and staff reviewed the draft code updates. Committee
made the following recommendations:
Modify Table 18.23.030 (pg 34 of 77) where the C-N, C-1, C-2, C-4
and EP Zoning Designations have Drive-through espresso standards
as an administrative use instead of a prohibited use.
Modify Table 18.23.030 (pg 33 of 77) where “foreign trade
zones” (allowing for bonded federal/foreign warehousing businesses)
are added to list of uses, either as permitted uses or administrative
uses in the M1 and M2 zone. “Foreign trade zones” would also need
to be defined in the code. Planning staff to return with suggested code
language.
Modify line item 55, pg 50 of 77, to allow other businesses or vendors
to sell merchandise or hold temporary events in the outdoor display
areas. Planning staff to return with suggested code language.
Line item 49, pg 51 of 77, add the word daily to read “Any outdoor
areas used for animal containment or exercise shall be maintained by
removing animal waste on a regular daily basis for proper disposal as
solid waste”.
C. 4Culture Grant Opportunity (Chamberlain)
Planning Manager Elizabeth Chamberlain updated the Committee on
the 4Culture Grant opportunity as part of an interlocal agreement with
King County for historic preservation services. In partnership with King
County Historic Preservation, 4Culture has introduced a new grant
opportunity for historic preservation related activities that is only
available to Interlocal Agreement Cities. Awards in amounts ranging
from $1,000 to $6,000 will be announced in December for project
implementation in 2013. Staff is interested in submitting an application
to designate Pioneer Cemetery as a King County and Auburn
Landmark. The grant request of $3,500 would cover the professional
Page 3 of 4
PCD.1 Page 30 of 907
services contract for putting together the landmark nomination
paperwork that is ultimately submitted to King County Historic
Preservation Office. Committee was supportive of moving forward to
apply for an application for landmark designation for the Pioneer
Cemetery as a King County and Auburn Landmark.
Committee recommended changing the name Pioneer Cemetery to
Japanese-American Pioneer Cemetery.
D. Director's Report (Snyder)
Planning Director Snyder reminded Committee that Thursday, October
11th at 7:00 p.m. there is a SEARCH Members Cities Forum at the
Black Diamond Community Center.
The City has applied for the Bloomberg nation wide innovation grant
for Cities last week. Part of the requirements was to provide
breakthrough ideas and innovative ideas to improve the City. The
City applied on behalf of the Auburn Veterans and Community
Services Center. The City will find out this month if the City was
selected to move forward in the selection process.
The City received 25 new residential single family home applications in
one day and continues to receive commercial tennant improvement
applications.
E. PCDC Matrix (Snyder)
Committee and staff reviewed the matrix. Committee has no changes
or additions.
V. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 6:52
p.m.
APPROVED THIS _______ day of ______________________, 2012.
________________________________
Nancy Backus - Chair
________________________________
Tina Kriss - Planning Secretary
Page 4 of 4
PCD.1 Page 31 of 907
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 1, 2012 Meeting Minutes
Date:
October 10, 2012
Department:
Public Works
Attachments:
October 1, 2012 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:October 15, 2012 Item Number:PW.1
AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 32 of 907
Public Works Committee
October 1, 2012 - 3:30 PM
Annex Room 2
MINUTES
I. CALL TO ORDER
Chairman Rich Wagner called the meeting to order at 3:30 p.m. in
Conference Room #2, located on the second floor of Auburn City Hall, One
East Main Street, Auburn, Washington, 98002.
A. Roll Call
Chairman Wagner, Vice-Chair Bill Peloza, and Member Osborne were
present. Also present during the meeting were: Mayor Pete Lewis, City
Engineer/Assistant Director Dennis Selle, Assistant City Engineer
Ingrid Gaub, Utilities Engineer Dan Repp, Transportation Manager
Pablo Para, Engineering Aide Amber Mund, Project Engineer Robert
Lee, Project Engineer Leah Dunsdon, citizen Scot Pondelick, and
Public Works Department Secretary Jennifer Cusmir.
B. Announcements
There were no announcements.
C. Agenda Modifications
There was one agenda modification, Discussion Item D, Resolution
No. 4864.
II. CONSENT AGENDA
A. Approval of Minutes
Councilmember Peloza moved and Councilmember
Osborne seconded to approve the minutes of the September 17, 2012
Public Works Committee Meeting.
Motion Carried Unanimously. 3-0.
B. Right-of-Way Use Permit No. 12-30 (Mund)
Councilmember Peloza moved and Councilmember
Osborne seconded to approve Right-of-Way Use Permit No. 12-30 for
the Parks, Arts and Recreation Department’s Annual Santa Parade.
Chairman Wagner asked why B Street NE is closed. Engineering Aide
Mund explained that B Street NE is closed because Main Street is Page 1 of 6
PW.1 Page 33 of 907
closed and through traffic has no outlet.
Engineering Aide Mund stated that the street closures and detours are
the same as last year.
Motion Carried Unanimously. 3-0.
C. Public Works Project No. CP0916 (Dunsdon)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council approve Final Pay
Estimate No. 10 to Contract No. 11-11 in the Amount of $6,792.50 and
Accept Construction of Project No. CP0916 – West Valley Highway
Improvements.
Member Osborne asked if the cost of the continued maintenance of
the median was included in the project’s budget. Project Engineer
Dunsdon stated that the cost would be covered under the Streets
Maintenance budget and not the project budget. Member Osborne
asked if the median maintenance would be part of the Streets Budget
or the Parks Maintenance Budget. Assistant Director/City Engineer
Selle stated either the cost would be covered under the Streets Budget
or the Parks Budget depending on which department is responsible for
the maintenance of the median.
Chairman Wagner recommended that when budgeting capital projects
in the future, the cost and budgeting of continued maintenance of
areas such as medians be considered. The Committee agreed.
Motion Carried Unanimously. 3-0.
III. RESOLUTIONS
A. Resolution No. 4862 (Lee)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor to Execute a Local Agency Agreement Between
the City of Auburn and the Washington State Department of
Transportation Relating to the Citywide Traffic Signal Safety
Improvements
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend the City Council adopt Resolution
No. 4862.
Project Engineer Lee explained that the circled signals shown on the
project vicinity map are identified as signals that need some or all of
the identified types of improvements but not all of the signals may be
upgraded as part of the project due to funding constraints, in response
to a question asked by Chairman Wagner.
Page 2 of 6
PW.1 Page 34 of 907
Chairman Wagner asked why no signals on Lea Hill are included in
the project. Project Engineer Lee stated the safety improvements are
focused on specific types of improvements such as left-hand turn
arrows and pedestrian signal heads. Chairman Wagner stated that the
signals at 320th Street and 124th Street may be in need of those types
of improvements. Transportation Manager Para stated the signals at
320th Street and 124th Street will be receiving similar upgrades
through different projects. Transportation Manager Para pointed out
that the intersections included in the Citywide Traffic Signal Safety
Improvements also had to be on WSDOT’s list of approved
intersections, which is related to accident history.
Project Engineer Lee explained that the first priority of the project is to
install the left-turn arrows, which may require the mast arms of the
signal to be extended. That will affect cost and help to determine how
many signals will be upgraded.
Chairman Wagner asked if right turns can be made on a red
arrow. Transportation Manager Para stated that he would perform
some research and report back to the Committee
Motion Carried Unanimously. 3-0.
IV. DISCUSSION ITEMS
A. Resolution No. 4860 (Bailey/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington
Declaring Certain Items of Property as Surplus and Authorizing Their
Disposal
Chairman Wagner asked if the tables being surplused by the Senior
Center could be used by any other City department. Mayor Lewis
answered that he did not think so, as the tables are quite old, but he
would find out.
The Committee and staff discussed the cost of maintenance and
repair, the value of the items, and the amount of usage of the truck
and mower to be surplused.
B. Capital Project Status Report (Gaub)
Item 3 – CP1005 – South Division Street Promenade
Project: Chairman Wagner asked if there are spare black pylons is
case they are hit by a vehicle. Assistant City Engineer Gaub answered
that there are no spares, but staff does have the part numbers so they
can be reordered and replaced.
Item 6 – C207A – A Street NW Corridor Phase I: Mayor Lewis
Page 3 of 6
PW.1 Page 35 of 907
reported that a portion of the corridor has been opened to traffic, from
14th St NW to 10th St NW. Assistant City Engineer Gaub reported that
there have been no issues, in response to a question asked by
Chairman Wagner.
Item 16 – C201A – M Street Underpass: Member Osborne asked
when the road grade will be lowered under the railroad
tracks. Assistant City Engineer Gaub answered that there is some
work that BNSF needs to complete prior to that work starting.
Assistant City Engineer Gaub answered questions asked by the
Committee regarding the construction of the railroad bridge and the
track grading.
Item 22 – CP1108 – 2011/2012 Citywide Storm Pond
Cleaning: Assistant City Engineer Gaub explained that it is too late in
the year to begin work and not have to deal with ground water, in
response to a question asked by Vice-Chair Peloza. Therefore, project
is being delayed until next Spring.
Item 27 – CP1119 – Auburn Way South Corridor Improvements – Fir
Street SE to Hemlock Street SE: Assistant Director/City Engineer
Selle stated the meeting with the FAA has been postponed, in
response to a question asked by Member Osborne. The Committee
and Mayor Lewis discussed the Save Our Streets funding.
Item A – CP1210 – Auburn Valley Humane Society Site
Improvements: Mayor Lewis reported that the new driveway on
Oravetz Road is complete. Mayor Lewis asked that the engineers look
into concerns with cut-through traffic in the parking.
C. Action Tracking Matrix (Dowdy)
Item D – Active Capital Improvement Projects Map: Assistant City
Engineer Gaub reported that the West Valley Highway Project is
complete as well as the SOS Phase 2 for 2011, which she will
highlight on the map.
The Committee requested that they review the map and completed
projects quarterly. Staff will add the review of the map to the meeting
agenda every quarter and will present the Committee with a map
highlighting the projects completed year-to-date.
Item B – Estimated Cost of AEP Parking on West Main Street:
Transportation Manager Para distributed a map of the proposed
parking design along West Main Street. The Committee and staff
reviewed the map and the conceptual design, which includes three
parking stalls.
Page 4 of 6
PW.1 Page 36 of 907
Transportation Manager Para stated that the design will minimize the
impact on the wetland areas and minimized any potential filling while
maintaining the curb-to-curb width so the corridor is not disrupted and
the bicycle lanes planned for the corridor remain continuous from
Downtown to West Valley Highway. The cost estimate is
approximately $80,100.00.
Assistant Director/City Engineer Selle said that staff will look for grant
funding opportunities for the project, in response to a question asked
by Chairman Wagner.
The Committee and staff discussed whether or not cars facing the
eastbound direction could park in the stalls. Transportation Manager
Para pointed out that City Code does require parking in the same
direction as adjacent traffic. The Committee discussed where
eastbound traffic could make a u-turn in order to use the parking
stalls.
Chairman Wagner and Vice-Chair Peloza spoke in favor of searching
for grant opportunities, even if City match is required.
Item A – Street Lighting 102nd Place SE: Transportation Manager
Para reported that PSE had determined that there are some issues
with the poles on 102nd Place SE and a field meeting will be
scheduled with PSE to assess the situation further. Mayor Lewis
stated that there will at least need to be a light at the end of the road.
D. Resolution No. 4864 (Bakus/Heid & Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
Expressing the Opposition of the Auburn City Council to the
Placement of King County Solid Waste Disposal Transfer Sites at
1380 C Street Northwest and 901 C Street Southwest in Auburn,
Washington
Chairman Wagner asked that “reduced property value” be included as
one of the serious negative consequences in the resolution. The
Committee agreed. The Department Secretary notified the City Clerk
and City Attorney of the requested amendment.
The Committee supported adoption of Resolution No. 4864, as
amended.
V. ADJOURNMENT
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 4:18 p.m.
Page 5 of 6
PW.1 Page 37 of 907
Approved this 15 day of October, 2012.
_____________________________ ____________________________
Rich Wagner, Chair Jennifer Cusmir, Department Secretary
Page 6 of 6
PW.1 Page 38 of 907
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 1 , 2012 Meeting Minutes
Date:
October 10, 2012
Department:
Administration
Attachments:
minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Partridge Staff:
Meeting Date:October 15, 2012 Item Number:FN.1
AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 39 of 907
Finance Committee
October 1, 2012 - 5:30 PM
Annex Conference Room 1
MINUTES
I. CALL TO ORDER
Chair John Partridge called the meeting to order at 5:30 p.m. in Conference
Room 1 located on the second floor of the City Hall Annex located at One
East Main Street in Auburn.
A. Roll Call
Chair John Partridge, Vice Chair John Holman and Member Largo
Wales were present. City officials and staff members present
included: Mayor Peter B. Lewis, Economic Development Planner Bill
Thomas, Finance Director Shelley Coleman, City Engineer Dennis
Selle, City Attorney Daniel B. Heid, and City Clerk Danielle Daskam.
Also present was Scot Pondelick.
B. Announcements
There was no announcement.
C. Agenda Modifications
Resolution No. 4864 was added to the agenda.
II. CONSENT AGENDA
A. Minutes of the September 17, 2012 regular meeting
Member Wales moved and Vice Chair Holman seconded to approve
the September 17, 2012 minutes.
MOTION CARRIED UNANIMOUSLY. 3-0
B. Claims Vouchers (Coleman)
Claims check numbers 417031 through 417414 in the amount of
$2,940,907.94 and dated October 1, 2012.
Committee members reviewed the claims and payroll vouchers and
briefly discussed claims vouchers 417067, 417089, 417208, 417252,
417309, 417032, 417301, 417137, 41725, and 417371.
Vice Chair Holman presented Finance Director Coleman with a
spreadsheet that he had prepared of cemetery lot sale revenue,
interments and inurnments, number of employees, and net working
Page 1 of 6
FN.1 Page 40 of 907
capital from operations since 2002. He explained that some of the
information is missing and he cannot confirm the accuracy of the
information. He requested that Finance staff complete the information
for the years missing.
Vice Chair Holman stated that it appears that the cemetery lot sales
revenue has been flat over the years. The revenue from interments
and inurnments also appears to be flat. The net working capital has
been declining and has gone into the red starting in 2007.
Mayor Lewis stated that the City's costs for cemetery employees
salaries and benefits have increased while revenues remain flat.
Human Resources Director Heineman and Finance Director Coleman
are already working on additional background materials related to
the cemetery for the Committee to review.
Member Wales moved and Vice Chair Holman seconded to approve
and forward claims and payroll vouchers to the full Council for
approval.
MOTION CARRIED UNANIMOUSLY. 3-0
C. Payroll Vouchers (Coleman)
Payroll check numbers 533226 through 533269 in the amount of
$277,449.58 and electronic deposit transmissions in the amount of
$1,289,539.52 for a grand total of $1,566,989.10 for the period
September 13, 2012 to September 26, 2012.
See claims vouchers above for approval of payroll vouchers.
III. RESOLUTIONS
A. Resolution No. 4857 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute a contract with the
Auburn Food Bank
Finance Director Coleman presented Resolution No. 4857. The
Resolution authorizes the renewal of a contract with the Auburn Food
Bank to provide residents of the City with financial help through the
Auburn Cares Program to pay for heating bills, water/sewer utilities,
shelter and other emergent financial needs.
Vice Chair Holman moved and Member Wales seconded to approve
and forward Resolution No. 4857 to the full Council for approval.
MOTION CARRIED UNANIMOUSLY. 3-0
B. Resolution No. 4860 (Dowdy)
A Resolution of the City Council of the City of Auburn, Washington
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FN.1 Page 41 of 907
declaring certain items of property as surplus and authorizing their
disposal
City Engineer Dennis Selle explained that Resolution No. 4860
authorizes the surplus and disposal of a mower, a vactor truck, a
pickup, and five tables from the Senior Center. The mower and pickup
truck have been replaced; neither is cost effective to repair. The seven
year old vactor truck has been replaced and is of no further use to the
City. It is in the best interest of the City to sell the equipment and
realize the funds from its sale. The Senior Center has no further use
for the five round folding tables.
Vice Chair Holman moved and Member Wales seconded to approve
Resolution No. 4860 and forward it to the full Council for approval.
MOTION CARRIED UNANIMOUSLY. 3-0
C. Resolution No. 4864
A Resolution of the City Council of the City of Auburn, Washington,
expressing the opposition of the Auburn City Council to the placement
of King County solid waste disposal transfer sites at 1380 C Street
Northwest and 901 C Street Southwest in Auburn, Washington
City Attorney Heid stated that Resolution No. 4864 provides for a
collective statement of the Auburn City Council expressing opposition
to the two sites in Auburn that have been identified as potential solid
waste transfer station sites.
Vice Chair Holman commented that both of the sites in Auburn are
located in the City's Innovation Partnership Zone. The siting of a
transfer station at either location would adversely impact the City with
lost property tax revenue, lost sales tax revenue, increased truck traffic
and congestion, among other negative impacts.
Four sites are under consideration by King County--two in Auburn, one
in Algona, and one in Federal Way.
Vice Chair Holman moved and Member Wales seconded to approve
Resolution No. 4864 and forward the Resolution to the full Council for
approval.
MOTION CARRIED UNANIMOUSLY. 3-0
IV. DISCUSSION ITEMS
A. Iron Horse Casino and Gambling Taxes (Coleman)
Finance Director Coleman presented the Committee members with a
draft ordinance relating to the reduction of the tax on social card games
for two years. Page 3 of 6
FN.1 Page 42 of 907
Also presented for Committee review was a letter from Chris Kealy of
the Iron Horse Casino requesting the Council extend the reduced
gaming tax rate of 4% for an additional 24 month period effective July
1, 2012.
Finance Director Coleman stated that she is waiting for
additional information from Mr. Kealy before administration makes a
recommendation on the request from Iron Horse Casino.
Finance Director Coleman explained that in 2010, at the urging of the
Iron Horse Casino, the Council adopted a temporary reduction of the
gambling tax on social card games from 12% to 4% of the gross
amount of revenue received from social card games. The tax reduction
expired in June 2012 and the tax rate is now at 12%. Director
Coleman acknowledged that with the current economic condition and
competition from tribal casinos, the social card game activity has
suffered a reduction in business.
Director Coleman reported that the Iron Horse Casino has provided
audited financial statements. Mr. Kealy has stated that without the
gambling tax reduction his business will close. Director Coleman
stated that Mr. Kealy has also requested that the difference between
the 12% and 4% tax rate that has been in effect since July be added to
his existing promissory note. The note is approximately $350,000 and
is due at the end of 2014.
Chair Partridge expressed concern with the request and questioned the
impact on City revenues. Mayor Lewis recommended that any
extension of the tax reduction be conditioned on the receipt of a
personal guarantee.
Finance Director Coleman stated that the business pays gambling
taxes quarterly and is current on its promissory note. The balance of
the promissory note is due at the end of 2014.
Mayor Lewis suggested Committee members review the businesses
audited financial statements with Finance Director Coleman.
Vice Chair Holman expressed support for extending the gambling tax
reduction provided the outstanding debt is guaranteed.
Committee members expressed concern with adding to the promissory
note.
Director Coleman stated that she would discuss with Mr. Kealy the
Committee's recommendations of reducing the card room tax to 4%
through the end of 2014 with a personal guarantee, but the card room Page 4 of 6
FN.1 Page 43 of 907
tax that has been in place for the last three months would be 12% and
payable this quarter.
Member Wales reported that the Municipal Services Committee also
recommended a reduction of the tax to 4% and securing the
outstanding debt.
B. Resolution No. 4861 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute a contract with Century West
Engineering Corporation for consulting services
Finance Director Coleman stated that Resolution No. 4861 authorizes a
contract for professional services with Century West Engineering
Corporation for preparation of the Airport Master Plan update.
Economic Development Planner Bill Thomas stated that the cost of the
Airport Master Plan update will be paid from a Federal Aviation
Administration grant. The grant will pay 90% of the cost of the project
with the balance being paid from the Airport Fund.
C. Resolution No. 4862 (Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute a Local Agency Agreement between
the City of Auburn and the Washington State Department of
Transportation relating to the citywide traffic signal safety
improvements
City Engineer Dennis Selle explained that Resolution No. 4862
authorizes the acceptance of a $400,000 federal grant from the
Washington State Department of Transportation for traffic signal safety
improvements for the Citywide Traffic Signal Safety Improvements
project.
The project includes a variety of traffic signal safety improvements
such as flashing yellow left turn signal heads, installation of auxiliary
signal heads, new or improved vehicle detection systems, installation of
signal head back plates, countdown pedestrian signal heads, enhanced
pedestrian pushbuttons and new LED signal lamps. City Engineer
Selle directed the Committee members to the map in the agenda
packet, which identifies the intersections that will receive
improvements.
D. Auburn Avenue Theater
In response to a question from the Committee, Finance Director
Coleman stated the budgeted expenses for the Auburn Avenue
Theater in years 2013 and 2014 are $513,000 each year. The lease
payment is approximately $70,000 per year, and there are
approximately eight or nine years left on the lease. The revenue from
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FN.1 Page 44 of 907
the theater is approximately $100,000 annually.
Mayor Lewis commented that the theater draws several hundred
people to the downtown area for events such as Auburn Avenue Kids,
Comedy Club, and other performances and cultural events.
V. ADJOURNMENT
There being no further business to come before the Committee, the meeting
adjourned at 6:45 p.m.
APPROVED the 15th day of October, 2012.
_____________________________ _____________________________
John Partridge, Chair Danielle Daskam, City Clerk
Page 6 of 6
FN.1 Page 45 of 907
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 1, 2012 Meeting Minutes
Date:
October 10, 2012
Department:
Administration
Attachments:
October 1, 2012 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:
Meeting Date:October 15, 2012 Item Number:COC.1
AUBURN * MORE THAN YOU IMAGINEDCOC.1 Page 46 of 907
Council Operations Committee
October 1, 2012 - 5:00 PM
City Hall Conference Room 2
MINUTES
I. CALL TO ORDER
A. Roll Call
Chair Nancy Backus called the meeting to order at 5:00 p.m. in
Conference Room 2 on the second floor of Auburn City Hall located at
25 West Main Street in Auburn.
Members in attendance included Chair Nancy Backus, Vice Chair Rich
Wagner and Member Bill Peloza. Also in attendance were City
Attorney Dan Heid and Deputy City Clerk Shawn Campbell.
B. Announcements
There was no announcement.
C. Agenda Modifications
There was no change to the agenda.
II. CONSENT AGENDA
A. June 6, 2012 regular meeting minutes
Vice Chair Wagner moved and Member Peloza seconded to approve
the June 6, 2012 minutes.
Motion carried unanimously. 3-0
III. DISCUSSION ITEMS
A. Guidelines for Councilmembers' implied or direct endorsement of
entities that do business with the City
Vice-Chair Wagner explained his concern with providing a reference or
endorsing a company as a councilmember. He asked if the City could
create a guiding policy to help councilmembers respond appropriately
in the future.
City Attorney Heid stated a councilmember does not lose their position
as a citizen by being elected to the City Council. The councilmember
can always state an opinion, but he recommended the statement be
prefaced with the term "as a private citizen....." or "in my opinion...". If Page 1 of 2
COC.1 Page 47 of 907
any member of Council would like to represent the opinion of the full
Council or the City the approval must first be given to that member by
the full Council. Chair Backus requested modification of the Council
Rules and Procedures to include guiding policies on endorsements.
Vice Chair Wagner asked for the City Attorney's opinion on a
councilmember giving personal references and requested the policy
also be added to the Council Rules and Procedures. City Attorney
Heid stated if there is not a specific policy in place a Councilmember
can give a reference as a private citizen. Chair Backus stated she
believes all letters of reference should be routed through Human
Resources or Legal.
B. Frequency of the Council of the Whole Meetings
Chair Backus suggested the Council set six Council of the Whole
meetings each year. The meetings could be every other month.
Member Peloza said he is concerned the Council would be having
meetings for the sake of having meetings and suggested five meetings
per year. Vice Chair Wagner stated if the Council has an item that
requires discussion by the whole council outside of a regular meeting
a workshop could be set up. Chair Backus said she will work with the
Clerks office to set a policy for scheduling the Council of the Whole
meetings.
C. Junior City Council
Vice Chair Wagner asked for a status update on the Junior City
Council. City Attorney Heid said the School district is working on their
concerns to bring back to the City. Chair Backus requested a
representative from the school district attend the next Council
Operations Committee meeting to discuss their concerns.
IV. ADJOURNMENT
There being no further business, the meeting adjourned at 5:38 p.m.
Approved this 5th day of November, 2012.
__________________________ __________________________
Nancy Backus, Chair Shawn Campbell, Deputy City
Clerk
Page 2 of 2
COC.1 Page 48 of 907
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the September 26, 2012 Special Meeting
Date:
October 10, 2012
Department:
Administration
Attachments:
minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:October 15, 2012 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 49 of 907
Special City Council Meeting
September 26, 2012 - 5:00 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
The special meeting of the City Council convened at 5:05 p.m. at Auburn City Hall.
Councilmembers present included Rich Wagner, Nancy Backus, John Partridge, Bill
Peloza, Largo Wales, Wayne Osborne and John Holman.
Also present were Mayor Peter B. Lewis, Finance Director Shelley Coleman,
Financial Planning Manager Martin Chaw, Chief of Police Robert Lee, Public Works
Director Dennis Dowdy, Human Resources and Risk Management Director Brenda
Heineman, Parks, Arts and Recreation Director Daryl Faber, Innovation and
Technology Director Lorrie Rempher, Planning and Development Director Kevin
Snyder, City Attorney Dan Heid and Deputy City Clerk Shawn Campbell.
II. DISCUSSION ITEMS
A. 2013-2014 Budget Review (Coleman)
Director Coleman stated the meeting will cover the General Fund and Special
Revenue funds portion of the 2013 - 2014 Budget. The final proposed budget
will be provided to Council by November 1, 2012.
Director Coleman shared factors used to develop the budget including a slow
improvement in local, regional and national economy, permanent reduction to
the liquor taxes and profits and an increase in cost pressures from rising health
care costs and pension contributions. The principles used to establish the
general fund budget included preserving the existing level of services, support
of the City's workforce, conservative financial planning and ending 2014 with a
minimum reserve balance equal to eight percent of operating expenditures.
Director Coleman shared the revenue sources and expenses for the 2013-
2014 General Fund budget. Salaries and wages make up 40 percent of the total
General Fund expenses. The largest revenue sources include property, sales
and utility taxes. Councilmember Osborne confirmed if the revenue included all
the fees for park and recreation activities and theater rentals.
Director Coleman reviewed the General Fund revenue challenges including the
decrease in assessed value and reaching the limit for the property tax levy,
reduction to streamlined sales tax by legislative action, suspension of the liquor
excise tax, loss of the future liquor sales profits beyond 2011 levels and the
COPS grant expiring at the end of 2012. In addition, the City's contribution for
health care and PERS 1 and 2 pension funds will increase over the next two
years.
Councilmember Peloza said before the State privatized the liquor sales it was
his understanding the City would be in a better position financially with the new
system. Director Coleman said the new legislation retains the excise tax and
Page 1 of 4
CA.A Page 50 of 907
the licensing fee for the State. The City will receive the profits at the 2011 level
and through legislative action; the State has taken all liquor excise tax until July
1, 2013. Councilmember Holman asked for the amount the City received from
the onetime offset from the sales of the liquor stores. Director Coleman said it
was $188,000.
Director Coleman presented the Council with an overview of the 2013 - 2014
Financial Plan. She started with the Council and Mayor's budget. There are no
significant budgetary changes. There was an internal reorganization of the
departments under the Mayor. Community Services now reports to the Planning
Department and the Community Services Manager has been reclassified as the
Adviser to Mayor. Council discussed the staff changes and the impact those
changes will have on the Mayor's budget.
Councilmember Peloza asked for the breakdown of the Community
Development Block Grant (CDBG) funding. Director Coleman stated the
approximately $118,000 goes to administrative costs, $100,000 to the Green
River Small Business Assistance Center, and the balance of $240,000 pays for
home repair.
Director Coleman reviewed the Human Resources budget. The Court and
public defense contract is now included in the Human Resources budget. The
significant budget changes include termination of the Municipal Court and the
Probation operations and resuming those operations with King County. The
Risk Manager was promoted to the Assistant Human Resources Director and
still handles risk management. Councilmember Peloza requested the
Association of Washington Cities Wellness program and maintaining the City of
Auburn position in the top 20 for the prescription program be added to the goals
for 2013. She added the objective of becoming a "Well City" to receive the two
percent discount has been tasked to the employment manager and she would
include the goal to work with Council on maintaining the City's position with the
prescription drug program. The City has five union contracts to negotiate in the
coming year and the court transition will be a large change to the Human
Resources Director duties. Councilmember Peloza asked for the reasoning for
the large increase in the intergovernmental charges. The change is associated
with the changes in the court system. Councilmember Peloza asked for the
miscellaneous charges for bus passes. Director Coleman stated the City is
required by law to have a trip reduction program and the bus passes are a part
of the City’s program.
Director Coleman reviewed the City Attorney budget. There are no significant
changes. Director Heid stated the department's budget is the same as it was in
2000. He added the department is also doing more in house than in 2000.
Director Coleman presented the Planning Department budget. The Mayor has
recommended the following program improvements; 20-year Comprehensive
Plan update, restoration site maintenance, and national flood insurance
coordination. The changes to the General Fund portion of the budget include
elimination of the animal control services and $50,000 for canvassers. The
internal reorganization has added Community Services to the Planning
Department. Council discussed the charges and allocation of funds for Facilities
and Innovation and Technology.Councilmember Peloza asked what the
process is to have an approved Transportation Plan certified by the Puget
Page 2 of 4
CA.A Page 51 of 907
Sound Regional Council (PSRC). Mayor Lewis stated PSRC has processes
outlined for the approval process. Councilmember Holman asked if the City has
any expected changes to the potential annexation area. Mayor Lewis stated the
City has no further territorial ambitions at this point. He said the long term
planning for the area around Lake Tapps needs to be considered by the cities
of Auburn, Sumner, Bonney lake and Buckley. Councilmember Holman
recommended working with the other cities in the region to anticipate the
needed growth for the region. Councilmember Wagner suggested talking to
Pierce County councilmembers regarding the concerns and needs of the City of
Auburn.
Director Coleman reviewed the Police Department proposed budget. The Police
Department has proposed new programs including speech recognition
software, public safety security compliance, and forensic cell phone equipment.
As part of the reorganization, Emergency Management is now part of the Public
Works department. The SCORE jail budget is based upon 122ADP in 2013 and
88ADP in 2014.
Councilmember Wales noted the new positions added to the budget have been
approved in 2012 budget amendments. Councilmember Holman clarified the
difference between the state and federal seizure laws. The City's seizure's are
mostly through the state. Councilmember Wales asked if the revenue
generated from traffic enforcement covers the parking enforcement officer’s
wages. Chief Lee said the fines and fees cover the salaries. Councilmember
Wales asked what portion of time the officer assigned to DARE spends on the
DARE program and what portion is spent on accreditation tasks. Chief Lee
stated the officer spends approximately three fourths of her time on DARE and
the remainder of her time on accreditation. Councilmember Partridge asked
why the emergency management personnel were reassigned to the Public
Works Department. Mayor Lewis said the duties required for this position work
more closely with Public Works than the Police Department. With the move,
the City will have a more streamlined approach to the emergency.
Councilmember Peloza confirmed the towing charges incurred by DUI
offenders are passed through to the offender. He also requested the police
department monitor the idling of vehicles more closely to reduce fuel costs.
Director Coleman reviewed the Public Works Department budget. The Mayor
has proposed new programs including the Comprehensive Plan update, Mobile
LiDAR funding and the Automatic Vehicle Locater. The department has two
new divisions, Emergency Management and Facilities Management. Director
Dowdy stated the Automatic Vehicle locater will monitor idle time of vehicles
along with real time location of each vehicle. Councilmember Wales asked if the
budget includes money to maintain the medians. Director Dowdy said the
medians would fall under the Parks Department.
Director Coleman reviewed the Parks Department budget. The only proposed
program approved by the Mayor is the parks portion of the Automatic Vehicle
locater program. Councilmember Peloza requested the Tree City USA be under
the accomplishments for 2012. Councilmember Partridge asked for additional
sites being considered as dog parks. Mayor Lewis stated the City is seeing how
the current dog park does for a few seasons before expanding the program.
Councilmember Osborne asked where the $30,000 for the Arts Commission is
located in the budget. Director Coleman said that is part of the Capital Projects
Page 3 of 4
CA.A Page 52 of 907
portion of the budget. Councilmember Partridge asked what the added
expenditure under Capital Outlays is connected to. Director Coleman
responded the expenditure is for the new flooring in the Millennium room.
Councilmember Osborne asked why there is such a large bump in the printing
costs. Director Coleman said it is based upon actual usage from the prior year.
Councilmember Wales asked if the Farmer’s Market covers expenses. Director
Faber stated it is not self-sustaining.
Director Coleman presented the Finance Department proposed budget. The
Finance budget encompasses many miscellaneous areas. The Non
Departmental portion of the General Fund pays for the Auburn Valley Regional
Humane Society, Library bond, Valley Communications, and transfers in and
out for Innovations and Technology.
Councilmember Peloza asked if the City has a plan for collecting the funds from
Auburn Valley Regional Humane Society debt repayment. Councilmember
Partridge asked about the revenue from animal licensing. Mayor Lewis said the
City is still finalizing the procedure on transferring the licensing for the citizens.
He said the City will request a refund from King County for the amount of time
citizens have paid for services not received. Director Snyder said the City is in
talks with the vendor to provide online and mail in services.
The Cumulative Reserve fund has budgeted approximately $2.9 million in
transfers that traditionally have been budgeted from the General Fund for
library bonds, Golf Course debt services, loans, and fund support.
The Mitigation Fees fund has $1.1 million in transfers scheduled for the Local
Street Fund and the Parks Capital and General Capital improvements.
Councilmember Partridge confirmed that the King County District Court
Contingency will cover the total expenses for the transition. Councilmember
Wales confirmed the expenditures for the Court employees severance
packages are budgeted in 2012.
III. ADJOURNMENT
There being no further business, the meeting adjourned at 7:19 p.m.
APPROVED this 15th day of October, 2012
_______________________________ _________________________________
Peter B. Lewis, Mayor Shawn Campbell, Deputy City Clerk
Page 4 of 4
CA.A Page 53 of 907
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the October 1, 2012 Regular Meeting
Date:
October 8, 2012
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:October 15, 2012 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 54 of 907
City Council Meeting
October 1, 2012 - 7:30 PM
Auburn City Hall
MINUTES
Watch the meeting video
Meeting videos are not available until 72 hours after the meeting has concluded.
I. CALL TO ORDER
A. Flag Salute
Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. in the Auburn
City Hall Council Chambers and led those in attendance in the Pledge of
Allegiance.
B. Roll Call
Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, John
Partridge, Largo Wales, Wayne Osborne, and John Holman.
Department directors and staff members present: City Attorney Daniel B.
Heid, Planning and Development Director Kevin Snyder, Human Resources
and Risk Management Director Brenda Heineman, City Engineer Dennis
Selle, Innovation and Technology Supervisor Reba Stowe, Economic
Development Planner Bill Thomas, Police Commander David
Colglazier, Parks, Art and Recreation Director Daryl Faber, Economic
Development Manager Doug Lein, Finance Director Shelley Coleman, and
City Clerk Danielle Daskam.
C. Announcements, Appointments, and Presentations
1. Entrepreneurship Week Proclamation
Mayor Lewis to proclaim October 12-18, 2012 as Entrepreneurship
Week in the city of Auburn.
Mayor Lewis read and presented a proclamation declaring the week of
October 12-18, 2012 as Entrepreneurship Week in the city of Auburn to
Mountainview High School DECA student Cari Ohashi. Mayor Lewis
encouraged all students and citizens to join the Auburn Mountainview
High School DECA Chapter in their campaign to inform others about
the opportunities of entrepreneurship. Ms. Ohashi explained that their
DECA Chapter project is to work with the Auburn Rotary Club on
a mentorship program for high school students who are interested
in starting their own business.
2. Planning and Community Development Month Proclamation
Mayor Lewis to proclaim the month of October 2012 as "Planning and
Community Development Month" in the city of Auburn.
Mayor Lewis read and presented a proclamation declaring the month of
October 2012 as Community Planning Month in the city of Auburn to
Auburn Planning Commission Chair Judi Roland. Mayor Lewis
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CA.B Page 55 of 907
encouraged citizens to learn about and engage with the City's planning
efforts. Mayor Lewis thanked the volunteer members of the Auburn
Planning Commission for their work and commitment to the City.
Planning Commission Chair Roland thanked the Planning and
Development staff for their support.
3. Appointment to Human Services Committee
City Council to approve the appointment of Daryl Thompson to the
Human Services Committee to serve a new three year term expiring
December 31, 2014
Deputy Mayor Backus moved and Councilmember Wagner seconded
to confirm the appointment of Daryl Thompson to the Human Services
Committee.
MOTION CARRIED UNANIMOUSLY. 7-0
D. Agenda Modifications
Revised minutes for the September 13, 2012 special Council meeting were
distributed prior to the meeting and Resolution No. 4864 was added to the
agenda.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
There was no public hearing scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the
City Council on any issue. Those wishing to speak are reminded to sign in
on the form provided.
No one from the audience requested to address the Council.
C. Correspondence
There was no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Peloza reported the Municipal Services Committee met September
24, 2012. The Committee reviewed Resolution No. 4859 relating to a
contract for art work that will be located at the new Lea Hill Park
and Resolution No. 4861 approving a contract with Century West
Engineering for consulting services related to the Airport Master Plan
update. The Committee discussed the Iron Horse Casino and gambling
taxes, Resolution No. 4857 approving a contract with Auburn Food Bank
related to the Auburn Cares Program, the cemetery marketing plan, and the
City Hall renovations. The next regular meeting of the Municipal Services
Committee is scheduled for October 8, 2012 at 3:30 p.m.
Page 2 of 8
CA.B Page 56 of 907
B. Planning & Community Development
Chair Backus reported the Planning and Community Development
Committee met September 24, 2012. The Committee met in a joint session
with the Human Services Committee and discussed the work of the Human
Services Committee. The Planning and Community Development
Committee then continued with their regular agenda and reviewed
Resolution No. 4859 approving a contract for public art that will be located
at the new Lea Hill Park. The Committee discussed the downtown sculpture
gallery art selection, the City Hall Phase 1 remodel project, development
and permitting statistics, and the Committee's matrix. The next regular
meeting of the Planning and Community Development Committee is
scheduled for October 8, 2012 at 5:00 p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met this afternoon at
3:30. The Committee approved a right-of-way use permit for the Santa
Parade and final payment for Public Works Project No. CP0916, West
Valley Highway Improvements. The Committee also approved Resolution
No. 4862 authorizing acceptance of a grant from the Department of
Transportation for the Citywide Traffic Signal Safety Improvements. The
Committee discussed Resolution No. 4860 relating to surplus property,
Resolution No. 4864 expressing the Council's opposition to the siting of King
County Solid Waste Transfer facilities in the city of Auburn, capital projects
status, and the Committee's matrix. The next regular meeting of the Public
Works Committee is scheduled for October 15, 2012 at 3:30 p.m.
D. Finance
Chair Partridge reported the Finance Committee met this evening at 5:30.
The Committee reviewed claims vouchers totaling approximately $2.9
million and payroll vouchers totaling approximately $1.6 million and
discussed cemetery expenses. Chair Partridge noted that one of the claims
vouchers included payment for a rebate offered by the City's water utility for
customers who purchase high efficiency toilets. The Committee also
reviewed Resolution No. 4857 approving a contract with the Auburn Food
Bank relating to the Auburn Cares Program, Resolution No. 4860 relating to
surplus property, Resolution No. 4864 relating to the Council's opposition to
the siting of King County Solid Waste Transfer Stations in Auburn, the Iron
Horse Casino and gambling taxes, Resolution No. 4861 approving a
contract with Century West Engineering related the update of the Airport
Master Plan, and Resolution No. 4862 accepting a grant from the
Department of Transportation for the Citywide Traffic Signal Safety
Improvements, and the Auburn Avenue Theater. The next regular meeting
of the Finance Committee is scheduled for October 15, 2012 at 5:30 p.m.
E. Les Gove Community Campus
Chair Wagner reported the Les Gove Community Campus Committee
met September 26, 2012. The Committee discussed a potential better
visual connection of the community center with the other buildings on the
campus by re-orienting the building on its site. The Committee
Page 3 of 8
CA.B Page 57 of 907
also discussed possible modifications to the design to more easily expand
the building in the future, and traffic circulation in the campus area. The
next regular meeting of the Les Gove Community Campus Committee is
scheduled for October 24, 2012.
F. Council Operations Committee
Deputy Mayor Backus reported the Council Operations Committee met this
evening at 5:00. The Committee discussed guidelines for Councilmembers'
implied or direct endorsement of entities that do business with the City,
frequency of Council Committee of the Whole meetings, and status of the
junior city council concept. The next regular meeting of the Council
Operations Committee is scheduled for November 5, 2012.
IV. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to
be routine and will be enacted by one motion in the form listed.
A. Minutes of the September 13, 2012 Special Meeting
B. Minutes of the September 17, 2012 Regular Meeting
C. Minutes of the September 19, 2012 Special Meeting
D. Claims Vouchers (Partridge/Coleman)
Claims check numbers 417031 through 417414 in the amount of
$2,940,907.94 and dated October 1, 2012.
E. Payroll Vouchers (Partridge/Coleman)
Payroll check numbers 533226 through 533269 in the amount of
$277,449.58 and electronic deposit transmissions in the amount of
$1,289,539.52 for a grand total of $1,566,989.10 for the period September
13, 2012 to September 26, 2012.
Deputy Mayor Backus moved and Councilmember Wagner seconded to
approve the Consent Agenda as revised.
The Consent Agenda includes minutes, claims vouchers and payroll
vouchers.
MOTION CARRIED UNANIMOUSLY. 7-0
V. UNFINISHED BUSINESS
There was no unfinished business.
VI. NEW BUSINESS
There was no new business.
VII. RESOLUTIONS
A. Resolution No. 4857 (Partridge/Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute a contract with the Auburn
Page 4 of 8
CA.B Page 58 of 907
Food Bank
Councilmember Partridge moved and Councilmember Holman seconded to
adopt Resolution No. 4857.
The Resolution authorizes a contract with the Auburn Food Bank that allows
the transfer of donated funds in the Auburn Cares Program to the Auburn
Food Bank for dissemination to those in need.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Resolution No. 4859 (Backus/Faber)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to enter into a contract with Michael
McLaughlin to design, fabricate, and install a public art piece into the design
of the new Lea Hill Park
Deputy Mayor Backus moved and Councilmember Partridge seconded to
adopt Resolution No. 4859.
The Resolution authorizes a contract for art work that will be constructed in
the new Lea Hill Park.
MOTION CARRIED UNANIMOUSLY. 7-0
C. Resolution No. 4860 (Partridge/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington declaring
certain items of property as surplus and authorizing their disposal
Councilmember Partridge moved and Councilmember Holman seconded to
adopt Resolution No. 4860.
MOTION CARRIED UNANIMOUSLY. 7-0
D. Resolution No. 4861 (Peloza/Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute a contract with Century West Engineering
Corporation for consulting services
Councilmember Peloza moved and Councilmember Osborne seconded to
adopt Resolution No. 4861.
The Resolution authorizes a consulting services agreement with Century
West Engineering for work related to the Airport Master Plan update.
MOTION CARRIED UNANIMOUSLY. 7-0
E. Resolution No. 4862 (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute a Local Agency Agreement between the
City of Auburn and the Washington State Department of Transportation
relating to the Citywide Traffic Signal Safety Improvements
Councilmember Wagner moved and Councilmember Peloza seconded to
Page 5 of 8
CA.B Page 59 of 907
adopt Resolution No. 4862.
The Resolution authorizes the acceptance of a grant from the Department of
Transportation for traffic signal safety improvements. The improvements will
include the addition of flashing yellow left turn arrows.
MOTION CARRIED UNANIMOUSLY. 7-0
F. Resolution No. 4864
A Resolution of the City Council of the City of Auburn, Washington,
expressing the opposition of the Auburn City Council to the placement of
King County Solid Waste Disposal Transfer sites at 1380 C Street
Northwest and 901 C Street Southwest in Auburn, Washington
Deputy Mayor Backus moved and Councilmember Wagner seconded to
adopt Resolution No. 4864.
The Resolution expresses the Council's opposition to the siting of King
County Solid Waste Transfer Station facilities at 1380 C Street NW and 901
C Street SW in Auburn.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. REPORTS
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on federal, state, regional and local
organizations.
A. From the Council
Deputy Mayor Backus reported on her attendance at King County
Councilmember Peter von Reichbauer's Good Eggs Breakfast, the
Enterprise Seattle meeting, a Les Gove West neighborhood meeting, a 5K
International China Concern "Walk the Wall" to benefit disabled and
abandoned children in China, the Innovation Partnership Zone (IPZ) kickoff
at Parametrix, Council budget session four, and an Auburn Food Bank
fundraiser.
Councilmember Wagner reported on his attendance at the IPZ kickoff at
Parametrix corporate headquarters located in Auburn and the King County
Solid Waste informational meeting held at the Auburn Senior Center
where potential sites for solid waste transfer stations in Auburn were
discussed.
Councilmember Wales reported on her participation in the Sounder train's
first run on its new Lakewood extension and attendance at the Puyallup
River Watershed Council meeting.
Councilmember Peloza reported that the fourth season of the Auburn
International Farmers Market ended September 23, 2012. The Market had
a twenty percent increase in shoppers and the vendors made nearly
$150,000, a thirteen percent increase over last year. He encouraged
Page 6 of 8
CA.B Page 60 of 907
anyone interested in the market to attend the Market Board meeting on
October 26, 2012, at the City Hall Annex, where the Board will discuss the
past season and make plans for the upcoming fifth season. Councilmember
Peloza reported on his attendance at National League of Cities Energy,
Environment and Natural Resources Committee meeting in North Little
Rock, Arkansas, where the Committee adopted a resolution supporting
regulation of hydraulic underground fracking for oil and natural gas to
protect municipal water supplies. Councilmember Peloza also reported on
his attendance at the Suburban Cities Association networking meeting, a
tour of the West Hill lake and park property, King County Councilmember
Peter von Reichbauer's Good Eggs Breakfast, the Association of
Washington Cities candidates forum, a King County Water Pollution
Abatement Advisory Committee meeting, the King County Solid Waste
Division open house at the Auburn Senior Center, the Boy Scout Troop 401
flagpole dedication at Auburn Wilderness Park, and the South County Area
Transportation Board meeting.
Councilmember Osborne reported on his attendance at the Association of
Washington Cities candidates forum, the Suburban Cities Association
network dinner, and a ribbon cutting ceremony for the Muckleshoot Elder
Complex.
Councilmember Partridge reported on his attendance at the Chamber of
Commerce Partnership Luncheon at Emerald Downs, King County
Councilmember Peter von Reichbauer's Good Eggs Breakfast, the
Suburban Cities Association dinner, and the Auburn Food Bank fundraiser.
Councilmember Partridge also stated that he chaperoned Miss Washington
2012 at the Auburn Noon Lions Club, met with the president of the Auburn
Valley Humane Society, and attended the Regional Law, Safety and Justice
Committee meeting. Councilmember Partridge also reported on his
attendance at the National League of Cities Public Safety and Crime
Prevention Committee meeting where discussion topics included a national
policy for EMT's and the public safety broadband network.
B. From the Mayor
Mayor Lewis reported on his attendance at King County Councilmember
Peter von Reichbauer's Good Eggs breakfast, the Association of
Washington Cities candidates forum, the Suburban Cities Association
meeting, Les Gove West neighborhood meeting, a meeting with the new
Auburn Postmaster, a meeting among the cities of the Lake and Cascade
Water Alliance, the Auburn Valley Creative Arts gallery open house, the
South King County Area Latino Family Health and Safety Fair, a meeting
with Auburn School District Superintendent Kip Herren, the IPZ kickoff, the
Puget Sound Regional Council Executive Board meeting, the Valley Cities
meeting, the Auburn Boy Scout Troop 401 flagpole dedication at Auburn
Wilderness Park, the Sister Cities meeting, and the Domestic Violence
Prevention and Awareness ceremony.
IX. EXECUTIVE SESSION
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CA.B Page 61 of 907
At 8:50 p.m., Mayor Lewis recessed the meeting for approximately ten minutes in
order to discuss pending/potential litigation pursuant to RCW 42.30.110(1)(i).
City Attorney Heid and Human Resources and Risk Management Director
Heineman were required for the executive session.
Mayor Lewis reconvened the meeting at 8:58 p.m.
Deputy Mayor Backus moved and Councilmember Wagner seconded to approve
the separation and release agreement with Gregory Bockh.
MOTION CARRIED UNANIMOUSLY. 7-0
X. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned
at 8:59 p.m.
APPROVED the 15th day of October, 2012.
______________________________ _____________________________
Peter B. Lewis, Mayor Danielle Daskam, City Clerk
Page 8 of 8
CA.B Page 62 of 907
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
October 9, 2012
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:October 15, 2012 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 63 of 907
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
October 9, 2012
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:October 15, 2012 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 64 of 907
AGENDA BILL APPROVAL FORM
Agenda Subject:
Call for Public Hearing 2013-2014 Preliminary Biennial
Budget
Date:
October 8, 2012
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to conduct a public hearing on November 19, 2012 to receive public
comments, proposals and suggestions on the 2013-2014 Preliminary Biennial Budget.
Background Summary:
This is the second public hearing held on the preliminary 2013-2014 Biennial Budget.
This provides an opportunity for any citizens to make comments or suggestions prior to
final adoption of the budget.
Reviewed by Council Committees:
Finance
Councilmember:Partridge Staff:Coleman
Meeting Date:October 15, 2012 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 65 of 907
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP0817
Date:
October 10, 2012
Department:
Public Works
Attachments:
Budget Status Sheet
CP0817 Final Pay
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 14 to Contract No. 10-15 in the amount of
$18,752.58 and accept construction of Project No. CP0817, 2009 Sewer and Storm Station
Replacement Phase B Ellingson Sewer Station.
Background Summary:
This project replaced or retrofitted one storm and two sewer pump stations that were at the end
of their service lives. The project was phased to allow for separate construction contracts:
Phase A: Dogwood Sewer Station Replacement (Construction 2010 - 2011)
Phase B: Ellingson Sewer Station Replacement (Construction 2010 - 2012)
Phase C: White River Storm Station Retrofit (Construction 2010 - 2012)
This Phase B construction contract included decommissioning the existing Ellingson Sewer
Station and replacing it with a new station that meets current standards. The new station
includes measures to reduce maintenance costs and improve safety including a backup
generator, maintenance vehicle parking, SCADA telemetry, safety fencing and bollards, and an
improved underground pump room and stairwell.
A project budget contingency of $107,388 remains in the 431 Sewer Fund.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:October 15, 2012 Item Number:CA.F
AUBURN * MORE THAN YOU IMAGINEDCA.F Page 66 of 907
Project No: CP0817 Project Title:
Project Manager: Leah Dunsdon
Consultant Agreement
Initiation Date:12/15/2008 Permision to Advertise
Advertisement Date: 10/12/2010 Contract Award
Award Date: 11/3/10 Change Order #2
Contract Final Acceptance
Funding Prior20122013Future YearsTotal
431 Fund - Sewer and Storm Pump Station Replacement 1,210,744 1,210,744
Bond Proceeds (431 Sewer)2,640,569 315,000 2,955,569
Total3,851,313 315,000 00 4,166,313
Activity Prior20122013Future Years Total
Subtotal Dogwood Sewer Lift Station Costs1,210,744 1,210,744
Ellingson Sewer Lift Station Costs
Design Engineering - City Costs29,078 29,078
Design Engineering - Consultant Costs513,441 513,441
Property Acquisition - PSE Easement 40,565 40,565
BUDGET STATUS SHEET
2009 Sewer and Storm Replacement Project -Phases A and B -
Dogwood and Ellingson Sewer Stations
Date: October 8, 2012
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed) - Ellingson Station, Phase B
Property Acquisition - PSE Easement 40,565 40,565
Construction Contract Bid 1,714,258130,114 1,844,372
Change Order #1 - Dewatering 97,073 97,073
Change Order #2 - Intrusion/Alarm/Generator 10,737 10,737
Line Item Changes (5,634)(5,634)
SCADA Upgrades 4,35915,000 19,359
Construction Engineering - City Costs78,00325,000 103,003
Construction Engineering - Consultant Costs163,79232,395 196,187
Subtotal Ellingson Sewer Lift Station Costs2,640,569207,612002,848,181
Total3,851,313207,612004,058,925
Prior2012 2013 Future Years Total
*431 Funds Budgeted ( )(3,851,313)(315,000)00(4,166,313)
431 Funds Needed 3,851,313207,612004,058,925
* 431 Fund Project Contingency ( )(0)(107,388)00(107,388)
431 Funds Required 00000
* ( # ) in the Budget Status Sections indicates Money the City has available.
431 Sewer Budget Status
H:\PROJ\CP0817 The Sewer and Storm Pump Station Replacement\Budget\CP0817 - Budget Status Sheet.xls
1 of 1CA.F Page 67 of 907
CITY OF AUBURN CO.,No.10-15
CP0817B Phase B-Ellingson Sewer Pump Station
PAY ESTIMATE$14&FINAL SCHEDULE A: Sanitary Sewer.Utility improvements
ITEM;ESTIMATE TOTAL PERIOD UNIT
UNRCOST TOTAL COST 'PERIOD COST PERCENT ESTNO. REM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE QTY.1 Minot Chan es 1 1. 0 JAI, 4,419.00 E 122%
2 Utility Potholi 7 0 50.00 $ 1,7 E 100%3 Mobilaatlon 1 1 0 12 , 0 124,S 100%4 Construction Sde S" ns 1 o 250.0 E 100%
5 Traffic ComrolLahor 500 288. o 58%
8 - Cleari and Gmb ' 1 o A .00 1,500. E 100%7 Removal of StruUtrtes and Obstructions 1 t 0 35 0. E 100%e Removal of Concrete or It Pavement 1 970 1887 0 0.50 E 96%
9 Decommission Sanity Sewer 1 0 00 E 100%
to Short or Ewa Excavation Gass B 4800 0 60 E 73%
Crushed Surfa " To Course 1 420 2 0 2200 E a , .74 'E 153%12 CmBhed Surfed 'Base Course 80 1 3.03 0 00 486. E 141%
13 HMA ClasB 100 5 0 75 E 107%
14 HMA Class E 200 7 5 0 98.00 7,497.00 $ 38%
16 Planina Bituminous Pavement 430 ---4-67-. 0 SY 10.00 4, 4. E 95%1s 8§Rhalt Cold Patch Mix 25 18.4a 0 Ton 120.00 2,21 . E 74%
17 Manhole TVpe 1 721n.Dia. 1 1 o EA 7,000.00 $ 7,00 . E 100%
18 Manhole jypq 1 541n.Dia. 1 1 o EA iuluuu.uu $ 10,000.00 $ 100%
19 Modification of Eldstin nitafy Sewer 2 2 0 EA 00.00 3,600. $ 100%
20 Pie Foundation Material 60 18.4 0 Ton 20.00 00 E 31%
21 Controlled Dense Fdl C 60 3 o-Cy 1 .00 4,29 . E 85%
22 Water Sewloe Connection with 314 In.Meter 1 1 o FA 2,5DO.00 T---2-,-5()O-GT $ 108%
23 Slid Wall PoWinyl Chloride PVC Sewer 70 69 29 70.00 4,55 .W $ 2,030.00 93%
24 Solid Wall Po Chloride PVC Sewer 31 1 0 LF 60.00 $ 0.00 S 100%25 Solid Wall Polyvirnrl Chloride PVC Sewer 40 39 0 LF 2-,f4-5.W s 98%
26 Ductile iron Sewer Pipe 12 In.,Dam Speciat 105 a LF 5. s 120.00 94
Temporary 1 o LS
1
27 25,0000 100%
6 In.Diem.PVC Side Sewer with 6 tn.Diem.
28 PVC Cleanout 15 22 o LF 90.00 $ 1,980.00 $ 147%
29 Sanftq Sewer Pump Sta80 IefE 1 1.000 a.0032 LS 0, AO E 4,000.00 100%
30 Force Main Interconnection Complete 1 1 8 59,999. $ 100%
31 Hydroseedlim wdh Bonded Fiber Matr9t 700 5 9 0 BY 2.75 1,42725 E 74%
32 : Temporary Water PogutionlErosion Control 1 1.060 o ,Ad', 2,500.00 700. $ 108%
39 PSIPE Sword Fem 46 46 0 FJ1 1, 1200 E 100%
34 PSIPE Arctic Fire Doamod 17 117 0 765.00 E 100%
35 Topsoil Type A 120 o-Cy 5.00 4,2110. E 100%
38 Dewy m 140 150 0 LF 11,250. $ 107%
37 Raised Pavement Marker TYpe 2 5o 5 o EA 500. s 100%
38 .1 6 FL Tell Black Coated Chain Link Fence 200 192 0 L 0 14 5,376.30T-j-
Coated38Sinle4'Ft.Wide Black Coated Chain Link 2 0 700.001 $ 1,400.00 -$ 100%
0 SI le 10 FL Wide Black Coated Chain Link 2 2 0 EA 00 1,800. $ 100°,6
it
SCHEDULESUBTOTAL $ 7,320.00
Period Dates
Begin: May 21,2012
End: Sept19,2012
h:pro11pe1CP0817B PE--ds 1 or 4 92712012 et 2:14 PM
CA.F Page 68 of 907
CITY OF AUBURN CO.NO.10-15
CP0817B Phase B-EMrgson Sewer Pump Station
PAY ESTIMATE 014&FINAL SCHEDULE A: San'dary Sewer Utility Improvements
ITEM ESTIMATE TOTAL PERIOD UNIT UNIT COST TOTAL COST PERIOD COST( PERCENTEST.NO.. ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE41PairdUne520520LF 7 $
QTY.
100%42 Plaslk TlalficArrow 1 1 0 EA 00 100%43 , Plastic Bus Lane Marker 1 1 0 EA 225.00 T 225. $ 100%44 bollard-Type 2 3 1 0 00 3 $ 33%Cal.
Addition
Deduct B Minor Cha s 0 0
atC al Dewated 1 1 LS 93651.00 $ '93651.00 $ t00%Intrusion/Alam Generator Modifications
00.21
Complete 1 1 1 LS 9,805.64 $ 9,805.64 $ 9,E0.5.&1 100%
SCHEDULE TOTAL $ 17,125.64
Period Dates
Begin: May 21,2012
End: Sept 19,2012
h:lpro11pMCP08178 PE,ft 2014 9127rz012 a12:14 PMCA.F Page 69 of 907
CO.NO.10-16. CITY OF AUBURN CP0817B,Ellingson Sewer Pump StationPhaseB-Ellingson Sewer Pump Station PROJECT SUMMARY CO.NO.10-15
PAY ESTIMATE#14&FINAL
Original Contract Contract Change
SCHEDULE A
Amount Orders Total Payment This Period Percent/Contract
Sanitary Sewer Utility Improvements
Contract 1,684,357:00 $98,456.64 $1,777,669.36 $ 17125.64 100%
Sales Tax(+9.5%) $ 160,013:92 $ 9,353.38 $ 168,878.59 $ 1,626.94
Bond In Lieu of
Retainage
SCHEDULETOTAL $ 1,844,370.92 $ 107,810.02 $1,946;547.95 $ 18,752.58
TOTAL CONTRACT AMOUNT TO DATE(including Sales Tax)1,946,547.95
TOTAL PAYMENT TO CONTRACTOR 1,946,547.95 $ 18,752.58
PAYMENT DUE CONTRACTOR: 18,752.58
nod Dates
Begin: May 21,2012
End: Sept 19,2012
h:lpMjApelCP0817B PEAS 3 of 4 9272012 at 217 PM
CA.F Page 70 of 907
CITY OF AUBURN CO. NO. 10-15
CP0817B
PAY ESTIMATE#14&FINAL
CONTRACTOR:
Rodarte Construction, Inc.
PO Box 1875
Auburn, WA 98071
Phone: 253-939-0532
The undersigned has reviewed and approved this final pay estimate. I agree that it is a true and correct statement
showing all monies due me from the City of Auburn under this contract; that I have carefully examined the final pay estimate
estimate and understand it and that I hereby release the City of Auburn from any and all claims of whatsoever
nature which 1 may have, arising out of this contract,which are not set forth in:this estimate.
PAYMENT DUE TO CONTRACTOR= 18,752.58
Signatures:
Contractor Date 1 0 z [t t
Inspector y (. , Date
Project Manager Date 1171 1 1 1 a
City Engineer Date
hAprcNe\CP08178 PE.xls 4 of 4 9/27/2012 at 225 PM
CA.F Page 71 of 907
CA.F Page 72 of 907
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP0909
Date:
October 9, 2012
Department:
Public Works
Attachments:
Budget Status Sheet
CP0909 Summry and Map
Budget Impact:
$0
Administrative Recommendation:
City Council award Contract No. 12-02, to Rodarte Contruction, Inc. on their low bid of
$2,030,593.50 plus Washington State sales tax of $192,906.38 for a total contract price
of $2,223,499.88 for Project No. CP0909 Academy Booster Pump Station.
Background Summary:
The purpose of the Academy Booster Pump Station project is to construct a new water
booster pump station in the Academy Water Service Area in order to meet fire flow
demands and to provide adequate domestic water service, as identified in the 2001
Comprehensive Water Plan and the 2009 Comprehensive Water Plan. The new
Academy Booster Pump Station will provide approximately 300 gpm domestic supply,
2,500 gpm fire flow supply, and will include emergency power. Work also includes the
decommissioning of the existing Janssen's Addition Pump Station.
Project construction is anticipated to begin in November 2012 and be completed by
December 2013.
A project budget contingency of $357,960 remains in the Water 430 fund.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:October 15, 2012 Item Number:CA.G
AUBURN * MORE THAN YOU IMAGINEDCA.G Page 73 of 907
Project No: CP0909 Project Title:
Project Manager: Ryan L Vondrak
Project Update
Initiation Date: August 3, 2009 Permision to Advertise
Advertisement Date: September 13, 2012 Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 2010 2011 2012 Total
Bond Proceeds - 430 Fund (Water)241,031 258,969 500,000
Water - 430 Fund 72,805 2,953,450 3,026,255
Total 0 241,031 331,774 2,953,450 3,526,255
Activity Prior Years 2010 2011 2012 Total
Design Engineering - City Costs 27,935 19,770 22,765 70,470
Design Engineering - Consultant Costs 213,096 311,954 105,350 630,400
Construction Contract Bid 2,223,500 2,223,500
Authorized Contingency (5%)111,175 111,175
Construction Engineering - City Costs 50 65,000 65,050
Const Engineering - Consultant Costs (Carollo)52,700 52,700
Const Engineering - Consult Costs (Special Inspect)15,000 15,000
Total 0 241,031 331,774 2,595,490 3,168,295
Prior Years 2010 2011 2012 Total
*430 Funds Budgeted ( )0 (241,031)(258,969)0 (500,000)
430 Funds Needed 0 241,031 258,969 0 500,000
*430 Fund Project Contingency ( )0 (0)0 0 (0)
430 Funds Required 0 0 0 0 0
Prior Years 2010 2011 2012 Total
*430 Funds Budgeted ( )0 0 (72,805)(2,953,450)(3,026,255)
430 Funds Needed 0 0 72,805 2,595,490 2,668,295
*430 Fund Project Contingency ( )0 0 0 (357,960)(357,960)
430 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
430 Water Budget Status
430 Water Budget Status (Bond Proceeds)
BUDGET STATUS SHEET
Academy Booster Pump Station Imp
Date: October 8, 2012
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
CA.G Page 74 of 907
BID TABULATION
BID TOTALS SUMMARY
Project Name, CP0909, Academy Booster Pump Station Improvements, Contract 12-02
Prepared by City of Auburn
Bid Date 1014/12
ENGINEER'S ESTIMATE: 2,236,180.00
AVERAGE BASIC BID AMOUNT $ 2,188,885 02
BASIC BID SPREAD AMOUNT $ 390,076 50 Basic BID Amount Spread$ Spread %
LOW BIDDER: Rodarte Construction, Inc 2,030,593.50 205,586.50 9.19%
Second Bidder Pease& Sons 2,104,098 66 132,081 34 591%
Basic BID(Tax not Included) Total BID (Tax Included)
Rodarte Construction, Inc $ 2,030,593.50 2,223,499 88
Pease& Sons 2,104,098.66 2.393,988 03
McClure&Sons, Inc 2,160,407.00 2,365,645 67 "
Johansen Excavaling, Inc $ 2,160,827.25 2,366,105 84
Derian, Inc 2,164,315.50 2,369,925.47
Rotschy, Inc 2,168,807 00 2,374,843 67
1&E Construction, Inc 2,301,361.25 2,519,990 57
Ceccanti, Inc 2,420,670 00 S 2,650,633.65
10/4/2012(4 52 PM)
h\proj\bid1abslCP09096T Academy xis 7
CA.G Page 75 of 907
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Not to Scale
CA.G Page 76 of 907
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP0916
Date:
October 2, 2012
Department:
Public Works
Attachments:
Budget Status Sheet
CP0916
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee recommend City Council approve Final Pay Estimate No. 10 to
Contract No. 11-11 in the amount of $6,792.50 and accept construction of Project No.
CP0916, West Valley Highway Improvements.
Background Summary:
The West Valley Highway Improvement Project re-constructed and widened West Valley
Highway between West Main Street and the SR18 eastbound off-ramp. The improved
roadway includes a sidewalk, bicycle lanes, lighting, center landscaped median, and low
impact development (LID) drainage features such as pervious sidewalks, bio-retention
swales, and compost amended vegetated filter strips (CAVFS). The project improved
drainage to allow hillside runoff to drain through an improved conveyance system and
prevent water from damaging the roadway. The existing traffic signal at the intersection
of West Valley Highway and West Main Street was replaced and the intersection
widened to improve turning movements.
Due to the condition of the existing pavement on West Main Street where the
channelization and loop installation was to occur, approximately 380 lineal feet of the
West Main Street pavement was reconstructed as part of Change Order No. 3. Change
Order No. 3 was not eligible for TIB grant reimbursement because it extended beyond
the State Transportation Improvement Board's (TIB's) project limits.
The total project cost is $3,827,511. The total project budget is $4,099,360. A project
contingency of $248,862 remains in the 102 Arterial Street Fund and $22,987 remains in
the 105 Arterial Preservation Fund.
Reviewed by Council Committees:
Public Works
AUBURN * MORE THAN YOU IMAGINEDCA.H Page 77 of 907
Councilmember:Wagner Staff:Dowdy
Meeting Date:October 15, 2012 Item Number:CA.H
AUBURN * MORE THAN YOU IMAGINEDCA.H Page 78 of 907
Project No: CP0916
Project Manager: Leah Dunsdon Date: September 21, 2012
Consultant Agreement
Initiation Date: January 17, 2008 Permision to Advertise
Advertisement Date: July 5, 2011 Contract Award
Award Date: August 1, 2011 Change Order Approval
Contract Final Acceptance
Funding
Prior Years
(Actual)2011 (Actual)2012
Future
Years Total
102 Fund - Unrestricted Street Revenue 55,0005,00060,000
102 Fund - TIB Grant** 175,8181,489,382680,4502,345,650
102 Fund - Traffic Impact Fees 384,880170,120555,000
102 Fund - from REET2 33,50261,498 95,000
105 Fund - Arterial Preservation Fund (Budget
Amendment No. 8)160,000160,000
124 Fund - Traffic Mitigation Fund83,710 83,710
432 Fund - Storm Utility Fund 800,000 800,000
Total293,0302,790,7601,015,57004,099,360
Activity
Prior Years
(Actual)2011 (Actual)2012
Future
Years Total
Design Engineering (Consultant)261,320312,404 573,724
Design Engineering (City)31,71037,376 69,086
Right of Way 1,760 1,760
Construction Contract Bid 2,311,047488,8012,799,848
Change Order No. 1 - Road Closure (no cost)0
Change Order No. 2 - Storm / Erosion Control 4,5674,567
Change Order No. 3 - West Main Pavement 137,013137,013
Line Item Changes (23,041)(23,041)
Construction Survey and Engineering (Consultant)65,38581,380146,765
Construction Engineering (City)62,788 55,000 117,788
BUDGET STATUS SHEET
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Costs (Funds Needed)
Construction Engineering (City)62,788 55,000 117,788
Total293,0302,790,760743,72103,827,511
Prior Years
(Actual)2011 (Actual)2012
Future
Years Total
*102 Funds Budgeted ( )(209,320)(1,990,760)(855,570)0(3,055,650)
102 Funds Needed 209,3201,990,760606,70802,806,788
*102 Fund Project Contingency ( )00(248,862)0(248,862)
102 Funds Required 00000
Prior Years
(Actual)2011 (Actual)2012
Future
Years Total
*105 Funds Budgeted ( )00(160,000)0(160,000)
105 Funds Needed 00137,0130137,013
*105 Fund Project Contingency ( )00(22,987)0(22,987)
105 Funds Required 00000
Prior Years
(Actual)2011 (Actual)2012
Future
Years Total
*124 Funds Budgeted ( )(83,710)000(83,710)
124 Funds Needed 83,71000083,710
*124 Fund Project Contingency ( )00000
124 Funds Required 00000
Prior Years
(Actual)2011 (Actual)2012
Future
Years Total
*432 Funds Budgeted ( )0(800,000)00(800,000)
432 Funds Needed 0800,00000800,000
*432 Fund Project Contingency ( )00000
432 Funds Required 00000
* ( # ) in the Budget Status Sections indicates Money the City has available.
** TIB Grant requires 40% matching funds, provided by the City.
124 Traffic Mitigation Funds Budget Status
432 Storm Budget Status
102 Arterial Street Budget Status
105 Arterial Preservation Budget Status
H:\PROJ\CP0916 West Valley Hwy Imprvmnts\Budget\WVH-BudgetStatusSheet.xls
9/21/2012 11:34 AM 1 of 1CA.H Page 79 of 907
CITY OF AUBURN CO. NO 11-11
CP0916 West Valley Highway Improvements
PAY ESTIMATE#10&FINAL SCHEDULE A: Street and Storm Utility Improvements
ITEM I ESTIMATE TOTAL PERIOD ! UNIT PERCENT EST
NO. ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE
UNIT COST TOTAL COST PERIOD COST
QTY
1 I14inor Changes _ 0.954 0.113 Eq Adj 50000.00 47,719.87 ! $ 5,650.00 95%
2 1SPCC Plan __ _ 1 1 ... LS 1500.00 $ 1,5110.00. $_ _ - 100%
3 _i UWily PotlroNng 10 9 _ EA _ 400.00 $ 3,600.00 $ _90%
4 tt,Mobif¢ation 1 1 LS 325285.00 $ 325,265.00 $ 100%
5 ICOrisbuction Site Sign(s) 2 2 _-- EA 700.00 S _ 1,400.00 $ 100%
6 Traffic Control Supervisor 1 1 000 LS 15000.00 3 _ 15,002.74 $ 100%
7 Traffic Control Labor(Min Bid$34.00 per hour) 2100 1715 HR 50.00 S _ 85,750.00 $ 82%
8 Construction Signs Class A 550 426 75 SF_ 18.00 S 7,68150 $ 78%
9 Portable Changeable Message Sign 240 254 DAY 120.00 $30,480-00 ;$ 1_06%
10 Outside Agency Uniformed Police Flagging Labs 1 _ ._ 0
I
Eq Ad)5000.00 ,$ _-_$ 0%
11 Sequential Anow Sign- 160 159 DAY 80100 $12 72000 1 $ _ _ - 99%
12 Clearing and Grubbing 1 -i LS 40985A0-$4 0 965 00
I $
100%
13 (Roadside Cleanup 1 1 LS 10000.00 $ _1000000 $ 100°.6
14- 1 Removal_of Structuresand Obslructlons 1 I 1_ LS - 15650.00S 15650.00 , 8 100%
15 Removal of Existing Water Main 20 20 LF 50.00 S 1,000.001 S 100%
r_
Pipe18 -'Controlled Density Fi0(CDF7 for Filling Pipe 30 B CY _ 300.00 S _ - 1,800 00 .
s17RoadwayExcavationInG.Haul --- - 12000 --- 12545 CY_ 22.00,S _ 275 990.005 105%
18 jUri=le foundation Excavation Incl Haul 100 528.72, CY 25.00 S 13,218.00 529%
19 LG-ravel Borrow Ind.Haul I 11000 - 672 TON 16.00 S 107,545.12 ' $ 81%
20 ;Cannon Borrow lnd Haw- 350' 350 33.1 S68
t
TON ' 18.00 5,306.88 1 $ RS%
2ijDilch Excavation Ind.Haul _ 500 _) 323 CY 30.00 $ 9690.001$ 65%
22 ISUbgrade Preparation -- -5000 _ _5000 1 Sy 200 S 10000.00 1 $
23 1_Shomg or Extra Excavation Class B i 9850 _ - 9650 SF 070 $ _ 6755-001 $10096 j
24 Construction Geotextle for Underground Drainage 140 _ - 1200 SY 700 $ 8.400.00 j $ 857%1-
25 IConstmceon Geotext tq Soil Stabilization -2600 I 2000 - I ST- 70 E _ 3 4.OTS 77%
28 'Gaomembrane Liner T 1660 1680 13,104.00*0 100%
27 Stone Column Ground Improvement_ 1 12620 8591 22 78 $ _195,531 16 $ 69%
28 Foundal'ron Material Class A 280 703.04 TON 25.00 $ - 17,57W 251%
29 Cm Insd Surfacing Base Course 2025 - 2618.55 TON 18.00 S 47,133.90 $100%
30 HMA CI 721n PG 84-22 _3000 -1494.65 _ TON 75.00 $ 112 098 75 S - 50%
31 HMA Cl I In PG 64-22 800 1842.24 _ _ TON 76.00 $ 140 01102411-$ 230%
32 FAsphaGo Cold Patch _ 100 l 93.51 __TON 110.00 $10 288 10 $ _ I 94%
33 Commerdal HMA 50 21124 TON 120 00 $ -25-,348.80 $ 4220A
34 iPlaning Bituminous Pavement 4850 510_4 94 SY _ 470 $23 993.22 $ 105%
35 SEW Retaining Wall 750 750 SF 30.00 $22 500.00 $ 100%
36 Pertorated PVC Underdrain Pipe-8 In.Dram 100 100 V 4000.06 106;
37 IPertorated Corrugated Polyethylene Underdram Pipe, 1083 j 1083 _ LF 38.00+ $ _41 154.00 1 $ 100%
38Gravel Backfill for Oraln 1550 1_849 11 TON _25.00 S 45,227 75, $_ 119%
39 _Ductile Iron Culvert PQe,Class 52 24 In Diam 62 621 LF 125.001 S _ 7,750.00 ; $ 100%
40 jSo1M Wall Polyvinyl Chloride(PVC)Storm Sewer P - 1 1281 LF 39.00 S 4,992.00 1 $ 100%
SCHEDULE TOTAL $ 5,650.00
Period Dates
Begin Aug 21,2012
End: Sept.20,2012
h tprot'1pe\CP0916 PE.xIs 1 of 6 9208012 at 922 AM
CA.H Page 80 of 907
CITY OF AUBURN CO NO. 11-11
CP0916 West Valley Highway Improvements
PAY ESTIMATE#10&FINAL SCHEDULE A' Street and Storm Utility Improvements
ITEM ESTIMATE TOTAL : PERIOD UNIT PERCENT EST
NO. (ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE
UNIT COST TOTAL COST PERIOD COST
QTY
41 Solid Wall Polyvinyl Chloride(PVC)Storm Sewer P 180 1801 LF 70.00 $12,600.00 $ 100%
42 ;Solid Wae PolytinyI Chloride(PVC)Storm Sewer P'198 1981. _ LF 85.001 $ - 16,830 00 $ 100%
43 ,Storm Sewer Television Inspection 506 5079_ LF 3.501 $ __ 1,777.65 $
44 Catch Basin Type 1 8 91 FA 950.001 $ _ _ 8,550.00 $ 100%
45 1Catch Basin Type 2,48 In IXem 3 _ _ -_ _ 31 EA 9000.00 $1200000 $ 100%
46 (Adjust Catch Basin _ _ - 2 - - 4 EA 500.00 $ 200000 $ 200%
47 Adjust Manhole 2 5A_
FJ1 500.00 $ 2 50000 $ 250%
48 Remove Existing Catch Basm 6 6 EA 600.00.1 $ 360000- $ 100%
49 Connect Existing Frye to New Catch Basin 4 4 FA 80000; $ 320000 S 100%
50 Select Trench Badc5111 Imported Badtling 1390 1622.93:. TON 16.001 $ - 25,966.86 $ 117%
51 Imported Trench Badcf$I 1835 1258.99* TON 21 W, $ ---26,438.79 $ 69%
52 Controlled Density Fill(CDF)for Trench Backfill 50 16'- - -- CY 150.001 $ 2,400.00 $
53 Broretenlion Swale t _t LS 73579.001 S _73,579.00 $ 100%
54 Temporary Water PoButbNEroslon Control 0 67 0.47; Eq AcQ 45000,0013 21,253.20 $ 70%
55 (Permanent Erosion Control BWnket 1625 2100' SY 3.001 $ 6,300.00 $i 129%
56 Topsoil TypeA 586 516, CY 44.0013 22704.00 S 88%
57 Seedm ,Fertilidg rg,and Mulching 7465 4777 78 SY 1 10l $ 5,255.56
68 Wood Chip Mulch 43 16:_
LF
44.001 $ 704.00_
59 Sensitive Area Fence 270 285 LF _ - 12.001 $ 3,420.66
60 !PSIPE-Alnus mbralRed alder(1 Gal) 45 4-6. FA 11001' $ 49500 S j 100%
ij
61 PSIPE 6drbeds vermwlosa lWatty barberry(1 Ga0 250 250 EP. 11001 $ 275000 S 100% I
62 PSIPE-Carex athmstachya!Slander beak sedge(1 500 740 _ EA__ 7.30,$ 2,442.00 _$ _ - _ _ _ 148%
63 'PSIPE-Cistus ladaniferlCfimson spot rockmse_(IG 250 250: __ _ EA 11.001 $ 275000 __S l ___ 100%
64 ,PSIPE Juncuseffuses/Soft rush(10'Plug) 350 350 _ _-- EA 3.30 $ 115500 _$ 100%i
66 PSIPE Lavandula mtermedia Fred 6oulin'IFred bo 20 20 - -EA 19.00! $ 260.00 $ 100%
66 -'
PSIPE
PSIPEtrichcaPopuiusorpalBlack Cotlonwocd(I G 45 45 FA 1100; $$ 495.00 $100%
67 _ Pseudotsuga mensiesi Douglas fir(1 Gal)120 120' 1100; $ 1,320.00 $
1
100%
Gil -PSIPE--Rosa rugosa/Rugosa rose(1 Gail 20 20 EA 11 001 $ 220.00 $ 100%
69 PSIPE-Rhus aromatica'Low GroW/Fraglant sumac 225 689, FA 1100' $ 7
70 i PSIPE-Rubua parvi8orusrThimbleberry(1 Gal) 20 20;FA 11.00; $ 220.00
71 PSIPE-Sambucus racemosarRed elderberry(I Gal) 20 20 EA 17001 $ ___-- 220.00 $ 100•h 1
72 PSIPE-Symphoricarpos albuslSnowberty(1 Gap 20 20, FA 11.60, 3 220.00 $ I ___ _ 100%
73 !Seeding-Festuca rubra/Red fescue 3290 2744.45! SY 1101 $ 3,018.90 S 83%
74 'Lawn Sod 135 - -- _ 173.333. SY 10.001 S 1,733.33 S 128%
75 _;Cement Concrete Tm6b Curb and Gutter 3070 - 3277, LF_ 9.001 S _ 2949300 $ 107%
76__Curti Opening Inlet 8 8, EA _ _ 200.Wt S __ 1,600.00 $ 100%
77 Industdal-and Commercial Dme_w_ay Apron 25 31; SY _ 80.00$ 1,86(1.00 $ 124%
78 _ sed Pavement Marker Type 1 155 206' FA 2.001 $ 412.00 $ 733%
79 Ralsect t Marker Type 2 176 157, 400 $ 628.00 S 92%-t80 - jBeam Guardrail Type 1,6 FL Long Post i 630 830: I LF 24.00' $ - -19,920.00) $ 100%
SCHEDULE TOTAL $ 5,650.00
Period Dates
Begin Aug.21,2012
End- Sept 20,2012
In 1projlpe\CP0916 PE.xis 2 of 6 9!20/2012 at 922 AM
CA.H Page 81 of 907
CITY OF AUBURN CO. NO.11-11
CP0916 West Valley Highway Improvements
PAY ESTIMATE#10&FINAL SCHEDULE A Street and Storm Utility Improvements
ITEM ESTIMATE I TOTAL PERIOD UNIT PERCENT EST
NO. ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE
UNIT COST '; TOTAL COST PERIOD COST
CITY.
81 Beam Guardrail Flared Terminal 1 1 EA_1800.00; $ 1,800.00 $ _ 100%
82 Beam Guardrail Anchor Type 4 2 2 EA 900 00! S _ 1 80D 00 $ 100%
83_Monument Type 8(Modified) 4 4 _ EA 500.00 $ 2,000.00 $ 100%
04 jAdjust Monument 1 1 _ EA 500.00 $ 600.00 $ 100%
85 !Cement Concrete Sidewalk 75 125.61 __ SY 53.00 S 6,65739 $ 167%
86 I Pervious Cement Concrete Sidewalk - 750 723.88 SY 35.00 $25,335.80 $ ___ _ _ - 97%
87 Quarry Spalls 6 9 -. CY 100.001s 90000 $ _ 150%
88 Illumination System Complete 1 1000 LS 48W000 $47,999.83 $ 100%
89 WSOOT Signal Restoration 1 i 1 000 0.21 LS 750000 $ _ 7,500.60 $ 1,500.00;100%
90 Traffic Signal System Complete 1 1 000 i L8_ 216000.00 $ 216,036.99- $ 100%
Permanent Signing 1 !1 000 lS -9W0.00 $ 9,000.00 $ 100%
W Relocate Permanent Traffic Sign and Post 1 2 ---
r
EA 400.001$-- -- 800.001$ I 200%
93 Paint Line i.__ 3795_ .. _AIM _ LF 0.211 853.65 $ i_ 107%
94 Painted Wide Line 1 3080 3558 LF 025,$ 889.50 $ 116%
95 Plastic Wide Line 1 950 64'3 LF 2 31 $ 1,286.00 m$ _ - --- - - 68%
96 Plastic Crosswalk Line and Stop Bar(241n Wide) I 375 399 LF 5 3j $ 1 995.00 $ 106%
97 PlasPlastic Traffic Arrow 24 17 EA 6(100 $ 102000 1$ 71°.6
98 lasPtc Traf k;Letter 48 _ 32 FA 36.00; $ 1 152 00 i$ 67%
99 1 Painted Bicycle Lane Symbol 9 _ 9 FA 1 40.00 J. $ _ 360 6-0 $ 100%
100
Removing
Paint Line 1150_0 LF i 0.50.$_ 06A
101 Removing Plastic Line 160 _ 160 LF 0 75;$ 120 00_I$ 100%
102 (Temporary Pavement Markings r 1000 999.666 LF 150, $ __ -1.4-99.5050 1$ - - - 100%
103 Removable Wiard 3_6 EA 750 00 $ 4,500.00 1$ -200%.
CO-2 lReduce quantity on BI#54 -
CO-2-1_1Storm Clean-Up and Restorairon _ _1 0.91 EgAdj 5000.00 $ 4 567 49 77$ 91%
CO-3.1 Minor Changes 1 0.275245 EgAdj Dlnooj $ 1 376.24 1$28%k
CO-3-2 Mobilization 1 1 T-i 13600.o0l $13,600.00_ i
C033 Traffic Control Labor 1 240 0 4-HR 50.00! S 1 $ 0%
CO-3d Construction Signs Class A 30 0 _ _SF 18.001s i$ 0%CO-
CO-35 Portable Changeable Message Sign 88 - _ 40 l Day_ _ _ 120.00; $ - 4.800.001 $ 45%
60-3-6 Sequential Arrow Sign 20-' 0 Day 80001 $ 0%
CO-3.7 ,Roadway Excavation Ind 'I 750 750 __ _ CV 22.001 S 16,500 00 $ 100%i
CO-3.8 Unsuitable Foundation Excavation Intl Haul __ ? 65 430 - - -- y_ CY 25.00 S 10 750 00 $ 662%j
CO-3-9 Subgrade Preparation 1925 1925 SY 2.00 $ 3,850.00 1 $ I _ t00%
CO-3-10 Crushed Surfacing Base Course _ 650 1149.94 70N 18.001 S 20,698 92 $ 177%
CO-3-11 HMA Cl.M2 In PG 64-22
I
285 _ 221 35 i TON 79 751 S 17,652.661 $ 98%
CO-3-12 IMA CI 1 In PG 64-22 - - - - - ( 670 ; 586.29 TON , 80.17 $47.163.21 1$ - _88%
CO-3-13 AsphaB Cold Patch Mh _ - - 10 -- t -_- 111 TON NO.M $ 1221 $11%
CO-3-14 ust Catch Basin _.
I
2 - - .._. _ _ 1 EA 500.3 $ 5M.M i $ . .._ 50%
CO-3-16 Temporary Water PolutiWEroslon Control _._ 1 0 Eq.Adi 1500.001$ j - - - 0%
CO-3-16 Temporary Pavement Markings i 813 0 LF 1-501 $ is 0%
SCHEDULETOTAL S 7,150.3
Period Dales
Begin Aug 21,2012
End Sept 20,2012
h ipro11pe1CP0916 PEAS 3 of 6 9/2012012 a1922 AM
CA.H Page 82 of 907
CITY OF AUBURN CO NO. 11.11
CP0916 West Valley Highway Improvements
PAY ESTIMATE#108 FINAL SCHEDULE B. Water Utility Improvements
ITEM ESTIMATE I TOTAL PERIOD UNIT PERCENT EST
NO ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE j UNIT COST TOTAL COST PERIOD COST
Q .
104_ Connection to Existing Water Main 4 4 FA 2000.00 .$ 6,000.00 $ 100
106 Special CI 52 Ductile Iron Pipe for Water Main 4 In 1 23 23 LF !100.00 $ _ _ 2,300.00 $_ 1.00%
106 Special CI 52 Ductle Iron Pipe for Water Main 6 In E 108 _ _33 LF 70.00 $ - 2,310.00 $ 31%
107 Special CI 52 Ductile Iron Pipe for Water Main 121n 1764____ _' _ 1764 LF--' - 55.00 $97,020.00 E - - - 100%
108 Special CI.52 Ducifle iron Pipe for Water Main 16 In 57 1- _ 68 9 I 150.00 8 8,700.00 E 102%
109 21n Blow Off Assembly 1 1 FA - 2600.00 $ 2,600.00 E 100%
110 Gate Valve,121n Diem. - 9 !9 FA-T -- 2300.00 $20,700.00 $ 10D%
111 Hydrant Assembly - - - ------- _-- 3 3 EA 5000.00 $15000.00 E_ 100%
112 Remove Existing Hydrant 3 ! 3 .__ FA 1000.00 3_ -_3.000.00
113 Water Service Comredion 314 In Meter with 1 In Di 4 1 FA 1 1500.001 $ _ 1,500.00 $ 25%
114 Water Servke Connection l in Meter 96th 11n Diaml 1 5 FA 1800.00 $9,000.00 $ 500%
SCHEDULE TOTAL $
iiiI
I
I
Period Dates
Begin Aug 21,2012
End. Sept 20,2012
h 1proppe1CP0916 PE.xis 4 of 6 91202012 at 9:22 AM
CA.H Page 83 of 907
CITY OF AUBURN CO. NO 11-11
PROJECTSUMMARY West Valley Highway Improvements
PAY ESTIMATE N10 8:FINAL
Original Contract Contract Change
Amount Orders Total Payment This Period Percent/Contract
SCHEDULE A. Street and Storm Utility Improvements
Contract 2,610,927.65 $ 143,452 15 $ 2,732,095 67 $ 7,15000 99%
Sales Tax Not Applicable
Retainage(-5%) 136,604 78) $ 357.50)
SCHEDULE TOTAL $ 2,610,927.65 $ 143,452.15 $ 2,595,490 89 $ 6,792.50
SCHEDULE B. Water Utility Improvements
Contract 172,530.00 $ 170,130 00 $ 99%
Sales Tax(+9,5%) $ 16,390.35 $ 16,162.35 $
Relainage(-5%) 8,506.50) $
SCHEDULE TOTAL $ 188,920.35 $ 177,78585 $
i
TOTAL CONTRACT AMOUNT TO DATE (including Sales Tax) 2,918,388 02
TOTAL PAYMENT TO CONTRACTOR 2,773,276 74 $ 6,792.50
PAYMENT DUE CONTRACTOR. 6,79260
Penod Dates
Begin Aug 21,2012
End: Sept.20,2012
h'1Qroi1pe1CP0916 PE.xls 5 or 6 920/2012 at 922 AM
CA.H Page 84 of 907
CITY OF AUBURN CO. NO. 11-11
CP0916
PAY ESTIMATE#10& FINAL
CONTRACTOR.
RW Scott Construction
4005 West Valley Highway N, Suite A
Auburn,WA 98001
Phone 253-351-0001
The undersigned has reviewed and approved this final pay estimate I agree that it is a true and correct statement
showing all monies due me from the City of Auburn under this contract, that I have carefully examined the final pay estimate
estimate and understand it and that I hereby release the City of Auburn from any and all claims of whatsoever
nature which I may have, arising out of this contract, which are not set forth in this estimate
PAYMENT DUE TO CONTRACTOR= 6,792.50
Signatures
Contractor Date
Inspector sf!/ — Date O-12
Project Manager Date
City Engineer Date
h tproj1pe1CP0916 PE As 6 or 6 9/20/2012 at 922 AM
CA.H Page 85 of 907
CA.H Page 86 of 907
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1005
Date:
October 9, 2012
Department:
Public Works
Attachments:
Budget Status Sheet
CP1005 Final Pay
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 14 to Contract No. 11-08 in the amount of
$6,910.30 and accept construction of Project No. CP1005, South Division Street Promenade.
Background Summary:
The project included the reconstruction of South Division Street between W/E Main Street and
3rd Street SW/SE including constructing approximately 1,660 linear feet of sanitary sewer lines,
1,670 linear feet of water mains, 1,000 linear feet of storm drainage improvements, including 705
linear feet of a storm detention facility, 1,300 LF of new asphalt, cement concrete, and pervious
concrete roadway pavements, pedestrian crosswalks, 2,000 linear feet of decorative cement
concrete and concrete paver sidewalks, street trees and tree grates, hanging plants, landscaping
and irrigation, street furniture, pedestrian and street lighting, City-owned fiber conduits, circular
aesthetic treatments at the intersections of 1st Street/South Division St, 2nd Street/South
Division St, and Main Street/South Division St, constructing a new decorative traffic signal,
constructing a gateway arch, and coordinating with private utilities regarding undergrounding of
power and communication facilities. All work was in accordance with the City's Promenade Plan
and the City's Downtown Sidewalk Guidelines.
A project budget contingency of $118,112 remains in the Local Revitalization Fund.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:October 15, 2012 Item Number:CA.I
AUBURN * MORE THAN YOU IMAGINEDCA.I Page 87 of 907
1 of 1
Project No: CP1005 Project Title:
Project Manager: Ryan L Vondrak
Consultant Agreement
Initiation Date: April 14, 2010 Project Update
Advertisement Date: February 22, 2011 Contract Award
Award Date: May 16, 2011 Change Order Approval
Contract Final Acceptance
Funding Prior Years 2010 2011 2012 Total
Local Revitalization Funds (LR) - Bonds 646,030 2,868,976 785,873 4,300,879
EDA Grant 394,059 1,415,916 416,511 2,226,486
Total 0 1,040,089 4,284,892 1,202,384 6,527,365
Activity Prior Years 2010 2011 2012 Total
Design Engineering - City Costs 67,811 53,393 121,205
Design Engineering - Consultant Costs (KPG)967,422 80,725 1,048,147
Design Engineering - Consultant Costs (CR)4,855 4,855
Design - Legal 118,215 118,215
Construction Contract Bid 3,444,222 650,689 4,094,911
Change Order #1 34,969 34,969
Change Order #2 92,574 92,574
Change Order #3 102,250 102,250
Change Order #4 43,950 43,950
Change Order #5 23,352 23,352
PSE (Power and Gas) Costs 14,697 332,769 347,466
Line Item Changes (636)(636)
Construction Engineering - City Costs 199,144 60,856 260,000
Construction Engineering - Consultant (CR/Parametrix)52,485 1,915 54,400
Construction Engineering - Consultant Costs (KPG)48,267 15,327 63,594
Total 0 1,040,089 4,284,892 1,084,272 6,409,253
Prior Years 2010 2011 2012 Total
*LR Funds Budgeted ( )0 (646,030)(2,868,976)(785,873)(4,300,879)
LR Funds Needed 0 646,030 2,868,976 667,761 4,182,767
*LR Fund Project Contingency ( )0 0 0 (118,112)(118,112)
LR Funds Required 0 0 0 0 0
Prior Years 2010 2011 2012 Total
*EDA Funds Budgeted ( )0 (394,059)(1,415,916)(416,511)(2,226,486)
EDA Funds Needed**0 394,059 1,415,916 416,511 2,226,486
*EDA Fund Project Contingency ( )0 0 (0)0 (0)
EDA Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
** Assumes the City receiving 38% of the total eligible project costs.
EDA Funds Budget Status
BUDGET STATUS SHEET
South Division Street Promenade project
Date: October 8, 2012
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
LR Funds Budget Status
Estimated Cost (Funds Needed)
CA.I Page 88 of 907
CITY OF AUBURN CO NO.11-08
C121006 South Division Street Promenade
PAY ESTIMATE#14&FINAL SCHEDULE A: Street Improvements
ITEM ESTIMATE TOTAL PERIOD UNIT
UNIT COST TOTAL COST PERIOD COST PERCENT EST.NO. ITEM:DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE QTY,1 minor ange 1 0. 5193 00,000.00 57,908.21 2, 1 .30 158°2 an 925 0' 92 o3ooing543 .00 $ 9,W5.00 140°°4 ype rograss ue n I 1 LS 5, 00.00
5 0 1 On 1 1 LS 380,000.00 380, 00 00 1 06oruonleIgns11L300.00 1,300 00
7 c o upervlsor 12,300 12,3 100%8 re G or 5600 6706.5 TU 48.00 $ 32 12.00 68.0 120%9 equen crow Sign 1 A 256.00 $ 7, .00 81%to o e 8;ea a essage Ign 18 04 515.0 • 56, .00 169%11 eanng a ru . Ing 1 000.00 $000.00 $ 1 072emovaoStructuresaObstructions1L23,365.00 65. 100%13 Koadway Excavalon n ng a 140 140 8. 17 ,920.00 $ 0014nsuaounaon8donInga2100,
15 e 7 Ing au 2850 0 1200,0%16 Excavation Class 111 1 1 1,1 1,150.001 $ 117uonstiructionGeotextileTorUndergroundDrainage5630WMBY1357,60 . 100%
18 L'nji Surlauny I op Course 990—4-26T-34-2-§ TN 1285 $ 54,783.95
18 Crushed Surfacing Base Course 110
JIN 31.50;0 o205081145.45
21 1 0 1 5. 0 0%22 p e a 4 751 1700 8,287 76
23 eme oncre a aveme 140.0 $ 106,26 .00 $ 120go24oOreemenoncraaveme6505845, $ 1 90 ,25 ervious emen oncree avemen 320 29 .00 $ 99, .00
2s eservov curse n Ing au 26 4 M-5-6- 926.31 $
27 orm ewer Pipe, n am. 340 39. 13, .00 96%°28 ue ron orm ewer Pipe, n lam 579 5 3 ,5
29 ewer a evlslon nape on 1000 90 L 1.50 $
30 CafWSasin i ype 9 9 77 . 0 6, 5.00 100%31 asln ype in DIaFn 4 2,350 9,40 U. 00%32 a assn ype n lam. 4 4 3, 0.00 14,400.00 100°/,33 a assn 9 6 EA 50 .0
1
7o34AdjustCryVault311775. 0
35 )u Manhole 500.00 1,36 ralnage o 700.00 400.
37 assn 1 1 805.00 $ 805. $ 100%38 Ipe .ou a on ena 10 1 48. $ 813 2 18gq°39 mpo Ipe m9 3 15.00 $143. ggq,40 ros10 er Pollution Control 1 9 759 T 15,0 2,85 14
SCHEDULETOTAL $ 3,287.30
Period Dales
Begin: June 21,2012
End: Sept 20,2012
h:Iprullpe1CP1005 PEA 1 of 8 9/2612012 at 2:02 PM
CA.I Page 89 of 907
CITY OF AUBURN CO NO. 11-08CP1005SouthDivisionStreetPromenade
PAY ESTIMATE#14&FINAL SCHEDULE A. Street Improvements
ITEM ESTIMATE TOTAL PERIOD UNIT PERCENT ESTNOITEMDESCRIPTIONQUANTITYQUANTITYQUANTITYTYPE
UNIT COST TOTAL COST PERIOD COST
41 opsa ype
9.40 $ 0
QTY °CY5530
42 Opsot ype 130 10 90.3 $ 9,035.
5°
10 5 52.95 $ 264.75 50PSIPEFra:dnus americana'Autumn Applause'/
44 Autumn Applause Ash, 12'-14'Ht,21/2"Cal 6 15 EA 572.00 $ 8,560.00 $ 250%PSIPE Tlla cOrdata'Corzam'/Corinthian Linden,l2'-
a5 14'Ht,
Calhi
Cal 6 6 EA 57200 $ 3,43200 $ 100%PSIPE Callum wlgaris'Anette/Anette Scotch
48 Heather, 1 Gal Cont 40 40 EA 8.20 $ 328.00 $ 100%PSIPE Euonymus japonica'Moness'/Silver princess
47 Bo)deaf Euonymus,2 Gal Cont 36 36 EA 18.00 $ 648.00 $ 100%PSIPE Hebe pirguifolle'SutherlandiP/Suthedand
49 Hobe;1 Gal Cant 80 80 EA 8.55 $ 513.00 $ 75%PSIPE Rhododendron'Sapphlre'/Sapphire
49 Rhododendron,2 Gal Cont 27 27 EA 18.00 $ 466.00 $ 100%PSIPE Potentilla'Sunser/Sunset Cinquefoil,2 Gal
50 Cont; 54 64 EA 18.00 $ 97200 $ 100%PSIPE Uriope muscari'Silvery Sunproof/Silvery Uly
51 Turf,7 Gal Cont 40 40 EA 6.80 $ 27200 $ 100%PSIPE Nasella tenuissima/Mexican Feather Grass,
52 1 GafCont 40 40 FA 6.80 $ 27200 $ 100%PSIPE Hebftemum nummularium'Raspbeny
53 Ripplia'/Sunrose,1 Gal Cont 1D4 104 EA 8.55 $ 88920 $ 100%PSIPE Thymus'Pink Chintz'/Pink Chintz Thyme,1
54 Gal Cam 178 178 EA 9.25 $ 1,646.50 $ 100%PSIPE Hemerocallis X'Bonanza'/Dwarf Daylily,1
55 Gal Cont 85 85 F 4 8.80 $ 578.00 $ 100PSIPELavandulaaugusCdolla'Suena Vsta'/English
55 Lavender,1 Gal Cont
58 O
Pe
on U oa ler
72
1 2.943124T
0
7,0
6.
00 $ 20, 2
Oq°
4 7.00 280 °59 Om c mg 0n em, Omp e 1 L 0 $ 2, 0.00 100%60 eme onc. c u an r
61 eme onc. c 0
9.55 —$---27,71-3-,W 127%
62 on e u ype 13 q
18.
00 $ 1 , BO%
Period Dates
SCHEDULE TOTAL $ 3,28730
Begin: June 21,2012
End: Sept 20,2012
h:1pro11pe1CP1005 PE-* 2 of 8 9l26i2012 at 2:02 PMCA.I Page 90 of 907
CITY OF AUBURN CO.NO 11-08
CP1005 South Division Street Promenade
PAY ESTIMATE 1214&FINAL SCHEDULE A. Street Improvements
ITEM ESTIMATE TOTAL PERIOD UNIT PERCENT ESTNO. ITEMiDESCRIPTION QUANTITY QUANTITY QUANTITY TYF°E
UNIT COST TOTAL COST PERIOD COST
QT,63 Amen onc.valley er 50 8 43.50 2,97105 $ 137%64 u ge u 8 0 948.2 27 11
65 emen oncre a nveway n nee 210__TF9__88 S 68.65 14,649.67 $ 105 066R-als-ed Pavement a er I ype 56 385 60 12%67 Muluir e11 ype b kmoalneo) 3 6 1,965.00 100%69 eme It Vul cr a Olklwffailt 29W 1167 0690emenncreiewa1160102 . 66.2 $ 7,581.63
70 rn oncre a aver 11058.5 F 4.35 4 ,741.25 8 071mnaver76906769.55 4.35 2 754 880/072aixsupport10EA21 . o"To73am;ra c igna em omp e 1 4 .00 9,435. TWO74recsignalM65-ca on omp e e 1 1 L __293M, .00 575.00 075ysemompee129,945. 0 9,
76 umma an ys em omp e 1 1 L 00 345,984.9 1T7PermanentSigning11LS17,100.00 7, 00.00 178P1aStlCCrosswalkStripe(24 Inch WRFe_ 40 4.45 $ 1246.00 03.00 10479IcOpare1765tF9-5yo80atni-ine,4 in. 1900 18 L 0. 1.(33B.95
81 Paint Line,8 In. 110 90 LF 2.15 $ 193.50 $ 82%
82 Pairlt@d Traffic Arrow 2 2 EA 150.00 $ 300.00 $ 100%83 PlasttcTraflto Letter 4 4 EA 70.00 $ 280.00 $ 100%
84 Temporary Pavement Marking 2500 640 LF 0.05 $ 32.00 $26%85 Tree Grate 21 21 EA 1,525.00 $ 32,025.00 $ 100%86 Bench. 17 17 2 EA 1,500.00 $ 25,500.00 $ 3,000.00 100%
87 Trash Receptacle 11 11 EA 500.00 $ 5,500.00 $ 100%
88 Recycle Receptacle 11 11 EA 500001 $ 5,500.00 $ 100%
89 Bike Rack 10 10 EA 800 DO $ 6,000.00 $ 100%
90 Bollard 104 103 EA 555.00 $ 57,165.00 $ 99%91 Interiocking Plaza Paver 600 680 SF 12.00 $ 8,160.00 $ 100%92 Downtown Gateway Complete 1 1 LS 105,600.00 $ 105,600.00 $
93 Concrete Surface Color Treatment 2800 2360 Sy 15.00 $ 35,700.00 $ 185%CO-1-1 Parking Lot Clearing&Grubbing 1 1 LS 4,642.22 $ 4,642.22 $ tOpOy,CO.1-2 Concrete Joint Sealant 8500 7526 LF 1.35 $ 10,160.10 $ 89%Add or u quantities to s
CO-1 86&116 25 0 LF 0.00 $ 0%CO-2-1 Epoxy Coated Dowel Bars 1 1 LS 89,600.00 $ 69,600.00 $ 100%CO-2-2 Deep Sawcuts 100 1823 LF 5.54 $ 10,106.89 $ 1823%
CC-23 3 inch,Diameter Core Drills 50 120 EA 48.38 $ 5,606.08 $ 240%,
Period Dates SCHEDULETOTAL $ 6,910.30
Begin: June 21,2012
End- Sept 20,2012
h:1pmj pe1CP1005 PE.1ds 3 of 8 9/262012 212:02 PM
CA.I Page 91 of 907
CITY OF AUBURN CO.NO.11-08
CP1005 South Division Street Promenade
PAY ESTIMATE#14&FINAL SCHEDULE A• Street Improvements
ITEM ESTIMATE TOTAL PERIOD UNIT PERCENT ESTNO. ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE UNIT COST TOTAL COST PERIOD COST
Q.n,Underground Storage Tank Removal and Soil
CO-3 Remediation Work 1 0.8745518 Eq Ad- 102,25000 $ 89,42192 $ 87%
CO-4-1 Harvest Gold Integral Concrete Price Adjustment 220 220 CY 16.50 $ 3,630.00 $ 100%
CO-4-2 LED Price Adjustment 1 1 LS 40,320.00 $ 40,320.00 $ 100%CO-5-1 Wet weather paver protection Labor 35 16 D 207.20 $ 3,315.20 46%CO-5-2 Additional Concrete Unit Oaver Cutting 1000 332.5 LF 16.10 $ 5,353.25 1 33%
SCHEDULETOTAL $ 6,910.30
Penrod Dates
Begin: June 21,2012
End: Sept 20,2012
hApro11pe1CP1005 PE.-ds 4 of 8 92612012 at 2:02 PM
CA.I Page 92 of 907
CITY OF AUBURN CO NO. 11-08
CP1005 South Division Street Promenade
PAY ESTIMATE#14&FINAL SCHEDULE B Water&Sanitary Sewer Utility Improvments
14
ITEM ESTIMATE TOTAL PERIOD UNIT UNIT COST TOTAL COST PERIOD COST PERCENT EST,NO. ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE
94 Removalo Structures and Obsbructions 1 1 L -77,20000 $ 17,200.00 $
QTY.
1000/.
95 poring br Extra Excavation C ss B 1 LS 3,500. $ 3,5 00
96 Crushed Surface To ourse 920 11 15.85 $ 11,706.57 5g%97 Crushed Su cmg ase ourse 120 0 TN 19-8-5
98 12" 64-2 2 0 157 12 TN 150.00 7 23,568.00 $
99 MA CI 1"PG 64- 1 .99 TN 12850 $—17,21772
100 Asphalt Cold Patch 170 204, T 166.00 3 , .36 120%101 Manhole 48 1n.Diam.Type 1 6 EA 3,725.00 $ 18, 2 . 0 $ 83%102 Pipe oundationMatena 240 65.1 41 $ 2,702.90 $ 27/,103 imported i Bedding 1580 250739 N T Z-4-5 $ 23179 $ 159%104 ass 52 Ductile Iron Pipe for Water Main,6 n Diam. 30 110 75 $ 3,322.50 100 0105Class52DuctileIroniforWaterMain, 12 In iam 1640 1640 LF 63.55 $ –1114, 22. 100/,106 Connection to ' ti ater Main 10 10 745.00 7,450. 100%107 owo em 1 1,945.00 $ 1,945.00
108 2 n Steel asing 40 LF --2-17--W $ 8, 100°/,109 Adjust Water ox 1 1 370 00 $ 37000 100 ,110 Gate Valve 6 in 910 00 2,730. 0 $ 100°,111 ate Valve 12 In 18 18 2, 6.00 39,510.00
112 drarlt/issem ry 1 EA 4,120. 0 $ 4,120 00
113 Moving F dstin H Brant 2 120.0 $ 4,2 100%
Water Service Connection 314 inch Meter with 1 inch
114 Diam.Service Line 3 3 EA 1,28000 $ 3,840.00 $ 100°/,115 Water Service Connection 1-12 in Diam. 3 3 2,285 00 $ 6,855.00 100%116 Adjust Water Meter Box 5 4 EA 280.00 $1–,1-2-0–.GU- $ 80%
Irrigation Service Connection, 1 12 inch Diam and
117 Water Meter Box 1 2 EA 1,895.00 3,790 00 $ 200/°118 PVC Sanitar) ewer Pipe 12 n lam 1660 1500 6.00 $ 9,000 903(0119SewerTelevisionInsection166015rol1LF2.50 $ 3,750.00
6 Inch Diam PVC Side Sewer with 6 inch Diam PVC
120 Cleanout 360 316 1 LF 4765 $ 15,057.40 $ 88%
SCHEDULE TOTAL $
Period Dates
Begin: June 21,2012
End: Sept 20,2012
h 1prollpe\CP1005 PE.xls 5 of 8 926/2012 at 2:02 PM
CA.I Page 93 of 907
CITY OF AUBURN CO. NO.11-08
CP1005 South Division Street Promenade
PAY ESTIMATE#14 7 FINAL SCHEDULE B. Water&Sanitary Sewer Utility Improvements
MATERIALS ON HAND
ITEM No. REM DESCRIPTION TOTAL PERIOD UNIT
UNIT COST TOTAL COST PERIOD COSTQUANTITYQUANTITYTYPE
105A Class 52 Ductile Iron Pi a for Water Main 12'
Material on Hand 1640.00 LF $ 21.94 $ 35,98142 $Material Installed 1,640.00) LF $ 21.94 S (35,981,42)TOTAL LF Is
106A Connection to 6dsting Main
Material on Hand 10.00 FJ\ $ 31117 $ 3111 72 $Material Installed 10.00 311.17 $ 3111.72 $TOTAL
111A Gate Valve 12"
Matedal on Eland 19.00 1.00 EA S 1451.55 $ 26,12784MaterialInstalled18.00111 145155 $ 26127.84 $TOTAL
1451.55
Material on Hand EA
Material Installed EA
TOTAL
Matenal on Hand EA
Material installed EA
TOTAL I
SCHEDULETOTAL $ (1,45155)
Period Dates
Begin Juna 21,2012
End Sept 20,2012
h:\prof) p\CP1005PEAS 6of9 10/4/20129:01Ahf
CA.I Page 94 of 907
CITY OF AUBURN CO.NO 11-08
CPI D06 South Division Street Promenade
PAY ESTIMATE#14&FINAL SCHEDULE C Miscellaneous Improvements
14
ITEM ESTIMATE TOTAL PERIOD UNIT UNIT COST TOTAL COST PERIOD COST PERCENT ESTNO. ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE CITY.121 gnng or ra Excavation Class 1 L 6,600.00 U-00-0y $ 100%122 Cnls ad Su cin9 ap ourse 990 484.4 16.50 7,994.09 49%123 Crushed Su Gng Base Course 93.73 16 70 $ 1,565.29 2 124 Planing Bitum nous Pavement 110 488.7 S 38.00 R1,513.26 444%125 MA 111 22 2 159. 92.00 4,65468 80%126 ACI1 64- 530 79.00 —$---2-9,5-36-9-9 71%127 As hall Col atch go----- Doi128HDPE48InDiamDetentionPipeSystem70570LF446.00 $ 10 a129toneSewerTelevisionInspection780LF3.
130 P Foun anon atenal 20 0 47.
131 mpoA ipe B ding 1550 0 TN 15.30 0%132 Osk oundation 1 EA 3,000.00 100%
SCHEDULETOTAL $
Period Dates
Begin: June 21,2012
End: Sept 20,2012
h\prol\pe1CP1005 PE.)ds 7 of 9 10/42012 at 8:25 AM
CA.I Page 95 of 907
CITY OF AUBURN CP1005,South Division Street PromenadeSouthDivisionStreetPromenadePROJECTSUMMARYCO. NO. 11-08
PAY ESTIMATE#14&FINAL
Original Contract Contract Change
SCHEDULE A. Street Improvements
Amount Orders Total Payment This Period Percent/Contract
Contract 3,173,913 30 $ 297,068.37 $3,521,822.03 $ 6,91030 1015%
NO TAX
Bond In Lieu
SCHEDULE TOTAL $ 3,173,913.30 $ 297,068.37 $3,521,822 03 $ 6,91030
SCHEDULE B. Water&Sanitary Sewer Utility Improvments
Contract 425,363 50 $ 430,694 32 $ o1016/0
Materials on Hand 1,451 55 $ 1,451 55)
Sales Tax(+9.5%) $ 40,409 53 $ 41,053 86 $137 90)
Bond In Lieu
SCHEDULE TOTAL $ 465,773 03 $ 73,006 42 $ 1,589.44)
SCHEDULE C: Miscellaneous Improvements
Contract 455,225 00 $ 396,348.31 $ 87%
NO TAX
Bond In Lieu
SCHEDULE TOTAL $ 455,225.00 $ 396,348 31 $
TOTAL CONTRACT AMOUNT TO DATE (including Sales TaxSch B only) 4,391,370 07
TOTAL PAYMENT TO CONTRACTOR 4,391,370 07 $ 5,32086
PAYMENT DUE CONTRACTOR: 5,320.86
Period Dates
Begin June21,2012
End Sept20,2012
h\proj\pe\CP1005 PExls 8 of 9 10/412012 at.8:25 AMCA.I Page 96 of 907
CITY OF AUBURN CO. NO. 11-08
CP1005
PAY ESTIMATE# 14 & FINAL
CONTRACTOR
Johansen Excavating, Inc.
PO Box 674
Buckley, WA
Phone 360-829-6493
The undersigned has reviewed and approved this final pay estimate. I agree that it is a true and correct statement
showing all monies due me from the City of Auburn under this contract, that I have carefully examined the final pay estimate
estimate and understand it and that I hereby release the City of Auburn from any and all claims of whatsoever
nature which I may have, arising out of this contract,which are not set forth in this estimate.
PAYMENT E O C NTRACTOR= 5,320.86
Signatures
Contractor Date
Inspector i i"/1 Date
Project Manager Date 101$/)2
City Engineer Date
h:lprojlpe1CP1005 PE.xis 9 of 9 10/4/2012 at 8:25 AMCA.I Page 97 of 907
CA.I Page 98 of 907
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6426
Date:
October 8, 2012
Department:
Planning and Development
Attachments:
Agenda Bill
Exhibit 2 Ord 6426
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11
Exhibit 12
Exhibit 13
Exhibit 14
Exhibit 15
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6426.
Background Summary:
See attached.
Reviewed by Council Committees:
Other: Hearing Examiner; Planning; Building; Public Works
Councilmember:Backus Staff:Snyder
Meeting Date:October 15, 2012 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 99 of 907
Exhibit 1
Number of Pages 11
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6426, Robertson Properties Group,
Auburn Gateway 2 Rezone, Application No: REZ12-0003,
Date: October 4, 2012
Department: Planning and
Development
Attachments: See Exhibit List at end
of report
Budget Impact: N/A
Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6426 approving
the rezone.
Background Summary:
OWNER/
APPLICANT: Tamara Thompson, (Agent), Landmark Development Group on behalf of RPG Auburn
Properties, LLC, 2462 Sunshine Drive, Boise, ID 83712
John Manavian, Vice President of HI 120 Real Estate Company Inc. as sole member of
RPG Auburn Properties, LLC (Applicant), 120 North Robertson Blvd, Los Angeles, CA
90048
REQUEST: Rezoning of four parcels totaling approxim ately 11 acres from C3, Heavy Commercial to
C4, Mixed-Use Commercial.
LOCATION: 219 49th St NE and adjacent, generally south of S 277th ST, east of Auburn Way N, north
of 49th St NE and west of D ST NE ; The site is within the NW quarter of Section 31,
Township 22 North, Range 5 East, W.M. King County, Washington. Parcel Nos:
000220-0007, 936000-0200, 00220-0001 & 936060-0350
EXISTING
LAND USE: Vacant house and farmed fields.
COMP. PLAN
DESIGNATION: Heavy Commercial
SEPA STATUS: A Final Environmental Impact Statement (FEIS) for the Auburn Gateway Project (without
evaluation the Auburn Gateway 2 project area subject of the rezone) was issued July 30,
2004. An addendum to the FEIS was issued November 2, 2011 to specifically address
the Auburn Gateway 2 rezone area and other changes. No appeals of the FEIS were
filed.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Backus Staff: Snyder
Meeting Date: October 15, 2012 Item Number:
ORD.A Page 100 of 907
Agenda Subject: Ordinance No. 6426, Robertson Properties Group,
Auburn Gateway 2 Rezone, Application No: REZ12-0003
Date: October 4, 2012
Page 2 of 11
The Comprehensive Plan designation, zoning designation and current land uses of the site and
surrounding properties are:
Comprehensive Plan Zoning Land Use
Project Site Heavy Commercial C3, Heavy Commercial Vacant house and farm
fields
North
Across S 277th ST are
unincorporated areas
designated ‘Agricultural’ in
King County
Across S 277th ST are
unincorporated areas zoned
A-10, Agricultural - one
dwelling unit per ten acres in
King County
Farm fields
South Heavy Commercial C3, Heavy Commercial
Auto accessory sales, auto
repair services, building
contractor services
businesses and single
family residential
East Heavy Commercial C4, Mixed Use Commercial Drive-In movie theater
West Heavy Commercial C3, Heavy Commercial
Gas station and car wash
and across Auburn Way N is
auto sales, vacant land and
single family residential
FINDINGS OF FACT:
General findings
1. On June 19, 2012 Tamara Thompson, of Landmark Development Group submitted a rezone
application on behalf of the property owner and applicant: John Manavian, Vice President of HI 120
Real Estate Company Inc. as sole member of RPG Auburn Properties LLC (“Applicant). The
applicant seeks to rezone (change the mapped zoning designation) for four contiguous parcels
totaling approximately 11 acres. The subject site is 219 49th St NE and is generally located south
of S 277th ST, east of Auburn Way N, north of 49th St NE and west of D ST NE; and identified as
Parcel Nos: 000220-0007, 936000-0200, 00220-0001 & 936060-0350.
2. The site is currently contains a vacant house on 49th Street NE and farmed fields located to the
north.
3. The site is relatively flat and slopes slightly downward to the northwest. The site range ranges in
elevation from 52 feet near the SE corner to 44 feet near the NW corner as shown on the
ALTA/ACSM Land Title Survey, Barghausen Consulting Engineers Inc. dated October 2, 2007,
submitted with the application.
4. The four parcels owned by RPG Auburn Properties, LLC are currently zoned C3, Heavy
Commercial and their comprehensive plan land use designation is “Heavy Commercial”.
ORD.A Page 101 of 907
Agenda Subject: Ordinance No. 6426, Robertson Properties Group,
Auburn Gateway 2 Rezone, Application No: REZ12-0003
Date: October 4, 2012
Page 3 of 11
5. The rezone is requested primarily for two purposes. First, it is requested by the applicant to bring
all of their property ownership under the same zoning district in anticipation of future coordinated
and phased development. The proposal seeks to change the zoning designation of four parcels
that were more recently acquired by the applicant and also more recently added to a previously
identified development proposal; the Auburn Gateway Project. The area of the proposed 11-acre
rezone is referred to as the “Auburn Gateway 2”; since it was added to the original “Auburn
Gateway”project.
The zoning designation of the original properties was previously provisionally rezoned from C3,
Heavy Commercial to C4, Mixed Use Commercial (Ordinance No. 6183, 2008). Currently, the C4,
Mixed Use zoning designation only applies to these properties owned by the applicant; however,
the designation could be applied elsewhere in Auburn. It is anticipated that the future development
of this site would not follow the current configuration of the property boundaries and that future
boundary line adjustments or subdivisions will be proposed.
6. The rezone is also requested by the Applicant to meet the requirement of the previously approved
Development Agreement (DA) between the applicant and the City of Auburn. On November 21,
2011, the City Council adopted Resolution No. 4756 approving a development agreement between
the City and Auburn Properties. Section 1 of the development agreement provides that the parties
agree to process a zoning amendment to C4, Mixed Use Commercial for any property owned by
the applicant as of the date of the agreement and the parcels were owned on the date.
Findings related to the history of approvals
7. The subject parcels were annexed into the City of Auburn by Ordinance No. 2511, in 1970.
8. In 2004, in response to receipt of an application for a Development Agreement (DA) the City issued
a Draft Environmental Impact Statement (DEIS) and a Final Environmental Impact (FEIS) for the
development of the Auburn Gateway Project. The EIS evaluated the impacts associated with
implementation of the Northeast Auburn Special Area Plan and the Auburn Gateway Project. The
original Auburn Gateway Project consists of approximately 60 acres including the Valley Six Drive-
In Theater and several adjacent properties owned, or could be acquired, or that could be
cooperatively developed. Four development options for the Auburn Gateway Project were studied
consisting of:
(1) Option I (Retail and Office):
Retail----200,000. sq. ft.
Office----1,600,000. sq. ft
(2) Option II (Retail):
Retail-----720,000 sq. ft.
(3) Option III (Retail & Multi-Family Residential):
Retail-----360,000 sq. ft.
Multi-Family---500 units
(4) No–Action (existing zoning action) Option:
Retail-----73,200 sq. ft.
Single family 132 units
Multi-family –130 units
The Preferred Action, identified in the Final EIS and EIS Addendum, is to allow a combination of uses
described in Options I, II and III, above.
ORD.A Page 102 of 907
Agenda Subject: Ordinance No. 6426, Robertson Properties Group,
Auburn Gateway 2 Rezone, Application No: REZ12-0003
Date: October 4, 2012
Page 4 of 11
9. The Local Project Review Act (Ch. 36.70B, RCW), enacted by the state legislature in 1995,
provides specific authority and direction for development agreements. These agreements are
voluntary, but once made, 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 authorized by other laws.
10. Former Auburn City Code Chapter 14.21 (Repealed by Ordinance No. 6187 in October 2008) set
out the City’s requirements for development agreements. Robertson Properties Group (RPG)
applied for a development agreement before the repeal, and the City staff has worked with RPG
over the intervening time to complete the environmental review process and to negotiate a proposal
for a development agreement that could include a favorable staff recommendation to the City
Council.
11. The former Auburn City Code Section 14.21.010.A generally provides that, [a] development
agreement should allow greater flexibility in the existing standards 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 benefit, and be a more sensitive proposal than would have
been the case with the use of standard zoning or subdivision procedures.
Applicable to mixed use projects it provides:
“Auburn City Code 14.21.010.B. Nonresidential or Mixed Use Projects. The city may
consider a development agreement for a nonresidential or mixed use project in areas designated
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 whether a proposal 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 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;
4. Provide for superior protection of critical areas.”
12. Even though City Code Chapter 14.21 has been repealed, certain projects may still be “vested”
under the provisions in effect and that these projects may still operate under the repealed codes.
The City has made the determination that the RPG project has vested under ACC 14.21 since the
City received sufficient material applying for that process from RPG. As a result, RPG can seek
approval of a development agreement under the process spelled out in Chapter 14.21 so long as
the project meets the requirements of this repealed code section.
13. On June 16, 2008 the Auburn City Council passed Ordinance No. 6183 which amended the City’s
Comprehensive plan (map and text), zoning (map and text) and included the adoption of a sub-area
plan related to the development of the Auburn Gateway Project at the site of the Valley 6 Drive-in
Theater site and surrounding properties owned by RPG. This approval was provisional, in that
Section 13 of the Ordinance No. 6183 was conditioned upon the subsequent execution of a
Development Agreement (DA) and Planned Action Ordinance (PAO) within 180 days. The change
in designations does not become permanent until the City Council has approved the development
agreement and Planned Action Ordinance.
14. Several extensions to the provisional Comprehensive Plan and zoning designation changes have
been approved. On December 1, 2008 the City Council passed Ordinance No. 6219 extending the
effective date of Ordinance No. 6183 until August 31, 2009. Then on August 17, 2009 the City
ORD.A Page 103 of 907
Agenda Subject: Ordinance No. 6426, Robertson Properties Group,
Auburn Gateway 2 Rezone, Application No: REZ12-0003
Date: October 4, 2012
Page 5 of 11
Council passed Ordinance No. 6259 extending the effective date until August 31, 2010. Then on
August 16, 2010, the City Council passed Ordinance No. 6321 as a third extension, until August 31,
2011. On August 15, 2011, the City Council passed Ordinance No. 6371 as a fourth extension,
until December 30, 2011.
15. The extensions to the provisional Comprehensive Plan and zoning designation changes have been
granted by the City Council because for the last several years, the City of Auburn has been
negotiating with RPG on a future development. The Planning and Development, Public Works and
Legal Department staffs has been actively working with RPG to complete required studies,
negotiations and documentation in order to provide the City Council with substantive policy making
opportunities that would facilitate the phased development of the Auburn Gateway Project. The last
6-month extension was intended to provide the City Council, staff and RPG adequate opportunity to
complete negotiations, documentation and substantive policy making.
16. Also, subsequent to the original EIS work, RPG and the City have been working on an addendum
to the 2004 EIS documents. The City as the lead environmental review agency determined that this
addendum was necessary due to the following project changes:
• Impacts of the acquisition and development of an additional four parcels totaling
approximately 11 acres by RPG subsequent to the original EIS and while identified as part of
the ‘Planning Area’ were not identified as part of the original project site (the amount of
development however will remain the same);
• RPG’s determination to conduct phased project development in two phases that could be
developed independently or jointly (No phasing of the project was previously proposed); and,
• Changes in city regulations and development standards such as:
o The city’s adoption of new floodplain regulations may affect the proposal. Unless
future project is otherwise exempt under the provision of ACC 15.68.130, the project
is located in a Special Flood Hazard Area (SFHA) and Riparian Habitat Zone (RHZ)
and would be required to obtain a City of Auburn Floodplain Development Permit,
including the submittal of a habitat impact assessm ent report;
o City adoption of a critical areas ordinance;
o Changes in Comprehensive Plan transportation policies;
• Changes in road network including an assessment of traffic impacts of eliminating the
northern portion of D St NE, not constructing the eastward extension of 49th St NE, and to
address project phasing; and
• Changes in external circumstances over the intervening period of time including the
completion of the Port of Seattle’s adjacent wetland mitigation property construction, the
completion of the Trail Run Plat (a.k.a. River Sands) and the completion of Monterey Park
Plat (a.k.a. Auburn 40) and associated I Street NE extension.
The EIS addendum was issued and made publically available on November 2, 2011 in accordance
with adopted SEPA procedures. The EIS addendum was not appealed.
17. All public meeting and hearing requirements in ACC 14.21.045 and ACC 14.21.050.A, associated
with the development agreement were met, as follows: a public meeting was held on November 21,
2002; January 28, 2003; and February 12, 2004. This application was presented for discussion to
the Council’s Planning and Community Development Committee on July 25, 2011 and September
26, 2011, and was passed out of committee with an affirmative recommendation on October 10,
2011. The application was also presented to the Public Works Committee for discussion on August
15, 2011 and October 3, 2011, and to the Municipal Services Committee on August 8, 2011 and
October 10, 2011. The application was also discussed at the Council’s Committee of the Whole
Committee meeting on August 29, 2011. All of these meetings were properly noticed and were
ORD.A Page 104 of 907
Agenda Subject: Ordinance No. 6426, Robertson Properties Group,
Auburn Gateway 2 Rezone, Application No: REZ12-0003
Date: October 4, 2012
Page 6 of 11
open to the public. Additionally, a duly-noticed public hearing was held on November 7, 2011 with
the full City Council.
18. On November 21, 2011, the City Council adopted Ordinance No. 6382. The Ordinance adopted
and designated the “Northeast Auburn Special Area Plan and Auburn Gateway Planned Action”
and amended City Code Section 16.06.020 to provide for a planned action process in the city’s
SEPA regulations and to add a new zoning code section related to planned actions.
19. At this same meeting on November 21, 2011, the City Council adopted Resolution No. 4756
approving a development agreement between the City and RPG.
20. Pursuant to Auburn City Code 14.21 (subsequently repealed) a development agreement was
entered into between the City of Auburn and RPG. The Auburn Gateway Project is a one- or two-
phase development over a period of 15 years of an approximately 70-acre site generally 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 and surrounding properties owned by RPG
within the NW and SW quarters of Section 31, Township 22 North, range 5 East, W.M. The project
would consist of the site preparation and construction of up to 1,600,000 square feet of professional
office buildings, up to 720,000 square feet of retail buildings or up to 500 multiple family dwellings
or combinations thereof and associated site improvements. The project would include associated
filling and grading, including filling of floodplain with compensating replacement storage volume and
filling and displacement of wetlands with compensation. The project would also include the
extension of utilities and roads (I ST NE) and widening of existing roads and the installation of traffic
signals associated with street intersections. The purpose of the development agreement is for the
City to recognize and accommodate alternatives in how development should proceed and
standards that apply when warranted by characteristics of the property or development.
21. While the Northeast Auburn/Robertson Properties Special Area Plan was provisionally adopted in
the Spring of 2008 by Ordinance No. 6183, it was subsequently amended. It was amended and
updated to address the project changes and information from the EIS addendum by the City
Council via Ordinance No. 6394 on December 5, 2011 as part of the annual processing of various
comprehensive plan amendments.
Findings related to procedures and criteria
22. Pursuant to Auburn City Code Section 18.66.130 the City of Auburn Hearing Examiner is
authorized to conduct a duly noticed public hearing and render a recommendation on the rezone
application. The Hearing Examiner’s recommendation is forwarded to the City Council for a
decision. The City Council’s decision is appealable to the Superior Court of the applicable county.
23. The public hearing notice was published on July 30, 2012 in the Seattle Times newspaper, posted
at the subject site and mailed to property owners within 300 feet of the subject property on or before
July 30, 2012.
24. The Hearing Examiner conducted a public hearing on August 15, 2012.
25. Pursuant to ACC 18.68.030 and 18.68.040, all applications for a rezone shall be reviewed by the
planning director prior to the scheduling of a public hearing. After review of the application, the
director shall determine which of the following two processes should occur to properly hear the
rezone:
ORD.A Page 105 of 907
Agenda Subject: Ordinance No. 6426, Robertson Properties Group,
Auburn Gateway 2 Rezone, Application No: REZ12-0003
Date: October 4, 2012
Page 7 of 11
a. If the rezone is consistent with the comprehensive plan, then the hearing examiner shall
conduct a public hearing on the rezone and make a recommendation to the city council
pursuant to ACC 18.66.170.
b. If the rezone is in conflict with the comprehensive plan, or there are no policies that relate to
the rezone, or the policies are not complete, then a comprehensive plan amendment must be
approved by the city council prior to the rezone being scheduled for a public hearing in front
of the hearing examiner. The planning commission shall conduct a public hearing on the
comprehensive plan amendment and make a recommendation to the city council.
This application is consistent with the comprehensive plan, as outlined below in the Conclusions.
26. The subject property is within the City’s Water and Sanitary sewer service areas.
27. As identified in the 2011 EIS addendum, the parcels of the rezone application are partially located
in the 100-year floodplain based on the 1995 Federal Emergency Management Agency (FEMA)
Flood Insurance Rate Map (FIRM) currently in effect. At future development the applicant proposes
to fill the site to elevate the building pad areas above the 100-year floodplain and to ensure gravity
operation of the future storm drainage system. The Auburn Gateway 2 site would require
approximately 6.23-acre feet of floodplain fill. The development of the site will require a floodplain
development permit and preparation of a habitat impact assessment report under regulations
adopted by the City in April of 2010 (Ordinance No. 6295). Also, the City and the Port of Seattle
are in the process of amending a previous Interlocal agreement to allow the already constructed
Port of Seattle wetland mitigation site (located off-site to the east in Auburn) to be used to
compensate for filling other properties located in the floodplain. In turn, the development
agreement between the City and RPG indicates that the City will make available a portion of the
compensating floodplain volume upon successful conclusion of negotiations. If the amount of
floodplain compensation is not sufficient due to FEMA map changes or other reasons, additional
floodplain compensation would need to be provided consistent with city regulations.
28. As identified in the 2011 EIS addendum, stormwater runoff from the Auburn Gateway 2 area would
be managed similar to those facilities planned for Auburn Gateway I and include a conveyance
system, the use of either above ground stormwater detention facilities/ponds, underground
detention vaults/tanks or a combination to provide stormwater quality and quantity control. The
project is expected to meet design requirements and stormwater management codes as required
by the City of Auburn. The preparation and city approval of a master storm drainage plan is
addressed in the Special Area Plan and Condition No. D-1 of the Planned Action ordinance
(Ordinance No. 6382) to establish what improvements are to constructed concurrent with each
phase of development.
29. The City adopted critical area regulations in 2005 after the time of the original EIS issuance. As
identified in the 2011 EIS addendum, Wetland E is identified within the parcels of the proposed
rezone. A previous wetland delineation conducted by a previous property owner identified the
wetland as a 1.53-acre, Category 3 wetland. However, the Army Corps of Engineers conducted a
site visit and responded that the wetland delineation was incorrect. It is expected that a full
delineation will be required prior to development approvals and mitigation will be required at the
time consistent with city and other applicable standards.
30. With the addition of approximately 11 acres to the previously-proposed development, additional
analysis of transportation impacts was conducted and is contained in the report: ‘Auburn Gateway
Transportation Impact Analysis’ prepared by Transportation Solutions Inc. in August 2011. While
the amount of development is not expected to increase with the addition of 11 acres, the origin of
the traffic generally would be different. Also, the transportation analysis was revised based on
changes in road network, including an assessment of traffic impacts of eliminating the northern
ORD.A Page 106 of 907
Agenda Subject: Ordinance No. 6426, Robertson Properties Group,
Auburn Gateway 2 Rezone, Application No: REZ12-0003
Date: October 4, 2012
Page 8 of 11
portion of D St NE, not constructing the eastward extension of 49th St NE, and to address project
phasing; not previously proposed. The results of the transportation re-analysis is summarized in
the 2011 EIS addendum and considers the worst–case development condition for traffic of
Alternative 1 (1,600,000 sq ft office with 200,000 sq ft of retail) in order to maintain the applicant’s
flexibility to pursue a range of alternatives. Alternative 2 was also considered as it represents the
Applicant’s most likely development alternative.
Roads adjacent to each development phase are planned to be constructed currently so that they
would be in place when that phase of development is occupied. Trip generation in the EIS
addendum was forecast using the same methodology as used in the 2004 EIS. The PM peak hour
trip generation is therefore forecast to the 2,419 PM peak hour trips for development Alternative 1
and 1,803 PM peak hour trips for development Alternative 2.
Pages 49-50 of the EIS addendum identify that the traffic related mitigation recommended by the
project is substantially the same as that described in the 2004 EIS, with some refinements and
minor changes based on a more refined development program, project phasing and traffic
forecasts. The EIS addendum indicates all intersections would operate at or better than the levels
forecast in the 2004 EIS.
CONCLUSIONS:
ACC Chapter 18.68 provides certain criteria for approval of a rezone (or zoning map amendment):
1. The rezone must be consistent with the Comprehensive Plan.
Staff Comment
The proposed rezone by RPG Auburn Properties LLC from C3, Heavy Commercial to C4, Mixed
Use Commercial is consistent with the Auburn Comprehensive Plan as described below.
The proposed rezone is consistent with the Comprehensive Plan’s broad discussion of the purpose
of the implementing land use designation. Pursuant to Chapter 14, ‘The Comprehensive Plan Map’
of the Auburn Heavy Commercial” could be implemented by the C4 zone by Ordinance No. 6183
adopted June 16, 2008. Other approvals by the City Council reinforce this intent that the Auburn
Gateway Project be zoned C4, Mixed Commercial including Section 1 of the Development
Agreement (Resolution No. 4756), and the adoption of the Northeast Auburn Special Area Plan and
as amended (Figure 3, Exhibit C, Ordinance No. 6394Comprehensive Plan, the C4, Mixed Use
Commercial zone is an implementing zone for the “Heavy Commercial” land use designation. The
language was previously changed to recognize that “).
The stated purpose of the “Heavy Commercial” land use designation is to provide automobile-
oriented commercial areas to meet both the local and regional need for such services. This
category is intended to accommodate uses which are oriented to automobiles either as the mode or
target of providing the commercial service. Uses listed as compatible for this designation includes
a wide variety of commercial services oriented to automobiles are appropriate within this category.
This designation applies to areas which are highly accessible to automobiles along major arterials.
Generally, this category would characterize commercial strips. This designation occurs at the
intersections of heavily traveled arterials, even if adjacent sites are best suited for another
commercial designation.
The proposed rezone is also consistent with specific policy statements of the Comprehensive Plan.
Chapter 2, General Approach, provides policies regarding promotion of economic development of
ORD.A Page 107 of 907
Agenda Subject: Ordinance No. 6426, Robertson Properties Group,
Auburn Gateway 2 Rezone, Application No: REZ12-0003
Date: October 4, 2012
Page 9 of 11
regional attractions to meet the needs and goals of the community. The proposed rezone will allow
consistent zoning of the Auburn Gateway site in fulfillment of the terms of the development
agreement and the following comprehensive plan policies:
GP-7 Regional scale development shall be encouraged to provide a balance between
regional service demands and impacts placed on the City's quality of life versus the
local benefits derived from such development.
GP-29 Within areas designated for economic development, the City shall actively promote
desired types of development to assure an expanding range of employment
opportunities and to build the City's fiscal base.
GP-30 The City should seek to establish and maintain an image appropriate for the
community to assist in most effectively attracting the types of economic activities
which best meet the needs and desires of the community.
Chapter 14 of the Comprehensive Plan also contains a discussion of the Sub-Area Plans or Special
Plan Areas. The stated purpose of the designation of Special Plan areas is to allow large areas
within the City, under a single or a coordinated management, to be developed as a planned unit.
This designation can also be used to provide flexibility when there is uncertainty regarding how an
area may be most appropriately developed in the future. The special plan area designations apply
to specific areas identified as being appropriate for mixed, urban level development on a planned
basis. It is intended that the future development of these areas will be guided by individual
"elements" or “sub-area plans” of the Comprehensive Plan, to be developed and adopted at a later
date.
Chapter 14 contains the following framework language for this special plan area:
“Northeast Auburn Special Plan Area: The Northeast Auburn/Robertson Properties Special Plan
area was adopted by Ordinance No. 6183 in the Spring of 2008. The Plan was prepared in
fulfillment of the policies included in the Comprehensive Plan for the area between Auburn Way
North and the Green River, south of 277th Street (52nd Street NE) and north of approximately 37th
Street NE in the City of Auburn (Map No. 14.2). The planning area was narrowed to an area
covering approximately 120 acres, north of 45th Street NW and between Auburn Way North and the
existing I Street NE right-of-way. The Northeast Auburn/Robertson Properties Special Area Plan
focuses on proposed develop of the Auburn Gateway project area, a 60-acre group of properties
owned or under consideration for purchase by Robertson Properties Group, owners of the Valley 6
Drive-In Theater. The plan calls for a mix of office, retail, and multifamily development under a new
zoning designation (C-4, Mixed Use Commercial) for the central portion of this planning area,
created to accommodate mixed use development. The plan calls for phased development in
coordination with the provision of new roads, storm water and other utilities, and flood management
measures.”
The specific document: Special Area Plan Northeast Auburn/Robertson Properties or “sub-area
plan” of the Comprehensive Plan has been developed and adopted. The Plan was provisionally
adopted in the Spring of 2008 by Ordinance No. 6183. It was subsequently amended by the City
Council and Ordinance No. 6394 on December 5, 2011. This adopted special plan area contains
the following language which demonstrates the intent to have all of the properties of the Auburn
Gateway Project similarly zoned C4, Mixed Use Commercial:
ORD.A Page 108 of 907
Agenda Subject: Ordinance No. 6426, Robertson Properties Group,
Auburn Gateway 2 Rezone, Application No: REZ12-0003
Date: October 4, 2012
Page 10 of 11
“Creation of New Land Use District
Purpose of the C4 Mixed-Use Commercial District
The intent and objective of the C4, Mixed Use Commercial district classification and its
application is to provide for a pedestrian-oriented mix of retail, office, and multifamily residential
uses. This classification is intended to provide flexibility in design and a combination of uses that
is responsive to market demands.
This Special Area Plan is intended to be implemented only through subsequent approval of a
development agreement pursuant to RCW 36.70B.170-210 and a planned action ordinance
pursuant to RCW 43.21C.031 and WAC 197-11-164, -168, and -172.
Locational Criteria
The new mixed-use commercial district should be applied to the Auburn Gateway project area as
shown in Figure 3. This group of properties is composed of large enough parcels to
accommodate multifamily residential development that includes buffers for adjacent roads and
commercial areas and/or a wide range of commercial uses. Properties closer to the intersection
of South 277th Street and Auburn Way North may also be suitable for this zoning designation.
Specific Use and Development Standards
The uses enumerated for this zoning classification constitute a mix that accommodates
multifamily residential, retail, and office uses anticipated through a coordinated, site-specific
planning process. In order to achieve a quality of environment that is conducive to this mix of
uses, certain heavy commercial uses that are permitted in other commercial classifications are
not permitted in this district because of the potential for conflicts with residential uses.
The C4 district will allow most of the uses allowed in the C3, Heavy Commercial district, with the
exception of free-standing gas stations, light manufacturing, automobile sales, and similar uses
that could have adverse affects on residential uses if constructed in close proximity. Unlike the
C3 district, multifamily uses will be permitted outright in the C4 district. Development standards
for commercial uses in the C4 district are the same as those for commercial uses in the C3
district, except that they also include several standards for gasoline stations that are accessory to
another use, similar to those in the C2, Central Business District, zoning district. Development
standards for multifamily development in the C4 district will generally be the same as those for
the R4 district (subsequently changed to R20, Residential with minor changes to the
development standards). In order to be consistent with the Comprehensive plan policy regarding
multifamily density, a density limit of one unit per 2,000 square feet of lot area will be required,
which would result in approximately 20 units per acre.”
Rezoning the subject site to C4, Mixed Use Commercial is consistent with the Comprehensive Land
Use Map, the Auburn Comprehensive Plan policies, and implements the “Heavy Commercial” land
use designation.
2. The rezone must be initiated by someone other than the City in order for the Hearing
Examiner to consider the request.
Staff Comment
The rezone has been initiated by RPG Auburn Properties LLC, who is the property owner according
to the King County Assessor’s website.
ORD.A Page 109 of 907
Agenda Subject: Ordinance No. 6426, Robertson Properties Group,
Auburn Gateway 2 Rezone, Application No: REZ12-0003
Date: October 4, 2012
Page 11 of 11
STAFF RECOMMENDATION
Based upon the application, Findings of Fact, and Conclusions of the staff report, staff recommends that
the Hearing Examiner recommend to the City Council approval of the rezone without conditions of
approval.
HEARING EXAMINER RECOMMENDATION
After conducting a properly advertised public hearing, the Hearing Examiner issued a written
recommendation of approval on August 27, 2012.
EXHIBIT LIST
Exhibit 1 Staff Report
Exhibit 2 Ordinance No. 6426
Exhibit 3 Hearing Examiner’s decision REZ12-0003, dated August 27, 2012
Exhibit 4 Submitted Application Materials:
o Completed Application Forms
o Applicant’s Vicinity Map
o Letter Request for Rezone, Landmark Development Group, LLC, June 14, 2012.
o ALTA/ACSM Land Title Survey, Barghausen Consulting Engineers Inc., October 2, 2007
Exhibit 5 2007 Aerial Photograph
Exhibit 6 Zoning map showing existing and proposed
Exhibit 7 Notice of Application and Hearing
Exhibit 8 Affidavits of Posting and Mailing (Affidavit of Publication to be provided at Hearing)
Exhibit 9 Ordinance No. 6183, Provisionally adopting Comp Plan and Zoning amendments and
original adoption of NE Auburn/Robertson Properties Special Area Plan
Exhibit 10 Resolution No. 4756, Authorizing Development Agreement
Exhibit 11 Ordinance No. 6382, Amending City Code related to new section on Planned Actions
Exhibit 12 Ordinance No. 6394, Adopting Comprehensive Plan Amendments, Including adoption of
amendments to NE Auburn/Robertson Properties Special Area Plan, Excerpts of
Exhibit C to the Ordinance No. 6394
Exhibit 13 Addendum to NE Auburn/Robertson Properties Special Area Plan Final Environmental
Impact Statement (EIS), City of Auburn, November 2, 2012
Exhibit 14 NE Auburn/Robertson Properties Special Area Plan Final Environmental Impact
Statement (EIS), City of Auburn, July 30, 2004
Exhibit 15 NE Auburn/Robertson Properties Special Area Plan Draft Environmental Impact
Statement (EIS), City of Auburn, February 3, 2004
ORD.A Page 110 of 907
ORDINANCE NO. 6 4 2 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING THE REQUEST OF
RPG AUBURN PROPERTIES, LLC FOR REZONING OF
FOUR PARCELS TOTALING APPROXIMATELY 11 ACRES
FROM C3, HEAVY COMMERCIAL TO C4, MIXED-USE
COMMERCIAL TO IMPLEMENT THE COMPREHENSIVE
PLAN AND AMENDING THE CITY'S ZONING MAPS
WHEREAS, the City of Auburn on August 18, 1986 adopted a Comprehensive
Plan by Resolution No. 1703 which includes a Map establishing the location of the
Comprehensive Plan Land Use Designations throughout the City; and
WHEREAS, on April 17, 1995 the City of Auburn adopted Comprehensive Plan
Amendments by Resolution No. 2635 to comply with the Washington State Growth
Management Act; and
WHEREAS, the City of Auburn on September 5, 1995 reaffirmed that action by
Ordinance No. 4788; and
WHEREAS, RPG Auburn Properties LLC, the applicant, submitted a rezone
application for the Auburn Gateway 2 Project Area rezone on June 19, 2012 for four
parcels identified by parcel numbers 000220-0007, 936000-0200, 00220-0001 &
936060-0350; and
WHEREAS, the environmental impacts of proposed rezone were considered in
accordance with procedures of the State Environmental Policy Act; and
WHEREAS, after proper notice published in the City's official newspaper at least
ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on
Ordinance No. 6426
October 3, 2012
Page 1
ORD.A Page 111 of 907
August 15, 2012 conducted a public hearing on the proposed RPG Auburn Properties
LLC, Auburn Gateway 2 Rezone; and
WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard
public testimony and took evidence and exhibits into consideration; and
WHEREAS, thereafter the City of Auburn Hearing Examiner made a
recommendation to the City Council on the proposed RPG Auburn Properties LLC,
Auburn Gateway 2 Rezone; and
WHEREAS, on October 15, 2012, the Auburn City Council considered the
proposed RPG Auburn Properties LLC, Auburn Gateway 2 Rezone as recommended
by the City of Auburn Hearing Examiner; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The City Council ("Council) adopts and approves the RPG Auburn
Properties LLC, Auburn Gateway 2 Rezone from C3, Heavy Commercial to C4, Mixed
Use Commercial and directs that the rezone application and all related documents be
filed along with this Ordinance with the Auburn City Clerk and be available for public
inspection.
Section 2. The Zoning Map amendment is herewith designated as a basis for
the exercise of substantive authority under the Washington State Environmental Policy
Act by the City's responsible environmental official in accordance with RCW
43.21 C 060
Ordinance No. 6426
October 3, 2012
Page 2
ORD.A Page 112 of 907
Section 3. The Council adopts the Findings of Fact and Conclusions of Law, in
the Hearing Examiner's recommendation outlined below-
FINDINGS OF FACT
Procedural:
1 Applicant. The Applicant is RPG Auburn Properties, LLC.
2. Hearing. The Hearing Examiner conducted a hearing on the application at 5:30
p.m. at Auburn City Hall in the Council Chambers on August 15, 2012.
Substantive:
3. Site/Proposal Description. The Applicant.has requested a rezone of four parcels
totaling 11 acres from C3, Heavy Commercial, to C4, Mixed Use Commercial. The
parcels are adjacent to and will serve as an extension to the Auburn Gateway project,
which the Council approved in 2011 As depicted in the vicinity maps of Ex. 2, the
rezone area is located along the northern city limits, generally bounded by Auburn Way
N. to the west, S. 277th St. to the north, D St. NE to the east, and 49th St. NE to the
south. As shown in the rezone map, Ex. 4, three parcels are excluded from the area
bounded by the afore-mentioned streets: one parcel on the northwest corner that was
recently developed with a gas station and two parcels on the southeast corner As
proposed, the three excluded parcels are not owned by the Applicant and will retain
their C3, Heavy Commercial zoning designation.
The proposed C4, Mixed Use zoning is necessary to integrate the parcels into the
previously approved Auburn Gateway Project. The Auburn Gateway Project will be
composed of retail, office and multi-family uses. C4 authorizes all of the uses proposed
in the Auburn Gateway Project. C3 does not authorize multi-family development and,
therefore, is not consistent with the uses contemplated for the Auburn Gateway Project.
The original Auburn Gateway Project as originally approved consists of approximately
60 acres including the Valley Six Drive-in Theater and several adjacent properties that
the Applicant owns, could acquire, or could cooperatively develop. The original project
area borders the proposed rezone area to the east, across D Street NE.
The Auburn Gateway Project has a long regulatory history A Final EIS for the Auburn
Gateway Project was issued in 2004 The proposed retail/office/multi-family land use
mix for the project was identified and assessed in the EIS. On June 16, 2008 the
Auburn City Council passed Ordinance No. 6183, which amended the City's
Comprehensive Plan (map and text) and zoning ordinance (map and text). The
comprehensive plan amendment included the adoption of a sub-area plan related to the
Ordinance No. 6426
October 3, 2012
Page 3
ORD.A Page 113 of 907
development of the Auburn Gateway Project. Approval of Ordinance No. 6183 was
provisional, conditioned upon the subsequent execution of a Development Agreement
DA) and Planned Action Ordinance (PAO).
Subsequent to the adoption of the provisional comprehensive plan and rezone
amendments (Ordinance No. 6183), the Applicant acquired the four parcels subject to
the currently proposed rezone. The Applicant proposed to include the four parcels in
the Auburn Gateway Project approved in Ordinance No. 6183. The four parcels were
not part of the "Planning Area" identified in the 2004 EIS but the amount of total
proposed development will remain the same. As a result of the addition of the four
parcels, an EIS addendum was issued for the project on November 2, 2011 The
Addendum also addressed changes since the 2004 EIS in development standards,
project phasing, road network and external circumstances.
A development agreement for the Auburn Gateway Project was approved by the City
Council on November 21, 2011 This adoption served to remove the "provisional"
status of Ordinance No. 6183. The City Council thereby adopted Ordinance No. 6382,
which adopted the "Northeast Auburn Special Area Plan and Auburn Gateway Planned
Action" and amended ACC 16.06 020 to provide for a planned action process in the
city's SEPA regulations and to add a new zoning code section related to planned
actions.
The City Council subsequently amended the Northeast Auburn Special Area Plan on
December 5, 2011 to include the changes to the Auburn Gateway Project addressed in
the Noverimber 2, 2011 EIS addendum, including the addition of the four parcels that are
the subject of this rezone recommendation.
As finally delineated in the development agreement, the Auburn Gateway Project is a
single or two-phase development that will be constructed over a period of 15 years of
an approximately 70-acre site generally 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 and surrounding properties owned by RPG within the NW
and SW quarters of Section 31, Township 22 North, range 5 East, W.M. The project
would consist of the site preparation and construction of up to 1,600,000 square feet of
professional office buildings, up to 720,000 square feet of retail buildings or up to 500
multiple family dwellings or combinations thereof and associated site improvements.
The project would include associated filling and grading, including rifling of floodplain
with compensating replacement storage volume and filling and displacement of
wetlands with compensation. The project would also include the extension of utilities
and roads (I ST NE) and widening of existing roads and the installation of traffic signals
associated with street intersections.
The currently proposed rezone site contains a vacant house on 49th Street NE and
farmed fields located to the north. The site is relatively flat and slopes slightly
Ordinance No. 6426
October 3, 2012
Page 4
ORD.A Page 114 of 907
downward to the northwest. The site range ranges in elevation from 52 feet near the
SE comer to 44 feet near the NW comer
4 Characteristics of the Area. The rezone area is adjoined by farm fields to
the north, commercial and single family residential uses to the south, a drive in movie
theater to the east and a gas station, auto sales, vacant land and single-family
residential use to the west.
5. Adverse Impacts. At the hearing Jeff Catell asserted that wetlands had
been illegally filled in order to avoid environmental assessment and protection by the
City's wetland regulations. If correct, these are serious allegations that could lead to
civil or criminal liability as well as a re-assessment of environmental impacts. However,
Mr Catell's allegations are limited to the drive-in property which is located outside of the
rezone area subject to this recommendation. Despite questioning by the Examiner at
the hearing, there is nothing in the record to suggest that the filling of wetlands on the
drive-in movie property as alleged by Mr Catell would have any bearing on the
environmental impacts of developing the properties subject to this recommendation.
Consequently, although Mr Catell's assertions are certainly significant and may warrant
further investigation by the City, they are not relevant to the subject rezone application.
Mr Catell also alleged that the illegal tree removal has already occurred on the site of
the currently proposed rezone. As noted by Mr Dixon during the hearing, the City has
tree retention standards that limit the number of trees that may be removed. Any
violations of those requirements would be subject to a code enforcement action, which
is outside the purview of this rezone request.
The EIS and EIS Addendum for the Auburn Gateway Project thoroughly assess all
environmental impacts associated with the proposed rezone and accompanying
development or the rezone property as authorized in the development agreement. The
rezone on its own, from C3 to C4, would not be reasonably anticipated to generate any
significant environmental impacts, since the maximum intensity of development
permitted by the C4 zone is actually less than that of C3 The C4 zone prohibits some
highly intense commercial uses such as gas stations that are authorized in the C3 zone
and authorizes correspondingly less intense multi-family development that is prohibited
in the C3 zone.
If the impacts of the rezone are more broadly construed to encompass its role in
facilitating the development of the Auburn Gateway Project, those impacts as well are
not found to be significantly adverse. All environmental impacts are thoroughly
assessed by qualified professionals in the EIS, Ex. 12, and EIS addendum, Ex. 11 The
EIS and EIS addendum identify all mitigation measures necessary to ensure that none
of these impacts are significantly adverse. The City will be able to impose those
mitigation measures during the land use review of more specific project applications.
There is no evidence in the record that suggests that the mitigation measures
Ordinance No. 6426
October 3, 2012
Page 5
ORD.A Page 115 of 907
recommended in the environmental review documents are insufficient to mitigate all
significant adverse environmental impacts.
CONCLUSIONS OF LAW
Procedural:
1 Authority- of Hearing Examiner ACC 18.68.030(B)(1)(a) grants the Hearing
Examiner with the authority to review and make a recommendation on rezone requests
to the City Council if the planning director determines that the rezone requests are
consistent with the comprehensive plan. The planning director has determined that the
rezone request is consistent with the comprehensive plan. The comprehensive plan
map designation for the subject rezone is Heavy Commercial. Page 14-12 of the
Comprehensive Plan, as updated in Exhibit A to Auburn Ordinance No. 6183, provides
that the C4 zoning district is consistent with the Heavy Commercial comprehensive plan
map designation.
Substantive:
2. Zonind Designation. The property is currently zoned C3
3. Case Law Review Criteria.and.Application. The Auburn City Code does
not include any criteria for rezone applications. Washington appellate courts have
imposed some rezone criteria, requiring that the proponents of a rezone must establish
that conditions have substantially changed since the original showing and that the
rezone must bear a substantial relationship to the public health, safety, morals or
welfare. See Ahmann-Yamane, LLC v Tabler, 105 Wn. App 103, 111 (2001). If a
rezone implements the Comprehensive Plan, a showing that a change of circumstances
has occurred is not required. Id. at 112.
The proposed rezone clearly meets the judicial criteria for a rezone. A change in
circumstances does not have to be established since the proposed rezone implements
the Comprehensive Plan. Ordinance 6394 amended the Comprehensive Plan in
November, 2011 in order to provide that C4 zoning was contemplated for the properties
subject to this rezone request in order to enable the mixed use development authorized
by the development agreement adopted in November, 2011 The C4 rezone is further
necessary to enable the Auburn Gateway Project as planned for in the Northeast
Auburn Special Area Plan, which is a part of the Comprehensive Plan. Multi-family
housing is one of the uses contemplated in the Special Area Plan and this type of use is
not authorized under the current G3 zoning but is authorized by the proposed C4
zoning.
Ordinance No. 6426
Ocfober 3, 2012
Page 6
ORD.A Page 116 of 907
The rezone bears a substantial relationship to the public health, safety, morals and
welfare because it will not result in any significant adverse environmental impacts while
at the same time furthering economic development in the City of Auburn.
DECISION
The Hearing Examiner recommends approval of REZ12-0003.
Section 4. Upon the passage, approval, and publication of this Ordinance as
provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be
recorded in the office of the King County Recorder
Section 5. If any section, subsection, sentence, clause, phrase or portion of
this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason
held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not
affect the validity of the remaining portions thereof
Section 6. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 7. 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-
Peter B. Lewis
MAYOR
Ordinance No. 6426
October 3, 2012
Page 7
ORD.A Page 117 of 907
ATTEST
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
r-
Daniel B. Heid,
City Attorney
Published:
Ordinance No. 6426
October 3, 2012
Page 8
ORD.A Page 118 of 907
CITY Or 4
Exhibit 3, Number of Pages 11
AD-BURN Peter B. Lewis, Mayor
WASHINGTON 25 West Main Streot * Auburn WA 98001-4998 * www.auburnwo.gov * 253-931.3000
August 31, 2012
i
Via Certified Mail
Tamara L. Thompson
Landmark Development Group, LLC
2462 East Sunshine Drive
Boise, ID 83712
I
Re: Application No. REZ12-0003/ Rezone
RPG Auburn Properties, LLC—Auburn Gateway 2
Dear Ms. Thompson:
Attached is the Hearing Examiner's official recommendation regarding your request that was
considered on August 15, 2012. Provided that the City does not receive a request for
reconsideration, the City Council will consider your request on October 15, 2012 in the City
Council Chambers at 7:30 p.m.
Your land use posting board sign must stay posted until completion of the City Council action
period as stated in this document.
You or a representative are requested to be at that meeting to answer any questions the City
Council might have regarding your proposal.
If you have any questions regarding the attached, please give me a call at (253) 804-5033.
Sincerely,
Jeff axon
Principal Planner
Planning and Development Department
HT/bh
CORR12-330
Attachment
cc: Planning Director(w/encl.)
Public Works Director(w/encl.)
City Clerk(w/encl.)
RPG Auburn Properties (w/encl.)
AUBURN a MORE THAN YOU IMAGINEDORD.A Page 119 of 907
Findings of Fact and Recommendation
Application No. REZ12-0003
August 31, 2012
Page 2
REQUEST FOR RECONSIDERATION
Any party of record who feels the decision of the Examiner is based on error of procedure, fact
or judgment, or the discovery of new evidence may fie a written request for reconsideration
with the Hearing Examiner no later than September 7, 2012 by 5:00 p.m. Reconsideration
requests should be addressed to: Hearing Examiner, 25 West Main Street, Auburn, WA
98001-4998.
ORD.A Page 120 of 907
Findings of Fact and Recommendation
Application No. REZ12-0003
August 31, 2012
Page 3
CITY COUNCIL ACTION
This decision of the Hearing Examiner is a recommendation to the City Council and will be
considered by the Council at their October 15, 2012 meeting. At the October 15, 2012
meeting, the Council may either affirm the Examiner's recommendation, remand the decision
back to the Examiner, or schedule a closed record public hearing.
i
i
ORD.A Page 121 of 907
I
BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
2
Phil Olbrechts,Hearing Examiner
3
RE. Auburn Gateway 2 Rezone
4 FINDINGS OF FACT,CONCLUSIONS
5
REZ12-0003 OF LAW AND RECOMMENDATION.
6
INTRODUCTION
7
The Applicant has requested a rezone of four parcels totaling 11 acres from C3,
8 Heavy Commercial, to C4, Mixed Use Commercial as an addition to the Auburn
9 Gateway Project. Approval of the rezone is recommended.
10 ORAL TESTIMONY
11 Jeff Dixon, City of Auburn Principal Planner, testified that the application is to
12
rezone four parcels totaling 11 acres from C-3 (heavy commercial ) to C-4 (mixed-
use commercial). The request includes three parcels which are currently vacant and
13 one parcel that contains a single family house. The house is at 219 49th Street SE. It
is in the northwest corridor of section 31, township 2, Auburn. The staff report
14 identifies the parcel numbers associated with the project and the zoning
comprehensive plan designations. The requested rezone is sought in order to make all
15 of the properties under the Applicant's ownership have the same zoning designation
16
for future joint development. The Applicant has other properties that have previously j
been rezoned C-4. An additional reason for the request is to satisfy a previous
17 development agreement that was approved by the city under resolution 4756.i
18 Mr. Dixon testified that the staff report details the history of site approvals for these
11 acres and the associated 60 acres under the Applicant's control. In 2004, the city j
19 issued a draft and final environmental impact statement (EIS) for development of
20 approximately 60 acres that includes the Valley 6 Drive-in Theater site. The staff
report details the three development alternatives that were analyzed in the statement.
21 The project was recognized by the city as being vested to the city's development
agreements under Chapter 14.21 ACC. This chapter was subsequently repealed by
22 the city council. In June 2008, the City Cquncil approved ordinance 6183 which
provisionally approved comprehensive plan and zoning ordinance amendments for
23 the Auburn Gateway Project. The ordinance also provisionally approved a subarea
24 plan for the same property The approvals were provisional in that they didn't
become effective until a development agreement was also approved by the city
25 During the development agreement approval process, several changes occurred
including the Applicant acquiring an additional 11 acres of property that they wanted
to include in their project. An addendum to the EIS was added in November, 2011
exhibit 11). The staff report summarizes the analysis contained in the addendum to
Rezone P. 1 Findings, Conclusions and Decision
ORD.A Page 122 of 907
the EIS which included evaluation of impacts around the additional acreage. The
I City Council approved the development agreement by resolution 4756 and planned
2
action ordinance 6382 in November,2011 (exhibits 8 and 9). The city code describes
the process for zoning code map amendments in 18.68. The staff report gives
3 analysis of these code provisions. The conclusions section of the staff report
describes how the rezone must be consistent with the city's comprehensive plan-. The
4 request is compared with the purpose statement of the special area plans (the NE
Auburn special area plan). The requests have been not been initiated by the city;
5 instead, they were initiated privately Staff is recommending that the hearing
6 examiner recommend approval of the request to the City Council.
7 On page 2 of the staff report, Mr. Dixon noted that the grid incorrectly labels the
surrounding area to the east of the property as C-3. The eastern area is now
8 designated C-4. C-4 allows for the inclusion of residential development. There are
privately owned properties adjacent to the subject site that would remain a C-3
9 designation. These other properties are developed and include gas stations and a car
10 wash. Staff didn't feel it was reasonable to adjust those properties zonings when they
were already developed. Additionally, there is a new building on one of the
11 properties at the southeast corner which is a multi-tenant building that is not being
rezoned. The special area plan discusses the city rezoning these areas in the future.
12 In response to questions from the Examiner, Mr. Dixon noted that the three
intersections (identified on page 54 of the EIS addendum) will operate at LOS F
13 regardless of the proposal. Certain intersections are outside of the city All of the
14 mitigation measures in the EIS are incorporated into the planned action ordinance.
This rezone is necessary to implement the comprehensive plan for the northeast
15 Auburn area.
16 Applicant Testimony
17 Tamara Thompson, representing Robertson Property Group, stated that the I 1 acres
18 were recently acquired by the Applicant. The Applicant would like to bring all of
their property under a single designation in order to coordinate future development.
19 The development agreement passed in 2011 also requires the property to be rezoned.
20 Public Testimony
21 Jeff Cattell stated that he is a private citizen. He noted that he has worked at the
22 Valley 6 Drive-In for over seventeen years. According to Mr. Cattell, two people
came to the drive-in property and informed Mr. Cattell that they were checking to
23 ensure no environmental resources would be damaged. Mr. Cattell showed the two
individuals the property At that time, there were intermittent streams that ran with
24 water during fall, spring, and summer on the property There were small fish and
25 other wildlife in these streams. Additionally, a bald eagle nested on the property and
there was a family of red-tail hawks on the property Two weeks after the individuals
explored the property, one of the individuals returned and filled in all of the streams.
The streams were filled in before the EIS was completed in 2004. The level at the
Rezone p. 2 Findings,Conclusions and Decision
ORD.A Page 123 of 907
back driveway was also raised so that no water can flow back to the wetlands from
I the property Now, there is flooding on the property because the water cannot run-
t off. These changes were made in order for the owners to say there were no wetlands
on the property Instead, they ended up destroying large numbers of wetlands. Mr.
3 Cattell believes laws were violated in order to avoid having to address the existing
wetlands in the EIS for the project. He also noted that several large, old trees were
4 recently cut down. The proPery is being destroyed before the state can review it. He
was unable to find out where the public meetings were during the previous approval
5 process. Nature thrives on the property and should be protected. The drive-in is very
6 popular among Auburn citizens. It still functions as a useful part of the community
and is one of the last drive-ins in Washington.
7
Mr. Cattell stated that the tree removal happened around one week prior to the
8 hearing. The area east of D Street had a ditch that used to run with fish that was
filled. The ditch used to run into the Green River along 277th Street. The EIS
9 happened too late to protect the wetlands on the property The property thrives with
10 wildlife including frogs, red tail woodpeckers, golf finches, newts, salamanders, and
many more creatures.
11
Staff Rebuttal
12
Jeff Dixon stated that the city completed investigations of the property done in 2004.
13 Efforts were made by recognized and notable consulting firms to do wetland
14 investigations of the property for the purpose of the EIS. Figure 3 on page 25 of the
draft EIS shows some of the wetlands on the property(and adjacent). There are some
15 significant undeveloped properties to the east. One of these properties was developed
8-10 years ago as a significant wetland mitigation site adjacent to the Green River.
16 The recent tree removal occurred on the 11 acres of the currently proposed rezone
17
site. The 2004 EIS is for the properties east of D St as part of the Auburn Gateway
Project,not the current Auburn Gateway 2 project currently under consideration. The
18 11 acres are west of D Street. The city has criteria about tree removals, but they do
not pertain to the age of the tree. The tree provisions allow for up to 6 trees per acre
19 per year to be removed. The city ensured to the best of its ability that there were no
nests being removed with the trees. The only connection between Gateway 1 and
20 Gateway 2 are the roadside ditches on the south side of 277th Street. The Department
21
of Fish and Wildlife decided to treat a portion of the ditch on 277th Street as a stream.
22 Mr. Dixon stated that the property discussed by Mr. Cattell mostly consists of the
graveled drive-in bays. Most of the development happening in the east is occurring
23 where the graveled theater bays already exist.
24 Applicant Rebuttal
25 Tamara Thompson stated that, in 2004, a wetland consultant worked with the Army
Corp of Engineers. During this time, wetlands B and C were delineated by the Corp
to have a buffer enhancement. All of the changes were approved by the Corp of
Rezone p. 3 Findings, Conclusions and Decision
ORD.A Page 124 of 907
Engineers. In the EIS addendum, on page 27, there is a wetlands map of the theater
I property noting the various delineations. The tree removal is occurring to clean-up
2
the site.
3 EXHIBITS
4 Exhibits 1-13 identified in the Exhibit List at Page 11 of the staff report on this
5
application,dated July 11,2012, are admitted.
6
FINDINGS OF FACT
7 Procedural:
8 1 Applicant. The Applicant is RPG Auburn Properties, LLC.
9 2. Hearing. The Hearing Examiner conducted a]tearing on the application at
10 5:30 p.m. at Auburn City Hall in the Council Chambers on July 12,2012.
11 Substantive:
12 3. Site/Proposal Description. The Applicant has requested a rezone of four
13 parcels totaling 11 acres from C3, Heavy Commercial, to C4, Mixed Use
Commercial. The parcels are adjacent to and will serve as an extension to the Auburn
14 Gateway project, which the Council approved in 2011 As depicted in the vicinity
maps of Ex. 2, the rezone area is located along the northern city limits, generally
15 bounded by Auburn Way N. to the west, S. 277`s St. to the north,D St.NE to the east,
16
and 49"' St. NE to the south. As shown in the rezone map, Ex. 4, three parcels are
excluded from the area bounded by the afore-mentioned streets: one parcel on the
17 northwest corner that was recently developed with a gas station and two parcels on
the southeast corner. As proposed, the three excluded parcels are not owned by the
18 Applicant and will retain their C3 zoning designation.
19 The proposed C4 zoning is necessary to integrate the parcels into the previously
20 approved Auburn Gateway Project. The Auburn Gateway Project will be composed
of retail, office and multi-family uses. C4 authorizes all of the uses proposed in the
21 Auburn Gateway Project. C3 does not authorize multi-family development and,
therefore, is not consistent with the uses contemplated for the Auburn Gateway
22 Project.
23 The original Auburn Gateway Project as originally approved consists of
24 approximately 60 acres including the Valley Six Drive-In Theater and several
adjacent properties that the Applicant owned, could acquire, or could cooperatively
25 develop. The original project area borders the proposed rezone area to the east,
across D Street NE.
Rezone p.4 Findings, Conclusions and Decision
ORD.A Page 125 of 907
The Auburn Gateway Project has a long regulatory history A final EIS for the
I Auburn Gateway Project was issued in 2004. The proposed retail/office/multi-family
2
land use mix for the project was identified and assessed in the EIS. On June 16,2008
the Auburn City Council passed Ordinance No. 6183, which amended the City's
3 Comprehensive Plan (map and text) and zoning ordinance (map and text). The
comprehensive plan amendment included the adoption of a sub-area plan related to
4 the development of the Auburn Gateway Project. Approval of Ordinance No. 6183
was provisional, conditioned upon the subsequent execution of a Development
5 Agreement(DA)and Planned Action Ordinance(PAO).
6
Subsequent to the adoption of the provisional comprehensive plan and rezone
7 amendments(Ordinance No. 6183), the Applicant acquired the four parcels subject to
the currently proposed rezone. The Applicant proposed to include the four parcels in
8 the Auburn Gateway Project approved in Ordinance no. 6183. The four parcels were
not part of the "Planning Area" identified in the 2004 EIS but the amount of total
9 proposed development will remain the same. As a result of the addition of the four
10 parcels, an EIS addendum was issued for the project on November 2, 2011 The
Addendum also addressed changes since the 2004 EIS in development standards,
I I project phasing,road network and extemal circumstances.
12 A development agreement for the Auburn Gateway Project was approved by the City
13
Council on November 21, 2011 This adoption served to remove the "provisional"
status of Ordinance No. 6183, The City Council thereby adopted Ordinance No.
14 6382, which adopted the"Northeast Auburn Special Area Plan and Auburn Gateway
Planned Action" and amended ACC 16.06.020 to provide for a planned action
15 process in the city's SEPA regulations and to add a new zoning code section related
to planned actions.
16
17 The City Council subsequently amended the Northeast Anbum Special Area Plan on
December 5,2011 to include the changes to the Auburn Gateway Project addressed in
18 the November 2, 2011 EIS addendum, including the addition of the four parcels that
are the subject of this rezone recommendation.
19
As finally delineated in the development agreement,the Auburn Gateway Project is a
20 single or two-phase development that will be constructed over a period of 15 years of
21 an approximately 70-acre site generally 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
22 the Valley 6 Drive-In Theater site and surrounding properties owned by RPG within
the NW and SW quarters of Section 31,Township 72 North,range 5 East, W.M, The
23 project would consist of the site preparation and construction of up to 1,600,000
square feet of professional office buildings, up to 720,000 square feet of retail
24 buildings or up to 500 multiple family dwellings or combinations thereof and
25
associated site improvements. The project would include associated filling and
grading, including filling of floodplain with compensating replacement storage
volume and filling and displacement of wetlands with compensation. The project
would also include the extension of utilities and roads (I ST NE) and widening of
Rezone P. 5 Findings,Conclusions and Decision
ORD.A Page 126 of 907
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The EIS and EIS addendum identify all mitigation measures necessary to ensure that
1 none of these impacts are significantly adverse. The City will be able to impose those
2 mitigation measures during the land use review of more specific project applications.
There is no evidence in the record that suggests that the mitigation measures
3 recommended in the environmental review documents are insufficient to mitigate all
significant adverse environmental impacts.
4
CONCLUSIONS OF LAW
5
6 Procedural:
7 1 Authority of HearinP Examiner. ACC 18.68.030(B)(1)(a) grants the
Hearing Examiner with the authority to review and make a recommendation on
8 rezone requests to the City Council if the planning director determines that the rezone
9
requests are consistent with the comprehensive plan. The planning director has
determined that the rezone request is consistent with the comprehensive plan. The
10 comprehensive plan map designation for the subject rezone is Heavy Commercial.
Page 14-12 of the Comprehensive Plan,as updated in Exhibit A to Auburn Ordinance
11 No. 6183, provides that the C4 zoning district is consistent with the Heavy
12
Commercial comprehensive plan map designation.
13 Substantive:
14 2. Zoning Designation. The property is currently zoned C3
15 3, Case Law Review Criteria and Application. The Auburn City Code does
16 not include any criteria for rezone applications. Washington appellate courts have
imposed some rezone criteria,requiring that the proponents of a rezone must establish
17 that conditions have substantially changed since the original showing and that the
rezone must bear a substantial relationship to the public health, safety, morals or
18 welfare. See Ahmann-Yamane, LLC v. Tabler, 105 Wn. App. 103, Ill (2001). If a
rezone implements the Comprehensive Plan, a showing that a change of
19 circumstances has occurred is not required. Id. at 112.
20 The proposed rezone clearly meets the judicial criteria for a rezone. A change in
21 circumstances does not have to be established since the proposed rezone implements
the Comprehensive Plan. Ordinance 6394 amended the Comprehensive Plan in
22 November, 2011 in order to provide that C4 zoning was contemplated for the
properties subject to this rezone request in order to enable the mixed use development
23 authorized by the development agreement adopted in November, 2011. The C4
24 rezone is further necessary to enable the Auburn Gateway Project as planned for in
the Northeast Auburn Special Area Plan, which is a part of the Comprehensive Plan.
23 Multi-family housing is one of the uses contemplated in the Special Area Plan and
this type of use is not authorized under the current C3 zoning but is authorized by the
proposed C4 zoning.
Rezone p. 7 Findings, Conclusions and Decision
ORD.A Page 128 of 907
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Exhibit 4
Number of Pages 9
cnror CITY OF AUBURN OFFICE US€ ONL
AUBURN Planning&Development Department FILE#' R.P 7 1 a f/h
WASHINGTON A ty Hall Annex,2ntl Floor FILE NAME:
M In Street
G!
ashington 980014908 TYPE. RECEIVED BY*
P'\ el:253.931.3090 FEES PAID: CHECK/CASH:VV Fez:253.804.3114 SUBMITTAL DATE:s(W9lcenler(aauburnWa.aov
LAND USE DESIGNATION:1i'a u rnwa nov
T.Iati
aEP REZONE APPLICATION
ole
APPLICANT r Use malting- ss or m etin notification. Check box if Primary Contact
COMPANY KDM 1, 94, 61emLr
ADDRESS:
CITY,STATE,ZIP) C
PHONE: D- FAX._I Z - E-MAIL. Wt&t2A.0aU0 re OvAO.Colbt
SIGNATURE:PRINTED NAME: 01r+" W A'AN/I-AkA
Signature Required)
APPLICANT'S REPRESENTATIVE: eck box.if Primary Contact j
COMPANY
ADDRESS: 2 no
CITY,STATE,ZIP)
PHONE:U2-342-4s1(vFAX. Zug-211- 9Sa 1 E-MAIL.
SIGNATURE%" Qtki aA - C.1 'PRINTED NAME:
dWgvoW,pprteWtPI ?Nnlnn PSbl l
C_&Vg eture Re fired)
PROPERTY OWNERS . r Attach separates et if needed. Check box if Primary Contact
COMPANY- ("CA
ADDRESS: I Iva
CITY,STATE,ZIP) 9QCR6
PHONE:31b455--$4554 E-MAIL.jWtalttLVl4f.CiJ rehTrL1
SIGNATURE: PRINTED NAME:
Signature Required)
Note:Applicant or representative must have property owner's consent to file this application form in order for It
to be accepted
PROPERT Y-INFORMA_TION (REQUIRED)
SITE ADDRESS: ZI C 4o
1-• G
aF
W
SLIPTE•(`1
Q
In Nl ee,
ASSESSOR'S PARCEL IDp ZONING D STRICT
2 - ()6D-7
000 PROPOSE USE OF SITE:
Cl 5 fpWai)-D AA A
11AU-t-H ILA
AREA TO DEVELOPED(s.f.): 19'(09 ±
4
ORD.A Page 130 of 907
i
CITY OF AUBURN REZONE
a°"°' APPLICATION
AiY'WASH Piannlrp a
Hall Anna. ""boar
enl
T WnsHiHO7oN Auburn Clq Hell Mnea,9a Floar
i Eastmain Street
Auburn,washington 00001.1008
Tel:203.031.3000
Fea:203.804.3174
warnicanterMouburnwo.noy
vAw auIw m nn!I
REZONE - LETTER OF AUTHORIZATION
A copy of this letter must be submitted for each property owner Involved)
I, Jill Saoerstein declare under penally of perjury under the
laws of the Slate of Washington as follows;
1. I em the owner of the properly that is the subject of the aill cello .
M S 64voUlP
2.1[ j have not appointed anyone,or V4 have appointed ftud L0-%.u414a4 VNI110 OJ4tC4
to act as my agent regarding this application. trot
3.All statements, answers,and Information submitted with this application are true and correct to
the best of my knowledge and belief.
4. 1 agree to hold the City of Auburn harmless as to any claim (including costs, expenses and
attorney's fees Incurred in the Investigation of such claim)which may be made by any person,Including the undersigned,and filed against the City of Auburn,but only where such claim arisesoutoftherelianceoftheCity, ,including Its officers and employees, upon the accuracy of the
Information provided to the City as part of this application.
5. 1 hereby grant permission for representatives of the City of Auburn and any other Federal,State, or local unit of governm t with regulatory authority over the project to enter onto my
property to Inspect the prop y, take photographs, and post public notices as required In
connection with review of t application and for compliance with the terms and conditions of
permits end ovals I d to a project.
I
v
II S raisin as secretary f
20 Real Estate Company,Inc.
a Hawaii corporation,as the manager of
619112 Los Angeles,CA
RPG AUBURN PROPERTIES,LLC, Date City and State where signed
a Delaware limited liability company
120 N.Robertson Blvd.3rd Floor
Los Angeles CA 90048
Address
I
6
ORD.A Page 131 of 907
i
i
I
H_I 120 REAL ESTATE COMPANY,INC.
Officer's Certificate
The undersigned,John Manavian,is the,Vice President of HI 120 REAL ESTATE
COMPANY,INC.,a corporation organized and existing under the laws of the State of
Hawaii (the"Company'),and does hereby certify on behalf of the Company that:
i
1. The Company is the sole member of RPO Auburn Properties,LLC,a Delaware
limited liability company(the"LLC"),and the Company is authorized to manage the business
of the LLC and to execute any and all documents on behalf of the LLC.
2. As evidenced by the resolutions adopted by the Director of the Company,dated
March 24,2011,attached hereto as EXHIBIT A and incorporated herein by this reference,
John Manavian,the undersigned,was elected to serve as Vice President,and Jill E.
Saperstein,was elected to serve as Secretary of the Company,and both individuals currently
hold such offices as of this date.
3. Jill E. Saperstein,in her capacity as Secretary of the Company,has full authority to
execute any and all documents on behalf of the LLC,including,but not limited to any and all
documents,agreements,statements,settlements and instruments in connection with that
certain real property owned by the LLC which is located in City of Aubwn,State of
Washington,and is commonly known as the Auburn Gateway Property I
IN WITNESS WHEREOF,the undersigned Las,on behalf of the Company,hereunto
set his hand as of this 141a day of May,2012.
Jonavian,as Vice President
of HI 120 Real Estate Company,
Inc.,as the sole member of RPG Auburn
Properties,LLC
I
i
7086min,Aubum ealcerCen
ORD.A Page 132 of 907
i I
EXHIBIT A
WRITTEN CONSENT
OF
THE SOLE DIRECTOR OF
I
HI 120 REAL ESTATE COMPANY,INC.
I
The undersigned,being the sole duly elected and acting Director of M 120 REAL
ESTATE COMPANY, INC, a Hawaii corporation (the "Corporation', pursuant to
applicable state laws, hereby takes the following actions and adopts the following
resolutions:
RESOLVED, that In lieu of the annual meeting of the Board of Dhectors, the
following be, and they hereby are, elected as officers of the Corporation, to serve in the
positions set forth opposite their respective names, at the discretion of the Board of
Directors,until their successors ate duly elected:
Christopher S.Forman—President
Jeff Koblentz-Chief Financial Officer
Bryan Ungard—Vice President
Jeff Koblentz—Vice President
James D. Vandever-Vice President
Terri Shimehara—Vice President
Mark Weinstock—Vice President
Nora Dashwood—Vice President
John Maoavian—Vice President
Pascal Codstar—Treasurer
Jill E.Saperstein—Secretary
RESOLVED,that all actions heretofore taken by the officers of the Corporation are
hereby ratified,confirmed and approved,
Dated: March 24,2011
Christopher 8,Forman
t
i
7081.min.Aubum 011rwr Cert
ORD.A Page 133 of 907
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w ,landmark
T tlevolopment group, H.0
I
June 14,2012
Jeff Dixon
Principal Planner j
Planning and Development
25 West Main Street
Auburn, WA 98001-4988
Re: Rezone application—219 49th St.NE—4 parcels
Dear Mr. Dixon,
Attached to this letter is a rezone application for four parcels located generally at 219 40
St.NE. More specific the parcels are: 000220-0007,936000-0200,000220-001,and
93606-0350. These parcels are located west of D St.NE, south of S.2771h St.,north of
Wh St.NE,and east of Auburn Way North. The combined size of these parcels is
approximately 11 acres.
The current zoning of these parcels is C3. We respectfully request to rezone the above
referenced parcels to C4 Mixed Use Commercial,which is required under City
Resolution No. 4756 and consistent with the City's comprehensive plan and the adopted
NE Auburnaobertson Properties Special Area Plan Environmental Impact Statement and
associated Addendum.
Thank you in advance for your time and consideration. We look forward to working with
the City to rezone these properties.
Sincerely,
Tamara Thompson
Landmark Development Group, LLC
2462 Sunshino Drive Boise, ID 83712 office 208.342 4616 fax: 208.342.4515 vNror.landmarkdcv0roup.mm
ORD.A Page 135 of 907
ICI
I
I
LEGAL DESCRIPTION
PARCEL A
i
THE
COUNTY. WASHINGTON,
FEE, OE THE FIST 110 FEET Of THAT PORTION OF W. A COX DO NATION CLAM IIOS 36 AND 43, IN KING iCOUNTY, WASHNGTON, DESCRIBED AS FOLLOWS:
BEGNNING AT THE NORTHEAST CORNER OF THE WHITE RIVER VALLEY HOME TRACTS;
THENCE SOUTH ALONG EAST NNE 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 NORM 809.4.FEET TO NORM LINE OF DONATION CLAA1;
THENCE WEST 258.2 FEET TO BEGINNING;
EXCEPT STATE ROAD NO. 5;
AND EXCEPT ANY PORTION LYING WITHIN ME RIGHT OF WAY FOR 49TH STREET NORTHEAST.
PdBCEL9:
THAT PORTION OF LOT 32, WHITE RP/ER VALLEY N, L TRACTS ACCORDING TO RI PLAT THEREOF. RECORDED IN VOLUME 13 OFPU75ATPACE17. IN KWG COUNTY, WASHINGTON, ZINC NORTHEASTERLY OF PRIMARY STATE HIGHWAY N0. 5;
EXCEPI.THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED AUGUST 18, 1964 UNDER RECORDING NO.
5775470.
PARCEL C:
THAT PORTION OF THE EAST HALF OF THE W. A COX DONATION LAND CLAM 01 SECTION 31, TOWNSHIP 22 NORM, RANGE 5
FAST, W. M. IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING 1,454.4 FEET WEST OF THE NORTHEAST CORNER OF SAID W. A. COX DONATION LAND CWM;
THENCE SOUTH 843.64 FEET;
THENCE WEST 258.06 FELT;
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 NORM OF THE
SOUTHEAST CORNER THEREOF;
THENCE SOUTH ALONG SAID EAST LINE 312 FEET;
THENCE WEST ALONG THE SOUTH LINE OF SAID ABOVE DESCRIBED 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 ROM PURPOSES IN KNIG COUNTY SUPERIOR COURT CAUSE NO. 85322;
ALSO EXCEPT THAT PORTION, IF ANY, LYING WITHIN THAT CERTAIN TRACT OF LAND CONVEYED TO DAVE HILL ACID BRIDGE, HILL,
HUSBAND AND WIFE. BY DEED RECORDED 01 VOLUME 469 OF DEEDS, PAGE 605, RECORDS OF KING COUNTY;
ALSO EXCEPT THAT PORTION, IF ANY, LING WITHIN SOUTH 277TH STREET (52ND STREET NORTHEAST);
BEING KNOWN AS A PORTION OF TRACT 46, WHITE RIVER VALLEY HOME TRACTS NO. 2, ACCORDING TO THE UNRECORDED PUT
THEREOF).
PARCELD,
THAT PORTION Of THE W. A COX DONATION LAND CLAIM COOS. 38 AND 43, IN KING COUNTY, WASHINGTON. DESCRIBED AS
FOLLOWS
BEGINNING AT THE NORTHEAST CORNER OF WHITE RIVER VALLEY HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 13 OF PUTS, 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 FAST LINE OF SAID TRACT 32;
THENCE NORTH 809.4 FEET TO NORM LINE OF DONATION CLNfi.
THENCE WEST 2582 FEET TO BEGINNING:
EXCEPT STATE ROAD NO. 5;
AND EXCEPT THE SOUTH 200 FEET OF ME EAST 110 FEET THEREOF-
AND EXCEPT ANY PORTION LING WITHIN THE RIGHT OF WAY FOR 49TH STREET NORTHEAST
AND EXCEPT ALL THAT PORTION OF THE FOLLOWING DESCRIBED TRACT OF LAID LUNG SOUTHWESTERLY OF A LINE DRAWN 15.2
FEET RADIALLY FROM A POINT 52 FEET NORTHEASTERLY OF STATION 122+63 OF AUBURN WAY NORTH AND EXTENDING FROM THE
NORTH LIVE OF 49TH STREET NORTHEAST TO A POINT OPPOSITE STATION 122+72 (AND AS CONVEYED TO THE CITY OF AUBURN
BY DEED RECORDED UNDER 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 RIVER VALLEY HOME TRACTS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 13 OF PLATS, PAGE 17, IN COUNTY, WASHINGTON;
THENCE SOUTH AGOG EAST LINE TO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION;
THENCE EASTERLY TD A POINT 258.2 FEET EAST OF EAST LINE OF SAID TRACT 32;
THENCE NORM 809.4 FEET TO NORM LINE OF DONATION CLAIM;
THENCE WEST 258.2 FEET TO BEGINNING;
SITUATE IN KING COUNTY, WASHINGTON.
ORD.A Page 136 of 907
ORD.A Page 137 of 907
ORD.A Page 138 of 907
REZ12-0003, 2007 aerial photo
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
7/19/2012
ORD.A Page 139 of 907
D ST NE
4 9 T H S T N E
49T H ST NE
A
U
B
U
R
N
W
A
Y
N
S 277TH ST
Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy.
Map ID: 4034
REZ12-0003 - Proposed Zoning Designation
0 50 100 150 200 250
FEET
D ST NE
49T H ST NE
4 9 T H S T N E
A
U
B
U
R
N
W
A
Y
N
S 277TH ST
A
U
B
U
R
N
W
A
Y
N
Existing Zoning
Proposed Zoning
C3 Heavy Commercial District
C4 Mixed Use Commercial
I Institutional Use District
M1 Light Industrial District
Auburn City Limits
Parcels
EXISTING
PROP OSED
Printed On: 7/23/2012
ORD.A Page 140 of 907
NOTICE OF APPLICATION & HEARING
This notice is to inform you that the City of Auburn has received the following application
that may be of interest to you. The application may be reviewed at the City of Auburn
Department of Planning and Development, 1 East Main Street, 2nd floor, Auburn, WA,
98001.
Nature of Project or Request: Rezoning of four parcels totaling approximately 11
acres from C3, Heavy Commercial to C4, Mixed-Use Commercial
Location: 219 49th St NE, Generally south of S 277th ST, east of Auburn Way N, north
of 49th St NE and west of D ST NE; the site is within the NW quarter of Section 31,
Township 22 North, Range 5 East, W.M. King County, WA. Parcel Nos: 000220-0007,
936000-0200, 00220-0001 & 936060-0350
Application Date: June 19, 2012
Date of Notice of Completeness: July 17, 2012
Date of Notice of Application: July 30, 2012
File No: REZ12-0003
Applicant: Tamara Thompson, (Agent), Landmark
Development Group on behalf of RPG Auburn
Properties, LLC
In addition to the rezone application, on November 2, 2011 the City issued an addendum
to a previous NE Auburn/ Robertson Properties Final Environmental Impact Statement
(EIS) SEP02-0008. The review process for approval of the proposal may include
requiring mitigation measures under applicable codes and imposition of mitigation
measures regardless of whether an Environmental Impact Statement (EIS) is prepared.
This may be your only opportunity to comment on the environmental impacts of
the proposal.
Other Permits Required: No other permits are required prior to the decision on the
rezone application; however, subsequent development will be required to obtain all
necessary permits or approvals that may include subdivisions, grading, facility
extensions and building permits.
Additional Studies Provided with the Application:
Letter Request for Rezone, Landmark Development Group, LLC, June 14, 2012.
ALTA/ACSM Land Title Survey, Barghausen Consulting Engineers Inc., October 2, 2007
Addendum to NE Auburn/Robertson Properties Special Area Plan Final Environmental Impact
Statement, City of Auburn, November 2, 2012
NE Auburn/Robertson Properties Special Area Plan Final Environmental Impact Statement, City of
Auburn, July 30, 2004
NE Auburn/Robertson Properties Special Area Plan Draft Environmental Impact Statement, City of
Auburn, February 3, 2004
ORD.A Page 141 of 907
Public Comment Period: You are invited to comment, request a copy of the
decision, when available, and be made aware of any appeal rights. Comments
must be received in writing by the Auburn Department of Planning and Development
at the mailing address: 25 West Main, Auburn, WA 98001-4998 and located at: 1
East Main Street, Auburn WA 98001 before 5:00 p.m. on August 13, 2012 (15 days)
or presented at the public hearing.
Public Hearings: A Hearing Examiner public hearing is required for the rezone
application and is scheduled for 5:30 PM on August 15, 2012 in the Council Chambers
at 25 West Main Street, Auburn WA 98001.
Statement of Consistency and List of Applicable Development Regulations: This
proposal is subject to and shall be consistent with the City of Auburn Comprehensive
Plan, Zoning Code, Surface and Stormwater Management Ordinance, Street & Utility
Standards, International Building & Fire Codes.
Proposed Mitigation Measures: No mitigation measures are proposed associated with
the rezone decision. However, mitigation measures have already been made
requirements of the related Planned Action decision (Ordinance No. 6382).
If you have further comments or questions related to this application, you may contact
Jeff Dixon, Principal Planner at (253) 804-5033 or jdixon@auburnwa.gov If you call or
write, please reference File No. REZ12-0003.
For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this
hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of
service or equipment needed. Each request will be considered individually according to the type of
request, the availability of resources, and the financial ability of the City to provide the requested services
or equipment.
^ North
ORD.A Page 142 of 907
ORD.A Page 143 of 907
C117Y OF
RNjA- B U
WAS IJ I N GTO) N
LI
th
Ocati'lofn
1: 219 49 St NE, Generally south of S 277th ST, east, of Auburn Way N, norlthm
of 49th, St NE and west of D S,T'N',E,,, The siteis within thfe NW quarter of'
Secti on 31, Township, 22 North,, Range 6 East, W.M. King County,
0001 & 936060- Washington. Parcel Nos: 000220-0007,, 936000-02001 0022,0
0350
Date off Public Hearing-, August 15,, 2012
1
for the aboveIcertifythat, ar before Jul 30 2012 1 did, send, a Notice of Public Hearing
referenced application, as required by Auburn City Code 18.66.130, to all property owners
located, within 300 ifeet, of the: affected site. Said Notice was mailed, pre-paild stamped through
the United States Postal Service at least T5 days, prior to the, public hearing date noted' above.
I declare under penalty of perjury of the laws ofthe State ofWashington that the foregoing is
true and correct.
POO
Or,
Tina Kriss — Planning Secroary
ORD.A Page 144 of 907
REQUEST TO PUBLISH
ATTN: Legal Notice Account Representative
Please publish in the Seattle Times on Monday, July 30, 2012. Send the bill for the cost of publishing
and Affidavits of Publication to:
City of Auburn
City Clerks Dept
25 West Main
Auburn, WA 98001-4998
Please publish below line only.
NOTICE OF APPLICATION & HEARING
PUBLIC HEARING: Hearing Examiner, August 15, 2012 at 5:30 pm COUNCIL CHAMBERS, CITY HALL
APPLICATION NUMBER & NAME: REZ12-0003 / RPG Auburn Properties LLC Rezone
PROPONENT: Tamara Thompson, (Agent), Landmark Development Group on behalf of RPG Auburn Properties,
LLC
PROPERTY LOCATION: 219 49th St NE, Generally south of S 277th ST, east of Auburn Way N, north of 49th St
NE and west of D ST NE ; The site is within the NW quarter of Section 31, Township 22 North, Range 5 East,
W.M. King County, Washington. Parcel Nos: 000220-0007, 936000-0200, 00220-0001 & 936060-0350
702 West Main St.
DESCRIPTION OF PROPOSAL: Rezoning of four parcels totaling approximately 11 acres from C3, Heavy
Commercial to C4, Mixed-Use Commercial
APPLICATION FILED: June 19, 2012. COMPLETE APPLICATION: July 17, 2012.
NOTICE OF APPLICATION: July 30, 2012
STUDIES SUBMITTED WITH APPLICATON:
Letter Request for Rezone, Landmark Development Group, LLC, June 14, 2012.
ALTA/ACSM Land Title Survey, Barghausen Consulting Engineers Inc., October 2, 2007
Addendum to NE Auburn/Robertson Properties Special Area Plan Final Environmental Impact Statement, City
of Auburn, November 2, 2012
NE Auburn/Robertson Properties Special Area Plan Final Environmental Impact Statement, City of Auburn, July
30, 2004
NE Auburn/Robertson Properties Special Area Plan Draft Environmental Impact Statement, City of Auburn,
February 3, 2004
OTHER PERMITS AND PLANS WHICH MAY BE REQUIRED: No other permits are required prior to the rezone
decision; Subsequent development will be required to obtain all necessary permits or approvals that may include
subdivisions, grading, facility extensions and building permits.
STATEMENT OF CONSISTENCY AND LIST OF APPLICABLE DEVELOPMENT REGULATIONS:
This proposal is subject to and shall be consistent with the City of Auburn Comprehensive Plan, Zoning Code,
Stormwater Management Ordinance, Street & Utility Standards, International Building & Fire Codes.
All persons may comment on this application either in writing to the address below or by submitting written or oral
testimony during the public hearing. Any person wishing to become a party of record and receive future notices,
copies of the Planning Dept report with recommendation (one week prior to hearing), Hearing Examiner decision
or any appeal decision must notify Planning Dept. by providing their name, mailing address and reference the
application number REZ12-0003.
ORD.A Page 145 of 907
Pursuant to WAC 197-11-535, this hearing will be open to the consideration of the environmental impact of the
proposal. All environmental documents prepared pursuant to SEPA for the subject proposal will be available for
consideration at this public hearing.
For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing,
should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or
equipment needed. Each request will be considered individually according to the type of request, the availability
of resources, and the financial ability of the City to provide the requested services or equipment.
PLANNING AND DEVELOPMENT DEPARTMENT - 25 WEST MAIN STREET, AUBURN, WA. 98001 (253) 804-
5033, Contact: Jeff Dixon, Principal Planner, jdixon@auburnwa.gov
ORD.A Page 146 of 907
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RESOLUTION NO. 4756
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON; AUTHORIZING
THE MAYOR TO ENTER INTO A DEVELOPMENT
AGREEMENT WITM AUBURN PROPERTIES,
INCORPORATED RELATED TO THE AUBURN
GATEWAY PROJECT
WHEREAS, Chapter 14.21 of the Aubum City Code (repealed in 2008 by
Ordinance No. 6127) and Chapter 36.70B.170 — 3670B.210 allow cfies to enter
into development agreements in order to provide greater flexibility in existing city
standards in exchange for development that is of sign canUy higher quality,
generating more public benefit, and providing a more sensitive proposal than that
which would be required by the existing code; and
WHEREAS, Auburn Properties, Incorporated, acting through its affiliate
Robertson Property Group ("Applicant"), filed a completed application for a
Development Agreement before the repeal of ACC 14.21, and has been working
with City staff to prepare an agreement for Council's review; and
WHEREAS, all public meeting and hearing requirements in ACC
14.21.045 and ACC 14.21.050.A have been met, as follows: a publia meeting
was held on November 21, 2002;January 28, 2003; and February 12, 2004. This
application was presented for, discussion to the Council's Planning and
Community DevelopmeM Committee on July 25, 2011 and September 26, 2011,
and was passed out of commi4tee with a do pass recommendation on October
10, 2011. The application was also presented to the Public Works Committee for
discussion on August 15, 2011 ancJ October 3, 2011, and to the Municipal
Services Committee on August 8, 2011 and October 10, 2011. The application
Resolution No.4756
Novemberl5, 2D11
Page 1 of 5ORD.A Page 254 of 907
was also discussed at the Committee of the Whole committee meeting on August
29, 2011. All of these meetings were properly noticed and were open to the
public. Additionally, a duty-noticed public hearing was held on November 7, 2011
before the full City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN;
HEREBY RESOLVES as.follows:
Section 1. . That the City Council, in accordance with ACC 14.21.010B,.
makes the following findings:
1.1 The Applicant has prepared a traffic analysis, and right-of-way
ROW) is proposed to be dedicated and improved, in order to manage vehicular
traffic associated with the project and passing through the project site. This will
proVide linkages in an area currently underserved by streefs. In particular, the
Applicant's proposal will result in dedication of right-of-way and contribution
towa d the construction of I Street NE, a minor arterial street, which will provide
traffic relief for Aubum Way North, and will avoid more piecemeal dedication and
roadway construction;
1.2 The Applicant proposes Architectural and Design Standards to
promote pedestrian-oriented design for the development in excess than what is
currently required by Title 18 (Zoning) of the Aubum City Code;
1.3. The Applicant will be responsible for continuation of trail
construction along the south side of S. 277th Street along its site frontage. The
Planned Action Ordinance ("PAO"), to be separately adopted by the City Council,
Resolution No. 4756
Novemberl5, 2011
Page 2 of 5ORD.A Page 255 of 907
requires, as a mitigation measure, that the Applicant submit a master plan for
pedestrian and non-motorized circulation for City approval;
1.4. The C-4, Mixed Use Commercial zoning adopted by the Ciry, and
giverr permanent status upon execution of the DevelopmentAgreement, requires
residential uses to be located on the upper story of multi-storied buildings,
thereby encouraging compact development;
1.5. CuRently, the City has no architectural and site design standards in
place that would apply to the entiretyof the Project;
1.6. The Applicant has, in conjunction with the City, proposed
Architectural and Site Design standards to apply to the Project to demonstrate an
enhanced level of design and quality, and to promote compatibility within the
Project boundaries;
1.7. The ApplicanY has previously taken action to provide 40,546 square
feet of wetland buffer enhancement irethe Project area;
1.8. The Applicant will provide regular written progress and status
reports, and will paRicipate in meetings with the Gity to report on project status;
1.9. The Agreement contains a process for interpretation and
modification of its provisions;
1.10. The Agreement contains a termination provision that requires the
Applicant to develop its p[oject acxording to the terms of the agreement and the
PAO.
Section 2. That, based on these findings, the Council concludes that:
Resolution No.4756
November 15, 2011
Page 3 of 5ORD.A Page 256 of 907
2.1. Based on findings 1.1 through 1.6, the Applicant has met the
criteria in ACC 14.21.010(B)(2) that the ProjecT provide efficient and effective use
of land, open space and public facilities that results in a higher quality of
development than is required by the standards of the applicable zone;
2.2. Based on findings 1.4 through 1_6, the Applicant has met. the
criteria in ACC 14.21.01Q(B)(3) to provide building and site design that
complement surrounding land uses and their environment;
2.3. Based on findings 1.7, the Applicant has met the criteria in ACC
14.21.010(B)(4) that the project provide for superior protection of critical areas;
2.4. Based on all of the findings above, the ApplicaM has met the
criteria in ACC 14.27.010(B)(1) that the project provide development that is
consistent with the goals and polices of the comprehensive plan;
2.5: Based on all the findings above, the proposed development will be
of significantly higher quality, will generate more public benefit, and will be a
more sensitive proposal than would be developed in the absence of the proposed
agreement.
Section 3. That the Mayor is hereby authorizetl to enter into a
Development Agreemerrt in substantially the form at Exhibit A, with Aubum
Properties, Incorporated.
Section 4: That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Resolution No. 4756
Noyember 15, 2011
Page 4 of 5ORD.A Page 257 of 907
Section 5. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this 2° 1 day of 2011.
TY RN
P ER B. CEWIS
MAYOR
ATTEST:
C.(aF\l'-
Danielle f. Daskam, City Clerk
APP ED A TO FORM
anief B. eid, Giiy Attomey
Resolution No. 4756
November 15,2011
Page 5 of 5ORD.A Page 258 of 907
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF AUBURN AND AUBURN PROPERTIES,.INC.
NOVEMBER 21,2011
11-15-11ORD.A Page 259 of 907
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 agreement ("Agreement") to
govern the development, use and mitigation of environmental impacts associated with ihe
development of the Aubum Gateway Project ("Project"), through constiuction of the buildings
and related physical on- and off-site uriprovements.
The Agreement is authorized by RCW 36.70B.170 through .210. It addresses Project
development standards, which aze.defined in the statute to include, for example, impact fees,
mitigation, design standards, approach to phasing, review procedwes, vesting issues, and any
other appropriate development requirements.l The Ageement provides the City and Developer
with certainty as to the type of Project that will be built, and the type of mitigation that will be
provided.
The Project, when all development improvements aze completed as contemplated for this project,
will be consistent with current local regulatory requirements in effect as of the date this
Agreement is signed.2 The development standazds in the Agreement will govern the Project for
the term of the Agreement unless amended or terminated,3 As authorized by state statute,' the
Agreement identifies, in part, the mitigation measures, development conditions and other
requirements under the State Environmental Policy Act (Chapter43.21C RCW, "SEPA")
pursuant to the Northeast Aubum/Robertson Properties Final Environmental Impact Statements
and addendums, supplements or modifications to the EIS documents for the Project. The
Agreement shall only be approved andrecorded with King County's real property rewrds after a
public hearing before the Auburn Gity Council has been he1d.5 Approval of tlus Ageement 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") (Chapter36.70C RCV.
1. Zoning/Land Use. Tkris Agreement fulfills that portion of the obligation specified in
Section 13 of Ordinance No. 6183 (as amended), that non-condiuonal applicability of the C-4,
Mixed Use Commercial zoning designation shall only take effect upom the Parties' execution of a
development agreement. Section 13 of Ordinance.No..6183`also requires adoption of a Planned
Action Ordinance. Additionally, the Pa;ties agree to process an amendment to change-the zoning
of any property owned by the Developer as of the date of execution of this Agreement and
1 RCW 36.70B.170(3).
2 RCW 36.70B.170(1).
3 RCW 36JOB.180.
9 RCW 36.70B.170(3)(c).
5 RCW 3690B.200;RCW 36.70B.190.
Development Agredment
Page 1 of 21
11.15:1IORD.A Page 260 of 907
covered by the EIS and addendums, supplements or modifications to the EIS to C4, Mixed Use
Commercial Zoning not later than one yeaz after the date of this Agreement.
2. Location. The Project consists of approxnnately 70 acres of land in the northeast corner
of the City, generally bor3ered 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 Pazcel No. 0004200006) to the
east. Developer's property is located within ihe Northeast Auburn Special Plan Area, an
approximately 120-acre area established by the City of Aubum Comprehensive Plan in 1995 and
as subsequenfly amended by Ordinance No..6183. The property location is legally described on
Attachment 1 ("Subject Property"). Developer has a property interest in the subject pmperty.
Additional properties may become part of this Agreement through the amendment pmcess
described in RCW,36.70B.170-210. In, the event the Agreement is amended to include
additional properties, the terms of this Agreement shall apply equally to those additional
properties except as specified in the amendment(s).
3. Proiect Descriotioa The Project involves the redevelopment of the Valley 6 Drive-in
Theater complex and adjacent properties owned or controlled by Developer. The redevelopment
of the Property will include a mixture of office, retail and residential uses; provided that
residential uses shall not be construbted.on the first floor portions of buildings other than those
ancillary interior uses needed to support residential uses on upper floors including but not limited
to 1o66ies; mechanical rooms, and elevators. The parties intend to provide the Developer with
flexibility to reasonably respond to matket conditions with lia itations mutually agreed to by
both parties. In exchange for ttris flexibility, the City wili receive a planned mixed use
development consistent with applicable chapters of the adopted City of Auburn Comprehensive
Plan including but not limited to ttie Norttieast Aubum Special Area Plan and the goals for this
azea set forth in tlus Agreement. The entire,Project is more fully described both in Attachment 2,
which includes the Project Site Pian, and in the Northeast Aubum/Robertson Properties Final
Environmental Impact Statement(EIS) and addenda, supplements or modifications to the EIS set
forth as Attachment 3 to this Agreement The City and Developer recognize that economic
mazket conditions may cause the mix of land uses to differ slighdy from the specific atternatives
analyzed in the EIS. The land use mixture is proposed to remain consisteat with the scope of land
uses analyzed in the 2004 Northeast Aubum/Robertson Property's Environmental Impact
Statement. Mitigation will be relaLed and roughly proportional to the impacts created by RPG
development-generated traffic volumes.
4. Term of Aereement and Vestine. The term of the Agreement shall be for fifteen (15)
years from the date of the last sigiature with three distinct vesting periods described herein. The
legal requiremenu identified in the Agreement shall govem the Project as follows:
a) Development regulatioas pertaining to land use and zoning requiremenu, such as
pernritted, conditional and prohibited uses and lot development standards but excluding
building, engineering and environmental regulations shall be the C4, Mixed Use
Commercial Zoning District, es conditionally adopted by Ordinance No. 6183, June 16,
2008 and applied to all pmperties covered by this Agreement or as set forfh in
Attachment 5. Any amendment to the C4, Mixed Use Commercial Zoning District
Development Agreement
Page 2 of 21
11.15.11ORD.A Page 261 of 907
subsequendy approved by the Auburn City Council shall not be applicable to the
properties covered by this Agreement. The C4, Mixed Use Commercial Zoning District
in effect on the effective date of tlus Agreemerit shall be applicable to the subject
property for the entire fifteen(15) yeaz term of the Agreement.
The Architectural and Site Design Standards titled: "Aubum Gateway Architectural and
Site Design Standards" ("A_rchitecfural and Site Design Standards") prepared by BRCA
October 2011 and proposed by the Developer and attached as Attachment 4 are herebg
adopted as part of this Agreement, and shall be v8sted for the term of the Ageement.
Amendments to these tlrclutect ual and Design Standards,proposed by the Developer
shall be processed as provided for in Secdon 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 the Ciry's receipt of the full and
wmplete application for the initial development activiUes shall be applicable and govem
development for the Initial Vesting Period (IVP), to the extent_ of the development
activities included in said full and complete application. The NP shall run from the
e_ffective date hereof and ending December 31 of the Sth year following the effective date
hereof.
c) Following the IVP a Second Vesting Period (SVP)shall be established for the 5 yeaz
period starting January 1 of the 6t° year and ending December 31 of the l0ih yeaz
following. the effective date hereof, for development activities subsequent to those
covered by the NP.
d) Following the SVP a Third Vesting Period (TVP) shall be established for the S yeaz
period starting January 1 of the 11' year and ending December 31 of the ISth yeaz
following the effective date hereof, for developrrient activities subsequent to those
covered by the SVP.
At the beginning of each subsequent five-yeaz vesting period, SVP and TVP, the
development regulations in eff_ect on December 31 of the last yeaz 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 effect for the entire tean of .
the Agreement shall not be replaged. The Developer shall be responsible for re-recording
the Development Agreement with the new regulations attached at the beginning of each
new vesting period. At the beginning of each subsequent five-yeaz vesting.period, the
development regulations in effect as of December 31 of the prior vesting period shall
replace Attachinent 5 and this Ageement shall sutomatically be amended with said
regulations with the Developer's re-recording of tlris agreement with the new regularions
attached. It shall be the responsibility of the Developar to re-record this Agreement with
the new regulations attacHed at the beginning of each Sve-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 development 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 providiag the City with the applicable
Development Ageemen[
Page 3 of 21
11.15.11ORD.A Page 262 of 907
development regulations the applicant elects to have applied to the application along with
a sworn statement that the properiy owner shall be:bound by the new regulations at the
time of subsequent permit application. Failure 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 City shall have the discretion to apply either the
yested reguladons or the current regulations.
e) Development regulations related to public health and safety issues, including but not
limited to building codes, fire codes, mechanical codes, plumbing codes; electrical codes
and properfy maintenance codes shall vest upon the City's acceptance of a complete
permit application for each specific permit as determined by the City through its permit
completeness determination process in accordance with Chapter 14.06 of the Auburn Ciry
Code("ACC") in effect on the date the pernut is submitted.
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 activity of the Project, except as
otherwise provided, or if other county, state or federal laws preempt the City's authority
to vest regulations. The City reserves the authority to impose new or different officially
adopted regulations if, and to the extent required by, a serious threat to the public health
and safety, as determined by the City.6 The City also reserves the suthority to impose
new or different officially adopted regulations, if federal or state laws change requiring
new or different standards. Developer can appeal City's determination, except for those
standards required by state or federal laws, through the normal appeal processes for
administrative decisions as provided for by ACC 14.13".010.
g) The parties specifically agree that right-of-way requirements shall be vested for
footprinY design" requiremenfs as of the effective date of this Development Agreement,
but "technical design" reguirements shall be established as of the date of the complete
permit application as determined by the City through its permit completeness
determination ,process in accordance with Chapter 14.06 of the Auburn City Code
ACC") in effect on the date the permit is submitted:
h) The vested rights established by this Agreement as.applied to anyparticular project
merge into the pernut approval for that project and shall tetminate as provided for such
permit by the applicable provision of the Auburn City Code.
5. Proiect Reaortin¢and Coordination. In reaognidon of the lazge size, scale and
complexity of the Project, markeYabsorption factors and tlie overall term of the Agreement,the
partiesagree that phased construction and acceptance of public_and private streets, and public
and private uUlities and equipment may be needed. The Parties agree to the following reporting
and coordination schedule.
6 See RCW 36.70B.170(4).
Development Agreement
Page 4 oF 21
11.15.11ORD.A Page 263 of 907
Developer shall report to the City,at a minimum, on January 15 and June 15 of each yeaz
the Agreement is in effect. Once Developer begins construction of the infrashucture,the
parties shall jointly determine a quarterly or monthly-reporting schedule.
Reports sha11 include,but not be limited to,the following azeas:
Status ofleases;
Construction updates (rights-of:way (ROV, utility infrastructure, and buildings
percentage completed and conshvction remaining);
Non-City Permibapproval status, including Departrnent of Ecology, Army Corps of
Engineers,NOAA-Fisheries
Reports shall be written. If the written reports contain infonnation that Developer considers to be
proprietary business informaGon as that term is used in Washington's Public Records Act, RCW
42.56.270, it shall cleazly 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 informarion, it will assert the
exemption, and notify the Developer of the request. The Developer may seek a court order to
prevent disclosure as prbvided for in RCW 42.56.540. If a requestor files an action in court
seeking release of these documents,Developer agrees to be in interpleaded into that action,to
defend its designation of those doguments as proprietary,and,provided the City has timely
norified Developer of the request and the City's response,to indemnify and hold the City
hazmless from any fines or penalties for non-disclosure of documents the Developer has mazked
as proprietary.
Developer also agrees to attend, or to send a representarive familiaz with the Project and this
Agreement to attend, Council committee meetings or fiill Council meetings when requested to
repoR on the Project status at least annually.
6. Proiect Aaarovals. The Ciry shall accept for processing,review and action all complete
applications and submissions for.Project Approvals as determined by the City through its permit
completeness determination process in agcordance with Chapter 14.06 of the Auburn City Code
ACC") in effect on the date thepermit issubmitted.
Any agreement by the City to cooperate does not in any way obligate the City with respect to
usual and customary City permit processing, code compliance and other regulatory reviews as
they may relate to the Developec or tlie Developer's requirements hereunder. The outcome of
any regnlatory review or action undertaken by the City involving the Developer will be
independent of and in no way biased; prejudiced, or predetermined in any way by this
Agreement. Nothing in this Agreement is intended or shall be construed to require that the.City
exercise its discretionary authority under its regulatory ordinances in a manner favorable to the
Developer.
7. Flood Stora¢e Canacitv. The City and Developer acknowledge that under this
agreement there will be a need for off site flood storage capacity for the Project. The parties
acknowledge that the City is not legally obligated to provide off-site storage capacity, but if off-
Development Agreement
Page 5 of 21
1].15.11ORD.A Page 264 of 907
site flood storage capacity is not available,the Project might not go forward. l"he City agrees that
it will seek a clarifying agreement with the Port of Seattle ("Port") regazding the City's right to
use or commit the use of flood storage capacity with the constructed wetland mitigation property
owned'by the Port that is located in the Planning Area for the Project If the City has the right to
use or commit the use of this property for compensatory flood storage, the Parties agree that the
City shall make a mutually agi eed amount of cubic feet of storage capacity available to the
Developer for Developer's on-site compensatory flood storage requirements and an additional
compensatory flood storage volume as needed to accommodate the Developer's public
lransportation and storm drainage unprovemenu, provided that City's Mayor and the Developer
negotiate full and sufficient consider=ation for Developer's use of the flood storage capacity. The
City and Developer agree that this amount will be established following the conclusion of
technical analysis by the Port and City that establishes the total amount of cubic feet of
compensatory flood storage. The Developer acknowledges that the City may elect to reserve a
portion of this capacity for municipal purposes and needs. The City shall convey the right to use
the pmperty to the Developer by means of an easement or other similar 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)t6at addresses to the reviewing agency's standards the
placement of fill and affect on tfie flooilplain. The City agrees to provide concurrence in
Developer's LOMR process asproyided for in Chapter 15.68 ACC.
8. Desiffi and CoastracHon.
The parties agree that as a material consideration for the City's entry into this Agreement, the
Developer will desi and conshuct the Project in accordance with the Auburn Gateway
Architectural and Site Design Standards adopted as part of this Agreement Additionally,
notwithstanding the perautted uses in the C-4, Mixed Use Commercial Zoning District, the
Developer agrees tliat the layout and uses of the Project shall adhere to the following guidelines:
Multiple Family Residential uses shall only occur in a vertical mixed-use
development; other than common azeas, pazking, 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 restaurants than "fast food"
restauranu includiag drive-thru type restaurants;
Gas stations and automobile repair service aad parts businesses shall only be
wnsuvcted as a department of a lazger retail operation.
9. Transuortation/Utilitv/Infrsstiticture Imnrovement4. The City and Developer
acknowledge that under this Agreement there will remain a"gap"in the funding of in&astructure
improvements that the Ciry is noY obligated to fill but without which the Project might not go
forwazd. The Pazties agree that Deyeloper's requirement to construct infrashucture is limited to
improvements required by City code and/or mitigadon measures specified in the Planned Action
Ordinance. Both Parties recognize-that there are benefits from these improvements to the public
Development Agreement
Page 6 of 21
l l'.15.1 lORD.A Page 265 of 907
that.extend beyond the Developer's obligations. Therefore, the Parties agree that they will work
cooperatively to resolve issues related to in&astructure funding. 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 ttus section, that the provision ofpaymeats and credits for
infrastructure improvements is governed by state law and applicable City code. Both the City
and Developer will make their best efforts to assist each other as well as consider all other
options in filling that "gap" as improvemenu become necessary. While. a number of
Transportation and Utility Improvements in and around the proposed Project are needed to be
made c.oncurrent with initial construction of the Project, the Parties agree that the infrastructure
construction may be done in multiple incremenu. If the Developer constructs these needed
impmvements the City will, in accordance with City code and state law, provide the following
paycaents and credits:
Transportation Improvements:
a) Transportation Impact Fee Credit—The City has determined through its
comprehensive transportation planning and transportation impact program development
tLat certain infrastructute projects create capacity in the City's public s eet system and as
sucfi will remain included in the Gity's list of eligible projects for h affic impact fee
credits(Transportation ImpactFee Program List). As such,the City will provide a credit
for transportation fees amibutable to the Project in conformance with Chapter 19.04.
b) The City will also reimburse RPG from other such midgation fees it has or may
collect for other deyelopments in the area towards public street improvements that
overlap with RPG's required improvemenu, provided those funds have not expired and
are available The Parties aclaiowledge that the City's authority to expend available
mitigation moaey 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 have the sole authority to
expend that money in accordance with applicable law. It is also acknowledged by the
Parties that any such agteement shall be made a minimum of 24 months in advance of
each associated expiration date to allow the City adequate time to expend the money
before the required expiration dates.
c) Crrants. The City will consider placing a,higher priority on the I Street NE project in
the City's Capital Facilities Plan and iu Transportation Improvement Program. The City
will at iu sole discretion, apply for and seek state and federal grants for eligible
Transportation improvements within the Northeast Auburn Special Plan Area in
accordance with the Ciry's Comprehensive Tcansportation Plan and Six-Year
Transportation Improvement Progam. The Developer agrees to partner with the City in
such efforts, including financially participat'ng in an amount not to exceed the
Developer's proportional,share of the improvement. If the City is successfiil obtaining
any such grants, the City will make a good faith effort to design and construct such
improvements in coordination with the phasing ptoject milestones set out in ttris
Agreement.
Develapment Agreement
Page 7 of 21
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d) Street Payback Agreement. Developermay apply to the City for a Street Payback
Ag;eement in accordance with Chapter 12.70 of the Aubum City Code.
Utilities Improvements:
e) Udlity Payback Agreements=The City may enter into Utility 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 Utiliry Improvements (water, sanitary sewer, and
storm drainage) benefiting other new development consistentwith the Auburn City Code
in effect at the time the applicable permit is issued.
fl Utility System Development Chazge Credit - The. City will credit utility System
Development Charges amibutable to the Project to the eactent the Developer over sizes
public Urility Improvements (water, sanitary sevaer, and storm drainage) consistent with
Aubum City Code at the time tfie applicable permit is issued.
g) The City will rennburse the Developer from other available mitigation funds collected
by the City from the Port of Seattle as prescribed in the City's agreementwith the Port
Attachment 5) for applicable public water, . sanitary sewer, and storm drainage
improvements installed lip:the Developer, provided.those funds have not expired and are
available. The Parties aclaiowledge that the City's authority to expend available
mifigation money will begin to expire beginning on November 13, 20T3, and that if the
Parties have not agreed on a method guazanteeing the expenditure of the money in
advance of this and subsequent expiration dates, the City shall have the sole authority to
expend that moneg in accordance with applicable law. It is also acknowledge by the
Parties that any.such agreement shall be made a minimum of 24 months in advance of
each assooiated expiration date to allow the City adequate time to expend the money
before the required expiration dates.
10. Adeauacv of Proiect Mitieation Under 5EPA. The Project has been subject to detailed
environmental review. The City issued a Determination of,Significance and a Final Northeast
Auburn/Robertson Properties Environmental Impact Statement (EIS). The EIS sets forth
numerous Project conditions in a variety of environmental azeas. The City Council has reviewed
the SEPA record and the EIS, and agrees to enter findings stating tliat, when all impmvements
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, including addenda or supplements to
the EIS) will be adequately mitigated under SEPA with the implementaxion of this Agreement
and other project approvals inclnding Comprehensive Plan map and text changes, zoning code
map and text changes and adoption of a special area plan and planned action ordinance: The
mitigation that is imposed under SEPA, tkuough the City's 3EP.A regulations, is listed in the
City's EIS, a copy of which is included as Attachment 3 xo this Agreement. Subject to
requirements contained in a Planned Action Ordinance, no further SEPA mifiga6on will be
required by the City for any Project qualifying as a Planned Action, subject to a major
modification as provided below in Pazagraph 11, unless such further mitigation is required by
federal or state law or regulaGon, or is determined by the City in its sole discredon to be
necessary to prevent a serious threat to public health and safety.
Development Ageement
Page 8 of 21
I1.15.1] ORD.A Page 267 of 907
11. Modifications. The Project will be subject to building, land use, environmental and. .
engineering reviews and approvals. The final design of the buildings and other improvements;
precise location ofbuilding footprints, locarion of urilities, determination of access poinu, and
other design issues will be determined duririg that process and are part of ttris Agreement.
A. Deviations from ihe adopted document: `Auburn Gateway Architectural and Site Design
Standards'. The Planning Director or the Director's Designee has the auttiority to vary from
these staadards on a specific limited instance and non-routine .basis if the variation provides
equivalent design or approximate climensions, or if here are unique building or site design
considerations that, in the Director's determination, warrant a deviation.
B. Amendments to the adopted document: `Aubum Gateway Architectural and Site Design
Standards'. If the Developer wislies 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 "amendmenP' is a
change to the standards that changes tlie azea-wide and routine intent or effect of the standazds.
C. Modifications to the Development Agreement.
Changes to the Development Agreement that aze determined by the 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 authorized by the Auburn City Council
pursuant to RCW 36.70B.200 to review and decide on amendments to the Development
Agreement. T'he Hearing Examiner shall only review the requested modification and shall rely
on applicable regularions and standards identified tfirough this Agreement for lus or her decision-
making. For purposes of this Agreement only, a modificadon to the Development Agreement
shall be those acuons that aze deemed by the Planning and Development D'uector or City
Engineer, as appmpriate,to be major modifications including,but not limited to, the following:
a) A proposed change in land use;
b) Cumulative exceedance of the vehicle trip volumes or changes to trip distaibution
pattenss estimated for the project by the Northeast Auburn/Robertson Properties Special
Planning Area Draft and Final EIS and addendums, supplements or modifications to the
EIS documents.
c) A proposed change to any of the development criteria applicable to the Project as set
out in ttris Agreement, except for minor deviations that are consistent with the current
City regulations in effect at the time of this Agreement or subsequent vesting period;
d) Change in density or intensity of use;
Development Agreement
Page 9 of 21
11'.15:11ORD.A Page 268 of 907
e) Change iri"physical" environmental impact(going from no impact to some impact);
and
fl Substantive changes to utility capacity, service iletnand,or design.
D. Changes to the term, the parties to the Agreement or the vesting periods in theA eement,
must be approved by the Ciry Council.
12. Recordine: Assi ment . The Agreement stiall be recorded with the Real Property
Records Division of the King County Records and Elections Department. 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 assignment and assumprion of all
obligations under the Agreement by the assi ee, Developer shall be released from all
Ageement obligations that occur aftet the effective date of the assignment.
13. Disnute Resolution.
In the event of a dispute regarding the interpretation of this Ag eement, where there is
not aiready a procedure provided foi in the Ageement, staff &om each party will attempt to
resolve the dispute. If the Parties cannot resolve the dispute; either Party may request mediation.
The Parties will agree on a mediator. If Parties cannot agree on a mediator within 10 days of
either party requesting mediation, each Party will choose a mediator,and the two mediators will
choose a third to mediate the dispute. If inediation fails,this matter shall be heard in the Superior
Court of King County, Waslungtoa.
14.. Default
a) Subject to extensions of time by mutual consent in writing, failure or delay by either
party to perform any teim or provision of this Agreement shall constitute a default. In the
event of alleged default or breach of any terms or conditions of this Agreement, the Party
alleging such default or breach shall give the other Party not less than tivrty (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 Party charged shall not
be considered in default fo;purposes of termination or institution of legal pmceedings.
b) After notice and expiration of the thirty (30) day period; if.such default has not been
cured or is not being diligeatly aiiied in the manner set forth in 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 Ciry's Codes, and to obtain penal6es and
costs as provided in the Auburn Ciry Code for violations of this Development Agreement
and the Code.
15. Termination. This Agreement shall expire and/or ternunate as.provided_below:
a) This Agreement shall expire and be of no further force and,effect if ihe Developer
does not conshuct the Project as contemplated by the perinits and approvals identified in
Development Agreement
Page 10 of 21
11.15.11ORD.A Page 269 of 907
this Agreement, or submits applications for development of the Property that are
inwnsistent with such permits and appmvals.
b) This Agreement shall terminate.upon the expiration of the term identified herein or
when the Subject Property has been fully developed, w(uch ever first occurs, and all of
the Developer's obligations in connection therewith are satisfied as determined by the
City. Upon termination of this Agreement, the City shall record a notice of such
termination. This Agreement shall sutomaticallyterminate and be of no further force and
effect as to any building and,the lot or pazcel upon which such building is located, when
it has been approved by the City for occupancy.
16.. Effect uaon Termination on Develoner Obliearions. Termination of this Agreement as
to the Developer of the Subject .Property or any portion thereof shall not affect any of the
Developer's obligations to comply with tlie City Comprehensive Plan and the terms and
conditions or any applicable zonin code(s) or subdivision map or other land use entitlements
approved with respect to the Subject Property, any other conditions of any other development
specified in the Agreemeat to continue after the termination of this Agreement or obligations to
pay assessments, liens, fees or taxes.
17. Effects uoon Terminatiou-on:Citv. Upon any termination of ttris Agreement as to the
Developer of the Subject Property, or any portion thereof, the entidements, conditions of
development, limitations on fees and all other tecros and conditions of tlris Agreement shall no
longer be vested hereby with respect to the properry affected by such ternvnation (provided that
vesting of such entidemenu; conditions or fees may tlien be established for such property
pursuant to then existing planning and zoning laws). Notwithstanding termination of the
Agreement before the end of the 15-yeaz term of the Agreement, the City shall not initiate or
approve any amendments to the land use and zoning requirements of the C4, Mixed Use
Commercial Zoning District as ad'opteii in Ordinance No. 6183 until the end of the 15` yeaz after
the effective date of ttie Agreement without Developer's concurrence.
18. Reserved.
19. Administration of AQreement 1'his Agreement shall be administered by the authorized
representative of the Developer; and by the Mayor of the.City, or designee, on behalf o£the City.
Any written notices required by the terms of this Agreement shall be served on or mailed to the
following addresses:
CTfY OFAUBURN: DEVELOPER:
Mayor John Manavian, Aubwn Properties Inc.
City of Auburn c/o Robertson Properties Crroup
25 West Main 120 N. Robertson Blvd.
Aubum, WA 98001-4998 Los Angeles, CA 90048
253) 931-3000 Telephone No.: (310) 855-8484
253) 931-3053 —fax Telecopier No.: (310) 642-8538
Development Agreement
Page ll of 21
1.15.11ORD.A Page 270 of 907
20. Notices. All notices or communications permitted or required to be given under tlris
Agreement shap 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 mailing by certified mail, return
receipt requested and by regiilar mail and addressed, if to a party of tlris Agreement, to the
address for the party set forth above, or if to a person not a party to this Agreement, to the
address designated by a party to this Agreement in the foregoing 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 pmcedure 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 hereto and their respective
successors and assigns, pmvided that this section shall not be deemed to permit any transfer or
assig ment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit
of the parties hereto and it does not create a contractual relationship with or exist for the benefit
of any third party, including conlractors, sub-contractors and iheir sureties.
22. Costs to Prevailin¢Partv. In the event of such litigation or other legal action,to enforce
any rights, responsibilities or obiigations under this Ageement, the prevailing pazties shall be
entided to receive its reasonable costs and attorney's fees.
22. Aoulicable Law. This Agreement and the rights of the parties hereunder shall be
governed by the interpreted in accordance with the laws of the State of Washington and venue
for any. action hereunder shall be in King County, Washington;, 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) yeaz term of the Agreement, or.the date of termination, whichever is
eazliest.
23. NondiscriminaUon. Neither the Ciry nor Developer shall discriminate on the basis of
any protected class as defined by any state, federal, or local ordinance, including but not limited
to,race, color, national origin,disability, age, or sex in the performance of this Agreement.
24. Cautions. Headines and Titles. All captions, headings or titles in the paragraphs ot
sections of this Agreement are inserteii for convenience of refetence only and shall not constitute
a part of this Agreement or act as a limitation of the scope:of ttie particular paragraph or sections
to which they apply. Terms not specifically defiaed in this Agreement shall have the same
definition as in the applicable secrioa of the Aubum City Code. As used herein, where
appropriate, the singulaz shall inclnde the plural and vice vefsa and masculine, feminine and
neuter expressions shall be interchangea6le. Interpretation or construction of this Agreement
skiall not be affected by any determination as to who :is the drafter of this Agreement, this
Agreement having been drafted by mutual agreement of the parties.
25. Severable Pmvisionsr Each p ovision of this Agreement is intended to be severable. If
any provision hereof i's illegal oi invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
Development Agreement
Page 12 of 21
I1:15.11ORD.A Page 271 of 907
26. Entire AEreement 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 matter.
27. Counteroarts. This Agreement may be executed in multiple counterparts, each of which
shall be one and the same Agreement and shall become effective when one or more counterparts
hayebeensigned by each of the parties and delivered to the other party
28. Post-esecution actions: The Parties ag ee that, after execution of this Agreement, they
will work cooperatively to.resolve issues relating to infrastructure funding, the construction of I
Su eet NE, seeking an agreement with the City of Kent to allow for a tr c signal at I Sheet NE
and S 277' Street,any applicable zoning changes, and allocation of flood storage capacity.
Agreed this day of ,W.CL,.0/
OF DEVELOPER g K! P (2 P£4zTI; ^'
J e Wash Y}cn c.a (ar...-f r
J
Peter Lewis, Mayor
Title:
AITEST: DEVELOPER R P G A u 6 V R N P TIES LL,
a IDela .,ti.;=te I b:l.ty c rv.pa,.y, p_
1l S(,'U7C v6''c N
Q }-S11U 2ew1 sf'ait^ nP .i ._ :
v e me.^'.
4•
Damelle Daskam,Auburn City Clerk Se er°°'"
ttle: Sac eta 3r
Approve to
D ' . Heid,Auburn City Attom
STATE OF WASHINGTON )
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Peter Lewis is the person who appeazed
before me, and said person aclmowledged that said persori signed this insttument, on oath stated
ttiat said person was authorized to execute the inshvment, and aclrnowledged it as the Mayor of
the City of Auburn to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Development Agrcement
Page 13 of 21
I1.15.11ORD.A Page 272 of 907
Dated this o-day of /1`i'J 20
d niiry yJ/,Gt AS till C_ J"
11ELL lc((h Print Name: a n c/ a l,c.
O````aNqttq q ` . . /'
o
M18-oti,,p i Notary pubhc in and for the State of
a
Nor'
yi 4s9N ; Wastiington,residing at:ku,cl.J
My appointment expires: /Q-L o i
m % ec c '_ ?i O,o'',,,?S. 5 _.- c
y q R a.`
4 q SH NG•`
Development Agreement
Page 14 of21
11.15.11ORD.A Page 273 of 907
State of Caiifornia
ss.
County of Los Angeles )
On December 22;2011, before me, K.. 1... a Notary Public
in and for the 8tate of Califomia, perso Ily appear Jill Saperstein, who proved to me on the
basis of satisfactory evidence to be the person(s)whose name(s) is/ake subscri6ed to the within
instrumenYand acknowledged to me that tae/shelikey executed the same in t is/her/ibeiF
authorized capacity(+es), and that by ktiis/heNi eiF signature(s)on the instrvment the person(fi), or
the entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the
foregoing paragraph is true and cortect.
WITNESS my hand and official seal.
HEJIRA ADEtOLYN THOMPSON
Bommdasfon f/911299
Notary PubtlC-Califomia i:
SI netU LOS Mpekf County
a
9
Y .Comm. -iresoc . ?o a
State of Callfomfa
ss.
County of Los Angeles )
On December 22, 2011, beforeme; 7 Qltilc Cnll..^ .iww ra.. a Notary Public
in and for the State of Califomia, pers .._ Ily appea ill Sape ein; who proved to me on the
basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within
instrument and acknowledged to me thatlae/sheliqey executed the same in hiNher/ik eic
authorized capacity(ies), and thaf by kis/herRpeiF signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)acted, executed tFie instr ment.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
HEJIRA ADENILYN THOMPSON
Commisplon M 1911?99
Si9 ature y
NotaryPuDllb-Calitomfe
LOS Angeles Counry
MyComm FepiresOel31.2014+
ORD.A Page 274 of 907
STATE OF WASHINGTON )
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that and
are the pe=sons wtio appeared before me,and said persons acknowledged
that they signed this in ment, on oath stated that they were authorized to execute the
instrument, and acknowledged it as the of Developer, a corporation, to
be the &ee and voluntary act of such corporation for the uses and puiposes mentioned in the
instrument.
Daxed 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 sadsfactory evidence that and
are the persons who appeared before me,and said persons acknowledged
that they sigaed this instrument, on oath stated that they were authorized 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 purposes mentioaed in the
inshvment.
Dated this day of 20
Print Name:
Notary public in and for the State of
Washington, residing at:
My appoiutment expires:
Development Agreement
Pagb 15 of 21
I 1.15.]1ORD.A Page 275 of 907
ATTACI-IMENT 1 - LEGAL DESCRIPTION OF SUBJECT PROPERTY
Attaclunent 1ORD.A Page 276 of 907
Attachment 1 to Development Agreement
LEGAI:DESCRIFTIONS:
PARCEL A:
THAT PORTION OF THE DONATION LAND CI.AIM OE 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,
WILCAINETTE MERIDIAN, IN KING COUNTY,WASHINGTON, DESCRIBEDAS FOLLOWS:
COMMENGING AT THE NORTHEAST CORNER OF SAID DONATION LAND CLAIM;
7HENCE SOUTH 1°53'45" WEST 898:20 FEET TO THE SOUTH LINE OF SOUTH 280TH STREET AS
ESTABLISHED BY DEED TO KING COUNTY REGORDED UNDER RECORDING NUMBER.5869551 AND THE
TRUEPOINT OF BEGINNING;
THENCE CONTINUING SOUTH 1°53'45"WEST 859.88 FEET;
THENGE SOUTH 56°01'19"WEST.203.43 FEET;
THENCE NORTH 89°1T18"WEST 485.03FEET;
THENCE NORTH 1°53'45"EAST 285:8 FEET;
THENGE NORTH 89°47'15"WEST 350.00FEET;
THENCE NORTH 1°53'45"EAST 168.01 FEET TO A POINT WHICH IS 1;000 FEET WEST OF,AS MEASURED AT
RIGHT ANGLES TO,THE EAST LINE OF SAID DONATION U1ND CLAIM;
THENCE NORTH 88°0515" WEST TO THE EAST MARGIN OF KENT-AUBURN ROAD,.SBTH AVENUE SOUTH,
AS.ESTABUSHED BY DEEDS TO KING.COUNTY RECORDED UNDER RECORDING NUMBERS 761006 AND
781007;
THENCE NORTHERLY ALONG SAID EASTER6Y LINE TO THE NORTHWEST CORNER OF THAT PORTION OF
49TH STREET NORTHEAST,AS VACATED UNDER ORDINANCE NUMBER 26271N THE CITY OF AUBURN,
ALSO RECORDED UNDER REC,ORDING NUMBER 7301120384;
THENCE SOUTH 89°OB'15"EAST, 1,005.22 FEET;
THENCE SOUTH 1°53'45"WEST 10 FEET;._ __ .
THENCE SOUTH 89°OB'15"EAST TO THE:TRUE POINT OF BEGINNING;
EXCEPT THATPORTION THEREOF DESCRIBED ASFOLLOWS:
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°24'2T WEST 579.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 87°24'2T WEST 42.4 FEET;
THENCE SOUTH 1°53'45"WEST 117.BD,FEET;.
THENCE NORTH 88°OB'15" WEST TO THE EAST MARGIN OF KENT-AUBURN ROAD, 86TH AVENUE SOUTH,
AS ESTABLISHED BY DEED TO KING COUNTY RECORDED UNDER RECORDING NUMBER 761007;
THENCE NORTHERLY ALONG SAID EASTERLY MARGIN TO THE NORTHWEST CORNER OF THAT PORTION
OF 49TH STREET NORTHEAST AS VACATED UNDER ORDINANCE NUMBER 2627 IN THE CITY OF AUBURN
AND ALSO RECORDED UNDER RECORDING,NUMBER 7301120384;
THENCE SOUTH 89°08'15" EAST ALONG THE NORTHERIY LINE OF SAID VACATED PORTION OF 49TH
STREET NORTHEAST TO A POINT NORTH 1°53'45"EAST FROM THE TRUE POINT OF BEGINNING;
THENCE SOUTH t°53'45"WEST TO SHE TRUE POINT OP BEGINNING;
TOGETHER WITH THAT PORTION OF VAGATED "D" STREET NORTHEAST (86TH AVENUE SOUTH) AS
VACATED BY ORDINANCE NUMBER 2626, RECORDED UNDER RECORDING NUMBER 7301120385, AS
WOULDATTACH.BY-OPERATIONOFLAW;------ --- ----- ----- - ---. _- -- ----- _..- - - - - -.. _ -- - - -.._. _._._ _..
TOGETHER WITH THOSE PORTIONS. OF VACATED 49TH STREET NORTHEAST (SOUTH 280TH STREE
ADJOINING AS VACATED BY AUBURN ORDINANCES 2827, 3594,& 3614,RECORDED UNDER RECORDING
NUMBERS 7301120384, 8102090647 8 8104220744, RESPECTIVELY,AS WOULD ATTACH BYOPERATION OF
LAW;
ALSO KNOWN AS PORTIONS OF TRACTS 34, 35, 36, 37, 38 AND 39,TOGETHER WITH VACATED STREETS
ADJOINING, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED
PLAT THEREOFj.
ORD.A Page 277 of 907
PARCEL B:
THAT PORTION OF THE DONATION CAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX,'
DESIGNATED .AS CLAIM NO: 38,'BEING A PART OF SECTION 37,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 DONATION CLAIM, A DISTANCE OF 420.15 FEET
WEST OF THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 839.74 FEET TO THE NORTH MARCaIN OF SOUTH,280TH STREET, AS ESTABLISHED BY
DEEDS TO KING COUNTY,RECORDED UNDER,RECORDING NUMBERS 544798 AND 5869551;
THENCE WEST ALONG SAID NORTH MARGIN 258.26 FEET;
THENCE NORTH 840.74 FEET TO A POINT ON THE NORTH LINE OF SAID DONATION CLAIM A DISTANCE OF
259.24 FEET WEST OF THE POINT OF BEGINNING; '
THENCE EAST ALONG SAID NORTH LINE TO THE POINT OF BEGINNING;
EXCEPT THE EAST 30 FEET;AND
EXCEPT THAT PORTION,'IF ANY, LYING WITHIN SOUTH 277TH STREEf(52N0 STREET NORTHEAS;AND
EXCEFT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED
RECORDED UNDER RECORDING NUMBER.7103110262;
TOGETHER WITH THAT PORTION OF VACATED 49TH STREET NORTHEAST (SOUTH 280TH STREEn
ADJOIN NC AS VACATED BY AUBURN ORDINANCE 3594 RECORDED UNDER RECORDING NUMBER
8102090641,AS WOULD ATTACH BY OPERATION OF LAW;
AL50 KIVOWN AS A PORTION OF TRACT 42, TOGETHER WITFi VACATED STREETS ADJOINING, WHITE
RIVER VALLEY HOME TRACTS 2ND ADDII'ION,ACCORDING TO THE UNRECORDED PLAT THEREO.
PARCEL C:
THAT PORTION OF THE DONATION LAND,_CLAIM OF WILLIAM A COX,AND HIS WIFE, ELIZABEfH 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 ASFOLLOWS:
BEGINNING ON THE NORTH LINE OF SAID DONATION CLAIM, AT A POINT 679.39 FEET WEST OF THE
NORTHEAST CORNER THEREOF;
THENCE SOUTH 89°10'30"WEST ALONGSAID NORTH LINE 256.94 FEET;
THENCE SOUTH 0°49'30" 1NEST 841.7A FEET TO THE NORTH MARGIN OF SOUTH 280TH; STREET, AS
ESTABLISHED BY DEEDS TO KING COUNTY, RECORDED UNDER RECORDING NUMBERS 544798 AND
5869551,SAID POINT BEING SOUTH 86°58'30"WEST 938.52 FEET FROM THE EAST LINEOF SAIDDONATION
CLAIM;
THENCE NORTH 88°56'30"EAST ALONG SAID NORTH MARGIN 258.85 FEET;.
THENCE NORTH 84070 FEET TO THEPOINT OFBEGINNING;
IXCEPT THAT PORTION, IF ANY,LYING WITHIN SOUTH 277TH SIREET(52ND STREEf NORTHEAS;
TOGETHER WITH THAT PORTION_OF VAOATED, 49TH STREEf NORTHEAST (SOUTH 280TH STREEn
ADJOINING AS VACATED BY AUBURN OROINANCE 3594 RECORDED UNDER RECORDING NUMBER
8102090841,.AS.WOULDATTACH BY OPERATION OF LAW;___________
ALSO KNOWN AS TRACT 43, TOGETHER WITH VACATED STREET ADJOINING, WHITE RIVER VALLEY
HOME TRACTS2ND ADDITION,ACCORDING TO THE UNRECORDED PLAT THEREO.
PARCEL D:
THAT PORTION OF THE DONATION 6AND 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 COUN7Y,WASHINGTON, DESCRIBED AS FOLLOWS:
ORD.A Page 278 of 907
BEGINNING AT A POINT ON THE NORTH LINE OF SAID DONATION CLAIM, WHICH POINT IS 938.33 FEEf
SOUTH 89°10'30" WEST OF THE NORTHEAST CORNER OF SAID DONATION CLAIM; THENCE SOUTH
89°10'30"WEST ALONG THE NORTH LINE OF SAID DONATION CLAIM 258.64 FEET;
THENCE SOUTH 0°49'30"WEST 842.88 FEET TOA POINT ON THE NORTH.LINE OF THE COUNTY ROAD,AS
ESTABLISHED BY DEEDS TO KING COUNTY RECORDED LNDER.RECORDING NUMBERB 544796 AND
5869551, WHICH POINT IS 1.197.18 FEET SOUTH 88°58'30" WEST OF THE EAST LINE OF SAID DONATION
CLAIM;
THENCE NORTH 88°56'30" EAST ALONG-THE NORTH LINE OF SAID COUNTY ROAD 258.66 FEET; THENCE
NORTH 0°49'30"EAST 841.71 FEEi TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION, IF.ANY,LYING WITHIN SOUTH 277TH.STREET{52ND STREEf NORTHEAS;
TOGETHER WITH THAT PORTION OF VACATED 49TH STREET NORTHEAST (SOUTH 280TH STREEn
ADJOINING AS VACATED. BY AUBURN ORUINANCE 3594 REGORDED UNDER RECORDING NUMBER
8102090641,AS WOUI.D ATTACH BY OPERATION OF LAW;
ALSO KNOWN AS TRACT 44, TOGETHER WITH VACATED STREET ADJOINING, WHITE RIVER VALLEY
HOME TRACTS 2ND ADDITION,ACCORDING TO THE UNRECORDED PLAT THEREO.
PARCEL E:
THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A: COX AND HIS'WIFE, ELIZABEfFi COX,
DESIGNATED AS CLAIM NO. 38, BEINGA PART OF SECTION 31, T0INNSHIP 22 NORTH, RANGE 5 EAST,
WICLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWSi
BEGINNING ON THE NORTHERLY LINE OF SAID DONATION LAND CLAIM, AT A POINT WHICH IS SOUTH
89°70'30"VYEST 1,196.97 FEET FROM THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 89°10'30"WEST ALONG SAID NORTHERLY LINE 258:34 FEET;
THENCE SOUTH 1°03'30" WEST 843'.&4 FEET TO THE NORTHERLY LINE OF COUNTY ROAD, AS
ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND:
5869551;AT A POINT WHICH IS SOUTH.88°56'30" WEST 7,455.53 FEET FROM THE EAST UNE OF SAID
DONATION LAND CLAIM;
THENCE NORTH 88°58'30"EAST 258.35'FEET;
THENCENORTH 0°49'30"EAST 842.88 FEET TO THE POINT OF BEGINNING;
EXCEPT THE WESTERLY 3 FEET THEREOF'FOR COUNTY ROAD;AND
EXCEBT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277TH STREET(52ND STREET NORTHEAS;AND
EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED
RECORDED UNDER RECORDING NUMBER 7103110262;
TOGETHER WITH THAT PORTION OF,VACATED 49TH STREEf NORTHEAST (SOUTH 280TH STREE
ADJOINING AS VAGATED BY AUBURN ORDINANCE 3b94 RECORDED UNDER RECORDING NUMBER
8102090641,AS WOULD ATTACH BY OPERATION OF LAW;
ALSO KNOWN AS A PORTION OF TRACT 45, TOGETHER WITH YACATED STREET ADJOINING, WHITE
RIVER VALLEY HOME TRACTS 2ND ADDITION,ACCORDING TO THE UNRECORDED PLAT THEREO.
PARCEL F:
THAT PORTION OF THE WA. COX D.L.C:, _IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID W.A. COX D.L.C.;
THENCE WEST ALONG THE NORTH LINE THEREOF 210.15 FEET 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 NORTH LINE OF SOUTH ZSOTH STREEf AS
ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND
5869551,AT A POINT 420.31 FEET WEST FROM THE EAST LINE OF SAID COX D.L.C.;THENCE EAST ALONG
SAID NORTH LINE 208.94 FEET;
THENCE NORTH 839.0 FEET, MORE OR LESS; TO THE TRUE POINT OF BEGINNING; IXCEPT THE SOUTH
414.58 FEET THEREOF;AND
EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 2TTfH STREET(52ND STREET NORTHEAS;
ORD.A Page 279 of 907
ALSO KNOWN AS A PORTION OF TRACT 41, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION,
ACCORDING TO THE UNRECORDED PLAT THEREO.
PARCEL G:
THAT PORTION OF THE WA COX D.LC. IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE.NORTHEAST CORNER OF SAID WA.COX D.L.C.:
THENCE WESTALONG THENORTH LINE THEREOF 210:15 FEEi;
THENCE SOUTH 839 FEET, MORE OR LESS, TO THE NORTH LINE OF SOUTH 280TH' STREET AS
ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544788 AND
5889551,AT A POINT 210.37 FEET WESTOF 1'HEEAST LINE OF SAID,D:L.C:;
THENCE EAST ALONG SAID NORTH LINE 210.37 FEET TO `THE EAST LINE OF SAID D.L.C.; THENCE
NORTHERLY ALONG SAID EAST'LINE 838.2 FEET TO THE POINT OF BEGINNING; EXCEPT THE SOUTH
414.58 FEET THEREOF;AND
EXCEPT THAT PORTION, IF ANY,LYING WITHIN SOUTH 277TH STREET(52ND STREEf NORTHEASn;
ALSO KNOWN AS A PORTION OF TRAGTS 40 AND 41,WHITE RIVER VALCEY HOME TRACTS 2ND ADDITION,
ACCORDING TO THE UNRECORDED PLAT 7HERE0.
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 Y2 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING ATTHENORTHEAST CORNER OF SAID DONATION IAND 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°OB'15"WEST TO THE EAST MARGIN OF KENT-AUBURN ROAD(88TH AVENUE
SOUTH),AS ESTABLISHED BY DEED TOKING COUNTY RECORDED UNDER RECORDING NUMBER 761007;
THENCE NORTHERLY ALONG SAID EASTERIY MARGIN TO A POINT FROM WHICH THE TRUE POINT OF
BEGINNING BEARS SOUTH 8T24'27"EAST;
THENCE SOUTH 87°24'2T EAST TO THE TRUE POINT OF BEGINNING;
TOGETHER WITH THAT PORTION OF VACATED "D" STREET NORTHEAST (86TH AVENUE SOUTH)
ADJOINING,WHICH UPON VACATION,ATTACHED TO SAID PROPERTY BY OPERATION OF LAW;
ALSO KNOWN AS A NORTHWESTERLY PORTION OF TRACT 38, TOGETHER WffH VACATED STREET
ADJOINING, WHITE RIVER VALCEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED
PLAT THEREO.
PARCELL•
A TRACT OF LAND IN THE WA.COX DONATION LAND CLAIM NO. 38, IN SECTION 31,TOWNSHIP 22 NORTH,
RANGE5 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT AN INTERSECTION IN THE CURVE OF THE EASTERLY MARGIN OF THE KENT-AUBURN
ROAD,AS ACQUIRED BY KING CQUNTY IN SUPERIOR COURT CAUSE;NO. 85322, ALSO KNOWN AS ROAD
76, AND THE NORTHEASTERLY MARGIN OF AUBURN N/AY NORTH; THENCE SOUTH 35°14'08" EAST
ALONG THE EASTERLY MARGIN OF AUBURN WAY NORTH 65'.00 FEET TO THE POINT OF BEGINNING OF
SAID TRACT OF LAND;
7HENCE CONTINUING SOUTH 35°14'08"EAST 248.49FEET;
THENCENORTH 49°55'00"EAST 126.88 FEET;
THENCE NORTH 34°44'00"WEST 146.85 FEET;
ORD.A Page 280 of 907
THENCE NORTH 89°4T75"WEST 158.77 PEEf TO THE POINT OF BEGINNING;
ALSO KNOWN AS A FORTION OF TRACTS 34 AND 35,WHITE RIVER VALLEY HOME TRACTS 2ND ADDIl10N,
ACCORD NG TO THE UNRECORDED PLAT THEREO.
PARCELJ:
PARCEL ,1, CITY_OF AUBURN SHORT PLAT'NUMBER SP-29-79,RECORDED UNDER RECORDING NUMBER .
7912120808, SAID SHORT PLAT BEING A SUBDIVISION OF A PORTION OF THE WA. COX DONATION IAND
CLAIM NO. 36, IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING
COUNTY,WASHINGTON;
TOGETHER WITH THAT PORTION OF VACATED "D" STREET NORTHEAST ADJOINING, AS WOULD ATfACH
BY OPERATION OF LAW;
TOGETHER WfiH AN EASEMENT FOR INGRESS.'EGRESS AND UTILITIES OVER PARCEL 2 OF SAID SHORT
PIAT,AS ESTABLISHED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER7908281042.
PARCEL K:
THAT PORTION OF PARCEL 2, CITY:OF AUB_URN SHORT PLAT_NUMBER SP-29-79, RECORDED UNDER
RECORDING NUMBER 7912120806, LYING WEST OFTHESOUTHERLY 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 CIAIM NO.38,
N SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON.
PARCEL L:
THE SOUTH 200 FEET OF THE EAST 110FEET OF THAT PORTION OF W.A. COX DONATION CLAIM NOS. 38
AND 43, IN KING COUNTY, WASHINGTON, DESCRIBED ASFOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE WHITE RIVER VALLEY,HOME TRACTS; THENCE SOUTH
ALONG EAST LINE TO SOUTHEAST CORNER OF'TRACT 32 OF SAIDADDITION; THENCE EASTERLY TO A
POINT 258.2 FEET EA$T OF EAST LINE OF SAID TRACT 32;THENCE NORTH 809.4 FEET TO NORTH LINE OF
DONATION CLAIM;
THENCE WEST 258.2 FEET TO BEG NNING;
EXCEPT STATE ROAD NO. 5;
AND EXCEPT ANY PORTION LYING WITHIN,THE RIGHT OF WAY FOR 49TH STREET NORTHEAST.
PARCEL M:
THAT PORTION OF THE WA. COX DONATION LAND CIAIM NOS. 38 AND 43, IN KING COUNTY,
WASHINGTON,DESCRIBED AS FOLLOWS:
BECoINNING AT THE NORTHEAST CORNER OF WHITE RIVER VALLEY HOME TRACTS, ACCORDING TO THE
PLATTHEREOF,RECORDED IN VOLUME_13.OE 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 PO NT 258.2 FEET EAST OFEASTtINE OF SAID TRACT 32;THENCE NORTH 809.4 FEET TO
NORTH LINE OF DONATION CLAIM;
THENCE WEST258.2 FEET TO BEGINNING;
ORD.A Page 281 of 907
IXCEPT STATE ROAD NO. 5;
AND EXCEPT THE SOUTH 200 FEET OF THE EAST 110 FEET THEREOF;
AND EXCEPTANY PORTION LYING WITHIN THE RIGHT OF WAY FOR 49TH STREET NORTHEAST;
AND IXCEPT ALL THAT PORTION OF ' THE FOLLOWING DESCRIBED TRACT OF LAND LYING
SOUTHWESTERLY OF A L NE DRAWN 15.2 FEET RADIALLY FROM A POINT 52 FEET NORTHEASTERLY OF
STATION 122 + g3 OF AUBURN WAY NORTH AND EXTENDING EROM THE`NORTH LINE OF 49TH STREET
NORTHEAST TO A POINT OPPOSITE STATION 122+ 72(AND AS CONVEYED TO THE.CITY OF AUBURN BY
DEED RECORDED UNDER RECORDING NUMBER 7911271078, RECORDS OF KINGCOUNTY,WASHINGTON):
THAT PORTION OF W.A. COX DONATION CLAIM NOS. 38 AND 43, IN KING COUNTY, WASHINGTON,
DESCRBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE WHITE RIVER VALLEY HOME TRACTS,ACCORDING TO
THE.PLAT THEREOF,RECORDED IN VOLUME 13 OF PLATS, PAGE;17, IN KING COUNTY,WASHINGTON;
THENCE SOUTH ALONG EAST LINE TO SOUTHEAST CORNER OF 1RACT 32 OF SAID ADDITION; THENCE
EASTERLY TO A POINT 258.2 FEET EAST OF'EAST LINE OF SAID TRACT 32;THENCE NORTH 808.4 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 DONATION LAND CLAIM IN SECTION 31,TOWNSHIP
22 NORTH, RANGE 5 EAST,W.M.,IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING 1,454.4 FEET WEST OF THE NORTHEAST CORNER OF SAID WA.COX DONATION LAND CIAIM;
THENCE SOUTH 843.64 FEEf; THENCE WEST 258.08 FEEf; THENCE NORTH 844.6 FEEf; THENCE EAST
258.95 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINEAFTHE ABOVEDESCRIBED 7RACT OF LAND,A DISTANCE 312
FEEf NORTH OF THE SOUTHEAST CORNER THEREOF;
THENCE SOUTH ALONG SAID EAST LINE 312 FEET;
THENCE WEST ALONG THE SOUTH LINE OF SAID ABOVE DESCRIBED 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 PURPOSES 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 1N VOLUME 469 OF DEEDS,
PAGE_605,RECORDS_OF KING COUNTY;_,__,
ALSO EXCEPT THAT PORTION, IF ANY,LYING WITHIN SOUTH 277TH STREET(52ND STREET NORTHEAS;
BEING KNOWN AS A PORTION OF TRACL48,WHITE RIVER VALLEY HOME TRACTS NO.2,ACCORDING TO
THE UNRECORdED PLAT THEREOF.
PARCEL O:
THAT PORTION OF LOT 32, WHITE RIVER VALLEY HOME TRACTS;ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 13 OF PLATS AT PAGE 17, IN kING COUNTY, WASHINGTON, LYING
NORTHEASTERLY'OFPRIMARY STATE HIGHNlAY NO.5;
ORD.A Page 282 of 907
IXCEBT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED AUGUST 18,
1964UNDERRECORDING NO.5775470.
ORD.A Page 283 of 907
ATTACHMENT 2—AUBURN GATEWAY PROJECT SITE PLAN
The Project Site Plan is incorporated into the Agreement and is attached. Below is a brief
descriprion of the Project The Project is more fully described in the SEPA Final Environmental
Impact Statement and supplemenu'and addenda, eta (Attachment 3)on file with the City:
Attachment 2ORD.A Page 284 of 907
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i I PROJECT SITE PLAN
ORD.A Page 285 of 907
ATTACHMENT 3 - CITY OE AUBURN'S ENVIRONMENTAL REVIEW
DRAFT AND FINAL NORTI-IEA$T AUBURN/ROBERTSON PROPERTIES
ENVIRONMENTAL IMPACT STATEMENTS AND SUPPLEMENTS AND ADDENDA,
ETC.
1. Draft Environmental Impact Statement Northeast Auburn Robertson Properties Special '
Area Plan, City of Auburn,2004
2. Final Environmental Impact Statement Northeast Aubum Ro6ertson Properties Special
Area Plan, City of Auburn,2004
3. Addendum Final Environmental Impact Statement 1Vortheast Auburn Robertson
Properties Special Area Plan,City of Auliurn, 2004—clarificadon of wetland-related teict,page 9
4. Addendum to Final Environmental Impact Statement Northeast Aubum Robertson
Properties Special Area PIan,.City of Auburn, 2011 —evaluates I 1 acres added to the project site,
identification of project phasing, changes in intersection signalization, changes in surrounding
development, changes in regulations
Due to the corrsiderable size of the EIS-related documents, hard copies of the documents have
not been reproduced for gll packets distr,ibutedfor the meeting. Electronic copies of the
documents are available in the electronic distribution and hard copies are available on request
from the Ciry ofAuburn, Planning and Community DevelopmentDepartment at One East Matn
Street, Auburn Wi198001, 253-804-5033.)
Attachment 3ORD.A Page 286 of 907
ATTACHMENT 4—AUBURN GATEWAY
ARCHITECTURAL AND SITE DESIGN STANDARDS DOCUMENT
Attaclunent,4ORD.A Page 287 of 907
ATTACFIMENT 5—DEVELOPMENT REGULATIONS
Listing of Development Regulations as provided for in Section 4 of the Development
Agi eement.
ACC Title 12, (Streets, Sidewalks and Public V orks) Except Chapters 12.04 (Public Works
Construction) and 12.64A(Required Pulilic Itnprovemeats), and excluding any provision in Tifle
12 requiring payment of pemut fees and assessments and excludiag provisions setting forth
permit procedwes.
ACC Chapter 15.68, Flood Hazard Areas except any provisions related to requiring payment of
fees and permit pmcedures:
ACG Tifle 16 (Environmental Rediew, Shoreline Development Pemuts and Critical Areas
Regulations)except aay provisions related to requiring payment of fees and permit procedures.
ACC Title 17 (Land Adjushnents.and Divisions) except any provisions related to requiring
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 Attachment 5 are not in a form suitable for recording.
Copies of the Development Reguladons Attachment 5 have beenprovided to Aubum Properties
Inc. and the City of Auburn with this Agreement and ai the time of this Agreement. Any person
wanting copies of this Attachment 5 may obtain such copies by contacting the City Clerk, at the
City of Auburn City Clerk's Offi_ce25:West Main Street, Auburn, WA, 98001, (253) 931-309Q
or Aubum Pmperties Inc.;Attn: John Manavian c/o Robertson Properties Group, 120 N.
Robertson Blvd., Los Angeles, CA 90048,Telephone No.: (310)'855-8484 or Telecopier No.:
310) 642-8538
Attachment 5ORD.A Page 288 of 907
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
Ordinance No. 6382
November 16, 2011
Page 1 of 12ORD.A Page 289 of 907
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.
19711-405 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 12ORD.A Page 290 of 907
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 12ORD.A Page 291 of 907
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 12ORD.A Page 292 of 907
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,
Ordinance No.6382
November 16, 2011
Page 5 of 12ORD.A Page 293 of 907
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 12ORD.A Page 294 of 907
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 12ORD.A Page 295 of 907
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.
Ordinance No. 6382
November'16, 2011
Page 8 of 12ORD.A Page 296 of 907
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.
Ordinance No. 6382
November 16, 2011
Page 9 of 12ORD.A Page 297 of 907
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 12ORD.A Page 298 of 907
Exhibit 1 - Planned Action Mitigation Measures
Ordinance No. 6382
November 16, 2011
Page 12 of 12ORD.A Page 299 of 907
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
ORD.A Page 300 of 907
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
ORD.A Page 301 of 907
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
ORD.A Page 302 of 907
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
ORD.A Page 303 of 907
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
ORD.A Page 304 of 907
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
ORD.A Page 305 of 907
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
ORD.A Page 306 of 907
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
ORD.A Page 307 of 907
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 ofcompensatory 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
ORD.A Page 308 of 907
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
ORD.A Page 309 of 907
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
ORD.A Page 310 of 907
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
ORD.A Page 311 of 907
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
ORD.A Page 312 of 907
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
ORD.A Page 313 of 907
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
ORD.A Page 314 of 907
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
ORD.A Page 315 of 907
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
ORD.A Page 316 of 907
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 analyses 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
ORD.A Page 317 of 907
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
ORD.A Page 318 of 907
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
Page 11 of 12ORD.A Page 319 of 907
ORDINANCE NO. 6 3 9 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, RELATING TO PLANNING;
ADOPTING COMPREHENSIVE PLAN MAP AND TEXT
AMENDMENTS PURSUANT TO THE PROVISIONS OF
RCW CHAPTER 36.70A
WHEREAS, the City of Auburn on August 18, 1986 adopted a Comprehensive
Plan by Resolution No. 1703 which includes a Map establishing the location of the
Comprehensive Plan Land Use Designations throughout the City; and
WHEREAS, on April 1Z, 1995 the City of Auburn adopted Comprehensive
Plan Amendments by Resolution No. 2635 to comply with the Washington State
Growth Management Act; and
WHEREAS, the City of Aubum on September 5, 1995 reaffirmed that action
by Ordinance No. 4788; and
WHEREAS, the City of Aubum published in the Seattle Times and Auburn
Reporter an advertisement that the City was accepting comprehensive plan
amendment applications and established a deadline for submittal of June 10, 2011;
and
WHEREAS, the Ciry of Aubum received one pribately-initiated amendment
map amendment (CPA11-0001); and one privately-initiated combined map
amendment and text amendment (CPA11- 0002); and
WHEREAS, the City of Aubum initiated two map amendments and ten text
amendments (CPA11-0003); and
Ordinance No. 6394
November 29, 2011
Page 1
ORD.A Page 320 of 907
WHEREAS, Comprehensive Plan map and te ct amendments were processed
by the Planning and Development.DepartmeM as proposed Year 2011 amendments
to the City ofAubum Comprehensive Plan; and
WHEREAS, maintaining a current Capital Facilities Plan is required in order to
meet regulations of the Growth Management Act under RCW 36.70A; and
WHEREAS, the environmental impacts of the Year 2011 Comprehensive Plan
amendments were considered in accordance with procedures of the State
Environmental Policy Act; and
WHEREAS, the proposed amendments were transmitted to the Washington
State Department of Commerce, Growth, Management Services Division and other
State agencies for the 60-day review period in accordance with RCW 36JOA.106;
and
WHEREAS; after proper notice published in the City's official newspaper at
IeasYten (10) days prior to the date of hearing, the Aubum Planning Commission on
October 18, 2011 and Nodembec 9, 2011 conducted public hearings on 1he proposed
amendments; and
WHEREAS, at thepublic tiearing theAubum City Planning Commission heard
public testimony and took eVidence and exhibits into consideration; and
WHEREAS, thereafter the Auburn City Planning Commission made
recommendations to the City Gouncil on the proposed Year 2011 Comprehensiye
Plan map and texFamendments;: and
Ordinance No. 6394
November 29, 2011
Page 2
ORD.A Page 321 of 907
WHEREAS, on November 14, 2011 the Planning and Community
Development Committee of the Aubum City Council reviewed the Planning
Commission's recommendations; and
WHEREAS, on November 21, '2011 the Public Works Committee of the
Aubum City Council reviewed the Planning Commission's recommendafions; and
WHEREAS, on November 28, 2011 the Planning and Community
Development Committee of the Aubum City Council made a recommendation to the
Citp Council; and
WHEREAS, on December5, 2011, the Aubum City Council considered the
proposed Comprehensive Plan amendments as recommended by the City of Aubum
Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CI'fY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The 2011 Comprehensive Plan city-initiated Map Amendments
CPA11-0003) are adopted and approved as set forth in Exhibits "A" and "B" as
attached hereto and incorporated lie ein by reference. The City Clerk shall file
Exhibits "A" and "B" along with this Qrdinance and, keep them available for public
inspection.
Section 2. The 2011 Comprehensive Plan Text Amendments (CPA11-
0003), including the amendments to the City of Auburn Comprehensive
Transportation Plan, amendments to the City of Aubum Comprehensive Stormwater
Drainage Plan, Amendmerrts to the Northeast Auburn/Robertson Properdes Special
Ordinance No. 6394
November 29, 2011
Page 3
ORD.A Page 322 of 907
Area Plan, and various amendments to certain chapters of the Aubum
Comprehensive Plan (Chapter 3, Land Use; Chapter 4, Housing; Chapter 8,
Economic Development; Chapter 9; The Environment; Chapter 14, Comprehensive
Plan Map; and Appendix 6) are adopted and approved as set forth in Exhibit "C"
attached hereto and incorporated herein by reference. The City Clerk shall file them
along with this OMinance and keep them available for public inspection. The full text
ofthe Capital Facilities Plan of4he City and the four school districts Capital Facilities
Plans are adopted with the City's Comprehensive Plan; copies of which shall be on
file with the Office of the City Clerk. . The City Clerk shall file them along with this
Ordinance and keep them available for public inspection. Council adopts both the
Planning Commission's recommendations, dated October 18, 2011 as amended by
the Planning and Community Developmerrt Committee on November 28, 2011 and
the findings and conclusions outlined in the NoVember 29, 2011staff report, both
attached as Exhibit "D".
Section 3.. Application CPA11-0001, Terrace View Properties, LLC
Comprehensive Plan Map Amendment, requesting a land use designation change
from Light Commercial to Heayy Commercial for property identified by parcel
numbers 3121059056 and 3121059010 is approved as set forth in Exhibit "E"
attached hereto and incorporated herein by reference. Council adopts both the
Planning Commission's November 9, 2011 recommendations, and the findings and
conclusions outlined in the November 29, 2011 staff report, both attached as Exhibit
p
Ordinance No. 6394
November 29, 2011
Page 4
ORD.A Page 323 of 907
Section 4. Appiication CPA11-0002, Segale Properties, _ LLC
Comprehensive Plarr Map Amendment; requesting a land use designation change to
include within the Stuck River Road Special Plan Area the properties identified by the
following eight parcel numbers: 3221059001, 3221059002, 3221059003,
3221059004, 3221059008, 3221059024, 3221059026, and 3221059031 is approved
as set forth in Exhibit "F" attached hereto and incorporated herein by reference.
Also, the related Comprehensive Plan Text Amendments requesting modification of
the description and purpose of the 8tuck River Road and Mount Rainer Vsta Special
Plan Areas to Chapter 14, Comprehensive Plan Map, is approved as set forth in
Exhibit "C" attached hereto and incorporated herein by reference. Council adopts
the Planning Commission's November 9, 2011 recommendations, as amended by
the Planning and Community Development Commitfee on November 28, 2011 and
the findings and conclusions ouUined in the November 29, 2011 staff report, both
attached as Exhibit "D".
Section 5. The 2011 Comprehensive Plan amendments modify the
Comprehensive Plan adopted on August 18, 1986 by 'Resolution No. 1703 and
adopted by Ordinance No. 4788 on September5; 1995.
Section 6. The adopted Comprehensive Plan as amended is designated as a
basis for the ezeroise of substantive authority under the Washington State
Environmental Policy Act by the City's responsible environmental official in
accordance with RCW. 43.21C.060.
Ordinance No. 6394
November 29,2011
Page 5
ORD.A Page 324 of 907
Section 7. If any section,su6section, sentence, clause, phrase or portion of
this Ordinance or any of the Comprehensive Plan amendments adopted herein, is for
any reason held invalid or unconstitutional by any Court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions thereof.
Section 8. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation to
include incorporating into one document the adopted Comprehensive Plan map and
text amendments, attached fiereto as E chibit "A", Exhibit "B", Exhibit "C", Exhibit "D"
Exhi6it "E" and Exhibit "F° preparing and publishing the amended Comprehensive
Plan.
Section 9. This Ordinance shalll take effect nd be in force five (5) days
from and after fts passage, approyal and publication as provided by law.
DEC b 2011
INTRODUCED:
PASSED: DEC b 2011
APP DEC '5 2011
u
Peter B. Lewis
MIAYOR
Ordinance No. 6394
November 29, 2011
Page 6
ORD.A Page 325 of 907
ATTEST:
Danielle E. Daskam,
City Clerk _
APPROVED AS TO FORM:
Dan I . Hei ,
City Attomey
Publishedc C-*--'`' /`'^"-'" '`
Ordinance No. 6394
November 29, 2011
Page 7
ORD.A Page 326 of 907
DItAFT SPECIAL AREA PLAN
Northeast Auburn/Robertson Properties
Auburn, Washington
Prepared for
City of Auburn
July 2004
Revised October 2011
ORD.A Page 327 of 907
DRAFT SPECIAL AREA PLAN
Northeast Auburn/Robertson Properties
Auburn, Washington
Prepared for
City of Auburn
25 West Main Street
Auburn, Washington 98001-4998
Prepared by
Herrera Environmental Consultants, Inc.
2200 Sixth Avenue, Suite 1.100
Seattle, Washington 98121
Telephone: 206/441-9080
July 2004
Revised December 2004
Revised October 13, 2011
ORD.A Page 328 of 907
Contents
1. Introduction...............................................................................................................................l
1.1. Purpose of the Special Area Plan..................................................................................1
1.2. Background/Study Area................................................................................................1
13. Relationslup of Special Area Plan to Auburn Comprehensive P1an.............................5
1.4. Public Process...............................................................................................................6
2. Policies and Objectives................................................................................... .....: 7
f..................
21. Overall Vision.......................................................................:.!/ ` .....................7
2.2. LandUse.................................................................................,/....,......... ...8
1123. Traffic and Circulation ............... .... ........... ................
182.4. Stormwater Management............... ........................ ..
2.5. Floodplain Management...............................................1.::,.. ..::..................................18
2.6. Urban Design and Public Amenities.....................................:,.%........................20
3. Implementation.............................................................,.::.\.............;..............................23
3.1. Establishment of a Plan for New Streets axid U i ties../.............. . .23
3.2. Apportionment of Floodplain Compens tion$ene its from the Port of Seattle
Wedand Mirigation Site......................%.;1....;1.....................................................26
33. Creation of New Land Use District(Cucr ntly"fermed C4)......................................27
3.4. Adoprion of the Planned Actioii Ordinance..:.............................................................28
4. References..................................;, ... . . .........................................................................29
Figures
Figure1. Viciniry map of-he planning azea for the NE Auburn/Robertson Properties
Special Ate,a Plan in Auburn, Washington. ....................................................................3
Figure 2. Aerial,niap of the planning azea for the NE Auburn/Robertson Properties
SpecYalArea Plan............................................................................................................4
Figure 3. Proposed zoning for the NE Aubum/Robertson Properties Special Area Plan. ...........10
Figure 4. Road layout and classifications under the Prefeaed Altemative for the NE
Aubum/Robertson Properties Special Area Plan..........................................................13
ORD.A Page 329 of 907
Special Area Plan—Northeast Aubum/Robertson Properfies
Northeast Auburn/Robertson Properties
Special Area Plan
1. Introduction
1.1. Purpose of the Special Area Plan
The purpose of the Northeast Auburn/Robertson Properties Special Area Plan is to address the
issues identified in the Ciry ofAuburn Comprehensive Plan (.Auburn2007)for the northernmost
portion of the city, between Aubum Way North and the Green River; which}s f red to as the
Northeast Aubum Special Plan Area(Figure 1). The Comprehensive P tified landbuse,
transportation, stormwater, flooding, azid development of the Port of eattle t ve dlni.tigation
site as key elemen;s to be;addressed in the plan for this area: 1'his ial9azea plan:presents
solutions for limitations that have previously discouraged develop 'erit in this azea and pmposes
actions that will both expedite development and protect against ade "' e» uontnental impacts
due to development.
r/, "
1
This Special Area Plan is intended to be implemented o y thiau L ubsequent approval of a
development agreement pursuant to RCW 36.70B.1 2 antl`lanned action ordinance
pwsuant to RCW 43.21C.031 and WAC 197-11-1b,,4;- . 8,-172.
The Special Area Plan was ori ignallyproviibnallvadoptedbyAuburnCitvCouncilbv
Ordinance No. 6183 in June 2008. The rovisional adoption included zoning code man and text
changes. comnrehensive nlan ma aud text han es,and Special Area Plan adootion to
implement the policy d'uection-of.the Special iea Plan. The comprehensive plan and zoning
chan es are conditioried n:the ccessffl'execution o£a develo ment a eement between the
City and Robertson.'Properties roon(RPGI. These changes in designations do not become
permanent until ie Citv Councilconducts apublic hearina and,approves a development
aereement. Aue to the time inteival of several veazs between the ori '>nal_provisional adoption of
the Speci Ar a Plan and as.s o'ciated Comnrehensive Plan chan es (2008) and the execution of
the Dev'eloprr5ent AQreement there is a need to subsequentiv redise and update the Special Area
Plan.
1Z. Backgr nd/Study Area
The area identified in the Comprehensive Plan includes.several lazge tracts of land that aze either
undeveloped or in low-intensity uses: The orig,inal boundaries shown in the City's 2007
Comprehensive Plan mapped designation included the area east of Aubum Way North,west of
the Green River, south of S. 277' Street:and north of 37' Street NE. Prior to the adoption of the
Northeast Aubum/Robertson Properties Special AreaPlan,zoning in the study area allowed
multifamily residential development Identified as R4, Multiple Familv Residentiall in the
northeastern portiorr of the azea and heavy commercial development(Identified as C3. Heaw
Commerciall in the western portion of tHe area A few lazge parcels in the center of the azea(the.
Valley 6 Drive-in T'heater)had Unclassified zonin (Identified as i1NCl, which allowed only
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Octobec 13, 2011 I Herrera Environmental ConsultantsORD.A Page 330 of 907
Special Area Plan—NoRheast AuburNRobertson Properties
low-density residential development and was intended to be a temporary designation until
appropriate zoning for the property was established.
In the azea,there aze few roads, limited drainage infrastructure, and several wetlands,and the
azea is subject to flooding. The azea is also underserved by public utilities.
The area is adjacent to two principal arterials. The construction of a minor arterial through the
area(I Street NE) is planned; it will serve as an alternative north-south route and provide access
to properties in the azea Its potential for excellent vehicle access and its flat terrain make the
area well suited for commercial and multifamily deyelopment.
For this special azea plan, the City established a"planning azea"or stud o{ f_a'ppioxi ately
120 acres of land bordered by Auburn Way North; South 277' Street,45'Stree• ` ,and the.
existing undeveloped right-of-way of I Street NE (Figure 2).
The planning effort for theNortheast Auburn/Robertson Propert e 5"acial Area'Plan was diiven
lar el b the desire of Robertson Pro erties Grou RPG ,the lar es ro holder in theSYYPP ) g F .P Y,
planning area,to redevelop the Valley 6 Drive-in Theater complex and a jacent properties. RPG
proposes to redevelop these properties(refeaed`to he eaft asthe Aubum Gateway project area)
with a mix of retail, office,and/or multifainily res tial uses:. The Aubum Gateway project
E
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Herrera Environmenta/Consultants 2 December 21,.2011ORD.A Page 331 of 907
Special Area Plan—Northeast Aubum/Robertson Properties
Fignre 1. Vicinity map of the planuing area for the NE Aaburn/Robertson Properties
Special Area Plan in Auburn,Washington.
8:Sx11 b/w
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Octobec 13, 2011 3 Herrera Environmental GonsultantsORD.A Page 332 of 907
Special.Aiea Plan=NOrtheast Aubum/Robertson Properties
Figure 2. Aerial map of t6e planning area for the NE Auburn/Robertson Properties
Special Area Plan:
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Henera Environmental Consuttants 4 December 21, 201 fORD.A Page 333 of 907
Special Area P/a Northeast Aubum/Robertson PropeRies
area also.includes three adjacent pazcels(identified as the McKee pmperty, Stein property, and
tlie southeast comer residence)that could be developed together with or sepazately from the RPG
properties. The orieinal Aubnm Gateway project area includedsa total of approximately59.5 I
acres. The boundaries of the planning azea, the Aubum Gateway project area, and these three
properties aze shown in Figure 2. _
The provisional adoption bv Auburn Ciri Council bv Ordinance No. 6183 in June 2008 included
zoning code map and text changes and comprehensive plan map and text chan es to implement
the policv direction of the Special Area Plan. T'he adoption also reduced the exteriorboundaries
of the Special Area Plan desienation. With this nlan adontion,the boundaries now more closelv
approximate the Project Area and Planning Area Boundaries, of the EIS.Tie e°ed boundaries
now aze: east of Auburn Wav North, west of the Port of Seattle Access`Parcel`sJpaicel nu bers
0004200006. 9360600258 and 73606002601 and north of 45' Street NE.
After the renaration of a Draft and Final Environmental Impact S temBnts(EISI d
J
provisional adoption of the Snecial Area Plan, in 2007 and 2008 obertson Pr.6perties Group
RPGI acquired an additional appioximately eleven acres of pronertv withirithe original
planning area"or studv azea. Ttie additional four pazcels omprisin th aepp 'r ximoatelyeleven
acres.aze located west of the Valle -6 Drive-in Theat c om 'lez and west of D Street NE and aze
referred to as the"Auburn Gateway II"area. The ded.elev`en:aeres increased the size of the
Aubum Gateway Project area from approximatelyr59.5{0 70 5 acres while the amount of
development proposed remained unchaneed:Due to h'aldditional propertv,chan es in city
policies and development regulations and u'e to chan€es in the surroundin¢develonment, an
addendum to the vrevious Environme ifal'Tmoact Statemenu was required by and nrenazed under
the direction of the City. A revisionran.up ste.to the Special Area Plan was also wamdnted by
t---
the time interval between.on ina doptionan2008 and execution of the development a eement.
The special are an is intende :to allow flexibility for responding to market conditions within a
specified rangfof land uses. Tli plan would be implemented in multiple phases over
approximat y years.
1.3. Relahonshi of pec al Area Plan to Auburn Compre6ensive Plan
This Northeast Auburn/Robertson Properties Special Area Plan is a component or sub-area olan I
of the Ciry ofAuburn Comprehensive Plan; therefore,the policies contained herein are policies
of the Comprehensive Plan.
The Northeast Aubum Special.Plan Area idenrified in the Comprehensive Plan had different
boundaries from those of the planning area chosen for the special azea plan. The planning azea
for this plan was chosen for several reasons. All of the Auburn Gateway project area is included.
Because the Port of Seattle construction access property includes an undeveloped sVeet right-of-
way (I Street NE) and because of a desire to examine altemative location for roads serving the
planning area, the northem portion of tfiis Port property was included in the planning area.
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OCtober 13,2011 5 Herrera Environmental ConsultantsORD.A Page 334 of 907
Special Area Plan—Northeast AuburM2obertson Properties
The properiy east of the planning azea(Bristol property, also known as River Sands or Trail Run
plat development) was omitted at the owners' request. The Port of Seattle wetland mitigation
site to the southeast was left out of the planning azea for the Northeast Auburn/Robertson
Properties Special Area Plan because the permitting process for the Port's project was expected
to proceed in advance of this planning process. Permits for the Port of Seattle ("Port"1 wetland
mitigadon site were subsequently issued bv aaencies with jurisdiction and the construction
comnleted. Maintenance and monitorin of the wetland mitigation construction performance is
on oin by the Port.
In 2007 b Ci Ordinance No. 6102 the Ci ofAuburn and Port of Seattlea eed that the.Ci
would vacate ortions of the undevelo ed north-south ali ment of I.u eet I E liiseetin .fhe Port
of Seattle's Access Pazcels (pazcel numbers 0004200006, 9360600258 and'7360 'Ob3605and in
exchan e for the vacation, the Citv would receive ri ts-of-wav in rvi d locationonducive to
a new street network. The new rights-of-way include an east-west ri htof-wav.on the south side
of S 277`h Street, new east-west right-of-way for the extension o 49th StreetI*lE and a re-ali ned
north-southseQment of I Street NE, south of 45' Street NE. There isa utu're opportunitv
between the Citv and Port through agreement to adjust the'location of fhe ri hts-of-wav for
oses such as minimizin the im act on wetlands d achie le road ali ents.
Properties south of the Port of Seattle wetland mitigarion sity were not examined in this planning
process because at the start of the rocess litfle wasis'kaown about specific development plans
for ttiese properties. As witH all adjacent properties,thowners were contacted;'however, they
submitted no comments during the p\g process.
Prior the update and revisiorio.h Spec alG-A'rea Plan,the apnroximatelv 41-acre Bristol
Propertv, also known!astheRiver_Sands oi Trail Run nlat was develooed between thevears of
2005 and 2009 wif i 115 multiple familv dwellina units on a lot and 174 single familv dwelling
units each onxheir own lot under.fhe citv's then Planned Unit Development (PUDI regularions.
This proiec included an interi`m'si¢nalized vehicle access to S 277'" Street and roadway stub to
the west'for a fu ure connection to the extension of 49' Street NE.
Also,prior the updat revision of the Special Area Plan, the anoroximatelv 40-acre pazcel
known as Auburn 40 or Monterev Park and located south of the Port of Seattle wetland
miti ation sife as developed for 239 single family dweping units under the ciry's then Planned
Unit Development(PUD)re ulations. To meet secondarv access requiremenu, the City
roval of this development included a phased extension of I Street NE north to connect io 45`'
Street NE and proportional share of the sig.nalized intersection of 45"' Street NE and Aubum
Wav North.
1.4. Public Process
The planning process for the Northeast Auburn/Robertson Properties Special Area Plan has
included public meetings and requests for public input at several stages. Mailings were provided
to all owners and occupants within the planning azea and within 1,000 feet of the planning azea. -
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Henera Environmental Consultants 6 December 2f,2011ORD.A Page 335 of 907
Special Area P/an—Northeast Aubum/Robertson Properties
Public meetings were held to'explain the purpose of the planning process,to obtain input on the
environmental review of the proposal, and to obtain input on the altematives under
consideration.
The special azea plan is organized in two parts:
Policies and Otijectives, which describes the overall vision for the
planning azea and the policies that express the objectives of the special
azea plan
Implementation,which describes the methods by which thespa ialyarea
plan will be implemented.
2. Policies and Objectives
2.1. Overall Vision
The Northeast Auburn/Robertson Properties Special Area lan provide B vision of high-quality
mixed-use uTban development in the largely undevel ed 2i iin ierutIlized planning area near
South 277' Street and Auburn Way North. A wide ge tisesvnll be possible in the planning
azea but will likely iaclude a lazge retail shopping c erwi 1 the possibility of substanrial officeandmultifamilyresidentialusesintheAubwi`Ciate y.pr ject area in the center of the planning
area. Development in the Aubum Gatewa-pro ect azea-will be guided by a set of design
standards ' ' es that will provide a'hesive and amactive appearance for the azea.
Development east and west of the AtibTir'n C3ateway project area will be facilitated by floodplain
management planning and.the'cAmpletion qfn streets tUcough the planning azea.
New roads will impro" ve access o,l parc in the planning area: I Street NE will extend from
South 277th Str et to 45' Street ;and 49'Street NE will extend from Aubum Way North to
the eastern e ge of the planni area and the River Sand or'Trail Run Development, improving
overal rc ulauon in the aze. New trails and walkways will provide a pedestrian-friendly
system of ciioulauo_n tha s linked to ottier recreation resources.
J
Areas constraine '6yflooding will be made available for development by placing fill and
redirecting floo iwaters to constructed storage azeas,while wetlands will generally remain
protected and enhanced or mirigated consistent with citv re ations. ,Stormwater systems will
be upgraded in accordance with the Aubum Comprehensive.Drainage P/an (Auburn
98 e20091, and new pmjects will be designed to avoid overloading#draina¢e systems during
major storms.
The special azea plan includes five general topics: land use,ttaffic and circulation, stormwater
management,floodplain management, and urban design and public amenities, each of which is
discussed in the following sections. Some of the policies listed below pertain to the entire
planning azea, while others aze intended to apply orily within the Auburn Gateway project azea.
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Specia!Area PIan—Northeast Auburn/Robertson Properties
2.2. Land Use
1'his Special Area Plan is intended to be implemented after subsequent approval of a
development agreement pursuant to RCW 36.70B.170-210 and a planned action ordinance
pursuant to RCW 43.21C.031 and WAC 197-11-164, -168, and-172.
2.2.L Recommended Uses
After floodplains in the plazuring area have been filled and new roads and infrastructure have
been built,the azea will beappropriate for both heary commercial and multifamily residenrial
uses. The City of Auburn alieady has adequate land to accommodate the expei te eeds for
housing, and it has an adequate supply of apartrnents serving low-to mod ta-utcomer .: .households. In addition,residential development often does not generate as,arge_a,'tax ba"se as .
commercial uses, and it generates more demand for services than commer cial de`velopment. For
these reasons, a mixture of land uses should be allowed, but there shouldbe a preferce for
commercial uses.
Policy NE-1 In order to provide flexibility to respond to mazket n ns, both heavy
I comaiercial and limited multifamily residential iues when located on the noner
stories of multiple storv buildines"should allowed"in tHe Au6urn Gateway
project area in a new mixed-use:commer cia°I z,/oiie(Figure 3).
Policy NE-2 Heavy commercial uses that caii conflict=wifh residential development should not
be allowed in the new
mixedt-
se commerial zone, or they should be allowed
I only after conditional uspermit approval, or allowed subject to certainsiting.and
design controls or performance standards: The types of uses that can conflict witfi
residenrial.usesmclude co ial activiries with a high proportion of outdoor
Iacti t!,:noise;a nd/odo s such as drive through uses.
Po licy N E-3 T he deve lopmeni o f commerci al uses wi thin the Aubum Gateway proje c t area are
Cfavored over mtifrifamily residential uses. Residential uses should only be
aAowed wfie<.fcated in a multistory building and the ground floor contains a
pemutte e or combination of uses, other than parking.
2.2.2. Density an dLimits and Overall Deve%pment
No change in theallowable density of development within the planning area is planned except
within the Auburn Gateway project area. Within the Aubum Gateway project azea office and
retail densiry would not be limited except as a result of other development standazds like parking,
6uilding height, and setbacks. Within the Auburn Gateway project azea, overall development
limits for the three primary categories of use should be as follows:
Policy NE-4 An overall maximum of 1.6 million square feet of office space will be established
for the Auburn Gateway project area planned action ordinance. If developed in
three-storybuildings,this represents approximately 35 percent coverage of the lot
with office buildings. Office development of this density could also include
pazking structures..
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Henera Environmenta/Consultants 8 December 21, 2011ORD.A Page 337 of 907
Special Area PIar Northeast Au6um/Ro6ertson Properties.
Policy NE-5 An overall maximum of 720,000 square feet of retail space will be established in
the Auburn Gateway project area planned action ordinance. If developed in one-
and two-story buildings,this represents approximately 35 percent coverage oftfie:
lot with retail builclings.
Aolicy NE-6 Consistent with pblicies in the Aubarn Co"mprehensive Plan,the maximum
allowable density for residential uses shonld lie 20 units per gross acre.
Policy NE-7 No more than 500 dwelling units should be conshvcted in the Auburn Gateway
project area under tfie planned action ordinance. .Residential uses sliould only be
allowed when located in a multistory building and the gronnd obr•contains a
perniitted use or coai6inarion of uses, other than pazkin /\\` A
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October 13, 2011 9 Henera Environmenfal ConsultantsORD.A Page 338 of 907
Special Area Plarr—NortheastAubum/Robertson Properties
Figu e 3. Proposed zoning for the NE Aubu v/Robertson Properties Special Aiea Plan.
8.Sx11 color for PDF, B/w for printed copy
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Specia/Area Plan—NoKheast Aubum/Robertson Properties
2:3. Tra c and Circulation
The planning area is adjacent to one of the busiest intersections in t e-Auburn (Auburn Way
North and South 277' Street). South 277` Street is a principal arterial that needs to be widened
to accommodate expected growth,and Auburn Way North is a heavily used principal arterial that
is one of the few north-south routes through Aubum. In addition to providing access to adjacent
properties,the circulation plan shown in Figure 4 will facilitate the development of a new north-
south through rorite e.ventually connecting I Street NE from Harvey S eefRoad NE to South I
277`' Street. The streets shown in Figure 4 have been planned to accommodate the through
haffic expected as a result of future connections to arterials and the development of adjacent
properties.
The timing and chazacter of transportation improvements may need b" e modihed•to,.lo ically
support a phased developmerit of the land and/or conditions that m}.ha change,l su ce the
Environmental Impact Statement lEIS was prepazed. Aay such m'difi tions will be evaluated
by the City
ag ee r+ee e-to insure that anyimpacts of such modifications are e al to or less than
those impacts disclose.d in the Draft and Final NE Aubucn Robertson Pr parties Special Area
Plan EIS er-s se r.tex or subsequent environmental revie"., , I
2.3.1. South 277`"Street S
Completion of the previously planued mad- ening j " for South 277' Street is critical for
the success of the Northeast Auburn/Robe on Properti s Special Area Plan. Tliis principal
arterial has been envisioned'to includ t east two westbound and three eastbound through lanes,
and auxitiary lanes for local maneuueriiig whe ecessary. The Northeast Auburn/Robertson
Properties Special Area P__ _fielped t efine the design of South 277' Street, including the
following policies:
Policy NE-8 e City wiilii plement access management restrictions _ °--_sto the
South 277' Stre.et , _ . . orridor.
Policy NE-
f
Widening f South 277'Street through the planning area should,occw primarily
the so'uth side of the existing South 27'7`'Sh eet roadway due to uniformirii
azou planned roadway centerline and due to existin aericultural land deed
cestrichons to the north.
Policy NE-10 South 277w Street should be developed to include two lanes of westbound and
three lanes of eastbounil through tr c through the planning area.
Policy NE-1 I Only one traffio-signal.should be constructed on South 277` Street between
Aubum Way North and the Green River Bridge,and that signal should be at I
Street NE:unless traffic analysis accentable to the overning jurisdiction
demonstrates that under an interim condition more than one signal can be safely
accommodated without adverselv affecting roadwav capacitv.
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Policy NE-12 Left turns to and from South 277' Street sker shall be permitted only at T C
si nalized intersections.
Policy NE-13
c`-°°••- ' °i--•'`'`' The intersections alona Soutfi 277`at Aubum Way Nort}i, D
Street NE, and I Smet NE shall include.sufficient capacifv fo meet the Cif
LOS standards:
Policy.NE-14 The trail on the south side of the road should be sepazate m:th eet by at
least 5 feet of landscape strip with street trees or alterci te phys ical'barrier.and it
should be a 12-foot-wide paved trail connecting Aub irn W.ay North.,'1t e'
pedestrian bridge over the Green River.
Polic NE-15 Auxilia westeastbound ri ht turn ockets shoul be rovi ed•alon .S 277'
St at D St NE and I St NE.
1..i.2. I Street NE r
I Street NE is critically unportant for accessto and visiliility for the commercial development
expected in the Aubum Gateway projecf'ar°ea. In aligning and designing I Street NE as shown in
Figure 4,priority has been given to thefoll wing.criteria in the following order:
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Special Area.P/an—Northeast Aubum/Robertson Properties
Figure 4. Road layout and classifications under the Preferred Alternative for the NE
Auburn/Robertson Properties Special Arei.Plan. .
81/2 x.l l b/w wi7
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SpecialArea PIan—Northeast Aubum/Robertson Properties
L
2. Ensure adequate capaciri and si pacin s o that I Street NE functions
well as a north-south minor-set tkrarterial from Sonth 277' Sueet to
Harvey Road S reet NE.
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e
Policy NE-1316 I Street NE should be developed in:the location shown m Figure 4, so that
it coanecu to South 277`' Street at approz emafely the same location as the existing
G Street NE right-of-way.
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Policy NE-17 H The new I Street NEshould be developed as a minor arterial meeting Ci.ty
standards with a minim"'of'fiue`lanes, including two lanes in each direction plus
a left-tum-1 n e,re appro nate and include Class II bike lanes in accordance
withythe'Coprefieasive Transportation Plan.
POl1Cy NE-18 n.,, :_..e:,,_ ,.o r c«......wTC ....a c,....w
c._.....w,.!oa,...,.i.......,.... :.. ..,, e..... r«...............:e,,. ., e
Policy NE-19
n`"-ee
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Special Area Plan—Northeast Aubum/Robertson Properties
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2.3:3. Auburn Way Norih
Auburn Way North is a regionally important arterial and an important commercial corridor. This
corridor carries a high volume oftr c; therefore, modification to the corridor should be
designed to unprove the flow of traffic. New sigials are anticipated in at least two locations on
Auburn Way North, at 45'Street NE and at 49' Street NE: In addition,a major sienalized
driveway to the Auburn Gateway project area mav be located between these two
intersections at some stage in the futuce aRer approprtat,sis and
sienalization of the adjacent public street intersections.
Policy NE-20 New signalized intersections on Aubum Wa N" o at 45"'St efNE and
at the new driveway to the Auburn Gateway projectare:ashouldbe allowed only
when traffic signal warrants are met and after it is leriQnstrat that the
additional signal or signals will not have a noticeable ad'v r affect on the level
of service at the intersection of Auburn Wa .orth and outh 277'Sueet or the
Aubnrn Way North comdor.
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D..,,
2.3.4 Str
c
D Street NE is an xisting collector street that is noYdevelopeS to City standards. It isimportant
for local access o abutting commercially zoned properties.
Policy NE-21-5 At Auburn Way North, D Streef NE.should be closed and south of 49`
Sueet NE it should become,a local accessioad. If desired,this road could be
vacated south of 49'"Street NE;provided adequate accessto adjacent properties
and easements for utiliries can be maintained or relocated.
Policy NE-22 b D Street NE_should be widened north of 49' Street NE and improved to
ICitystandazdsforcollectorarterialsunlesstliisportionofDStreetNEisvacated.
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Special Area PJan—Northeast Aubum/Robertsbn Properties
Policy NE-23 Access to South 277` Street from D Street NE should be lunited to right-
in/right-out only to reduce conflicts with growing traffic voliunes at South 277°i
Street and Auburn Way North even if D Street NE is vacated and replaced by a
private accesspoint.
Policy NE-24 5 If the ri ht-of-wa is not vacated t he sidewalk er alone the east side of
e D Street NE from 49 NE to South 277th shallee be separated from the
street by at least 5 feet of landscape strip with street trees_
Policy NE-25 ' minunum of an 8-foot-wide paved trail conriecting to the
trail at South 277'' Street shall be provided alon"D" Stree[NE om 49'NE to
U- . .--,.
South 277th. A non-motorized frail easement should maintawgd., throu this
azea in the event D Street NE is vacated. l
I 334. 2.3.5. 45`Street NE
Forty-fifth Street NE is a collector.arterial that provides access to both c mmercial and
multifamily residential properties and has recently been improved to C s tandards. It will also
c._.
provide access to the south side of the Aubum Gatew pro ect area and to I Street NE. It will
likely become a significant shoit-cut for avoiding the mte eotionof Sopth 277'' Street and
Aubum Way North once I Street NE is developed id th tersections are signalized.
Policy NE-26 4 Foriy-fifth Street NE ller!bs/exEen e connected to I Street NE when
i I Street NE is extended between 45` Street NE and 49'NE.e Eiea-e€fi ie
w
2.3.'6. 9"'Saeet NE}
As shown ge 4,this road will become an nnportant connection between Au6um Way
North, I Street NE;3 the properties east of the planning azea. It also provides a connection
across Auburn y"North to B Street NW.
Policy NE-273 Forty-ninth Street NE should be developed as a collector arterial. The
existing 49th Street NE roadway between Auburn Way North and D Street NE
should be widened to meet City standards.
Policy NE-283 The design of 49` Street NE should be flexible to encourage maximum
utilization of the properties abutting the street butshould ensure an adequate
connection for pedestrians and bicycles as well as for vehicles.
Policy NE-2933 Use of 49'' Street NE should be encouraged as an altemative route to
South 277' Street west of'°^•°°- ..«" ""'`' Auburn Way North b}
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Speciaf Area Plan—Northeast Aubum/Robertson Properties
u
to I.
improve traffc flow and provide greater visibility for the commercial propertias
in theplanning area.
4
eet rea 9'-
Policy NE-3033 East of I Street NE,49` Street NE sHould be extended to the eastern edge
of the Auburn Gateway project azea as.shown in Figure 4. T'his vi11,11ow an
eventual connection to the properties east of the Aubumg'te vay.;pro ect area_t,._-
7`'. J"
2.3.7. Pedestrian/Nosmotorized Circulation
The planning azea is served by a new pedestrian bridge to the east,wlricii cbnnects to
recreational trails along the Green River. The plan envisions building o t is connection andi
developing a trail network in the planning area that will'a ' itate pedestrian/nonmotorized
movement with murimal conflict with vehicle traffic
Policy NE-3136 A master plan for a pede trian/ onm torized network should be developed
tiy the Aubum Gateway Pro ec e k property owner before the
development of any_protier v within the Auburn Gateway_proiec ea
This s6ould be
consistent th the,policies!liste here and in the section Urban Design and Public
Amenitie
ji
r mPolicyNE-32 Urban trail' should parallel South 277 Street. I Street NE. and D Street
NE to provide a m jor route for movement.
7'.,
Policy`NE-3338 , All eets in the planning area should be developed with sidewalks built I
oiCiry, dazds or.a functional equivalent iEit represents an improved design.
Policy NE-3434 Major destinations such as stores, office buildings,residential Idevelopments,open space,:ee ie ees;aud pazking facilities witUin the
Auburn Gateway project area should be connected to the public
pedestrian/nonmoforized circulation network in a coordinated manner.
Policy NE-3548 7'he pedeshian/nonmotorized circulation network should include amenities (
such as benches, 6ike stoiaee, landscaping,and interpretive materials to enhance
the quality of the experience and encouiage use by a wide range of citizens.
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Special Area Plan=NortheastAubum/Robertson Properties
2.4. Stormwater Management
1.4.I. Stormwater Detention and Treatment
Stormwater detention and treatment is required by the Auburn City Code for all new
development. In order to enswe that new stormwater systems function adequately, several
specific policies should be followed for development throughout the planning area.
Policy NE-364 Stormwater drainage, detention, and treatment for public property,
including public streets,should generally be provided within the public right-of-
way or on other public pazcels. Stormwater facilities for public infr as ructure
may be located on private property consistent with City ol'cies iegarding
liability for and maintenance of such facilities.
Policy NE-374 Stormwater detention and treatment for portions of the plamm g atea that
will remain private should be provided on the dev _ent srte and be privately
owned and maintained.
P
Policy NE-3843 Stormwater detention and flow control'>designs should address the 100-
yeaz storm event and flood conditions,in ypub_ lic,orm conveyance system.
i
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2.5. Floodpla'.-;<1VIanagement
The planning ar ncompasses substantial azeas that have been mapped as being within the 100-
yeaz floodplain based on the 1995 Flood Insurance Rate Maps(FIRMI in effect. City policy and
reedlations does not allow filling of floodplain azeas unless an equal voluine of functionally
eguivalent floodplain is provided in compensation. The Port of Seattle has received perinits and
has developed-a wetland mitigation site south and east of the planning area that includes
approximately 66.2 acre-feet of floodplain capacity that can be used to compensate for fill to be
placed in other azeas south of South 277' Street and east of 80'Avenue South(located west of
Auburn Way North) (Pazametrix 2007). The Port's project includeil construction of a
conveyance channel from the mitigation site north to South 277' Street to hydrologically
connect the floodplain to the proposed floodplain storage. The existing channel along South
277tn Street is not lazge enough to contain and convey expected flood water flows, and will need
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Special Area Plan—Northeast Aubum/Robertson PropeRies
to be widened. Filling necessary for road widening or other development adjacent to South
277th Street must be designed to preserve the hydrological connection between the Port of
Seattle wetland mitigation site and the floodplain in order for that conveyance channel to be .
effective.
On April 5, 2010,the City of Auburn approved interim floodplain re ulations(Ordinance No..
6295; Ciri of Auburn. 20101 which re,placed the city's:previous floodplain resulations and
repealed the moratorium. The regularions incorporated federal habitat protection requirements
and created a new floodnlain development nermit nrocess to reolace the previous flood control
zoae permit. T'he chan es include requiring new developments to prepare a habitatimpact
assessment that will be required for the Aubum Gateway Project. The G'ce'ved written
notificafion from FEMA dated September 21, 201 l, that FEMA reviewed th tys.intet m .
re lations and concur the are consisfent with FEMA's model ordinance'rriakin``tlie-
regulations no longer interim.
2.5.1. Port ofSeattle R'etland Mitigation Site and Floodplain ompeirsation
Const uction of the Port of Seattle wefland mitigation site was comple d'in the Fall of 2006.
Full establishment of the plant communiry continued ' o°° 0,..0^7,maintenance and performance
monitoring will extend for additional years. The pro ecTincl"' ed e wnstrucrion of a
floodwater conveyance channel across the PoR of SJ'eattleco, ction access property (Figure
2). T6is conveyance extends to the south side•of South 27<7 Street but does not reach the twin
culverts under South 277` Street that are dvsigned to xarryfloodwaters below the road.
Policy NE-3946 The floodwatgr'oonvey e channel mnst be hydrologically connected
from the twin.culv_erts un e -5outh 277th Street to the floodplain compensation
azea onxhe",.-P-°`'`s w tland ii gadon site before the compensation will be
func2i'onal. The'tCy iologic connection should be completed as part of the
dening of Sou ,377' Street. If the hydrologic connection is needed to serve
development occurs before construction of the road,the right-of-way needs
for road constucrion should be taken.into account.
2.5.2. Phasing f,et+el`opment qnd Floodplain Compensation
The volume of fl plain compensaUOn to be provided on the Port's wetland mitigation site'is
approximately 6b.2-acre-feet. Tlus is considered live storage and does not include areas that aze
aaticipated to be open water. The total volume of floodplain capacity that is occupied bythe
100-yeaz flood has been estimated at 42.1 acre-feet for all azeas south of South 277' Street and
east of 80' Avenue South (located west of Auburn Way North) (Paramehix 2007). As such, the
Port of Seattle wetland mitigation site will compensate for the filling of all areas of the
floodplain based on the FEMA 1995 floodg,lain man cwrentiv in effect. ,
The Ciry of Auburn and the Port of Seattle are in the nrocess of amending an existing City and
Port Tnterlocal Aereement to secure the ciri's ri ht to use the comnensatorv flood storage on the
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Special Area PIan—Northeast Aubum/Robertson Properties
Port's wetland mitiQation nronertv for filfin2 in the floodplain based on the 1995 FIRM ma s.
Upon successful conclusion of the negoriations,the amount of floodplain compensation seoured
bv the Citv mav be apportioned to other propertv owners after storage is retained by the Port and
City. Apportionine to other property owners may be also be necessitated bv future chan eg s_in
the amount and depth of floodplain by FEMA.
Policy NE-404 The first priority for floodplain compensation should,be that required to
compensate for the construction of public infrastructure. Full compensation
should be provided for all floodplain filling that is required to construct roads,
public stormwater facilities, and other public facilities in the 1( g'azea.
LPolicyNE-4148 All compensation available after accounting for compensation for ublic
infrastructure must be apportioned to individual pro erties hiased ox th lume of
floodplain that occws on each property as a percent ge the entire floodplain
volume south of South 277' Street and west of Aubum Wav North.
v
Policy NE-4249 Any areas of floodplain filling that cannot be comgensated for by the:Port
of Seattle wetland mitigation site must be-c mopensatedforonanindividualbasis
Iin accordance with Ciry policies and re'61tons
2.6. Urban Design and Public Amenitie s '"
Urban design can be an important tool in actiivmg goalsf land use and development. The
Northeast Aubum/Robertson PropertiesSp°ecial Area Plan provides an opportunity to achieve a
high degree of design quality.
Robertson Propertie up ha"s lielped to develop and has committed to adhere to the Auburn
Gateway Design Atchitectural and 6ite Desien Standards fx+dek ies, wfiich aze more stringent
than those reqtured by zoning re iilations. In brder to achieve a consistent and cohesive urban
design chazact`er, the following policies describe the objectives of the Aubum Gateway
Architect al.and Site Desigi'Standazds6 el iAes,and would initiallv be applied to the Aubum
Gatew'aY Pr`oi ct.'tluoueh.annroval of the development agreement. By future amendments to the
Special Area Plan::the itv should consider applving the Architectural and Site Desisn Standards
ary y-throughout planning area.He-g e ies-ere
2.6.I. Urban Design Site Planning, Building Characteristics, and Land Uses
Policy NE-4338 Site planning and building massing should be conducive to a
retail/commercial focus and visual chazacter, and comfortable human-scale
environments should be incorporated within all land uses in the planning azea.
Policy NE-443 A disually friendly frontage with "street appeal°for passersby on major
streets (South 277`h Street, D Street NE, I Street NE,49' Street NE, and Au6urn
Way North) should be developed.
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Specia/Area Plan—Northeast Aubum/Robertson Properties
Policy NE-453 Building and/or landscape forms should be articulated as focal points,and
major site entrance points should lie framed.
Policy NE-4633 The building characteristics and landscape design should include themes
that unify the site character across multiple phases of development.
Policy NE-4734 Landscape plantings should be used to reduce the visual impact of open
pazking areas and loading, service, and storage functions.
Policy NE11833 Multifamily development should be of high-quality desi , c eate a sense
of community and synergy between land uses, and includ.eati p`e-.passive-use
open space appropriate for use by all age groups.i J}
y 7."r
2.2. Transportation Infrastructure
r
Policy NE-4956 Develop a clear lrierarchy of road_systems hz •p`ogre'from major
public thoroughfazes to intimate pedestrian-scale roads to intemal roads serving
parking azeas and site uses. 1'his system must be cbnsi en{with the road
configuration shown in Figure 4.
Policy NE-503 Provide for bus zones and p„ stnan and°bicycle travel in a safe manner.IPolicyNE-5138 Sarisfyaccess requir rifents for`;soHd waste handling, utility,police, fire,
and emergency personn
2.6.3. ProjectArea Bounda .ry.and Pourk
Z
Policy NE-5239 sta-blis `a.clear"sense of place"that defines the distinct chazacter of the
Aubum Gateway p ect area through a unified approach to boundary and entry
esign.
Policy 3 Clear y signify major entrance points to the Aubum Gateway project azea
and'to subareas within the project area by means of features such as prominent
tiit cural or artistic landmarks.
Policy NE-546 1- Define differences in land uses within the Auburn Gateway project area.6
IPolicyNE-SSb Develop hierarcluesbf spaces from publio-to private spaces to delineate
azeas of ownership and responsibility.
Policy NE-56 3 Protect property values and unify the Auburn Gateway project area by
means of a consistent buildin character and landscape theme.
Policy NE-5764 Screen unsightly views from public areas by a combina6on of walls,
landscape planting,.screening and/or use of building massing.
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Specra/Area Plan—NORheast Autium/Robertson Properties
Policy NE-58 3 Idenrify an interconnected system of bicycle and pedestrian pathways .
a «we e..:..,e«e_,.o.we ..w...... .,.e..........,.:,.,.. .._,.., linking the Auburn
Gatewa proiect area to natural azeas and the regional trail system.
2.6.4. Parking Areas
Policy NE-59F6 Design parking areas to maximize their nayigability by pedestrian and
vehicles and nimize their visual and ecological impacts.
Policy NE-60 Provide adequate efficient onsite pazking in locations convenient to
destinadons.
Policy NE-6168 Ensure pedestrian safety by providing ample , al" kways ttia,se arated
from parking and travel lanes.
I Policy NE-6264 Use crime prevention through environmental e(CP ED)principles
to reduce fear of crime and ensure user safery. .
2.6.5. Pedestrian/Nonmotorized Circulation Networks ' ' /
Policy NE-63 8 Create a ea continnous and connected network of.
r., < ,. ,
pedestrian/nonmotorized circuladon:faciI_ ihesKn the Aubum Gateway project azea
and vicinity. 1 1 '%'
j
t.
Policy NE-64-Create a pedestnanenvironment in which it is easy, safe,convenient,and
wmfortable to walk betwee esses, to transit stops, across streets, and
through parkinglots.
Policy NE-65 Encourage tYie use of nonmotorized transportation to and within theQ,..r .
Auburn Gateway pro ect area by providing facilities that aze adequately sized;
well-built, well aintained, and connected to existing or planned
pedestrian/n otorized circulation facilities in the vicinity.
2.6.6. Site Lighliitg,
Policy NE-66a3 Ensure pedestrian and vehicular safety by providing adequate lighting on
pedestrian routes and roadwavs.
Policy NE-67 4 Minimize the negadve effects of onsite and offsite glaze.
Policy NE-68 3 Provide energy-efficient lighting.
2.6.7. Natural Amenities and Recreation Areas
Policy NE-69 6 Provide habitat preservation, enhancement and opportunities for human
enjoyment of wildlife.
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Special Area Plan—Northeast Aubum/Robertson Properfies
Policy NE-70 Wetlands that contain low-functions and values as evidenced by limited I
size and isolation from hydrological systems,may be considered by the city for
development and displacement in conjunction with specific environmental
review, appropriate initigation and permitting from the city and applicable outside
agencies.
Policy NE-71 8 Provide amactive options for integrating wet ponds, stormwater treatment
facilities, and detentibn ponds as an amenity to the land uses in the project area.
Policy NE-72 9 Reduce downstream floodwater volumes from run
IPolicyNE-73S8 Enhance property values by incorporating spstainable v er mana ement
practices.
2.6 8. Sitewide Signage and Graphics
Policy NE-74$Enrich the experience of visitors and customers by pioviiling directions Iandinformationinacoordinatedvisuallypleasingwaytl2t'and prevents
confusion.
Policy NE-758 Provide clear and legible si ; ir 6o and signage for customers, bus
passengers, and visitors..
Policy NE-76S3 Define the chazacter of the Auburn Gateway project area as a distinct
entity for instant roaci ide recognition and street appeal to attract customers.
Policy NE-7784 ti esigns'a"nd durable,resource-efficient materials.
Policy NE-78 ¢' M'inimi'd:.th adverse impacu of signs, such as visual clutter,-ar glare
and lieht levels.through the development of a master signage plan to be adhered
to throughout he development of the Auburn Gateway project area.
3. Implemeilfation
3.1. Establishment of a Plan for New Streets and Utilities
3.I.1. Publie Streeis
Public streets in the planning azea will be developed according to the conceptual plan shown in
Figure 4. Fina1 requirements for lane configurarion and'geoa etry of intersections will be
determined+e efleddevele ec'by the Ciry Engineerbased on environmental analvsis in
conformance with the Citv's ensineering desien standards.: Improvements will enerallv consist
of the following:
Widening of South 277' Street adjacent the Auburn Gateway project azea
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Special Area P/an-lVortheast Aubum/Robertson Properties
Widening of D Street NE on the east side of the existing roadway, from
49' Street NE to South 277' Street,except for the oortion of the risht-of-
wav vacated.
Closure of D Street NE at Auburn Way North and construction of a cul-
de-sac (unless this street is vacated)
Construction of I Street NE from South 277` Street to 45' Sueet NE
Construcuon of 49' Street NE from D Street NE to the eastern edge "f tke
Auburn Gateway project azea
Construction of 45' Street NE firom the existing eastern"" end of the
to the new alignment of I Street NE.
Widening of South 277' Street adjacent to pro ies ot e_r than those in
the Aubum Gateivay project azea
Widening of D Street NE on the west side of the'ex's6ng roadway, from
n,m ii . ;, :,
49 Street NE to South 277 Streetf u nle s this street is vacated)
Widening of 49' Street NE from D Str"vf NE to Auburn Way North
Construction of 49' Stree" f'.NE from the eastern edge of the Auburn
Gateway project areato`tfie' edge of the Port of Seattle construction
access propeity'
Co"struction ot li,3treet NE south of 45` Street NE.
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Public st im;d ina 4e e e ee ve e systems e-e will be e-provided es
s ee s-et'e-deve,ope_d,urs in the planning azea—in conformance with the Citv's Enrzineering ,
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Policv NE-79 Prior to the development of anv propertv, a master storm drainage plan containing
sufficient informafion, includine su porting storm drainaee calculation,to
demonstrate that the system layout is feasible shall be shall be submitted to the
Citv for review and approval. All storm drainage facilities shall be provided
consistent with the masterplan.
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Nerrera Environmental Consultants 24 December 21, 2011ORD.A Page 353 of 907
Special Area Plan—Northeast Aubum/Robertson Propertres
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Public sani sewer facilities shall be "vided as develo ent occurs in the lannin area in
conformance with the Citv's Engineerin •esi Standards.
Policv NE-80 Prior to th ee'd'elo iierit o ' yprooertv.a master sanitary sewer plan containing
suffici ntinfrmation: mclu`ding supportin hydraulic analysis,to demonstrate
tha the svstem la`yout.is feasible shall be submitted to the City for reviewand
approval. A—1aziitary sewer facilities shall be nrovided consistent with the
master plan.
Public water acilities s 1 be rovided as develo ment occurs in the lannin azea in
conformance ffi'fheCity's.enaineerine design standazds. Snecific water svstem improvements
needed to serve thearea include tlie.installation of a 12-inch water main in 49' Street NE from
Aubum Wa North to I Street NE and a 12-inch water main alon the extension of I Street NE
between 45 Street NE and South 277' Street.
Policy NE-81 Prior to the development of anv prop8rtv.a master water plan containing
sufficient information; including su ortin ydraulic analvsis, to demonsuate
that the s sfem layouf is feasible and nrovides adeauate fire flow and svstem
reliability sha11 be submitted to the Citv for review and apnroval. All water
facilities shall be pmvided consistent with the master plan..
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October 13, 2011 25 Henera Environmenfal ConsuttantsORD.A Page 354 of 907
Specia!Area PIar Northeast AuburNRobertson Properties
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3.2. Apportionment of Floodplain Compensarion Benefits from`tL Port of Seattle
Wetiand Mitigation Site
The total volume of flood capacity during a 100-year flood has been estun be 42.1 acre-
feet in the azea south off South 277' Street and east of 80`Avenue Soutfi(west of Aubiun Way
North) (Parametrix 2007). The Port of Seattle wetland•,gaiion site will-provide 66.2 acre-
feet of new flood storage capacity during a T00-year loo event(Parametrix 2007). 1'herefore,
the compensation provided by the Port's wetland mih on sitewill-compensate for the filling
of all floodplain azeas based on the 1995 FEME1 Flood Ins rance Rate Map in effect. The Ci
of Auburn and the PoR of Seattle aze in theprocess of.ainending an existin C ity and Port
Interlocal Agreement to secure the city'`sj'ight to use the comnensatorv flood stora e on the
Port's wetland miti atgionpropertvfaifiIline:in the floodplain based on the 1995 FIRM ma s.
U on successful conclusion•of.the neeoti ations the amount of floodplain compensation secured
by the Citv ma be.app6Rionedito other p,r'nertv owne s after storage is retained bv the Port and
Citv.
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Herrera Environmental Consultants 26 December 21, 2011ORD.A Page 355 of 907
Special Area Plan—Northeasf Aubum/Robertson Properties
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3.3. Creation of New Land Use District
3.3.1. Purpose of the C4 Mized-Use CommerciaJ District
The intent and objecuve of the C4. Mixed Use Commeicial district classification and iu
application is to provide for a pedestrian-oriented mix of retail, office,and multi,a ily
residential uses. This classification is intended to provide flexibiliry in d gn and,a combination
of uses that is responsive to market demands.
This Special Area Plan is intended to be implemented only throu su uent approval of a
development agreement pursuant to RCW 36.70B.170-210 and ap' `ed\action ordinance
pursuant to RCW 43.21C.031 and WAC 197-11-164, -168,and I72. ' `
3.3.2. Loca;ional Criteria
The new mixed-use commercial district should be a lied o 41ie burn Gateway project area as
shown in Figure 3. This group of properties is co s of lar e enough parcels to
aocommodate mulrifamily residential devel ment tsn udes.buffers for adjacent mads and
coinmeroial azeas and/or a wide range of commercial;uses. Properties closer to the intersection
of South 277' Street and Auburn Way_ ,oith may also be suitable for this wning designadon.
3.3.3. Specific Use and Deve[opment Sta`ds
The uses enumentedto's onin classificarion constitute a mix that accommodates
multifamily resid al,retail, a id ffice uses anticipated thmugh a coordinated, site-specific
planning proc ess. In order to ac ieve a quality of environment that is conducive to this mix of
uses,c eavy commerci uses that aze permitted in other commercial classifications are
not per nitt m'this district because of the potential for conflicts with residential uses.
The C4 distri l al oI`w most of the uses allowed in the C3, Heavy Commercial district, with
the exception of'ree-standing gas stations, light manufacturing,automobile sales, and similar
uses that could.tave adverse affects on residential usesif constructed in close proximity. Unlike
the C3 district, multifanuly uses will be permitted outright in the C4 district.
Development standards for commercial uses in the C4 district aze the same as those for
commercial uses in the C3 district,except that they also include several standards for gasoline
starions that are accessory to another use, similaz to those in the C2. Central Business District.
zonine district. Development standards for multifanuly development in the C4 district will
generally be the same as those for the R4 district (subsequendy changed to RZO. Residential with
minor changes to the development standazds). In order to be consistent with the Comprehensive
plan policy regarding multifamilydensity, a density limit of bne unit per 2,000 square feet of lot
azea will be required, which would result in approximately 20 units per acre.
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October 13, 2011 27 Herrere EnvironmentaFConsultants.ORD.A Page 356 of 907
Specra/Area PIan-Northeast Aubum/Robarison PropeKies
3.4. Adoption of the Planned Action Ordinance
3.4.1. Purpose ojthe Planned Action Ordinance
The adoption of a planned action ordinance will allow the City to define specific actions that can
be taken without further envimnmental review. The environmental review process for this
special area plan was combined with the preparation of an EIS for the Auburn Gateway project
area. By means of the EIS,the City was able to identify measures for mitigating any potentially
Isignificant environmental impacu,the Aubum Gateway project can be designated by Citv
ordinance as a planned action consistent with state law(Revised Code of Washington, Chaptef
43.21 C, Section 031). The purpose of adopting a planned action ordinance is to estalblish both
the range of acrions and the types of mitigarion measures that will be r,qui dlfor+t hose actions;
and to establish a timeframe within which the planned action must bercompleted.. Design tion as
a planned action will streamline and expedite the review process fo and,use pern or the
Auburn Gateway project by relying on a completed and existing'ted- envuonmental analysis
for the project azea
9
3.4.2. Thresholds for Review under the Planned Action
1'hresholds will be established for the planned action defin g the Types of land uses thaf will be
permitted and the quantity of each, the total num6er of pe tc-hourninary vehicle trips that could
be generated by the pmject,the types and'locatio of modificatio s that could be made to major
regional arterials,the amount of excavation and fillingthat<c an take place in the project azea,the
amount of impervious surface that could be.fpTaced iriS ieproject azea,the amount of fill that may
be placed in a floodplain, and the amountof fill that may be placed in wetlands: In addition,the
tuneframe for theplanned action willDbe liauted to anapproximately 15-yeaz timeframe ,which
is coricurrent with the furthest-projection f'or wluch reliable traffic modeling information could ..
Ibe proyided. Projects lrate eed;the thre ho ds established in the planned acrion ordinance,
include elements no•nreviously.:ana lyzedan the envimnmental review or occur after the 15-year
timeframe wi e subject to thetnormal environmental review process.
1
I 3.4.3. stgn._ eview Process and Design Standards ue efi+res
A design review;.pro e/w ll be established as part of the site plan review for projects that are
covered undertt planned action ordinance. The Ciry will adopt a set of design
I standazd for implementing the utban design policies described in this plan. Any •
project constructed as a planned action under the ordinance will be required to derrionstrate how
the project meets the design standards ' ' es. To facilitate coordinated design,master plans
for site grading, driveways,pedestrian/non-motorized circulation, signage and landscaping will
be'required. The Director of Planning-and Development ex i or.Ciri Engineer
as appronriate, will have the authority to require revisions to the site plans to make th6m cbnform
with the design g idekxes-standards and the approved master plans.
3.4.4. Tracking of Impacts and Mitigation
The City will track the development of the Auburn Gateway project area to ensure that all
mitigation measures aze being implemented at the appropriate time in the development and to
W in Ascerb/ormnlonrcvdee100t.revl0.oi/Irevla/dJ/.Mx
Henera Environmental Consultants 28 December 21, 2011ORD.A Page 357 of 907
Specia!Area Plan—Northeast Au6um/Robertson Prope ties
ensure that the overall thresholds for the planned action have not been exceeded. The Ciry will
track vehicle trips generated,total volume of fill and excavated soil, volume of fill placed in
floodplains, area of fill placed in wetlands, and the quantity of uses in three general use
categories: office, retail, and residenrial.
4. References
Auburn,City of. 2001. Geogapluc information system data. Provided to Herreia Environmental
Consultants,Seattle, Wastvngton,on January 23,2003. The data include an orthographic aerial
photo of the planning area taken in 2001.
Auburn,City of. 80 a2009. Comprehensive Drainage Plan. Produced' by T Tecfi/KCM,
Seattle, Washington. August 2002.
Aubum,City of. 2002b. Geograpliic information system data. Prouided to Herreza Environmental
Consultants, Inc., Seattle,Washington,on May 14,2002,by Fd Knght,ityof/Aubum. Hazard
area maps provided by City of Aubum,Planning Department Data include•c"rty limiu; street
centerlines;Comprehensive Plan desigaations;wning desi iab'ons; FEMA zones;digtal
orthophotos;water, stocm,and sewer utility systems; dings,• fo graphy;wetlands;and
assessor's pazcels.
f . .
Aubum,City of 2007. City of Aubum Comp1 ensive•Plan. Ong nally adopted in August 1986;
amended in April 1995 to comply with the,Management Act. Revised December
09 2010.
Thomas Bros. Maps. 2000.•eThomas ide: Pacific Northwest,Washington and Oregon.
Ulman,Joe. 200b3,, Personal co iication(email to Ralph Wessels, Port of Seattle,regarding
flood studies).Pazametrix,Inc.,/ICirkland, Washington. Mazch 12,2003.
t
Unive sity f W.a hington.90 Aerial photographs from the University of Washington map
database. Pho gaphs dated 1990; source unknown. Obtained April 4,2003,from website:
http://duff.ge o Vashington.ediildata/raster/doqs>.
Wessels,Ralph.i2003. Personal communication(letter to Tim Carlaw,City of Auburn, regazding
flood control zone permit application for PoR of Seattle's wedand development project). Third
Runway Project Manager,Port ofSeattle. October 30,2003.
Parametrix. 2007. Federal Emergency Management A ency Conditional Letter of Map Revision.
Prepazed for City of Aubum Department of Public Works.July 2007
FEMA(Federal Emergency Mariagement Agency). 1995 Flood Insurance Rate Map,King County
and Incorporated Areas Map Number 53033C1252 F and 53033C1251 F . Revised May 16, 1995.+
le mrx.reom oo o.,1ow.,.•io-os-u.:o-ix-u.a,
October 13, 2011 29 Herrera Environmental Consu/tantsORD.A Page 358 of 907
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Figure 3. Proposed Zoning for the NE Aubum/Robertson Properties Special Area Plan u""
ORD.A Page 359 of 907
NORTHEAST AUBURN / ROBERTSON PROPERTIES
SPECIAL AREA PLAN
Environmental Impact Statement (EIS) Addendum
Addendum Prepared for City of Auburn November 2,2011
Final Environmental Impact Statement July 2004
ORD.A Page 360 of 907
NE Auburn/Robertson Properties Special Area Plan EIS Addendum
November 2011 i
ESA
Table of Contents
Project Background ............................................................................................................. 1
Purpose of this Addendum .................................................................................................. 2
Addendum to Affected Environment, Impacts, and Mitigation ....................................... 13
Water Resources ....................................................................................................... 13
Plants and Animals ................................................................................................... 21
Transportation ........................................................................................................... 43
Environmental Elements not Analyzed .................................................................... 55
References ......................................................................................................................... 58
List of Figures
Figure 1. Planning Area ..................................................................................................... 5
Figure 2. Auburn Gateway Project Area............................................................................ 7
Figure 3. Parcels in Auburn Gateway II ............................................................................ 9
Figure 4. Site Plan ............................................................................................................ 11
Figure 5. Stream and Wetland Map ................................................................................. 27
List of Tables
Table 1. City of Auburn Wetland Categories (ACC 16.10.080) ..................................... 21
Table 2. City of Auburn Stream Class (ACC 16.10.080) ................................................ 22
Table 3. City of Auburn Minimum and Maximum Wetland Buffers
(ACC 16.10.090) ............................................................................................................... 23
Table 4. City of Auburn Minimum Stream Buffers (ACC 16.10.090) ............................ 23
Table 5. City of Auburn Wetland Mitigation Ratios (ACC 16.10.110) .......................... 24
Table 6. Summary of Wetland Characteristics ................................................................ 30
Table 7. Department of Ecology Functions Summary ..................................................... 31
Table 8. Summary of Wetland and Buffer Impacts ......................................................... 36
Table 9. 2020 Office/Retail; PM Peak Hour Level of Service ....................................... 47
Table 10. 2020 Retail Only; PM Peak Hour Level of Service........................................ 48
Table 11. Road Mitigation Summary............................................................................... 52
ORD.A Page 361 of 907
NE Auburn/Robertson Properties Special Area Plan EIS Addendum
November 2011 1
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PROJECT BACKGROUND
In July 2004, a Final Environmental Impact Statement (EIS) was published for the
Northeast Auburn/Robertson Properties Special Area Plan. The special area plan was
developed to address a designated ‘special planning area’ and implement policies in the
Auburn Comprehensive Plan. The EIS also covers an application by Robertson Properties
Group (RPG) to redevelop their property located in the area designated as the “Northeast
Auburn Special Plan Area.” The Northeast Auburn Special Area Plan was provisionally
adopted in June 2008 (Ordinance No. 6183). To be implemented the approval was
conditioned on subsequent adoption of a development agreement and a “planned action”
ordinance under Revised Code of Washington (RCW) 43.21C.031. (A more detailed
description of the planning history can be found in the 2004 EIS.)
The Northeast Auburn Special Area Plan covers approximately 90 acres of land (referred
to in the EIS as the “planning area”). The planning area is bordered by Auburn Way
North, South 277th Street, 45th Street NE, and the undeveloped right-of-way of I Street NE
(Figure 1) as it existed within parcel number 0004200006 in 2004. A portion of the I
Street NE right-of-way has been vacated as part of the implementation of the plan.
Within this planning area, RPG owns the Valley Six Drive-in Theater and several
adjacent properties. In addition to a “no action” scenario, the 2004 EIS evaluated three
redevelopment options for the RPG properties to retail, office, and multifamily residential
uses. RPG named its redevelopment proposal “Auburn Gateway”. A core area of RPG’s
holdings together with other properties that RPG was considering acquiring or that could
be cooperatively developed was defined in the EIS as the Auburn Gateway project area.
This area totaled approximately 60 acres. The boundaries of the planning area and the
Auburn Gateway project area as evaluated in the 2004 EIS are shown in Figure 2.
The EIS evaluated the impacts associated with the implementation of the Northeast
Auburn/Robertson Properties Special Area Plan and the Auburn Gateway project. In
addition to the retail, office, and multifamily residential uses, development in this area
would include new roads and utilities, surface parking, and stormwater detention and
water quality facilities. The existing drive-in theater and other structures on the RPG
property would be demolished.
Alternatives evaluated in the EIS of the Auburn Gateway project involved up to 720,000
square feet of retail development, 1,600,000 square feet of office, 500 multi-family
residences, and 6,133 parking spaces. All alternatives evaluated the area outside the
Auburn Gateway project area (the remaining portions of the planning area) as developing
in accordance with existing zoning. This would include multifamily residential
development to the south and east and heavy commercial development to the west.
ORD.A Page 362 of 907
NE Auburn/Robertson Properties Special Area Plan EIS Addendum
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PURPOSE OF THIS ADDENDUM
Since the 2004 EIS, RPG has purchased four additional parcels located outside of the
Auburn Gateway project area but within the boundaries of the planning area. The
additional area is located west of D Street NE, north of 49th Street NE and south of South
277th Street. The purchased parcels are shown in Figure 3. The additional properties
would expand the Auburn Gateway project area by approximately 11 acres. The Stein
property, McKee property and SE corner property have not been acquired by RPG, but
remain part of the Auburn Gateway project area in the NE Auburn Special Plan Area.
Therefore, the total size of the RPG holdings is approximately 71 acres. The original
RPG project area evaluated under the 2004 EIS is referred to in this addendum as
“Auburn Gateway I” and the newly acquired properties are referred to as “Auburn
Gateway II.” The Auburn Gateway I and II comprise two parts of the same Auburn
Gateway project. This addendum does not discuss any changes to the plans for the Stein
property, McKee property and SE corner property compared to those covered in the 2004
EIS.
The Auburn Gateway I and II project areas would still involve the same potential
amounts of retail, office, and multi-family residential development evaluated in the 2004
EIS but the development would be spread over a larger geographic area. While retail
development may be the most likely component to develop, other options were studied at
the applicant’s request to preserve the ability to a mixed-use development should market
conditions change.
The transportation analysis in this addendum examines both Alternative 1 (evaluated in
the 2004 EIS as 1,600,000 square feet of office with 200,000 square feet of retail
development) and Alternative 2, assuming a site plan modified to include Auburn
Gateway II and a revised roadway layout as described below. Alternative 1 represents the
worst case scenario. While Alternative 2 represents the applicant’s preferred alternative,
Alternative 1 is included to preserve flexibility for the applicant should market conditions
shift toward more office development.
One proposed change in the road network from the 2004 EIS is that D Street NE north of
49th Street NE is proposed to be vacated and converted to an internal circulation aisle
serving the project. As evaluated in the EIS, D Street NE at Auburn Way North would be
closed with a cul-de-sac. In addition, the applicant requested that the eastward extension
of 49th Street NE east of the proposed I Street NE, which was included in the final EIS to
serve development to the east of the RPG property, be evaluated to determine impacts
from the road not being extended. This addendum includes an assessment of the traffic
impacts of eliminating the northern portion of D Street NE and of not constructing the
eastward extension of 49th Street NE.
Also, since the EIS was prepared, phasing has been proposed for the Auburn Gateway
project. Although the project has always been planned to be built out over a period of
approximately 15 years, the applicant had not previously identified any phasing of the
project or infrastructure for the project evaluated in the EIS. Infrastructure for drainage,
wastewater, and other utilities would be constructed as needed to meet City regulations as
ORD.A Page 363 of 907
NE Auburn/Robertson Properties Special Area Plan EIS Addendum
November 2011 3
ESA
development progresses. Transportation infrastructure needed to accommodate the
project, in particular development and widening of several roads and providing signals as
needed, is not specified by Code, so it is important to understand what the traffic
demands would be for any interim stages of development. The project could either be
constructed in two phases - one phase would occur north of 49th Street NE and one south
of 49th Street NE - or as a single phase of full site development. The physical location of
the phases does not coincide with the Auburn Gateway I and Auburn Gateway II area
designations. The order in which the phases would occur has not been determined;
therefore the traffic analysis in particular examined several scenarios for phasing to
proceed. RPG has indicated that the order of development (all at once or in two phases,
north or south phase first) is expected to be determined by market conditions once
entitlements are in place.
Also, since the 2004 EIS was prepared, development of nearby properties has proceeded
and City of Auburn regulations and policies have changed. The most notable regulatory
changes affecting the Auburn Gateway Project are the city’s adoption of Ordinance No.
5894, Critical Areas Ordinance, May 2005; Ordinance No. 6283 for the adoption of City
of Auburn Public Work’s Surface Water Management Manual, November 2009;
Ordinance No. 6295, Floodplain Management Regulations, April 2010; and Ordinance
No. 6280 which adopted policy amendments to the City’s Comprehensive Transportation
Plan, December 2009.The purpose of this addendum is to evaluate impacts associated
with adding Auburn Gateway II area to the project and to evaluate the impacts of
constructing in two phases. Neither of these was evaluated as part of the 2004 EIS. The
following environmental elements warrant a detailed discussion of the changes that have
occurred in the affected environment and an evaluation of new impacts associated with
the Auburn Gateway II area and project phasing:
• Water resources
• Plants and animals
• Transportation.
These elements require a detailed discussion because Auburn Gateway II involves
additional floodplain fill, increased impervious surface, fill placed in wetlands, and
changes in vehicle circulation that were not previously evaluated.
The purpose of identifying project phasing is to determine the impacts of constructing
less than the full project at one time and to evaluate what mitigation is associated with
each phase of the project. The amount of development associated with each phase could
vary, depending on market conditions. In order to address the possibility that the
majority of development could be located either in the north phase area or in the south
phase, the transportation impact analysis looked at scenarios allocating to each phase, up
to 60 percent of anticipated development to test whether additional mitigation would be
needed.
Impacts on the remaining environmental elements evaluated in the 2004 EIS
(Geology/Soils, Air Quality, Noise, Hazardous Materials, Cultural and Historic
ORD.A Page 364 of 907
NE Auburn/Robertson Properties Special Area Plan EIS Addendum
4 November 2011
ESA
Resources, Land Use, Aesthetics, Recreation, Utilities and Public Services) are not
expected to be different from those evaluated in the 2004 EIS and are discussed briefly at
the end of this addendum.
The following sections only assess the changes that have occurred in the affected
environment, environmental impacts, and mitigation measures resulting from changes in
the project plans and/or the environment since the 2004 EIS was published. In all other
instances, the 2004 EIS analysis and conclusions have not changed and the mitigation
measures in the 2004 EIS continue to apply.
The analysis discussed below did not find any significant impacts that were not disclosed
in the 2004 EIS. The information contained in this addendum is provided to allow the
revised project to be evaluated by the City and other regulators, in order to determine
appropriate mitigation for development applications making use of the planned action
EIS.
ORD.A Page 365 of 907
NE Auburn/Robertson Properties Special Area Plan EIS Addendum
November 2011 5
ESA
Figure 1. Planning Area
ORD.A Page 366 of 907
NE Auburn/Robertson Properties Special Area Plan EIS Addendum
November 2011 7
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Figure 2. Auburn Gateway Project Area
ORD.A Page 367 of 907
NE Auburn/Robertson Properties Special Area Plan EIS Addendum
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Figure 3. Parcels in Auburn Gateway II
ORD.A Page 368 of 907
NE Auburn/Robertson Properties Special Area Plan EIS Addendum
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Figure 4. Site Plan
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NE Auburn/Robertson Properties Special Area Plan EIS Addendum
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ADDENDUM TO AFFECTED ENVIRONMENT, IMPACTS,
AND MITIGATION
Water Resources
Applicable Laws and Regulations
Since the 2004 EIS, the City of Auburn has adopted critical area regulations and codified
them in Auburn City Code (ACC) Chapter 16.10 Critical Areas. In addition, ACC
Chapter 15.72 Drainage Plans was repealed and replaced with Ordinance No. 6283 -
Surface Water Management Manual, effective February 16, 2010. The drainage
requirements that would apply to the project are based on equivalency to the Department
of Ecology’s 2005 Stormwater Management Manual for Western Washington (Ecology
2005).
Since the 2004 EIS the National Flood Insurance Program (NFIP) of the Federal
Emergency Management Agency (FEMA) on September 28, 2007 released preliminary
draft Federal Insurance Rate Maps (DFIRMs) that when adopted will revise the extent of
the Green River floodplain in the planning area. Revised preliminary DFRIRMs were
published November 2010. These draft maps indicate a larger and deeper 100-year
floodplain area than the maps that are currently in effect. Since the DFIRM maps have
not been adopted by FEMA the 1995 maps remain in effect from a regulatory standpoint,
based on City code.
In September 2008, a Biological Opinion issued by the National Marine Fisheries Service
(NMFS) determined that the NFIP causes jeopardy to Puget Sound salmonids and
Southern Resident killer whales listed under the Endangered Species Act (NMFS, 2008).
In response to the Biological Opinion, the City of Auburn instituted a moratorium on all
development located in the floodplain per the FEMA maps currently in effect (Resolution
No. 4416). The resolution establishing the moratorium required that applications for
development within floodplain areas may be approved if the applicants meet FEMA and
NMFS requirements for providing adequate protection to endangered species (City of
Auburn, 2008).
On April 5, 2010, the City of Auburn approved interim floodplain regulations (Ordinance
No. 6295; City of Auburn, 2010) which replaced the city’s previous floodplain
regulations and repealed the moratorium. The city received written notification from
FEMA dated September 21, 2011, that FEMA reviewed the City’s interim regulations
and concur they are consistent with FEMA’s model ordinance; the regulations are no
longer interim. The regulations incorporated federal habitat protection requirements and
created a new City floodplain development permit to replace the previous flood zone
control permit. The changes include requiring new developments to prepare a habitat
impact assessment which must include one of the following:
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• A Biological Evaluation or Biological Assessment that has received concurrence
from USFWS or NMFS; or
• Documentation that activity fits within Section 7 or Section 10 of the ESA; or
• An assessment prepared in accordance with Regional Guidance for Floodplain
Habitat Assessment and Mitigation, FEMA Region X, 2010.
New development must be designed and located to minimize the impact on flood flows,
flood storage, water quality and habitat. Stormwater and drainage features must
incorporate low impact development techniques that mimic pre-development hydrologic
conditions. If the project involves more than 10 percent impervious surfaces within the
regulatory floodplain, then the project proponent must demonstrate that there will not be
a net increase in the rate and volume of the stormwater surface runoff that leaves the site.
Structures must be located as far from the waterbody as possible or on the highest land on
the lot (City of Auburn, 2010).
After completion of the Port of Seattle’s compensatory flood storage and wetland
mitigation project located to the south and east of the planning area, and in response to
FEMA’s release of draft Federal Insurance Rate Maps (DFIRM), King County and the
valley cities of Auburn, Kent, Renton and Tukwila (appellants) commissioned NW
Hydraulics Consultants, Inc. to analyze and map the 100-year floodplain for the area. The
report was submitted to FEMA for their consideration during the public appeal period on
the draft floodplain maps. At the time of this writing, the appellants expect that the
DFIRM maps for the planning area will be changed to more closely reflect the NW
Hydraulics Consultant’s study and that ultimately FEMA will adopt the revised maps in
lieu of the DFIRM maps. The timing of FEMA’s adoption is uncertain.
Surface Water
The surface water conditions on the Auburn Gateway I project area were described in the
2004 EIS and have not changed. There have been changes to applicable regulations and
to the adjacent areas that affect surface water. A “Preliminary Feasibility Study” was
developed by RPG’s civil engineers, BCRA Engineering, in December 2007 describing
stormwater conditions at the Auburn Gateway II site (BCRA 2007). Since then, there has
been a new gas station development at the adjacent property to the northwest. Additional
site exploration and a field report by BCRA were completed to review site conditions that
relate to drainage (BCRA 2010). A complete ALTA/topographic survey was completed
by Barghausen Consulting Engineers, Inc. (September 2009) to obtain accurate existing
condition information and update the assumptions and conclusions from the BCRA 2007
preliminary feasibility study. The stormwater conditions described by BCRA are
summarized in this section.
Green River Floodplain
Since the 2004 EIS, the Port of Seattle has completed construction of the compensatory
flood storage and wetland mitigation project described in the 2004 EIS. That project was
designed to compensate for fill of the entire FEMA-identified floodplain area south of
South 277th Street in northeast Auburn based on the 1995 FIRM maps. According to the
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2004 EIS this was roughly 60 acre-feet in the planning area. A subsequent report:
“Federal Emergency Management Agency Conditional Letter of Map Revision”, July
2007 by Parametrix, Inc. prepared for the purpose of application to FEMA identifies
approximately 66.2 acre feet of storage was constructed within the Port of Seattle
Property. The report also indentifies that the volume of fill for areas south of S 277th St
and East of Auburn Way North, below the 45 foot elevation would be less than the
volume of the constructed flood storage, again based on the 1995 FIRM maps. FEMA’s
processing of the Conditional Letter of Map Revision (CLOMR) has not been completed.
However, depending on the final FIRM maps, and if they show a greater floodplain
volume, there may not be adequate compensatory flood storage to mitigate for any
additional flood volume as a result of filling and development in the floodplain.
The City of Auburn and the Port of Seattle are in the process of amending an existing
City and Port Interlocal Agreement to allow the Port’s wetland mitigation property to be
used to compensate for filling nearby properties located in the floodplain including the
project site based on the 1995 FIRM maps.
Storm Drainage
Runoff from the Auburn Gateway II site sheet flows towards the northeast portion of the
site, along the elevated roadway of South 277th Street. The north edge of the site consists
of a roadside ditch running along its entire length. The topographic survey shows the
ditch generally sloping slightly to the east. Auburn Way North has curb, gutter, and storm
conveyance system along the west side of the site. Most of the site is approximately 4 to
6 feet lower in elevation than the road level of Auburn Way North (BCRA, 2007). See
also Figure 8, Existing stormwater drainage and Green River floodplain conditions, page
73, Draft EIS.
The Auburn Gateway II site appears to receive offsite surface waters from the following
sources:
• A 36-inch culvert under D Street NE which conveys stormwater from Auburn
Gateway I towards the northeast corner of the Auburn Gateway II site. The
culvert under D Street NE has been damaged by the weight of the road.
• The developed property located to the northwest of the Auburn Gateway II site (at
the southeast quadrant of the Auburn Way North and South 277th Street
intersection) that conveys surface runoff to the S 277th Street roadside ditch site
via an overflow pipe. The offsite property has a storm drainage control structure
and an apparent water quality treatment device installed. The offsite property is
elevated about 6 feet above the site.
• Surface water runoff from Auburn Way North which enters the site at the
northwest corner. Approximately 800 feet of roadway runoff from Auburn Way
North is conveyed via underground storm pipe north to South 277th Street, turns
east and then discharges into the ditch along the north edge of the site along South
277th Street (BCRA, 2007).
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Surface runoff from Auburn Gateway II exits the site through a 48-inch culvert near the
northeast corner, flowing underneath South 277th Street. Some of the site runoff also
collects in the northwest corner of the site (BCRA, 2007). As described in the Draft EIS,
the surface runoff continues from South 277th Street and the 48-inch culvert along the
west side of 86th Avenue South, then under 86th Avenue South within a 7-foot by 5-foot
concrete box culvert conveying water to the north to the Green River. The ditch is known
as Auburn Creek (Stream Number 0056), although it has been channelized for most of
the distance to the Green River.
Since the 2004 EIS was published, a residential subdivision and planned unit
development (PUD) was constructed on a 40.9-acre site east of the planning area. The
Trail Run (previously called River Sands) development involved the construction of
houses, townhouses, roadways, and stormwater facilities. Stormwater runoff from the site
is retained and treated on-site, and then directed west to the roadside ditch along South
277th Street which continues north along 86th Avenue South in Auburn Creek to an
outfall at the Green River. According to the Supplemental Downstream Storm Drainage
Analysis for River Sands PUD the pre-development rate of runoff from Trail Run during
the 100-year design storm is 8.5 cubic feet per second (cfs) and the 100-year post-
developed conditions would be 7.57 cfs (DBM Consulting Engineers, 2005). Therefore,
assuming the system is working as designed, the rate of stormwater runoff from the Trail
Run property has decreased since the 2004 EIS was prepared.
The City has determined that the ditches along the south side of South 277th Street are
not regulated as streams under the City’s critical areas ordinance, but are regulated by the
City’s Flood Hazard Area regulations as typed waters using the DNR water typing
system. These water bodies are therefore referred to as drainage ditches in this EIS
addendum, to distinguish them from water bodies that the City regulates as streams.
Surface Water Quality
The EIS refers to the 1998 Ecology 303(d) list when describing water quality conditions
for the Green River. Since that time, Ecology has issued two more 303(d) lists, one for
2004 and one for 2008. According to the 2008 Ecology 303(d) list the Green River
adjacent to the planning area is still listed as having elevated temperature. The 303(d) list
also indicates that fecal coliform bacteria and temperature still do not meet standards in
the Green River reaches located several miles downstream. Dissolved oxygen has been
added as not meeting standards. The Green River in the project area is no longer listed as
not meeting standards for chromium (Ecology, 2008).
In addition to the pollutant loadings from the Auburn Gateway I site that were described
in the EIS, the site containing the proposed Auburn Gateway II likely contributes
pollutants associated with agricultural production such as herbicides for weed control,
similar to those expected on parts of the Auburn Gateway I site.
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Impacts
Short Term Construction Impacts
Project construction phasing was not evaluated in the 2004 EIS. The applicant may
develop Auburn Gateway I and II in two phases; one phase north of 49th Street NE and
one phase south of 49th Street NE or as a single phase. If phased, the order in which the
phases would occur has not been determined. Short term impacts associated with
construction would be similar to what was described in the 2004 Draft EIS. While
Auburn Gateway I and II may be constructed in two phases, the cumulative impacts
associated with incremental development would be limited.
The 2004 EIS estimated approximately 650,000 cubic yards of fill and 250,000 cubic
yards of excavation would be necessary to allow for proper drainage of stormwater using
a combination of gravity and pump systems. If the stormwater system was designed to
function by gravity alone, 650,000 cubic yards of fill would be necessary.
Based on the current site plan and addition of the Auburn Gateway II property, RPG is
currently proposing to fill approximately 600,000 to 750,000 cubic yards for the Auburn
Gateway I and II sites. Since the type of stormwater detention facilities have yet to be
determined, this volume of earthwork should be considered an estimate. Grading for the
Auburn Gateway project would consist of importing and placing fill material sufficient to
allow for proper drainage of stormwater and to elevate the building pads out of the 1995
100-year FEMA floodplain as a minimum. Grading would accommodate a gravity system
that has an outlet to the existing ditch along South 277th Street or as modified. Any
phasing that would occur would be required to address floodplain regulations in effect for
each phase.
Impacts associated with fill would be similar to those described in the 2004 EIS, except
that additional trucks would be involved in importing and exporting material. With the
additional 11 acres of development, there could be a higher potential of soil and sediment
deposition on the streets in the project area. Placement of more imported fill material in
the project area could increase the potential for erosion. These potential impacts would be
avoided by implementing best management practices and complying with Washington
State Department of Ecology requirements for temporary erosion control, grading, and
drainage, as described in the 2004 EIS, the City of Auburn Surface Water Management
Manual, November 2009, and the Washington State Department of Ecology 2005
Stormwater Management Manual for Western Washington. The contractor will also be
required to obtain a Construction Stormwater General Permit through the Department of
Ecology and the National Pollutant Discharge Elimination System permit.
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Long Term Operational Impacts
Surface Water
Green River Floodplain
Volume of Floodplain Storage Affected
Because the Port of Seattle wetland mitigation site provided floodplain compensation for
filling the floodplain in the entire floodplain area south of South 277th Street, the filling
of floodplain on the Auburn Gateway II site can be compensated for based on the 1995
FIRM maps. The 2004 Final EIS estimated Up to 27.5 acre-feet of floodplain storage
volume would be filled within the Auburn Gateway project area based on the 1995
FEMA floodplain. The Auburn Gateway II site would require approximately 6.23 acre-
feet of floodplain fill, for a total of 33.73 acre feet (BCRA 2011) Because the
calculations regarding volume of flood storage available in the Port’s property were
based on the adopted 1995 100-year floodplain maps, these calculations do not consider
the differences in floodplain volumes that would result based on the proposed DFIRMs.
Therefore, additional floodplain compensation may be needed for filling the floodplain if
the floodplain volumes established by the DFIRM maps once they are adopted are higher
than the current 1995 FIRM maps. Additional floodplain compensation would be
provided in compliance with applicable city regulations pursuant to a flood development
permit and habitat impact assessment.
Connection of Wetland Flood Storage to Existing Floodplain
According to the 2004 EIS, the Port of Seattle was obligated to construct a flood
conveyance channel from the newly created wetland north to the roadside ditch along the
south side of South 277th Street. After a flood event, excess water stored in the newly
created wetland mitigation/floodplain storage site would drain along the flood
conveyance channel to the roadside ditch. The provision of this channel was a
requirement in the interlocal agreement between the Port of Seattle and the City of
Auburn in order to make sure the wetland is connected to the remaining Green River
floodplain located north of the roadway. The Port of Seattle constructed the flood
conveyance channel as required by the interlocal agreement to make connectivity to the
floodplain. At the time of the 2004 EIS, the Port reported that the capacity of the roadside
ditch on the south side of South 277th Street that connects to the Port’s flood conveyance
channel is not sufficient to convey the 100-year flood volume (Wessels 2003 personal
communication). Once the Auburn Gateway project site is filled and areal extent of the
floodplain is reduced, the capacity of the roadside ditch along the south side of South
277th Street would need to be increased to adequately manage the flood waters being
conveyed from the wetland mitigation /floodplain storage to maintain connectivity to the
floodplain which originates within unincorporated King County to the north. The
roadside ditch would be relocated as part of the roadway widening proposed for South
277th Street. RPG has indicated that the relocated roadside ditch and culvert system will
be designed to accommodate the 100-year 24-hour peak flow rate and fish passage
criteria (if required) per Chapter 3 of the City of Auburn Surface Water Management
Manual November 2009.
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In the 2004 EIS, the roadside ditch along 277th Street was considered to be several
interconnected wetlands (Wetland Ditches H, I and J). Washington Department of Fish
and Wildlife (WDFW) determined that the wetlands are actually a stream (J.S. Jones and
Associates letter to WDFW, dated June 15th, 2009, confirming results of site visit with
WDFW), however this determination may not affect determinations of other regulatory
agencies. In the 1990s, as part of a 272nd / South 277th Street improvement project, west
of Auburn Way North, the City of Kent created wetland mitigation credit by completing
wetland mitigation for the proposed filling of the wetland ditches as they existed then
along South 277th Street. The applicant may petition regulatory agencies to apply the
wetland mitigation credit that was established at the time to the wetland ditches if the
ditches are currently considered to be wetland by the U.S. Army Corps of Engineers
(COE). The applicability of the credits would be at the discretion of each permitting
agency and the City of Kent, which constructed the mitigation and owns the credits. Any
shortfall in wetland mitigation may require additional wetland mitigation. See Plants and
Animals-Affected Environment for more detailed information.
Storm Drainage Systems
The stormwater system for Auburn Gateway I and II would include conveyance systems
and the use of either above ground stormwater detention facilities/ponds, underground
detention vaults/tanks, or a combination thereof to provide stormwater quality and
quantity control. Based on current topography and existing basins, there could be two or
three detention systems used to control storm water runoff. Grading on site will
accommodate a gravity system that has an outlet to the existing ditch in South 277th
Street or as modified.
More specifically, for Auburn Gateway II storm drainage connections would be made to
the future storm improvements in South 277th Street and to the 48-inch culvert crossing
under South 277th Street. It is anticipated that an underground detention tank would be
the preferred method of stormwater detention onsite. For example, based on impervious
coverage of 80 percent for the total 11-acre Auburn Gateway II site, approximately
200,000 cubic feet of storage would be required for detention (BCRA, 2007), based on
the previous stormwater management design standards. Since this time, the City has
adopted a new Surface Water Management Manual (November 2009). The impervious
surface amount for the Auburn Gateway II site is not known at this time and could be
lower than 80 percent, and detention requirements could also be reduced through use of
low impact development methods. The project will be expected to meet the design
requirements and stormwater management code as required by the City of Auburn. To
ensure coordination of the future storm system over the project area in conformance with
proposed phasing and city codes, a master storm drainage plan is to be prepared prior to
construction authorizations.
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 Auburn Gateway
Project”, 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 Street NE (EIS
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Scenario 3b), then additional downstream drainage analysis shall be required as directed
by the City Engineer prior to construction authorizations.
If all the storm drainage discharge from the project is directed to South 277th Street (EIS
Scenario 3a) the applicant shall design the master plan to include the following storm
drainage improvements for any phase of development:
• Replace the existing storm drainage pipe located in D Street NE with a 36-inch
pipe in D Street NE from South 277th Street to Auburn Way North.
The master storm drainage 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).
Stormwater for the pollution-generating impervious surfaces on the Auburn Gateway II
site would be treated as required by the City of Auburn. Pre-cast water quality vaults with
filter cartridges will likely be used for treatment per the current site plan. Other treatment
options would include bio-retention facilities, open treatment ponds, and low-impact-
development methods (BCRA, 2007).
To provide for adequate storm drainage and conveyance to the point of discharge at the
northeast corner of the Auburn Gateway II site, the site at the south and southwest ends
would need to be at an approximate elevation of 56 feet. There would be significant
amount of fill required to allow for draining the site to the northeast. It is anticipated that
the site would need to be raised approximately 5 to 7 feet in some areas to allow for
gravity drainage to the culvert at South 277th Street and D Street NE (BCRA, 2007).
With the construction of on-site detention facilities, stormwater runoff from the Auburn
Gateway II site is expected to be the same or less than the current rate of runoff.
Stormwater facilities for both the Auburn Gateway I and II sites would be designed to
comply with the City of Auburn Surface Water Management Manual, November 2009,
effective February 16, 2010. The City’s Surface Water Management Manual is
equivalent to the Washington State Department of Ecology 2005 Stormwater
Management Manual for Western Washington.
Significant Unavoidable Adverse Impacts
As stated in the 2004 Draft EIS, no significant unavoidable adverse impacts on water
resources would occur if the mitigation requirements and recommendations provided in
the Draft EIS are followed. To avoid impacts on ESA listed species and habitats, the
development must meet City floodplain development permit standards and FEMA and
NMFS requirements for providing adequate protection to endangered species.
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Plants and Animals
Applicable Laws and Regulations
At the time the 2004 EIS was issued, the City of Auburn relied on adopted SEPA policies
and used the SEPA process to identify impacts and mitigation for environmentally critical
areas. General guidance from the City of Auburn Comprehensive Plan regarding the
protection of critical areas was also used as a guide for assessing impacts. Since that time,
the City of Auburn has developed critical area regulations codified in Auburn City Code
(ACC) 16.10 Critical Areas. Therefore, the following sections serve as an update to the
2004 EIS and replace the analysis regarding the Mill Creek Special Area Management
Plan.
The City’s Critical Areas regulations (ACC 16.10) contain the definitions for regulated
wetlands and streams, wetland categorization criteria, buffer standards and permit
standards and procedures.
Wetlands in the City of Auburn are to be classified according to the criteria under ACC
16.10.080, summarized in Table 1.
Table 1. City of Auburn Wetland Categories (ACC 16.10.080)
Category I Represent a unique or rare wetland type; or
Are more sensitive to disturbance than most wetlands; or
Are relatively undisturbed and contain ecological attributes that are impossible to
replace within a human lifetime; or
Are providing a high level of functions, scoring 70 points or more out of 100
(DOE Wetlands Rating System, 2004); or
Are characterized as a national heritage wetland; or
Are characterized as a bog; or
Are over one acre and characterized as a mature and old-growth forested wetland.
Category II Provide high levels of some functions, being difficult, though not impossible to
replace; or
Perform most functions relatively well, scoring 51 – 69 out of 100 points (DOE
Wetlands Rating System, 2004).
“Category III wetlands” are those wetlands that are not Category I or II wetlands,
and which meet the following criterion:
Provide moderate levels of functions, scoring between 30 and 50 out of 100
points (DOE Wetlands Rating System, 2004).
Category III Provide moderate levels of functions, scoring between 30 and 50 out of 100
points (DOE Wetlands Rating System, 2004).
Category IV Provide low levels of functions, scoring less than 30 out of 100 points (DOE
Wetlands Rating System, 2004).
Source: City of Auburn, 2009
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According to ACC 16.10.080 wetlands that are artificially created are not regulated.
“Artificially created wetlands are purposefully created landscape features, ponds
and storm water detention or retention facilities. Artificially created wetlands do
not include wetlands created as mitigation, and wetlands modified for approved
land use activities. Purposeful creation must be demonstrated to the director
through documentation, photographs, statements and/or other evidence. Artificial
wetlands intentionally created from nonwetland sites are excluded from regulation
under this section.” (ACC 16.10.080[C][5])
Streams in the City of Auburn are to be classified according to the criteria under ACC
16.10.080, summarized in Table 2.
Table 2. City of Auburn Stream Class (ACC 16.10.080)
Class I
Streams
Natural streams identified as “shorelines of the state” under the city of Auburn
shoreline master program.
Class II
Streams
Natural streams that are not Class I streams and are either perennial or intermittent
and have one of the following characteristics:
Contain fish habitat; or
Has significant recreational value, as determined by the director.
Class III
Streams
Natural streams with perennial (year-round) or intermittent flow and do not contain
fish habitat.
Class IV
Streams
Natural streams and drainage swales with channel width less than two feet taken at
the ordinary high water mark, that do not contain fish habitat.
Source: City of Auburn, 2009
According to ACC 16.10.080 streams that are intentionally created are not regulated.
“Intentionally created streams are those manmade streams defined as such in
these regulations, and do not include streams created as mitigation. Purposeful
creation must be demonstrated through documentation, photographs, statements
and/or other evidence. Intentionally created streams may include irrigation and
drainage ditches, grass-lined swales and canals. Intentionally created streams are
excluded from regulation under this section, except manmade streams that
provide “critical habitat,” as designated by federal or state agencies, for
salmonids.” (ACC 16.10.080[D][5])
Regulated wetlands and streams are protected by buffers, defined as a “naturally
vegetated, undisturbed, enhanced or revegetated zone surrounding a critical area that
protects the critical area from adverse impacts to its integrity and value, and is an integral
part of the resource’s ecosystem” (ACC 16.10.020).
Table 3 lists the required buffer widths for wetlands in Auburn.
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Table 3. City of Auburn Minimum and Maximum Wetland Buffers
(ACC 16.10.090)
Wetland Category Minimum Buffer Width Maximum Buffer Width
Category I 100 feet 200 feet
Category II 50 feet 100 feet
Category III 25 feet 50 feet
Category IV 25 feet 30 feet
Source: City of Auburn, 2009
Table 3 displays the minimum and maximum buffer requirements to be applied to
wetlands in Auburn. The maximum buffer may be required if the Planning and
Development Director determines that a larger buffer is necessary to protect wetland
functions and values based on site conditions, site design, intensity and operational
characteristics of the development/land use (ACC 16.10.090[E][1][g]). Buffer width
requirements may be averaged where it is demonstrated that:
• The wetland contains variations in sensitivity due to existing physical
characteristics;
• Lower intensity land uses would be located adjacent to areas where buffer width
is reduced;
• Width averaging will not adversely impact the wetland functional values; and/or
• The total area contained within the buffer after averaging is no less in area than
contained within the standard buffer prior to averaging.
When buffer width averaging is allowed, the buffer reduction cannot result in a reduction
greater than 35 percent of the required buffer.
Table 4 lists minimum required buffer widths for streams in Auburn.
Table 4. City of Auburn Minimum Stream Buffers (ACC 16.10.090)
Stream Class Minimum Buffer Width
Class I
(see subsection (E)(2)(b) of this section) 100 feet
Class II 75 feet
Class III 25 feet
Class IV 25 feet
Source: City of Auburn, 2009
The minimum buffer widths established in Table 4 may be increased or averaged by the
Planning and Development Director in response to site-specific conditions and based on
the information characterizing the functions and values of the stream (ACC
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16.10.090[E][2]). Buffer width averaging may be allowed for Class II and Class III
streams only when all of the following are met:
• One or more enhancement measures are implemented (as listed in ACC 16.10.090
(E)(2)(b)(i) through (iv), which include removing or modifying stream culverts,
planting native vegetation within buffer);
• The total area contained within the buffer after averaging is no less in area than
contained within the standard buffer prior to averaging;
• The buffer width averaging will result in stream functions and values equal or
greater than before averaging; and
• The buffer width is not reduced by more than 35 percent in any location than the
required buffer widths.
In circumstances where wetland alterations are allowed by the Planning and
Development Director, the following acreage replacement and enhancement ratios must
be implemented:
Table 5. City of Auburn Wetland Mitigation Ratios (ACC 16.10.110)
Wetland Category Wetland Creation Ratio (Acres) Wetland Enhancement Ratio (Acres)
Category I 6:1 12:1
Category II
Forested 3:1 6:1
Scrub/Shrub 2:1 4:1
Emergent 2:1 4:1
Category III Forested 3:1 6:1
Scrub/Shrub 2:1 4:1
Emergent 2:1 4:1
Category IV* 1.25:1* 2.5:1*
*Category IV wetlands can either be mitigated by either: (a) meeting one of the replacement ratios; or (b) implementing
mitigation which ensures no net loss of values and functions of the larger ecosystem in which the critical area is
located.
Source: City of Auburn, 2009
The City of Auburn identifies floodplain as a regulated critical area. The City also
regulates portions of the site as flood hazard areas under Chapter 15.68 ACC Flood
Hazard Area regulations. These regulations require that development be adequately
elevated and floodproofed, and that development not reduce effective base flood storage.
If a project involves placement of fill in a floodplain, an equivalent compensatory
floodplain storage volume must be provided at equivalent elevations to that being
displaced and must be hydraulically connected to the floodplain.
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Affected Environment
Plant Communities
Wetlands
Wetlands in the project area were not delineated or categorized in the 2004 EIS. Since
that time J.S. Jones and Associates, Inc. prepared a Wetland and Stream Impact
Assessment (J.S. Jones and Associates, Inc., 2010). The assessment delineated and
categorized Wetlands A, B, C, and D, all of which are located at least partially within the
Auburn Gateway I project area. The report also describes Wetland E, which is located in
the Auburn Gateway II project area and is discussed in more detail below. Wetland E
was not delineated but is described in the J. S. Jones Report (2010).
Wetland F is a wetland located on the Port of Seattle mitigation site to the east
(Parametrix, 2003). Wetland G located on the north side of Auburn Gateway II project
area is considered to be a roadside drainage ditch for stormwater conveyance rather than
a wetland, as characterized in the 2004 EIS. As a drainage ditch, it is not considered a
wetland or stream in the City code, although alterations to the ditch may be regulated by
other agencies, as described below.
Wetland ditches H, I, J, and K have been determined by the Washington Department of
Fish and Wildlife (WDFW) to be intermittent fish bearing waters rather than wetlands, as
characterized in the 2004 EIS (J. S. Jones and Associates, Inc., 2009). Based on
information provided by the applicant, in the Stream Determination Request Letters from
J. S. Jones and Associates dated September 15, 2009 and December 9, 2009, the City has
determined that the roadside ditches on the south side of S 277th Street would not be
regulated under the city’s critical areas regulations (Chapter 16.10 ACC). However, the
various regulatory agencies have different authority and as a result their determinations
may be different.
The U.S. Army Corps of Engineers (COE) was consulted to determine if their prior
jurisdictional determination, evaluated in the 2004 EIS, has changed given WDFW’s
determination that the wetland ditches are streams. The COE indicated in a letter to Mr.
Jeffery Jones received May 10, 2010 that ditches identified as Wetlands G, H, I, J and K
in the 2004 EIS would be regulated by the COE as “waters of the US”, rather than
wetlands, and confirmed the locations of the wetland boundaries for Wetlands A, B , C,
and D (COE 2010). The Wetland and Stream Impact Assessment J.S. Jones and
Associates, Inc., 2010 evaluated wetland ditches G, H, I, J and K as a stream as discussed
in the Stream section below. See Figure 5 for the location of wetlands, streams, and other
drainage features in the project area.
Wetland E is located in the Auburn Gateway II project area. There is uncertainty about
the extent of the wetland. The Mill Creek SAMP identifies wetland as 1.5 acres in size.
The Draft EIS identified the wetland as approximately 0.20 acre. In 2008, Ecological
Land Services, Inc. (ELS) delineated and categorized the wetland and submitted the
report to the COE at the request of the property owner at the time. In 2008, ELS
delineated and categorized the wetland as a 1.53-acre Category III wetland (ELS, 2008).
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The COE conducted a field visit and responded to ELS that the delineation was incorrect.
Since ELS did not provide a response, the application was rejected by the COE. The
Auburn Gateway II property receives stormwater runoff from an adjoining property to the
northwest bringing the actual extent of the wetland under question. Because a similar
estimated area was provided for this wetland in the Mill Creek SAMP, the 1.53-acre
estimate is used for this addendum, with the understanding that a full delineation will be
required prior to development approvals, and mitigation will be required pursuant to the
City’s and the COE’s requirements or those of other agencies at that time. The applicant
proposes to delineate and categorize the wetland during the City’s permit submittal
process. At this time, the wetland is assumed to be a Category IV depressional wetland
with a Palustrine Emergent (PEM) vegetation class, as described in the Wetland and
Stream Impact Assessment report (J.S. Jones and Associates, Inc., 2010).
Wetlands G, H, I, J, and K are described in more detail below under the heading:
Streams.
In 1996 the City of Kent applied for permits for the 272nd / South 277th Street
improvement project. This project involved widening South 277th Street, generally west
of Auburn Way North and filling what were considered at that time to be wetland ditches
G, H, I and J. A Clean Water Act Section 404 permit was issued by the COE for the
project in 1996 that required wetland mitigation for filling the wetland ditches. The City
of Kent completed the required wetland mitigation, thereby creating wetland mitigation
credit however the Wetlands G, H, I, J, and K were never filled. The wetland mitigation
credit may be applied to the wetland ditches as originally intended; if the ditches are
currently considered to be wetland by the COE. If the ditches are not considered
wetlands, the credits could be used towards other wetland fill, including possibly the
Auburn Gateway project. The applicability of the credits would be at the discretion of
each permitting agency and the City of Kent, which constructed the mitigation and owns
the credits.
The Hydrogeomorphic Classification (HGM) of Wetlands A-E varies between riverine,
depressional, and slope. Wetland classifications according to the Cowardin system vary
between Palustrine Emergent (PEM), Palustrine Scrub-Shrub (PSS), and Palustrine
Forested (PFO). The following sections describe the three Cowardin communities that are
present within the Auburn Gateway I and II project area as portrayed in the Wetland and
Stream Impact Assessment (J.S. Jones and Associates, Inc., 2010).
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Figure 5. Stream and Wetland Map
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Palustrine Forested Wetland (PFO)
Two palustrine forested wetlands are located in the Auburn Gateway I and II project area
(Wetland B and D). Wetland B is a Category II depressional wetland that extends beyond
the Auburn Gateway I project area. Within the project area it is approximately 0.01 acres
in size. The off-site portion of Wetland B was not delineated since permission to access
the Stein property was not given. Wetland B is dominated by black cottonwood (Populus
trichocarpa), Sitka willow (Salix sitchensis), and unidentified grasses. The on-site buffer
north of Wetland B has been enhanced with native vegetation for a width of 35 feet.
Wetland D is a Category II riverine wetland that it is approximately 0.06 acres in size.
The April 2003 wetland delineation report for the Port of Seattle indicates that this
wetland does not extend onto the Port property (Parametrix 2003). Wetland D is
dominated by black cottonwood and red-osier dogwood (Cornus stolonifera). The
vegetated buffer (as established by ACC 16.10) is disturbed and dominated by black
cottonwood, red alder (Alnus rubra), and Himalayan blackberry.
Palustrine Scrub-Shrub Wetland (PSS)
Wetland B is the only wetland within the Auburn Gateway I and II project area that
contains a palustrine scrub-shrub wetland; it also includes portions that are palustrine
forested and palustrine emergent.
Palustrine Emergent Wetland (PEM)
Four palustrine emergent wetlands are located in the Auburn Gateway I and II project
area (Wetlands A, B, C, and E). Wetland A is a Category II riverine wetland that is
approximately 0.14 acres in size. According to the Parametrix Port of Seattle delineation,
Wetland A does not extend offsite (Parametrix, 2003). Wetland A is dominated by
meadow foxtail (Alopecurus sp.). Existing buffers (as established in ACC 16.10) are
gravel surfaces to the south and west of Wetland A and previously disturbed black
cottonwood (Populus trichocarpa), Himalayan blackberry (Rubus discolor) and grasses
to the north and east.
As discussed above, a portion of Wetland B is palustrine emergent. Wetland C is a
Category III slope wetland approximately 0.39 acres in size. The perimeter of the
wetland is silt fenced as it was previously delineated. There is a surface water inlet
structure near the north end of the wetland that connects to the existing Auburn Valley 6
Theaters’ storm drainage system. The inlet structure controls the peak water levels of the
wetland. A 35-foot wetland buffer around the perimeter of the wetland was planted with
native vegetation in the fall of 2005.
Wetland E located in Auburn Gateway II project area has not been delineated or
categorized. It is assumed to be a Category IV depressional wetland. The wetland is
dominated by creeping buttercup (Ranunculus repens) and reed canarygrass (Phalaris
arundinacea).
Table 6 summarizes the wetland areas and classifications for Wetlands A, B, C, D, and E.
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Table 6. Summary of Wetland Characteristics
WetlandA
Wetland Classification Wetland Size
(acre) CowardinB HGMG EcologyC Local
JurisdictionD
A PEM Riverine II II 0.14
B PFO, PSS,
PEM
Depressional II II 0.01E
C PEM Slope III III 0.39
D PFO Riverine II II 0.06E
E PEM Depressional IVF IVF UnknownF
Source: J.S. Jones and Associates, Inc., 2010
A) Refer to Figure 5 for wetland general locations.
B) PEM = Palustrine Emergent; PSS = Palustrine Scrub-Shrub; PFO = Palustrine Forested.
C) Ecology rating according to Washington State wetland rating system for Western Washington, Revised.
Ecology publication #04-06-15.
D) Auburn City Code Chapter 16.10.080.C.
E) The Wetland continues off-site; only the on-site area is listed
F) Wetland has not been delineated or classified, but will be delineated at the time of permit application.
G) Hydrogeomorphic Classification (HGM)
Functional Analysis
Functions were assessed by J.S. Jones and Associates, Inc. (2010) using the Washington
State Department of Ecology Wetland Rating Form – Western Washington.
Wetland A provides low habitat and moderate water quality and hydrologic functions.
Auburn Valley 6 Theaters’ drainage ditches and culverts discharge to the wetland. The
wetland is composed of dense grass. Wetland A is a tributary to Auburn Creek and the
Green River. Flow-through is rapid. Over bank flooding occurs seasonally. Habitat
features and vegetation structure is absent.
Wetland B is rated moderate for water quality and low for habitat and hydrology. The
presence of invasive plants in the understory and the small wetland size are the reasons
for the low habitat and hydrology scores. Water quality is moderate because the ability
and opportunity to improve water quality are present.
Wetland C is rated moderate for hydrology, moderate for water quality and low for
habitat. Wetland C is considered a “slope” wetland because it is not in a depression
where it could hold water. For a “slope” wetland, the hydrology value for the Wetland C
is the maximum possible. However, “slope” wetlands have less potential points. The
grass community limits habitat functions and the small wetland size limits the ability for
water retention. Water quality is moderate because the ability and opportunity to
improve water quality are present.
Off-site Wetland D is rated moderate for water quality, hydrology and habitat. The
wetland has seasonal flooding from the adjacent ditch. There is opportunity to improve
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water quality. Habitat values are provided by the vertical vegetative structure and by
being adjacent to a stream.
Wetland E has not been delineated or fully assessed for functions. The wetland is
currently under agricultural use. Although the functions for this wetland have not been
formally assessed, initial observations suggest that Wetland E has moderate functions for
water quality since it has an unconstricted outlet. It also can treat pollutants from
surrounding residential areas since it has un-grazed vegetation. It has moderate
hydrologic functions as it has a 2- to 3-foot depression that can store water at peak storm
events. Storage prevents excessive flows to the Green River which can potentially
damage salmon redds further downstream. It has low habitat functions since it has an
absence of intact buffers, connections to open space and habitat features that include
standing snags, fallen logs and amphibian habitat.
Table 7 provides a summary of the functions assessed for each wetland.
Table 7. Department of Ecology Functions Summary
Functions Wetland A Wetland B Wetland C Wetland D Wetland E1
Water quality Moderate Moderate Moderate Moderate Not assessed
Hydrology Moderate Low Moderate Moderate Not assessed
Habitat Low Low Low Moderate Not assessed
1: Although wetland functions have not been assessed for Wetland E, it is likely to be considered moderate
for water quality and hydrology, and low for habitat since it is actively farmed. The functions will be
assessed at the time of the wetland delineation.
Source: J.S. Jones and Associates, Inc., 2010
Streams
The wetland ditches described in the 2004 EIS as Wetlands H, I, J and K have been
determined by WDFW to be streams as the agency defines them. Wetland ditch G is not
considered a stream by WDFW; however, it is anticipated that the COE will regulate the
road ditch as a “Water of the U.S.” Based on information provided by the applicant, in
the Stream Determination Request Letters from J. S. Jones and Associates dated
September 15, 2009 and December 9, 2009, the City has determined that the roadside
ditches on the south side of S 277th Street would not be regulated under the city’s critical
areas regulations as either wetlands or streams (Chapter 16.10 ACC). However, the
various regulatory agencies have different authority and as a result their determinations
can differ. The COE has been consulted to determine if their prior jurisdictional
determination, evaluated in the 2004 EIS, has changed given WDFW determination that
the wetland ditches are streams not wetlands (J. S. Jones and Associates, Inc., 2010).
Auburn Creek (Stream Number 0056) is located along 86th Avenue South and is a
tributary to the Green River. The roadside ditch along the south side of South 277th
Street and the stream along the east property line of the Auburn Valley 6 Theaters and the
Stein Property (previously identified as Wetland ditch K) are two tributaries of Auburn
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Creek. There is a ditch that runs through Wetland A and connects to the east side stream
(J. S. Jones and Associates, Inc., 2010).
The South 277th Street roadside ditch and the east side stream both have the potential to
be fish-bearing (previously identified as Wetland ditches H, I & J). Surface flow is
intermittent and seasonal. The roadside ditch and east side stream are classified as Type
F waters according to WDFW. The existing buffer of the South 277th Street roadside
ditch is road shoulder to the north side and where adjacent to the drive-in theater
(Wetland ditch H & I) is a narrow strip, less than 10 feet wide, containing Arborvitae
trees and chain link fence on the south side. The understory is Himalayan blackberry,
red-osier dogwood, and willow. The existing south side buffer of Wetland ditch J is
mixed second growth forest as identified in the 2004 EIS.
The ditch through Wetland A is not fish-bearing and carries flowing water intermittently.
There is an elevation drop of several feet from the east end of Wetland A to the east side
stream (identified as Wetland ditch K). The stream is densely vegetated with grass most
of the year (J. S. Jones and Associates, Inc., 2010).
Functions
Auburn Creek is an intermittent stream that may provide potential spawning and juvenile
rearing habitat for salmonids; however, this has not been confirmed. There is a large flap
gate at the outfall to the Green River that does not prevent fish passage. The South 277th
Street ditch and 48-inch culvert under S 277th Street connects to farm ditches north of
South 277th Street, which become Auburn Creek. The farm ditches are annually sprayed
and cleaned with a backhoe. Seasonal flows, stream temperatures, sedimentation, water
quality, and channel conditions limit the potential of fish usage (J. S. Jones and
Associates, Inc., 2010).
WDFW fisheries biologist, Larry Fisher, classified the eastern drainage and South 277th
roadside ditch, east of D Street NE, as intermittent potential fish-bearing waters. No fish
have been observed south of South 277th Street (J. S. Jones and Associates, Inc., 2010).
The habitat quality appears to be poor. The source of water is Auburn Valley 6 Theaters’
parking runoff, street runoff, City of Auburn storm drainage pipelines, and runoff from
undeveloped properties. This runoff from a pollution-generating surface is untreated.
The riparian conditions are poor, particularly along South 277th Street.
Threatened and Endangered Species
Wildlife
Since the 2004 EIS was issued there have been several changes to listing status for
several species. The 2004 document identified the bald eagle as threatened. The bald
eagle was delisted in 2008 and is now a federal species of concern. The 2004 EIS did not
include several species that potentially occur within King County including: gray wolf
(federally and state endangered), grizzly bear (federally threatened and state endangered),
Canada lynx (federally and state threatened), marbled murrelet (federally and state
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threatened), and northern spotted owl (federally threatened and state endangered)
(USFWS 2007).
The gray wolf, grizzly bear, and Canada lynx are wide-ranging species that are found in
critically small numbers in Washington, most reliable observations are from the North
Cascades (Almack and Fitkin, 1998; WDFW, 1999). Marbled murrelets are year-round
residents on coastal waters, and they generally nest and roost in mature and old growth
forest where preferred nest sites are large flat conifer branches ranging from four to 25
inches in diameter (WDW, 1991). The northern spotted owl primarily nests and roosts in
mature/old growth coniferous forests with high canopy closure, a multi-layered, multi-
species canopy dominated by large (>30 inches diameter at breast height) trees, tree
deformities such as cavities and broken tops, large snags, woody debris, and space for
flying below the canopy (USFWS, 1990). Due to their limited range and specific habitat
requirements, the gray wolf, grizzly bear, Canada lynx, marbled murrelet, and northern
spotted owl would not be expected to occur within the urban areas of King County.
The 2004 EIS also identified several federal species of concern that may occur in King
County. The list was updated in 2007 to include: tailed frog, Larch Mountain salamander,
and northern sea otter (USFWS, 2007). The project area does not contain suitable habitat
to support these species at this time. Pacific fisher, as identified in the 2004 EIS, is no
longer listed as a species of concern in King County.
The 2004 EIS did not include the Oregon spotted frog or yellow-billed cuckoo, which are
federal candidate species. The Oregon spotted frog is endemic to the Pacific Northwest,
historically distributed in the Puget Trough Physiographic Province as well as the
Willamette Valley province and the Cascade Mountains of south-central Washington and
Oregon (McAllister and Leonard, 1997). In Washington they were historically distributed
through the lowlands of Puget Trough from the Canadian border south to Vancouver
Island and east into the southern Washington Cascades (Leonard et al., 1993; McAllister,
1995). Only four populations are extant in Washington today, one in south Puget Sound
lowlands (Mason County), one in Thurston County at Dempsey Creek, and two in the
Cascade Mountain range in south-central Washington (WDFW, 2000; McAllister and
Leonard, 1997). The spotted frog (Rana pretiosa) is nearly always found in or near
emergent wetlands within forested areas and is also associated with lakes in the prairie
landscape of the Puget Sound lowlands (Slipp, 1940). Though not typically found in
locations with a forest canopy, spotted frogs have been found in riparian areas with dense
shrub cover (McAllister and Leonard, 1997). The proposed project will impact emergent
wetlands and riparian areas; however, given the current range and distribution of the
species and the degraded conditions of on-site wetlands and stream, the likelihood of
Oregon spotted frog occurring on-site is very low.
Yellow-billed cuckoos breed in large blocks of riparian habitats (particularly woodlands
containing cottonwoods and willows) (Erhlich et al., 1988). Dense understory foliage
appears to be an important factor in nest site selection, while cottonwood trees are an
important foraging habitat in areas where the species has been studied in California (66
Federal Register 210). The available data suggest that the yellow-billed cuckoo’s range
and population numbers have declined substantially across much of the western United
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States over the past 50 years. In the Pacific Northwest, the species was formerly fairly
common locally in willow vegetation within river bottoms along the Willamette and
Columbia Rivers in Oregon; in the Puget Sound lowlands; and along the lower Columbia
River in Washington. The last confirmed breeding records were in the 1930s in
Washington and in the 1940s in Oregon. This species may now be extirpated from
Washington (66 Federal Register 210). There have been documented sightings of yellow-
billed cuckoo in King County and the Green River riparian corridor may provide some
limited foraging and breeding habitat; however, the proposed site is devoid of mature
cottonwood stands of significant size to support the species and their presence is not
anticipated.
Fish
The 2004 EIS identified the Puget Sound/Strait of Georgia coho salmon as a candidate
species; however their current federal status has been downgraded to a species of
concern. Other listing changes that have occurred since that time includes the 2007 listing
of the Puget Sound Distinct Population Segment (DPS) steelhead as threatened under the
ESA (72 Federal Register 91), and the 2005 listing of designated critical habitat for the
Puget Sound Evolutionarily Significant Unit (ESU) Chinook salmon and Coastal-Puget
Sound DPS bull trout in the Green River (70 Federal Register 170; 70 Federal Register
185).
Since the 2004 EIS, a Biological Opinion was issued by NMFS that determined the
effects of certain elements of the NFIP throughout Puget Sound is likely to jeopardize the
continued existence of the following species listed under the ESA: Puget Sound Chinook
salmon, Puget Sound steelhead, Hood Canal summer-run chum salmon, and Southern
Resident killer whales. The Biological Opinion also determined that NFIP is likely to
adversely modify the following ESA designated critical habitats: Puget Sound Chinook
salmon, Hood Canal summer-run chum salmon, and Southern Resident killer whale
critical habitats. The biological opinion provides a reasonable and prudent alternative
which can be implemented to avoid jeopardy and adverse modification of critical habitat.
In response to the Biological Opinion, FEMA developed a model ordinance for NFIP
participating communities, which includes the City of Auburn. The City of Auburn
incorporated substantive terms of the model ordinance into their interim floodplain
regulations (Ordinance No. 6295). Once FEMA approves the regulations as permanent
measures or as it may be modified in response to FEMA comments, the Auburn
regulations will become permanent. The Biological Opinion originally established a 2010
timeline for compliance for all NFIP participating communities within the Puget Sound
Basin (NMFS, 2008). On September 10, 2010, the Federal Emergency Management
Agency (FEMA) requested and was approved for a one-year extension to the September
2010 date for compliance with a Biological Opinion (BiOp) on the effects of FEMA's
National Flood Insurance Program (NFIP) on listed salmon species under the Endangered
Species Act throughout Puget Sound. Revised DFIRMs have been issued as of November
6, 2010, The new base flood elevations were published in the Federal Register on
February 16, 2011, however the required process prior to adoption of publishing notice
twice in a local newspaper and notifying local officials which begins the 90-day public
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appeal period has yet to be completed. Thus, the timing of implementation of revised
floodplain maps is uncertain.
The City of Auburn amended its floodplain regulations to implement FEMA’s draft
model ordinance (Ordinance No. 6295). This interim ordinance establishes requirements
for obtaining a permit for development in a floodplain, establishing standards to protect
structures from damage and specifying criteria to protect against habitat loss in
floodplains due to development, with emphasis on avoiding impacts to endangered
species.
Impacts
Short-Term Construction Impacts
Impacts to plants and animals would be similar to the impacts described in the 2004 Draft
EIS.
Long-Term Operational Impacts
Habitat Loss and Fragmentation
Wetland Habitat
In addition to the impacts discussed in the Draft and Final EIS, the development of
Auburn Gateway II would entail filling Wetland E. This would further reduce wetland
habitat in the project area. The expanded development area would also involve a larger
loss of upland habitat elements which may further limit access to remaining habitat by
wildlife.
Wildlife that has been listed under the ESA as endangered, threatened, species of concern
or candidate species since the 2004 EIS (i.e., grey wolf, grizzly bear, Canada lynx,
marbled murrelet, northern spotted owl, tailed frog, Larch Mountain salamander, northern
sea otter, Oregon spotted frog, yellow-billed cuckoo) are not likely to occur on-site as
described under Affected Environment. Therefore, no new impacts associated with these
species are likely to occur.
Since the 2004 EIS, wetlands in the project area have been delineated and categorized,
except for Wetland E within the Auburn Gateway II project area. Table 8 summarizes
wetland and buffer impacts associated with Auburn Gateway I and II according to the
Wetland and Stream Impact Assessment (J.S. Jones and Associates, Inc., 2010).
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Table 8. Summary of Wetland and Buffer Impacts
Wetland
Wetland Impact Area Minimum
Buffer
Width
(feet)B
Buffer Impact Area
Permanent Percent
Impacted Temporary Indirect Permanent Temporary
A 0 0 0 0 50 0.12 0
B 0 0 0 0 50C 0.10 0
C 0 0 0 0 35 C 0 0
D 0 0 0 0 50 0 0
E UnknownA 100 0 0 25 NA NA
Total Unknown 0 0 0.22 0
Source: J.S. Jones and Associates, Inc., 2010
A) Entire wetland to be filled. Since the wetland has not been delineated, the amount of wetland impact has not been
determined. Wetland E will be delineated as part of the permit submittal process.
B) Wetland buffers according to Auburn City Code 16.10.090.E.1 (City of Auburn, 2009). [RPG previously
enhanced a 35-foot buffer around the on-site portion of Wetland B and of Wetland C. This was approved by the
city and completed prior to the city’s adoption of the CAO, however, it is not anticipated that a greater buffer
standard would now apply. By the table’s listing of the city’s current buffer standards, it appears to suggest that
the city is seeking to apply a revised standard; which is not accurate. ]
C) A 35-foot enhanced buffer has been applied to Wetland B and to Wetland C and previously approved by the City.
The 2004 Draft EIS states that 0.5 acres of wetland area along South 277th Street
(Wetland ditches G, H, I and J) would be filled as a result of roadway widening. This
may no longer be the case if the ditches are not considered wetlands by any agency with
jurisdiction. See Stream Habitat below for a description of impacts to the roadside ditch
along South 277th Street.
The wetland impacts described in the 2004 Final EIS that relate to the extension of 49th
Street NE through the Stein and Port of Seattle properties and the extension of I Street
NE south of Auburn Gateway I remain accurate. Filling of Wetland E is a new impact not
described in the 2004 EIS.
The wetland buffers for Wetlands A and B would be impacted due to the proposed
alignment of I Street NE as described in the 2004 Draft EIS. The buffer areas that would
be impacted are currently a gravel road. The remaining on-site portion of the 50-foot
buffer for Wetland A would be enhanced with native vegetation. In 2005, a 35-foot buffer
for Wetland B was planted with native shrubs and trees (J.S. Jones and Associates, Inc.,
2010). Although Category II wetlands have a minimum 50-foot buffer requirement,
pursuant to ACC 16.10.090(E)(1)(b), the city’s regulations also provide that wetland
buffer widths may be averaged resulting in a reduced by up to 35 percent provided the
buffer is enhanced with native trees and shrubs and the reduction will not adversely
impact the wetland (City of Auburn, 2009).
Wetland C also has an enhanced 35-foot buffer which was planted in 2005 (J.S. Jones
and Associates, Inc., 2010). Auburn City Code now specifies a minimum 25-foot buffer
for Category III wetlands such as Wetland C (City of Auburn, 2009). The off-site
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Wetland D would likely have a minimum 50-foot enhanced buffer as required by the city
code.
Fish Habitat
Impacts on fish habitat would be associated with temporary construction impacts. As
described in the 2004 Draft EIS, erosion of exposed soils during land clearing, grubbing
and grading could occur. Sediment-laden runoff could be transported downstream to the
Green River via roadside ditches and drainages. Although this effect would be minimized
by the use of best management practices, high levels of sedimentation and low
concentrations of dissolved oxygen could alter the respiration of fish, impairing their
growth. However, impacts of this magnitude are not anticipated and wildlife should be
able to recover from any short-term impairment of water quality. The new ESA listings,
including the Puget Sound DPS steelhead, and critical habitat for the Puget Sound ESU
Chinook salmon and Coastal Puget Sound DPS bull trout would be similarly affected.
To ensure compliance with the NMFS Biological Opinion, the applicant would need to
meet FEMA and NMFS requirements for providing adequate protection to endangered
species pursuant to a city floodplain development permit.
Stream Habitat
The South 277th roadside ditch (identified in the 2004 EIS as Wetland ditches H, I and J)
located between D Street NE and the eastern boundaries of the project area would be
relocated south to make room for expanding South 277th Street. Existing vegetation
south of the roadside ditch would be removed. Expansion of the roadway is a planned
improvement by both Auburn and Kent to accommodate background increases in traffic.
The South 277th Street roadside ditch would be restored to the permitted configuration
immediately south of the road right-of-way. A planted buffer with native vegetation
would be installed on the south side of the relocated stream. The buffer width would
depend on WDFW requirements and those of other agencies with jurisdiction.
Construction of road improvements would occur within a six month time frame, during
the late spring, summer and early fall seasons when the stream channel is dry (J.S. Jones
and Associates, Inc., 2010).
Relocation of the South 277th Street roadside ditch and development of Auburn Gateway
I and II would result in an improvement in stream habitat functions which are currently in
poor condition. The width of the buffer on the south side of the roadside ditch would
likely increase from the existing 10-foot buffer. After buffer enhancement invasive plants
would be removed from the roadside ditch buffer during the required 10-year
maintenance period. The storm water system installed for the Auburn Gateway I and II
project would provide some improvements to water quality. One culvert at the
intersection of G Street NE and South 277th Street would be removed. The culvert at the
intersection of I Street NE and South 277th Street would be replaced with a fish passable
culvert as required by WDFW (J.S. Jones and Associates, Inc., 2010).
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The portion of the ditch along South 277th Street between D Street and Auburn Way
North would be piped (identified in the 2004 EIS as Wetland Ditch G). This ditch is
expected to be considered a Water of the U.S by the COE. This section of the ditch
conveys water across the site to the downstream system. Roadway widening would
impact 8,040 square feet of Waters of the U.S. (J.S. Jones and Associates, Inc., 2010).
As stated in the 2004 DEIS, roadside ditches can provide some minimal shelter, food, and
nesting sites. Also, ditches typically are used to a greater extent by birds and mammals
than adjacent agricultural fields. Piping the ditch along South 277th Street between D
Street and Auburn Way North would result in permanent impacts to roadside ditch
habitat. Relocating the South 277th roadside ditch would result in temporary impacts to
roadside ditch habitat during construction.
No permanent impacts to the east side stream (identified in the 2004 EIS as Wetland
Ditch K) are proposed. The east side stream is almost entirely outside of the Auburn
Gateway I and II project and is entirely outside of the footprint of the proposed I Street
extension area. As noted in the 2004 EIS, the extension of 49th Street NE through the
Stein and Port of Seattle properties would impact the stream. Such impacts could impact
fish passage unless designed properly to avoid blocking passage.
Mitigation
The 2004 Draft EIS on pages 143-145 provided a list of mitigation measures to mitigate
impacts both during construction and operation of the planning area. Several mitigation
measures no longer apply since the EIS was prepared. The following provides a list of
new mitigation measures that are recommended for impacts on plants and animals as a
result of the proposed Auburn Gateway I and II development. These mitigation measures
replace the mitigation measures provided in the Draft EIS but are very similar.
This section discusses the general mitigation measures for impacts due to both
construction and long-term operations that apply to development under the Northeast
Auburn/Robertson Properties Special Area Plan, including the Auburn Gateway project.
As noted above, the project must comply with local, state, and federal regulations that
protect wildlife habitat in various ways. This section begins with mitigation required by
law for impacts that may occur as a result of the project. The discussion of regulations
that provide assurance of mitigation is followed by additional recommendations for
mitigation that should be employed by the City and RPG in conjunction with
implementation of the project.
The Federal Clean Water Act (CWA) Section 404 requires mitigation for impacts on
Waters of the U.S. For any impacts anticipated, the design and construction of the
Northeast Auburn/Robertson Properties Special Area Plan project must follow the
mitigation sequence developed by the Corps for waters of the United States:
1. Avoid impacts on wetland, stream, and wildlife habitats and associated species
and their associated species
2. Minimize impacts, if avoidance is not possible
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3. Rectify and restore areas where possible
4. Reduce the adverse impacts by preservation and maintenance operations
5. Provide compensatory mitigation (i.e., replacement of lost wetlands)
6. Monitor the impacts and mitigation and take appropriate corrective measures.
The COE generally requires a 1 to 1.25 replacement of wetlands that are proposed to be
filled and may also allow mitigation through wetland enhancement at a 1:3 ratio.
An Hydraulic Project Approval (HPA) may be required for potential impacts on Auburn
Creek (Stream Number 0056 located along 86th Avenue South), which drains from the
project area to the Green River, and the roadside ditch along the south side of South
277th Street. WDFW typically issues an HPA on the condition that approved mitigation
measures, determined on a case-by-case basis, and best management practices will be
implemented during and after the construction of the project.
Impacts on water quality are regulated by the City’s stormwater regulations, as discussed
in the Water Resources section of the 2004 EIS.
The proposed Auburn Gateway Design Guidelines indicate that native plantings would be
used in wetland buffer areas and around detention facilities (BCRA 2003). The guidelines
also indicate that trees and other landscaping would be used in the parking areas, around
loading areas and in building setbacks, and along public roadways within the Auburn
Gateway project area.
The following mitigation measures are recommended for impacts on plants and animals:
• Prepare a wetland mitigation plan meeting applicable requirements for mitigating
potential impacts. The plan should:
o Coordinate wetland mitigation conservation requirements of the various
agencies with regulatory authority.
o Coordinate wetland mitigation conservation with phasing of earthwork and
construction to avoid/reduce reoccurrence of disturbance or impacts.
o Include information on measures to be employed to avoid impacts on wetland
hydrology, as discussed in the Water Resources section of the 2004 Draft EIS.
o Stipulate mitigation measures for wetlands affected by 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.
o Provide buffers of at least 75 feet standard width for all emergent wetlands
(except the wetland ditches along South 277th Street), and buffers of 100 feet
average for all forested scrub-shrub wetlands. Buffer averaging could be
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allowed provided that the minimum buffer is no less than 65 percent (a 35
percent reduction) of the specified buffer width.
o 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 completed.
o Minimize the clearing of native vegetation and protect remaining onsite
vegetation from damage during construction.
o Identify the construction boundaries and methods to be employed after
completion of project to avoid encroachment on adjacent habitat areas.
o 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/spawning, and migration) for species of concern listed as
present or potentially present in the planning area.
o Provide a stormwater pollution prevention plan (SWPPP) that will prevent or
minimize sedimentation and potential hazardous spills that could affect both
the onsite and offsite water bodies.
o Minimize night lighting near wetlands during construction.
o Identify locations and types of night lighting to be used for development that
minimizes light impacts on wetland habitats and buffers.
o 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 to
guarantee monitoring, maintenance and contingency measures.
o Wetland monitoring should continue annually for a minimum of 5 years after
the project is completed, and should include observations and reporting of
native vegetation and hydrologic conditions that may be adversely affected by
fill adjacent to wetland areas.
o Replace the culvert at the intersection of I Street NE and South 277th Street
with a fish passable culvert.
• Using innovative designs, 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 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.
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• Revegetate portions of the project area that are disturbed only for construction
purposes (e.g., areas surrounding buildings or 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.
A number of conservation measures are recommended to avoid or minimize potential
impacts to streams (including South 277th Street roadside ditch) during construction.
• There should be no loss of stream length as a result of relocating the existing
stream channel.
• In-water construction activities will be regulated by the HPA issued 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. 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.
• 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 stream.
• To minimize the effect of dewatering the work area on fish species, the HPA for
this project will require that the project proponent capture and safely remove fish
and other aquatic life from the portion of stream to be abandoned. Captured fish
are required to be immediately and safely transferred to free-flowing water
downstream of the bypass following methods outlined in the anticipated HPA for
this project.
• 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.
• 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.
• Construction areas and limits of work should be clearly identified in the field and
on plans to minimize habitat disruption.
• A temporary erosion and sediment control (TESC) plan and site-specific BMPs
should be implemented as directed by the project engineer in accordance with the
City’s standard specifications for erosion control and standard HPA provisions.
Site-specific BMPs will include at a minimum:
o Washout of construction vehicles, vehicle maintenance, and refueling should
be prohibited within 100 feet of the top-of-bank of the stream; and
o Construction equipment should be outfitted with emergency spill kits and
construction crews should be trained in their proper use.
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• All disturbed areas should be stabilized to prevent erosion within seven days of
the completion of the project.
• Where possible, native vegetation removed during construction should be
replaced with native tree and shrub species following construction. These actions
will increase the water quality, hydrologic, and habitat features associated with
these areas.
• Stream buffers should be established and planted with a mixture of native tree and
shrub species. Establish a protocol for stream mitigation monitoring to ensure
that stream mitigation and newly planted buffers are thriving after the installation
of the plantings is completed. Provide financial security to guarantee monitoring,
maintenance and contingency measures.
• In stream habitat features such as large woody debris (LWD) and boulders, should
be incorporated into final design to increase habitat complexity and provide cover
for fish species. The performance of habitat features should be monitored and
reported.
• Relocated stream reaches should include fine grading necessary to establish
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.
• The relocated portion of streambed should allow for placement of spawning sized
gravel at a minimum depth of six inches.
• The culvert at the intersection of I Street NE and South 277th Street would be
replaced with a fish passable culvert (J.S. Jones and Associates, Inc., 2010).
• To ensure compliance with the NMFS Biological Opinion, the applicant would
need to meet FEMA and NMFS requirements for providing adequate protection to
endangered species pursuant to a city floodplain development permit for an
alteration within regulatory floodplain.
Significant Unavoidable Adverse Impacts
In addition to the impacts described in the 2004 Draft EIS, Auburn Gateway II would
result in minor loss of wetland functions that would be replaced by mitigation meeting
federal, state and local requirements. Although some fragmentation of wetland habitat is
unavoidable with filling of the wetlands, the wetland habitat functions on the Auburn
Gateway II site are minimal and can be replaced through mitigation measures. As such,
no significant impacts to wetland functions are expected.
Impacts on ESA listed species and habitats could occur during construction are not likely.
If at any time they become more likely, such as if flooding brings fish onto the site, the
impacts could be minimized by employing conservation measures established through
meeting FEMA and NMFS requirements for providing adequate protection to endangered
species. With appropriate measures, no significant impacts are expected.
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Transportation
The analysis below is summarized from Auburn Gateway Transportation Impact Analysis
(TIA) prepared by Transportation Solutions, Inc, in August 2011. The TIA is attached to
this addendum and hereby incorporated into the EIS. The traffic analysis focuses on the
applicant’s preferred land use of Alternative 2 (evaluated in the 2004 EIS as 720,000
square feet of retail development) modified to include Auburn Gateway II and to evaluate
an optional roadway layout as described in the preceding Project Background.
While the all retail alternative is expected to be the most likely use for the site, in order to
maintain the applicant’s development flexibility the worst case development condition for
traffic under any of the development alternatives is also studied. Of the three alternative
land use options evaluated in the 2004 EIS, the Office/Retail Option (Alternative 1) was
found to be the most intensive from a transportation perspective. The Office/Retail
Option includes 1,600,000 square feet of office with 200,000 square feet of retail
development. Thus, both land use alternatives are considered.
Because the trip generation of Alternative 3 evaluated in the 2004 EIS (the Residential/
Retail Option) would be less than either Alternative 1 and Alternative 2, it was not re-
analyzed for this addendum. The Residential/ Retail Option would have characteristics
that are similar to but proportionately less than either of the land use options examined in
this addendum with the added land assemblage.
The transportation impact analysis for this addendum also assumed development of the
site would occur in two phases, with the North Phase located north of 49th Street NE and
the South Phase located south of 49th Street NE. Because office development would
likely include various density levels, it was assumed that 60% of the Full-build
Office/Retail Option could occur on either the north portion of the site or the south
portion of the site depending on possible development conditions at the time. Therefore
the trip generation within a single phase was never assumed to exceed 60 percent of the
cumulative trip generation predicted for the entire project. Accordingly, the following
development conditions were evaluated:
Retail Only option
• South Phase (approximately 236,000 square feet retail space) first;
• North Phase (approximately 484,000 square feet retail space) first;
• North and South Phases together (720,000 square feet retail space); and
Office Retail Option
• South Phase with 60% of the office/retail development first; (60% of trip
generation)
• North Phase with 60% of the office/retail development first; (60% of trip
generation)
• Full development with 60% of the office/retail in the southerly portion of the
property; (60% of trip generation)
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• Full development with 60% of the office/retail in the northerly portion of the
property; (60% of trip generation)
Affected Environment
Consistent with the 2004 EIS, development related traffic impacts were evaluated under
year 2020 traffic conditions. Year 2020 traffic forecasts without the development were
refined to reflect actual traffic patterns and recent historical growth trends. Based on this
approach, corridor volumes in 2020 were found to be very similar to those forecast in the
2004 EIS. Directional road segment and intersection turning movement volumes in this
current analysis differed somewhat from the 2004 EIS but more realistically reflect land
use patterns. Background levels of service were found to be improved in this analysis as
compared with the 2004 EIS analysis due to the use of refined directional split and
turning movement allocations from traffic modeling refinements.
One change in the study area that has occurred since the EIS is the Trail Run residential
subdivision and planned unit development (PUD) (also formerly known as River Sands)
east of the project area, including opening of L Street NE to provide access to that site
onto South 277th Street. In the EIS, access to Trail Run was expected to be via a
roadway that would have right-in/right-out only access to South 277th Street, and that
49th Street NE would be extended as a two-lane local road east of I Street NE to connect
and serve the Trail Run development. On an interim basis, a temporary signal was
installed at L Street NE and South 277th ST and monies were collected by the City for the
future extension of 49th Street NE east of I Street NE and for I ST NE to serve the Trail
Run development and to facilitate the relocation of the temporary signal to the future
intersection of I Street NE and South 277th ST. New in this analysis is an assessment of
conditions with and without the 49th Street NE extension east of I Street NE to Trail Run
and this analysis considers more than one traffic signal on South 277th ST to evaluate
transportation options.
Impacts
Under this traffic analysis, Auburn Gateway is proposed to be a retail commercial mixed
use development that could be developed in two phases – one south of 49th Street NE and
one north of 49th Street NE or all together. The zoning established for the Auburn
Gateway properties would allow for a mix of residential, office and other retail uses.
Adjacent property (Auburn Gateway II) has been added to the original project but the
developable floor area maximums remain the same as evaluated in the 2004 EIS. The
sequence of development is currently unknown so the combinations of the two-phase
development were analyzed.
Roads adjacent to each development phase are planned to be constructed concurrently so
they would be in place when that phase of development is occupied. For a complete
description of the assumed roadways and turning movements assumed, see the TIA
(2011). The only proposed changes in the road network from the 2004 EIS are at D Street
NE north of 49th Street NE and 49th Street NE east of I Street NE being reviewed as a
stub end road. D Street NE is proposed to be vacated (subject to a future city council
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decision) and become an internal circulation aisle in the parking lot of the project.
Consistent with the 2004 EIS, D Street NE at Auburn Way North would be closed with a
cul-de-sac. As discussed above, the analysis also looked at conditions with and without
the 49th Street NE connector, east of I Street NE.
The roadway improvements that were assumed would be developed include the
following:
• Widen S 277th Street from 3 lanes to 5 lanes east of Auburn Way N to L Street
NE. At the intersection with I Street NE there is likely the need for a 6 to 7 lane
wide section including a dual westbound left turn lane. The majority of widening
would occur on the south side of the road.
• At S 277th Street/ Auburn Way N:
o Eastbound: add one through lane and a right-turn lane
o Westbound: add one through lane and a right-turn lane
o Northbound: add a northbound to eastbound ‘add lane’
• Extend I Street NE from 45th Street NE to S 277th Street. I Street NE will be a 5
lane cross-section with the possibility of an additional northbound right turn lane
(Construct the north sections during North Phase and Full-Build development
conditions)
• Construct S 277th Street/ I Street NE intersection with a traffic signal (during
North Phase and Full-Build development conditions):
o Eastbound: 3 through lanes and 1 right-turn lane
o Westbound: 2 through lanes and 2 left-turn lanes
o Northbound: 1 left-turn lane, one right/left shared turn lane and one exclusive
right turn lane
• Widen 49th Street NE east of Auburn Way N to I Street NE with a 3-lane minor
arterial standard.
• Install a new traffic signal at 49th Street NE/ Auburn Way North to include left-
turn pockets on 49th Street NE.
• Construct a traffic signal at the South Phase access off Auburn Way N. The new
signal would include separate right-turn and left-turn approaches from the
development site. (During the South Phase development condition or at Full-
Build development conditions when conditions warrant).
• Close and cul-de-sac the intersection of D Street NE at Auburn Way N
• Construct a traffic signal at I Street NE and 49th Street NE when warranted
• Construct a traffic signal at 45th Street NE and Auburn Way North when
warranted
• Construct a traffic signal at I Street NE and 45th Street NE when warranted
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All road improvements would include curb, gutter, sidewalks, street lighting, landscaping
and storm drainage provisions except for S 277th Street which would include an all-
weather path integrated in the landscape site frontage buffer area. In addition to
completing road and utility improvements to adjacent roadways under the City’s half-
street regulations, Robertson Properties Group proposes to work with the City through a
Development Agreement to construct several major road improvements in the immediate
vicinity of the development. The Development Agreement states that some road and
utility improvements may be eligible for financial assistance from the City for traffic
impact fee credits, mitigation fees collected for other developments in the area and
payback mechanisms. See the Transportation Mitigation section for a table regarding
roadway improvements and phasing.
Trip generation was forecast used the same methodology as used in the 2004 EIS. The
PM peak hour trip generation is therefore forecast to be 2,419 PM peak hour trips for
Alternative 1 and 1,803 PM peak hour trips Alternative 2. For this analysis, the driveway
or primary trips include diverted-link trips.
Thus, for the phasing options analyzed, the level of service will remain at or under the
levels forecasted for Full-build for either the Retail Only or Office/Retail Options.
These development-generated trips were assigned to the road network for each phase and
for full development. Refinements to road channelization were developed and level of
service was computed. To evaluate the effect of development phasing, LOS tables of the
various phasing options for each alternative were prepared. Under either land use
alternative, the LOS associated with any of the phases would be better than the LOS with
Full-build development. Levels of service with each phase of development were
generally found to operate equal to or better than the level of service disclosed in the
2004 EIS. A comprehensive LOS summary under each of the various conditions
analyzed is presented in Tables 9 and 10.
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Table 9. 2020 Office/Retail; PM Peak Hour Level of Service
Intersection No-Build 2004 EIS Full Build South Phase North Phase
Control LOS Delay Control LOS Delay Control LOS Delay Control LOS Delay
277th
St/AWN
S E 76.0 S F 84.6 S E 63.4 S E 58.9
277th St/D St U F 533.3 U E 39.3 U C 18.1 U C 15.5
277th St/I St S E 73.4 S B 15.7
277th St/L St S A 4.3 S A 6.1 U B 10.1
49th St/AWN U E 30.3 S C 20.6 S B 19.6 S B 13.0
49th St/D St U B 14.4 U B 13.3 U B 11.6
49th St/I St S D 36.6 S C 30.4
Access/AWN S B 12.5 U D 31.3
45th St/AWN U D 24.4 S B 19.0 U D 29.1 U C 22.4
45th St/I St S B 13.7 U B 11.9
Intersection
Full-Build (South 1st) Full-Build (North 1st) Full-Build (South 1st)
45th/AWN Signal
Full-Build (North 1st)
45th/AWN Signal
Control LOS Delay Control LOS Delay Control LOS Delay Control LOS Delay
277th
St/AWN
S E 63.6 S E 63.7 S E 63.2 S E 63.9
277th St/D St U C 16.9 U C 16.9 U C 16.9 U C 16.9
277th St/I St S C 22.1 S C 23.7 S C 22.2 S C 23.1
277th St/L St U B 10.7 U B 10.7 U B 10.7 U B 10.7
49th St/AWN S B 18.4 S B 18.6 S B 12.6 S B 13.6
49th St/D St U B 13.7 U B 14.1 U B 12.0 U B 14.1
49th St/I St S
R
C
C
27.6
24.0
S
R
C
C
27.8
18.4
S
R
C
C
27.7
24.0
S
R
C
C
29.6
18.4
Access/AWN U D 31.0 U D 26.0 U B 10.3 U A 9.9
45th St/AWN U D 25.2 U C 25.0 S B 11.9 S A 7.8
45th St/I St U B 13.7 U B 13.7 U C 15.3 U C 15.4
Intersection
Full-Build (South 1st)
I St & L St Signals
Full-Build (North 1st)
I St & L St Signals
Control LOS Delay Control LOS Delay
277th
St/AWN
S E 64.0 S E 64.0
277th St/D St U C 16.9 U C 16.9
277th St/I St S C 20.8 S C 21.8
277th St/L St S A 3.4 S A 2.9
49th St/AWN S B 18.3 S B 18.4
49th St/D St U B 13.7 U B 14.0
49th St/I St S
R
B
C
13.2
21.8
S
R
B
C
13.0
21.8
Access/AWN U D 31.0 U D 26.0
45th St/AWN U D 25.2 U C 24.7
45th St/I St U B 13.7 U B 13.7
Control = Intersection control (U = unsignalized; S = signal; R = roundabout)
Delay = expressed in seconds of control delay
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Table 10. 2020 Retail Only; PM Peak Hour Level of Service
Intersection No-Build 2004 EIS Full-Build South Phase North Phase
Control LOS Delay Control LOS Delay Control LOS Delay Control LOS Delay
277th St/AWN S E 76.0 S E 76.9 S D 53.4 S E 61.2
277th St/D St U F 533.3 U E 41.6 U B 12.5 U B 14.9
277th St/I St S E 62.7 S B 14.6
277th St/L St S A 4.3 S A 5.2 U A 9.8
49th St/AWN U E 30.3 S B 19.1 S B 15.0 S B 11.0
49th St/D St U B 12.7 U B 10.5 U B 12.0
49th St/I St S B 15.6 S C 27.9
Access/AWN
45th St/AWN S B 11.6 U C 29.8
45th St/I St U D 24.4 S B 18.4 U D 26.2 U C 23.0
Intersection
Full-Build Full-Build
45th/AWN Signal
Full-Build
I St & L St Signals
Control LOS Delay Control LOS Delay Control LOS Delay
277th St/AWN S E 64.9 S E 64.3 S E 65.5
277th St/D St U C 15.6 U C 15.6 U C 15.6
277th St/I St S B 17.7 S B 19.5 S B 18.4
277th St/L St U B 10.1 U B 10.2 S A 3.9
49th St/AWN S B 16.6 S B 12.4 S B 17.1
49th St/D St U B 14.4 U B 12.9 U B 14.3
49th St/I St S
R
C
B
29.1
10.5
S
R
C
B
27.4
10.5
S
R
A
A
8.5
10.0
Access/AWN U C 23.5 U A 9.5 U C 23.5
45th St/AWN U C 24.9 S A 8.7 U C 24.9
45th St/I St U B 11.8 U B 14.4 U B 11.9
Control = Intersection control (U = unsignalized; S = signal; R = roundabout)
Delay = expressed in seconds of control delay
A queuing analysis was performed to analyze stacking, or queuing, between signalized
intersections. This analysis forecasts no intersection queuing issues that cannot be
mitigated.
The TIA evaluated traffic operations if the South Phase site access were signalized at
Auburn Way North. Under this condition 45th and 49th Streets NE would also be
signalized. Overall study intersection operations with a signal at the South Phase site
access were projected to be similar to those under the other Full-Build conditions without
the South Phase site access signalized. Vehicle queues are not projected to extend to
adjacent intersections, suggesting that the presence of three new signals on Auburn Way
North at 49th Street NE, the South Phase site access, and 45th Street NE could operate
sufficiently, when warranted by the prevailing traffic volumes. In other words, queues on
Auburn Way North would not interfere with traffic operations at the next adjacent
signalized intersection.
The TIA analyzed the S 277th Street/ I Street NE intersection if the intersection were not
improved to a “flying T”. Intersection channelization is as follows: 3 eastbound through
lanes, 1 eastbound right-turn lane, 2 westbound left-turn lanes, 2 westbound through
lanes, 1 dedicated northbound left-turn lane, 1 dedicated northbound right-turn lane, and
1 shared northbound left-turn-right-turn lane. The westbound through movement would
be signal controlled instead of free flowing. This intersection scenario may be warranted
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if the “flying T” proposal is not feasible. Intersection level of service would acceptable if
the 227th Street/ I Street NE intersection is a standard intersection. Level of service is
similar and comparable to conditions if the intersection were a “Flying T”. Westbound
queues increase from “Flying T” conditions, but are not anticipated to spillback to L
Street. Northbound queues would increase up to 50% of the segment length on I Street
NE between S 277th Street and 49th Street NE. Signal timing may need to be adjusted and
storage capacities for the northbound approach will need to be amended if the standard
intersection approach is selected verses the “Flying T”.
The analysis found that two signals on South 277th Street (at I Street NE and at L Street
NE) can generally operate safely and effectively with or without the two-lane 49th Street
NE connector that was originally envisioned to connect the Auburn Gateway with Trail
Run development. This was true of both the Retail Only and the Office/Retail options at
full buildout.
The traffic report also examined the impacts of allowing the applicant to construct a
signal at the SW access drive at Auburn Way North. The analysis shows with the signal
at the SW access, northbound vehicles on Auburn Way North would be delayed by
approximately 12 seconds compared to conditions without a signal. Without a signal, the
driveway could have safety issues similar to those that currently exist at the intersection
of D Street NE and Auburn Way N.
Mitigation
Traffic related mitigation recommended for the project is substantially the same as that
described in the EIS, with some refinements and minor changes based on a more refined
development program, project phasing, and traffic forecasts.
The City of Auburn has three programmed improvement projects: I Street NE Corridor
between 40th Street NE and S 277th Street; S 277th Street between Auburn Way N and
Green River; and 49th Street NE between Auburn Way N and M Street NE. All three
improvement projects are triggered by the development of Auburn Gateway although
other, non-Auburn Gateway traffic will use these facilities to avoid congestion on
existing roads.
All intersections would operate at or better than the levels forecast in the 2004 EIS. All
intersections except for Auburn Way North/ S 277th Street (South Phase Office/ Retail
Option only) are forecast operate at or above the City’s adopted LOS Standard (LOS D or
better) under each phase or full-build-out development condition. Possible mitigation of
this below standard condition can be met by constructing I Street NE as part of the South
Phase Office Option, reduce the size or revise the sequence of development phasing of
the South Phase Office/Retail Option, or employ a Transportation Management Program
(TMP) to reduce trip making.
This section outlines the roadway and intersection improvements incorporated into the
traffic model(s) used to evaluate the development. Unless otherwise noted below, the
following roadway improvements listed below were incorporated in the area-wide
alternatives:
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• Widen S 277th Street from 3 lanes to 5 lanes east of Auburn Way N to L Street
NE. At the intersection with I Street NE there is likely the need for a 6 to 7 lane
wide section including a dual westbound left turn lane. The majority of widening
would occur on the south side of the road.
• At S 277th Street/ Auburn Way N:
o Eastbound: add one through lane and a right-turn lane
o Westbound: add one through lane and a right-turn lane
o Northbound: add a northbound to eastbound ‘add lane’
• Extend I Street NE from 45th Street NE to S 277th Street. I Street NE will be a 5
lane cross-section With the possibility of an additional northbound right turn lane
(Construct the north sections during North Phase and Full-Build development
conditions)
• Construct S 277th Street/ I Street NE intersection with a traffic signal (during
North Phase and Full-Build development conditions):
o Eastbound: 3 through lanes and 1 right-turn lane
o Westbound: 2 through lanes and 2 left-turn lanes
o Northbound: 1 left-turn lane, one right/left shared turn lane and one exclusive
right turn lane
• Widen 49th Street NE east of Auburn Way N to I Street NE with a 3-lane minor
arterial standard.
• Install a new traffic signal at 49th Street NE/ Auburn Way North to include left-
turn pockets on 49th Street NE.
• Construct a traffic signal at the South Phase access off Auburn Way N. The new
signal would include separate right-turn and left-turn approaches from the
development site. (During the South Phase development condition or at Full-
Build development conditions when conditions warrant).
• Close and cul-de-sac the intersection of D Street NE at Auburn Way N
• Construct a traffic signal at I Street NE and 49th Street NE when warranted
• Construct a traffic signal at 45th Street NE and Auburn Way North when
warranted
• Construct a traffic signal at I Street NE and 45th Street NE when warranted
All road improvements would include curb, gutter, sidewalks, and landscaping except for
S 277th Street that would include an all-weather path integrated in the landscape site
frontage buffer area. These and other offsite improvements for both of the land use
options are summarized in Table 12 below. This table compares all mitigation found in
the 2004 EIS with the mitigation required for the current proposals. The mitigation does
not change from the 2004 EIS except for the following:
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• D Street between 49th Street and S 277th Street is proposed to be vacated since
RPG owns most of the properties on both sides of the street; this corridor can
better serve as an internal circulation aisle; and this street will no longer be a
through street to the south where a cul-de-sac is proposed to eliminate an existing
safety problem. RPG will work with others along the frontage to provide access
via a private easement.
• I Street NE will be phased so the north portion of the road (49th Street NE to S
277th Street) will only be constructed with the North Phase of site development.
With these and other area wide improvements all intersections operate at or better than
the levels forecast in the 2004 EIS. All intersections except for Auburn Way North/ S
277th Street (South Phase Office/ Retail Option only) are forecast operate at or above the
City’s adopted LOS Standard (LOS D or better) under each phase or full-build-out
development condition. Possible mitigation of this below standard condition can be met
by constructing I Street as part of the South Phase Office Option, reduce the size or revise
the sequence of development phasing of the South Phase Office/Retail Option, or employ
a Transportation Demand Management Program (TDMP) to reduce trip making. In the
event one or a combination of these options is not determined to be viable, the city has
the authority to designate an intersections as categorically exempt from the level of
service standard if the intersection has been expanded to the practical maximum that the
benefits of increasing capacity are offset by other economic, environmental and/or public
safety considerations.
Similar to the 2004 FEIS, Table 11 also shows the percentage of development –generated
trips at full development for the Retail and Office/Retail Options. However, note that in
some cases percentages of project generated trips are not directly applicable to
determining proportionate share of a project. In the case of the Site Access Signal, for
example, the need for the signal would not exist had it not been for the development’s
desire to have a signalized access. The signal serves no purpose on Auburn Way North
otherwise and actually impedes regional traffic flow on Auburn Way North The
methodology for estimating the development related portion of traffic volume associated
with the Retail Only and Office/Retail Options is simply the ratio of the net new
development-generated volumes (at full development) divided by the total 2020 volumes
with full development. A more detailed description of the derivation and data sources for
the ‘Development Trip Portion’ is provided in the TIA, Appendix D.
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Table 11. Road Mitigation Summary
Location 2004 EIS
EIS Addendum 2020 Volumes PM Peak Hour
Retail Only Option Office/Retail Option
No-Build,
Full road
Network1
Retail Only
Option
(Office/Retail
Option) 2
Development
Trip Portion
On Site or Adjacent to the Site
I Street NE (S 277th to 49th Street NE) –
5 lane minor arterial w/auxiliary right-
turn lanes
Concurrent with Robertson
Development
Concurrent with North Phase or
Full-build Development
Concurrent with North Phase or
Full-build Development
687 1,398
(1,670)
51%
(59%)
I Street NE (49th Street NE to 45th
Street NE) – 5 lane minor arterial
w/auxiliary right-turn lanes
Concurrent with Robertson
Development
Concurrent with South Phase or
Full-build Development
Concurrent with South Phase or
Full-build Development
599 1,087
(1,290)
45%
(54%)
49th Street NE (I Street NE to Auburn
Way N) – 3 lane minor arterial
Concurrent with Robertson
Development
Concurrent with Initial Phase of
Development
Concurrent with Initial Phase of
Development
189 562
(682)
66%
(72%)
S 277th Street (W boundary to E
boundary) – 5 lane major arterial
w/auxiliary right-turn lanes
Concurrent with Robertson
Development
Concurrent with North Phase or
Full-build Development
Concurrent with North Phase or
Full-build Development
3,324 3,798
(3,960)
12%
(16%)
S 277th Street (Auburn Way North to D
Street) – widen to a 5 lane cross-section
None Concurrent with South Phase or
Full-build Development
Concurrent with South Phase or
Full-build Development
3,324 3,798
(3,960)
12%
(16%)
S 277th Street (D Street to L D Street) –
widen to a 4 lane cross-section
None Concurrent with South Phase or
Full-build Development
Concurrent with South Phase or
Full-build Development
3,324 3,798
(3,960)
12%
(16%)
I Street NE at S 277th Street – Signalize
w/dual westbound left-turn lane
Concurrent with Robertson
Development
Concurrent with North Phase or
Full-build Development
Concurrent with North Phase or
Full-build Development
3,746 4,672
(4,964)
20%
(25%)
I Street NE at 49th Street NE –
(Roundabout or Signal)
Concurrent with Robertson
Development (when warrants
are met)
Roundabout with initial phase or
signalization concurrent with Full
Development (when warrants are
met)
Roundabout with initial phase or
signalization concurrent with Full
Development (when warrants are
met)
710 1,403
(1,759)
49%
(60%)
49th Street NE at Auburn Way N –
Signalize
Concurrent with Robertson
Development
Concurrent with Initial Phase of
Development
Concurrent with Initial Phase of
Development
2,473 2,884
(2,952)
14%
(16%)
D Street 49th Street NE to S 277th Street
– Three lane minor arterial
Concurrent with Robertson
Development
Vacate Street concurrent with site
development
Vacate Street concurrent with site
development
177 302
(292)
41
(39%)
D Street 49th Street NE to Auburn Way
North – 3 lane minor arterial
Nothing Cul-de-sac southerly terminus at
Auburn Way North Concurrent
with initial phase of Development
Cul-de-sac southerly terminus at
Auburn Way North Concurrent
with initial phase of Development
32 86
(66)
63%
(51%)
Site Access at Auburn Way N – Signal
3
If warranted When warranted after the 45th
Street NE/ Auburn Way North
signal is warranted
When warranted after the 45th
Street NE/ Auburn Way North
signal is warranted
2,386 2,836
(2,985)
16%
(20%)
1. No-Build Full Network Volumes represent the future without development conditions with the future road network complete (i.e. I Street NE extended between S 277th Street and 45th Street NE)
2. Retail (Office) represents the 2020 Full Build Retail Only and Office/Retail Volumes with a Signal at 45th Street NE/ Auburn Way NE conditions
3. This improvement includes 2020 Full Build Volumes with a signal at the South Phase site access
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Table 11. Road Mitigation Summary (Continued)
Location 2004 EIS
EIS Addendum 2020 Volumes PM Peak Hour
Retail Only Option Office/Retail Option
No-Build
Full Street
Network 1
Retail Only
Option
(Office/Retail
Option) 2
Development
Trip Portion
Off Site
Auburn Way N / S 277th Street (City of
Auburn) - Add westbound right-turn
lane
Include in plans for widening
S 277th Street between Auburn
Way N and Green River.
Concurrent with S 277th Street
improvements under the North
Phase and Full-Build conditions.
Will likely require additional right
of way.
Concurrent with S 277th Street
improvements under the North
Phase and Full-Build conditions.
Will likely require additional right
of way.
5,409 5,988
(6,195)
10%
(13%)
Auburn Way N / 37th Street NE (City
of Auburn) – Add southbound right-
turn lane or eastbound right-turn lane
Construct improvement. Contribute proportionate share
when City includes it on its TIP
and acquires right of way
Contribute proportionate share
when City includes it on its TIP
and acquires right of way
3,890 4,111
(4,226)
5%
(8%)
Harvey Road NE / Eighth Street NE
(City of Auburn) – Widen southeast-
bound Harvey Road NE to two lanes.
Include in City plans for
widening Harvey Road NE.
Included in City plans for
widening Harvey Road NE. Share
paid through Traffic Impact Fees.
Included in City plans for
widening Harvey Road NE. Share
paid through Traffic Impact Fees.
5,036 5,137
(5,217)
2%
(3%)
Central Avenue / S 259th Street (City of
Kent) – Add northbound right-turn lane
Contribute proportional share. Contribute proportionate share
when City includes it on its TIP
and acquires right of way
Contribute proportionate share
when City includes it on its TIP
and acquires right of way
4,279 4,442
(4,527)
4%
(5%)
S 277th Street / 55th Ave S (City of
Kent/King County) – Change
westbound S 277th Street to a dual left-
turn lane and one through lane. Widen
55th Street with dual left turns.
Contribute proportional share. Contribute proportionate share
when City includes project on its
TIP and acquires right of way
Contribute proportionate share
when City includes project on its
TIP and acquires right of way
2,895 2,995
(3,049)
3%
(5%)
S 272nd Street / Military Road (City of
Kent/King County) – Change north-
south split signal phasing to
conventional signal phasing.
Change should be included in
King County and City of Kent
plans for intersection
improvements.
Change should be included in
King County and City of Kent
plans for intersection
improvements.
Change should be included in
King County and City of Kent
plans for intersection
improvements.
4,028 4,079
(4,111)
1%
(2%)
SE 304th Street / 112th Avenue SE City
of Auburn – Signalize and widen
intersection to provide left-turn lanes.
Contribute proportional share. Contribute proportionate share
when City adds project on its TIP
and acquires right of way
Contribute proportionate share
when City adds project on its TIP
and acquires right of way
1559 1,678
(1,721)
7%
(9%)
45th Street NE at Auburn Way North –
Signalize when warranted
Construct when warranted Construct when warranted Construct when warranted 2,475 2,837
(2,924)
13%
(15%)
45th Street NE at I Street NE –
Signalize when warranted
Construct when warranted Construct when warranted Construct when warranted 626 1,188
(1,423)
47%
(56%)
1. No-Build Full Network Volumes represent the future without development conditions with the future road network complete (i.e. I Street NE extended between S 277th Street and 45th Street NE)
2. Retail (Office) represents the 2020 Full Build Retail Only and Office/Retail Volumes with a Signal at 45th Street NE/ Auburn Way NE conditions
1.
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Significant Unavoidable Adverse Impacts
The revised road layout and the addition of Auburn Gateway II area would not result in
significant unavoidable adverse impacts. Traffic impacts are expected to be equivalent to
or less than what was described in the 2004 Draft EIS in most cases, and in no case are
the increased impacts considered significant.
As described in the 2004 Draft EIS, all of the development alternatives would result in
additional traffic at several intersections that would operate at LOS F in the future. The
DEIS and this addendum did not identify mitigation for three intersections at which the
project would cause an increase in delay: South 277th Street/West Valley Highway,
Central Avenue/Willis Street, and 116th Avenue SE/Kent-Kangley Road. These three
intersections would operate at LOS F regardless of whether the proposed project is
developed.
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Environmental Elements not Analyzed
The following briefly discusses the reasons that additional analysis was not performed for
other elements of the environment discussed in the EIS.
Geology/Soils
No change is expected for impacts related to geology and soils due to the development of
Auburn Gateway II. There is no topographic break or obvious change in vegetation that
would suggest a change in soils between Auburn Gateway I and Auburn Gateway II
project areas.
Air Quality
No change is expected for impacts related to air quality due to the development of
Auburn Gateway II. The analysis in the 2004 Draft EIS to determine maximum peak hour
carbon monoxide concentrations by examining intersections that would be most affected
by the project is still relevant. The development of Auburn Gateway II would not result in
an increase in project-related trips because the same amount of retail and office square
footage and residential units is proposed for the project as that evaluated in the 2004 EIS.
There would be some changes in traffic circulation related to D Street NE and 49th Street
NE. The change in traffic circulation is expected to reduce the volume of traffic at South
277th Street and Auburn Way North during the PM peak hour under Alternative 2, an
intersection studied in the 2004 EIS for carbon monoxide concentrations. This change is a
result of background traffic diverting to internal streets such as 49th Street NE and I
Street NE. Under Alternative 2, traffic volumes are expected to be distributed over more
intersections, reducing delay at Auburn Way North and South 277th Street and slightly
increasing delay at minor intersections like 49th Street NE and Auburn Way North
(Transportation Solutions, Inc., 2010). Less delay at the Auburn Way North and South
277th Street would likely result in less carbon monoxide concentrations during PM peak
hour than shown in the 2004 EIS under Alternative 2.
Noise
No change is expected for impacts related to noise due to the development of Auburn
Gateway II. Temporary construction noise associated with Auburn Gateway II would be
more noticeable to noise-sensitive receivers along D Street NE. Operational noise from
project-related traffic is not expected to noticeably change from what was described in
the 2004 EIS. This is because development of Auburn Gateway II would not result in an
increase in project-related trips since the same amount of retail and office square footage
and residential units is proposed for the project as evaluated in the 2004 EIS. There
would be some changes in traffic circulation related to D Street NE and 49th Street NE.
The change in traffic circulation is not expected to increase impacts to noise sensitive
receivers. Of the four noise study focus areas studied in the 2004 EIS, only residences
along D Street NE would find project-related traffic to have noticeably increased noise
levels. The proposed change in traffic circulation would not increase traffic volume along
D Street any further than what was evaluated in the 2004 EIS.
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Hazardous Materials
No change is expected for impacts related to hazardous materials due to the development
of Auburn Gateway II. A Phase I Site Assessment was conducted by Landau Associates,
Inc. in 2007 to assess and document environmental conditions that may pose a potential
liability to a prospective purchaser in the Auburn Gateway II project site area. The
assessment revealed no evidence of recognized environmental conditions, as defined by
American Society for Testing and Materials, in connection with the subject property.
Recognized environmental conditions are defined as the presence or likely presence of
any hazardous substances or petroleum products under conditions that indicate an
existing release, a past release, or a material threat of a release of any hazardous
substances or petroleum products into structures on the subject property or into the
ground, groundwater, or surface water of the subject property. (Landau Associates, Inc.,
2007).
Cultural and Historic Resources
No change is expected for impacts related to cultural and historic resources due to the
development of Auburn Gateway II. The 2004 Draft EIS evaluated the planning area
which includes the Auburn Gateway II site and the Auburn Gateway I site for the
potential of discovering cultural and historic resources. The 2004 Draft EIS indicated that
within the planning area, there is a high probability of hunter-fisher-gatherer,
ethnographic period and historic Indian, and historic period archaeological resources. The
probability estimates for the Auburn Gateway project area and the planning area were
based on the availability of the Duwamish River – Green River floodplain for hunter-
fisher-gatherer use, soils data that indicate old channels and low terrace deposits,
prehistoric and historic period land use in similar environmental settings, and
documented ethnographic and historic period land use in these two areas.
Land Use
No change is expected for impacts related to land uses due to the development of Auburn
Gateway II if the same comprehensive plan and C4, Mixed Use Commercial zoning
designations apply. Auburn Gateway II would be developed with retail, office and/or
residential units, parking lots, and stormwater facilities similar to Auburn Gateway I. The
same amount of retail, office, and/or residential development that was evaluated in the
2004 Draft EIS would be constructed but the development would be spread out into a
larger geographic area. The private residences and commercial facility located south of
the Auburn Gateway II project site would be affected by the change from a low-intensity
setting with relatively quiet surroundings to commercial, office and/or residential
activities, but the nature of the impact would be similar to those evaluated in the 2004
EIS.
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