9900 19TH AVE SE 2018-01-02 MF Import

This Addendum addresses the terms and conditions of the settlement agreement and revises the Final MDNS (SEPA #65-96) in accordance with the terms and conditions expressly addressed in the settlement agreement. All other conditions and requirements, in the Final MDNS not expressly modified by this agreement must be complied with by the Applicant. In accordance with the terms of the settlement agreement the proposed project has been modified as follows: The site plan for the Home Base Project by Kurt R. Jensen revised 7/31/97 which reduces the fast food restaurant to 2,880 square feet and on -site parking stalls to 430; the preliminary grading, storm drainage and water quality treatment plan by Barghausen Consulting Engineers revised 8/12/97 provides 1.50 acre feet of dead storage volume, 1.25 acre feet of live storage volume; 0.72 acre vegetated wet pond and 4.7 acres of off - site wetland mitigation; the landscape plan revised 8/12/97 provides a mix of evergreen and deciduous trees along the 19th Avenue SE Street frontage. Exhibits A and B to this agreement provide for the establishment of easement tracts for off -site water quality facilities on the Inter -Community Mercy Washington 11 L.P. and off -site wetland mitigation on the Spane property. Restrictive Covenants shall be placed on the title of the respective properties as required by Condition 20 of the MDNS and terms of the settlement agreement. The proposal has been modified to include a 10-year bonding, monitoring, and contingency period for the wetland mitigation site (see easement for "Siler Property Marshland Mitigation Site"). Condition 25 is revised (from the previously required 5-year monitoring period) to require monitoring for 10 years following completion of wetland mitigation. The settlement agreement provides additional detail regarding mitigation requirements including: 1) No certification of occupancy or actual occupancy of the project shall be issued or shall occur until Applicant has complied with the drainage requirements of the project and until the project's consultants and engineers certify that the on -site and off -site stormwater systems have been constructed and are functioning in accordance with the stormwater system design and that all biofrltering vegetation has been planted in accordance with industry standards. 2) The portions of the on -site and off -site stormwater systems provided to replace the wetland stormwater detention, water quality and groundwater recharge functions shall be designed to meet or exceed the standards and/or conditions required by the Washington State Department of Ecology for issuance for a Section 401 Water Quality Certification and shall comply with all requirements of the MDNS.