The documents and conditions included in the Cordata business park master plan, associated environmental impact statement, Cordata business park development and design guidelines and the documents that make up the Cordata PUD Amendment No. 2 (the PUD amendment application, EIS documents and Conceptual Site Plan and Open Space Concept dated August 28, 1995) shall function as the planned unit development or planned development approval for that portion of Cordata located north of Horton Road. This approval may be amended through procedures contained in the city’s planned unit development regulations or other applicable ordinances. Prior to adoption of a planned unit development ordinance by the city, the procedures of planned development shall be used to consider any proposed amendments.

The following represents the Cordata PUD conditions of approval as adopted by Whatcom County that are generally applicable to the section of Cordata north of Horton Road. Some conditions also apply to the whole of Cordata, both south and north of Horton Rd., and were associated with the first approval of Cordata in 1986 (PUD 1-84). Other conditions were added during the 1996 Cordata PUD Amendment No. 2 for the majority of the Cordata site north of Horton Rd. The condition language has been modified to (1) reflect conditions that have already been satisfied, (2) adapt the language to city of Bellingham codes and procedures and (3) eliminate conditions no longer applicable.

Trillium Corp., as developer, or its successors and assigns in interest to Cordata and all persons owning or developing property within Cordata shall comply with the provisions of the approved PUD as referenced above and the following conditions:

(Condition numbers reference the county documents from which they were taken. The “A.I” and “A.II” conditions are from the 1986 PUD 1-84. The “B” conditions are from the 1996 Cordata PUD Amendment No. 2.)

B(Note 1)

Approval of Cordata PUD Amendment No. 2 does not nullify the original conditions of PUD1-84.

A.I(1)

All construction activities, including but not limited to road, drainage, and land alteration improvements, shall follow the design standards and construction procedures outlined in city of Bellingham development standards.

A.I(3)

Whenever public agency regulations, policies, or other requirements are applicable to development under the Cordata PUD, definitions found in public documents shall prevail over those found herein or in the documents provided by the developer in cases of conflict or to resolve ambiguities that may arise.

A.I(4)

All division of land for sale or lease shall require approval by the city through binding site plan, subdivision, short plat or other appropriate procedures consistent with city codes. Property that has received general binding site plan approval but not specific binding site plan approval from the county shall obtain specific binding site plan approval from the city prior to the issuance of building permits on that site.

All construction or development on the site must secure a certificate of consistency from the Cordata design review committee (DRC) and approval by the planning and community development department prior to permit issuance. Development proposals shall be reviewed by the city technical review committee for conformance with the Cordata PUD prior to approval of the planning and community development department.

A.I(6,7, 36‑38,40)

The city of Bellingham acceptance of the PUD as zoning for the site relies on the county record that the development has complied with the following PUD conditions:

a. The development and design guidelines, protective covenants, and design review committee regulations were to be reviewed by the appropriate county departments for compliance with the PUD ordinance, the conditions within the PUD permit, and any other applicable laws;

b. Recording of the approved restrictive covenants;

c. Amending the building height and grade definitions in the development design guidelines to conform to county zoning definitions;

d. Addition of the following statement to the protective covenants: “No relaxation granted by the DRC shall be interpreted as a variance from the minimum standards of official Whatcom County regulations or city of Bellingham regulations unless such minimum standard regulations have already been altered by flexibility authorized by the PUD ordinance and permit approval”;

e. Amendment to the protective covenants, Section 20, Exemption, shall limit the developer’s actions to require minor improvements for marketing purposes, not for building construction and the like; and

f. Plan review submission requirements, Section B on Page 8 of Design Review Procedures, shall be supplemented with a note that these requirements are supplemental to Chapter 20.80 WCC.

g. The definitions of Sections A(1)(f) and B(6) in the development and design guidelines for building height and building grade shall be amended to conform to those of Chapter 20.85 WCC.

All future or amended design review committee guidelines must be consistent with the PUD permit and existing laws and regulations at the time of the creation or modification of the design review committee guidelines.

A.I(34)

The developer shall comply with the applicable state and local laws of any other governmental entity, which has jurisdiction over a portion of the site, to ensure that all requirements of each of the governmental entities will be met.

A.I(44)

All future development, building, uses or other changes to the site must conform to the conditions in this PUD permit, to any binding site plans approved for the appropriate phase of the development, and any other conditions imposed by law in order to comply with this PUD permit. All future development shall further conform to the guidelines issued by the design review committee at the time of the development and shall comply with the requirements set out in the final environmental impact statement.

A.I(45)

The chief executives of the city and county shall appoint the public sector members of their respective jurisdictions to the design review committee. The composition of the design review committee should include three members from the city of Bellingham departments associated with development review, one member from Whatcom County, two from the Cordata business park association, one from the Trillium Corporation, or its heirs and assigns, and one member at large to be appointed by the other members of the DRC.

A.I(39)

Protective covenants shall allow periodic review of the terms of the covenants to allow minor changes to meet changing conditions. Major changes to the covenants, as determined by the planning and community development director shall require review of the DRC. Covenants shall be consistent with the approved PUD. The covenants shall remain in effect until termination is approved by the city of Bellingham.

A.I(40)

Design review committee plan submittal requirements are supplemental to city of Bellingham permit application submittal requirements.

A.I(15)

Recycling of waste materials shall be encouraged under Section 8.10, Refuse, of the protective covenants.

B(21)

A system of signs for identifying the location of each residential unit and other uses on the site shall be established, based on considerations of crime prevention and the needs of emergency vehicles.

A.I(29)

The parking space requirements set forth in the Cordata development and design guidelines in Section 2.8.2 are hereby approved as minimum parking standards. The design review committee, however, has the authority to increase these requirements for a particular use under review if the minimums do not prove adequate with concurrence and approval of the city technical review committee.

A.I(8)

All buildings, signs, or other improvements to the property must obtain proper building permits and comply with all applicable city, county, state or federal regulations and the appropriate design management documents, which are part of the PUD approval and any other laws which may be applicable at the time of construction.

B(27)

Land uses on the 239-acre Cordata Amendment No. 2 site shall conform to the PUD application and the “Cordata Business Park P.U.D. Amendment North of Horton Road” Conceptual Site Plan and Open Space Concept dated 8-28-95, except as provided for in the “industrial land use option” specified in condition B(28) below. A list of the uses allowed is attached as Appendix A.

B(28)

The PUD Amendment No. 2 provides for an “industrial land use option.” The PUD amendment authorizes the construction of 1,779 residential units, along with the other commercial, institutional, and recreational development described in the application, on the northern 239 acres of the Cordata business park. It also recognizes that areas A1 and H1 (SFEIS, p. 20), which total 19.7 acres, will be developed with industrial uses, as contemplated under the original PUD approval, without a reduction in the 1,779 residential units approved herein. However, the applicant shall also have the right to exercise an “industrial land use option” requested by the city of Bellingham. This option permits the applicant to develop areas A2, H2, F, and G (SFEIS, p. 20), which total 47.8 acres, with industrial uses as approved under the original PUD (PUD 1-84), in lieu of developing these areas with residential uses. Areas A2, H2, F, and G are planned for “medium to high density” residential development of seven to 18 units per acre under the amendment application. If the applicant chooses to revert back to the industrial uses authorized on these parcels under the original PUD approval (PUD 1-84), such industrial uses shall be subject only to the original conditions of PUD 1-84, with the understanding that the design review committee shall give particular attention to buffering these industrial uses when they are adjacent to nonindustrial uses and nonindustrial zones. Additionally, if the applicant chooses to develop these areas with industrial uses, seven residential units shall be eliminated for every acre of land in areas A2, H2, F, and G that is devoted to industrial use.

B(32)

The maximum number of dwelling units in the entire 626.7 acre Cordata business park site shall be limited to 2,651. No more than 1,779 of the total 2,651 residential units are planned for the 239-acre amendment site.

A.II (1-4, 22)

The city acknowledges the following requirements of the PUD have been completed:

a. Construction of Kellogg Road.

b. Installation of traffic control signals at the Kellogg/Meridian intersection, the Cordata Parkway/W. Bakerview Road intersection and the Meridian/Westerly Rd. intersection.

c. Improvement of the Cordata Parkway/Bakerview intersection consisting of a left turn lane and upgraded right turning movements.

d. Construction of Horton Road.

A.I(20)

The primary on-site public road system for the entire Cordata site shall include the following four-lane wide routes:

Cordata Parkway (north/south spine road extended) from Kellogg Rd. to the Kline Road (all but the north section has been completed);

Horton Road east of Cordata Parkway to Guide Meridian (this section has been completed);

Stuart Road east of Cordata Parkway to Guide Meridian;

Kline Road east of Cordata Parkway to Guide Meridian;

Left turn lanes shall be provided at major intersections. Two-lane routes shall include: Horton/Thomas; Stuart/Kellogg loop; Allans Road and June Road. The access road system shall either be comprised of private or public roads, which shall be decided at the engineering alignment, plan approval stage of each road facility.

A.I(21)

The Trillium Corporation, as developer, or its successors and assigns, acting as developer, shall share the cost of the following improvements, in proportion and manner to be determined after reaching a threshold of building construction build-out of 3,250,000 square feet. No further building permits beyond the 3,250,000 square feet shall be issued until an agreement is approved between the Trillium Corporation as the developer, the city and the county as to the method of construction and financing of the following road sections:

a. Stuart Road between the Guide Meridian and east property boundary. The improvement shall be a four-lane arterial constructed at the same time the connection is underway in an easterly direction within the development site.

b. Thomas Road (an extension of Horton Rd. westerly) between the west property boundary and Aldrich Road. This facility shall be a minor collector.

c. Allans Road (Eliza Ave.) between the south property boundary and Bakerview Road. This facility shall be a minor collector.

d. June Road between the west property boundary and Aldrich Road. This facility shall be a minor collector.

A.I(23)

When Cordata reaches 25 percent build-out (3,250,000 square feet), as determined by building permit tally, a transportation study will be prepared in which the Trillium Corporation will participate in a proportionate share to determine the comprehensive sources of impacts to the city and county road systems and alternative methods of mitigating such impacts. Specifically, off-site roads to be included in such study will include the following:

a. Kline Road between the west boundary of the project and Aldrich Road. This facility shall be a major collector.

b. Aldrich Road reconstruction between Northwest Road and Kline Road. This facility shall be a major collector constructed either in stages as the east/west collectors are built or a full length project.

The city acknowledges that the following improvements have been completed:

c. Aldrich Road/Northwest Drive intersection alignment. This project will include right-of-way and roadway construction. Left turn lanes will be provided as needed.

d. W. Bakerview Road between I-5 and Cordata Parkway.

A.I(24)

In the event that the developer of Cordata is eligible for off-site road improvements reimbursement from other property owners in accordance with Chapter 35.72 RCW, upon a request for an approval by the city of Bellingham or Whatcom County, as appropriate, the developer shall be responsible for the information gathering in formulating such reimbursement contracts as directed by the county or city engineer, as appropriate.

A.I(25)

Internal road and off-site roads shall be constructed to an all-weather standard in order to avoid weight limit restrictions during certain weather conditions. This will apply to the truck routes as designated in the Master Plan (Plan No. 6.01).

A.I(28)

For internal road construction, the city of Bellingham standards shall apply.

A.I (35)

Private roads, drainage facilities, and other community facilities which will be privately maintained under an owner or community association or similar type entity shall require plans to be submitted to the city of Bellingham public works department which detail the maintenance program, and said program shall be approved by the city engineer prior to implementation.

A.II(5)

Access points along Kellogg Road between Cordata Parkway and Guide Meridian shall be limited to one mid-block 30-foot-wide driveway or roadway on each side of the street. Street lighting shall not be placed in the road median. Two additional right-in, right-out accesses along this section of road shall be permitted with appropriate curb cuts.

A.II(6)

The Whatcom transportation authority shall be consulted for incorporation of bus pull-outs along bus routes within Cordata if deemed appropriate by said authority. The developer shall be responsible for the installation of such improvements.

B(1)

All streets, drainage and utilities shall be designed to city standards and be consistent with the Cordata development and design guidelines, where applicable.

B(2)

Transportation impact fees shall be paid to the city of Bellingham at building permit issuance. Additionally, the developer shall participate on a fair share basis in the funding of traffic signals at Horton Road and Guide Meridian, and at Cordata Parkway and Kellogg Road. The city of Bellingham shall determine the timing of the installation of these signals based on signal warrants. Payment of the developer’s proportionate share shall be made at the time of signal construction.

B(3)

The applicant shall construct Cordata Parkway to secondary arterial standards. Cordata Parkway shall have left turn bays at major intersections, for both public and private streets. Cordata Parkway may be constructed in phases, if approved by the public works director.

B(4)

The east-west connector (in the vicinity of the Kline Road/Waldron Road alignment) shall be constructed to principal urban arterial standards within the city and to rural major collector standards in the county. Phasing of the development shall be coordinated with construction of the east-west connector, as follows:

a. Construction of Cordata PUD Amendment No. 2 Phase II shall not commence until the east-west connector has been constructed between Cordata Parkway and the Guide Meridian.

b. Construction of Cordata PUD Amendment No. 2 Phase III shall not commence until the east-west connector has been constructed between Cordata Parkway and Northwest Drive.

B(Note No. 2)

For purposes of administering the conditions of Cordata, Phase I, II and III of the Cordata PUD Amendment No. 2 site shall be defined as follows:

Phase I – consists of approximately 187 single-family units, 188 duplex units, 375 multifamily units, a congregate care facility, a 10,000-square-foot recreation building, and 7,500 square feet of convenience retail/office space, a community center building, an athletic facility and a 100-seat restaurant. When total daily trips from the 239 acre amendment site reach 7,400, the project shall be deemed to have completed Phase I (see SFEIS, Appendix A, Transportation Impact Study, Table 4, Projected Trip Generation Estimates – Phase I, p. 23).

Phase II – consists of 150 single-family units, 150 duplex units, 300 multifamily units, and 2,500 square feet of convenience retail/office space. Total daily trips for the uses specified in Phase II will be determined in the traffic study required by recommended condition 6. When total daily trips reach the number calculated for Phase II, the project shall be deemed to have completed Phase II.

Phase III – consists of 65 single-family units, 64 duplex units, and 300 multifamily units.

B(5)

The developer’s financial participation in construction of the east-west connector roadway shall be as follows:

a. In the event that Whatcom County and/or the city of Bellingham construct the east-west connector prior to the time the road is required to develop Phase II and/or Phase III of Cordata PUD Amendment No. 2, the developer shall contribute a pro-rata share to facilitate construction of this road.

b. In the event that the east-west connector is not constructed prior to the time the road is required to develop said Phase II and/or Phase III, the developer may either construct the east-west connector in phases as specified in conditions B(4) a. and B(4) b. above or delay development until the east-west connector is constructed.

B(6)

Prior to any construction of Cordata PUD Amendment No. 2 Phase II, the developer shall provide an updated traffic study, to be reviewed by both the Whatcom County division of engineering and the city of Bellingham public works department. The purpose of the traffic study shall be to reevaluate traffic impacts and to determine the applicant’s level of financial participation in off-site road improvements. The study shall specifically address the following road improvements:

a. Constructing the east-west connector (in the vicinity of the Kline/Waldron Road alignments), from Guide Meridian to Northwest Drive;

b. Widening Guide Meridian (SR 539) to a minimum four-lane configuration (five lanes at major intersection) to Smith Road;

c. Signalizing the intersection of Northwest Drive and Smith Road;

d. Signalizing the intersection of Northwest Drive and Slater Road;

e. Rechanneling and widening eastbound and westbound intersection approaches at the intersection of Guide Meridian (SR 539) and Smith Road. Providing protected left-turn movements on all legs of the intersection;

f. Providing a three-lane approach eastbound (left, through, and right turn lanes) at the intersection of Guide Meridian and the east/west connector roadway;

g. Signalizing the intersection of Aldrich Road and the east/west connector roadway; and

h. Any other intersection or road improvement identified by Whatcom County or the city of Bellingham.

If the developer, the Whatcom County division of engineering, and the city of Bellingham public works department cannot agree on the applicant’s level of financial participation in road improvements recommended by the above-referenced traffic study, then the matter shall be referred to a joint Bellingham city council and Whatcom County council meeting, who shall decide the applicant’s level of financial participation. The above-referenced study shall also calculate the daily trips associated with Cordata PUD Amendment No. 2 Phase II, in order to define when Phase II has been completed.

B(7)

Private roads with an average daily traffic of 1,000 vehicles or more shall have vertical curbs and gutters to provide an added measure of safety for pedestrians.

B(8)

All signing and striping shall be installed per MUTCD standards at the applicant’s expense.

A.I(32)

Public transportation access should be encouraged. The developer shall take into consideration the access requirements of Whatcom transportation authority, including special transportation, in designing roads and driveways.

A.I(26)

Before existing rights-of-way are vacated on the Cordata site, the substitute right-of-way shall be dedicated.

B(9, 22)

All development shall comply with the provisions of Chapter 15.42 BMC (stormwater) and Chapter 16.55 BMC (wetlands and streams). Provisions for maintenance of the stormwater system shall be submitted and approved.

B(10)

Fill and grade permits, clearing permits, and revocable encroachment permits shall be obtained when required. Clearing and grading activities shall comply with the provisions of Chapter 16.60 BMC (clearing) and Chapter 16.70 BMC (grading).

B(11)

Erosion control plans shall be submitted and approved prior to any clearing or grading on the site.

A.I(13)

The Trillium Corporation or Cordata business park association shall submit a biannual drainage maintenance program to the city engineer for approval. The city shall have the right to bill the association for any maintenance work done under city authorization that the association fails to perform after a reasonable time beyond written notification by the county.

A.I(14)

There shall be no outside storage of potentially polluting materials and no toxic wastes shall be allowed to enter the sewer system in compliance with the protective covenants, development guidelines, local, state, and federal laws.

A.I(16)

Oil and grease separators shall be required at collection points of water from parking lots, garages, and similar places where oils are likely to accompany surface water drainage.

A.I(17)

Cordata business park association shall be responsible for developing a program for containment and recovery of spills of toxic or dangerous materials that have a potential for entering the drainage system in compliance with the protective covenants, development guidelines, local, state and federal laws.

A.II(11)

Stormwater runoff shall be managed to mitigate post development runoff rates and impacts to adjacent building sites or properties by implementation of storm detention, retention, and surface collection systems. Orifice to the outflow control structures shall be calibrated based upon the allowable discharge rate of 0.2 cfs per acre. On-site drainage systems shall collect runoff and transmit such to management facilities and prevent site drainage from impacting adjacent developments or properties.

A.II(12)

Downstream drainage facilities shall be evaluated and up-sized by the developer, if necessary, to carry the designed outflow from the development.

A.II(13)

Stormwater collection devices shall provide oil/water and floatable solids separation. A structured maintenance management program for collection devices shall be approved by the appropriate governing body.

A.I(11)

The developer shall provide to the city all comprehensive drainage studies and plans (including location, size and type of detention facilities and location and size of major drainage pipe systems) that were submitted to the county under the conditions of the PUD. Further drainage studies may be required for individual subareas of the site. An adequate drainage plan shall be demonstrated for each drainage area before any binding site plan or building permit is approved for that area.

A.I(12)

A drainage study on the downstream impacts on the Silver Creek drainage basin was required to be submitted to the county engineer prior to the issuance of any building permits. The developer shall provide a copy of this information to the city engineer.

A.I(18)

The developer was required to provide the following information to the county and Department of Game: Surface water quality baseline information shall be collected and provided for all site discharge points of surface water drainage prior to final PUD approval (issuance of building permits) in compliance with the protective covenants, development guidelines, local, state, and federal laws. The developer shall provide a copy of this information to the city.

B(12)

All fences along the property lines and easements shall be shown on the final mylar along with the standard fence disclaimer note if a discrepancy exists.

B(13)

Road name proposals for unnamed new roads must be submitted for approval.

B(14)

All road, drainage facilities, and grading plans shall be designed and stamped by a state licensed engineer and submitted for approval prior to construction. As-built road plans and a letter of certification from a licensed engineer must be submitted to the county engineer prior to acceptance of any roads into the county road system.

B(15)

The developer shall consult with the post office for the location of mail boxes.

B(16)

Addressing shall be coordinated with the city building services division.

B(18)

The Cordata Parkway and east-west connector rights-of-way shall be vacated and rededicated in the proposed alignment on the general binding site plan and final plat.

B(24)

The school mitigation/impact fee requirement shall be disclosed on the face of each final plat, general binding site plan, and specific binding site plan.

B(26)

Development shall take place consistent with the Cordata business park development and design guidelines. Additionally, in order to provide flexibility from underlying zoning requirements, the developer shall propose minimum setbacks, maximum height limits, and minimum lot sizes when each final plat and/or specific binding site plan is submitted for approval. The city shall review and approve setbacks, height limits, and lot sizes. The approved setbacks, height limits and lot sizes shall be disclosed on the face of the final plat or specific binding site plan, as appropriate.

B(30)

Binding site plans developed with condominiums shall contain thereon the following statement:

All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ association have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.

B(35)

Approval of the preliminary long plat shall become invalid unless a final plat is submitted in proper form for final approval within three years of the date of preliminary plat approval, except if extended pursuant to applicable city codes. Redivision of the three tracts in the long plat that are intended for residential uses shall be accomplished through the standard preliminary/final plat procedure and/or the general/specific binding site plan procedure, whichever is appropriate.

B(34)

The general binding site plan has been approved by Whatcom County. The last specific binding site plan shall be filed no later than 15 years after recordation of the general binding site plan with the possibility of a one-year extension if requested in writing within 30 days of the date the binding site plan is scheduled to expire. The one-year extension may be granted upon a finding by the administrator that the applicants have been diligent in their attempt to finish by the expiration date and that the extension would not be detrimental to the public interest.

A.II (7)

The PUD requires pump facilities to be installed as necessary to provide a minimum base level of fire flow. Any such facilities shall be installed prior to the issuance of building permits for the subject development.

B(19)

Fire suppression water (fire flow) and hydrant placement shall be provided in accordance with the city of Bellingham public works standards and approved by the city of Bellingham fire department.

B(33)

Condition 33 of the original PUD approval requires the developer to deed to Whatcom County Fire District No. 8 a site for a fire station within the Cordata boundaries. As a condition of this amendment, the timing for compliance with this previous condition shall be as follows: The fire station site shall be deeded to Fire District No. 8 prior to issuance of any building permit for development authorized pursuant to this PUD amendment approval, unless waived in writing by the chief of Fire District No. 8. An October 21, 1996 memo from the fire chief of Whatcom County Fire District No. 8 states, “Whatcom County Fire District 8 does not need or require the property set aside and located in the Cordata North area for a future fire station. We would request that you touch base with the chief of the Bellingham fire department since this area is scheduled to be annexed into the city in the near future.” The final determination of whether a fire station site shall be dedicated to the city shall be deferred until the completion of a fire protection services master plan to be developed between the Bellingham fire department and the rural fire districts. (See 12/97 Interlocal Agreement.) This provision shall not be construed to prohibit development of sites within the PUD prior to completion of the fire protection services master plan.

B(17)

Public water and sewer shall be provided to all sites. On-site septic systems shall not be permitted. The developer shall upgrade the Horton Road sewer pump station, as required by the city of Bellingham.

B(20) and A.I(42)

All utilities shall be underground.

A.II(8)

Water mains shall be sized in accordance with city of Bellingham standards with minimum fire flow conveyance to far reaches of the site accomplished.

A.II(9)

Hydrants which meet the city standards shall be spaced and located along streets as the streets are constructed according to a plan approved by the Bellingham fire department.

A.II(10)

Sanitary sewer shall be extended in accordance with city of Bellingham standards.

B(23)

The developer has provided the mitigation agreements required in the following PUD Amendment No. 2 condition. These agreements are attached as Appendix B.

Prior to recording either the Plat or General Binding Site Plan, the developer shall enter into mitigation agreements with the Ferndale School District and the Meridian School District to provide temporary space in portable classrooms and other school facilities as needed in order to house or otherwise accommodate the students that may reside in the proposed development. Unless other terms are mutually agreed to by the School District(s) and the developer, the agreement shall contain substantially the same terms as the Draft Mitigation Agreement example included in the record. The mitigation fee shall be set at $850 per single family residence, $850 for each unit in a duplex, and $450 per multifamily unit; provided that the mitigation agreement shall specify that the amount of the mitigation fee shall be subject to review upon request of either the developer or the school district at intervals of no less than five years and may be adjusted upward or downward based on such economic and social factors as inflation, need for classroom space, and family size. The mitigation fee shall mitigate the significant adverse environmental impacts as identified in the SEPA process as specified in Chapter 43.21C RCW and Chapter 197-11 WAC. The fee for each unit shall be paid prior to the issuance of a building permit for that unit. Units located within the Ferndale School District area shall pay the mitigation fee to the Ferndale School District. Units located in the Meridian School District area shall pay the mitigation fee to the Meridian School District. Any units in the Cordata Business Park Amendment #2 area restricted to “seniors only” through enforceable covenants that have been approved by Whatcom County or the City of Bellingham shall not be required to pay the mitigation fee. However, said covenants restricting units to “seniors only” may only be removed if prior notice is given to the City of Bellingham, Meridian School District, and Ferndale School District. Additionally, said covenants shall specify that the mitigation fee in effect at the time the covenant is removed shall be immediately paid to the appropriate school district at such time as the “seniors only” covenant is removed for those units which have not paid the fee. The covenant shall also specify who is responsible for paying the fee. In the event that the City of Bellingham were to adopt a school impact fee based on Chapter 82.02 RCW, that applies to the subject property, the developer agrees to pay to the school districts the impact fees based on Chapter 82.02. Payments made to the school districts under the provisions of Chapter 82.02 shall be in lieu of the payments under the provisions of SEPA, Chapter 43.21C RCW, set forth above, to mitigate significant adverse impacts to schools as identified through the SEPA environmental review process.

Development within the Bellingham school district shall be subject to the payment of school impact fees as required by Bellingham Ordinance No. 10333 or in accordance with any subsequent ordinance in effect at the time fee payment is due. School impact fees shall be paid prior to building permit issuance.

B(25)

Prior to the issuance of any building permit for a single-family residence, duplex or multifamily residential structure (defined as triplex or larger) outside the Bellingham school district, the applicant for the building permit shall submit proof from the school district that the school mitigation fees have been paid or that the residential unit is exempt from the fee because it is a seniors only unit, as set out above.

B(29)

Perimeter buffering shall be provided as required in the Cordata business park development and design guidelines.

B(31)

A minimum of 103 acres of open space shall be designated on binding site plans and/or plats (both long and short) in the overall 626.7-acre Cordata business park PUD. A minimum of 42 acres of open space shall be designated on binding site plans and/or plats in the northern 239 acre PUD Amendment No. 2 site, including a six-acre park. Open space designated under the terms of this condition shall remain open space in perpetuity and be maintained as such.

A.I(19)

Map No. 6.04 of the master plan shall serve as guideline for the preservation of the open space network within the Cordata PUD. At such time that applications are submitted to the DRC, a site plan shall be presented that designates common open space area to be deeded to the Cordata business park association. The dedication of the open space to the business park association shall occur through the submittal of a survey to be consistent with the survey requirements associated with the binding site plan provisions of city code.

The documents and conditions included in the zoning regulations for Area 11, Cordata neighborhood, Cordata business park master plan, associated environmental impact statement, and the Cordata business park development and design guidelines shall function as the planned unit development for Area 11 of the Cordata neighborhood.

The following represents conditions of approval in addition to the Cordata PUD conditions of approval as adopted by Whatcom County in 1986 (PUD 1-84) that are applicable to Area 11.

All development within this subarea shall be consistent with the city of Bellingham comprehensive plan and comply with the Bellingham Municipal Code.

Trillium Corp., as developer, or its successors and assigns in interest to Cordata and all persons owning or developing property within Cordata shall comply with the provisions of the approved PUD as referenced above and the following conditions:

C (Note 1)

Approval of the 2009 and 2016 Comprehensive Plan Amendments and Rezones does not nullify the original conditions of PUD 1-84.

C(2)

A system of signs for identifying the location of each residential unit and other uses on the site shall be established, based on considerations of crime prevention and the needs of emergency vehicles.

C(3)

All future or amended design review committee guidelines must be consistent with the PUD permit and existing laws and regulations at the time of the creation or modification of the design review committee guidelines.

C(4)

Permitted uses within Area 11 shall conform to those listed in the master plan and development and design guidelines. A list of the uses allowed is attached as Appendix A to the ordinance codified in this chapter.

C(5)

The maximum number of dwelling units in the entire 626.7-acre Cordata business park site shall be limited to 2,651. No more than 1,779 of the total 2,651 residential units are allowed in the 239-acre Amendment No. 2 area, generally north of Horton Road.

Residential uses associated with mixed use buildings shall not count toward the overall density allocations for the PUD. (Note: A mixed use building is defined as having ground floor commercial space with residential uses above.)

Residential uses not associated with mixed use building shall count toward the overall density allocations for the PUD. This subarea is zoned with a high density designation which does not have an identified maximum density.

C(6)

The city of Bellingham street standards shall be met for all construction, as necessary to comply with engineering and emergency access requirements.

C(7)

Prior to development within Area 11, the property owner shall identify the cumulative impacts the proposed development would have beyond the level of development provided for in the PUD.

C(8)

Cordata Parkway shall have left turn bays at major intersections, for both public and private streets.

C(9)

Private roads with an average daily traffic of 1,000 vehicles or more shall have vertical curbs and gutters to provide an added measure of safety for pedestrians.

C(10)

All signing and striping shall be installed per MUTCD standards at the applicant’s expense.

C(11)

All development shall comply with the provisions of Chapter 15.42 BMC (Stormwater Management) and Chapter 16.55 BMC (Critical Areas ordinance). Provisions for maintenance of the stormwater system shall be submitted to and approved by the city of Bellingham.

C(12)

Fill and grade permits, clearing permits, and revocable encroachment permits shall be obtained when required. Clearing and grading activities shall comply with the provisions of Chapter 16.60 BMC (Clearing) and Chapter 16.70 BMC (Grading).

C(13)

Road name proposals for unnamed new roads must be submitted for approval.

C(14)

The developer shall consult with the post office for the location of mail boxes.

C(15)

Addressing shall be coordinated with the city building services division.

C(16)

The school mitigation/impact fee requirement shall be disclosed on the face of each final plat, general binding site plan, and specific binding site plan.

C(17)

Development shall take place consistent with the Cordata business park development and design guidelines. Additionally, in order to provide flexibility from underlying zoning requirements, the developer shall propose minimum setbacks, maximum height limits, and minimum lot sizes when each final plat and/or specific binding site plan is submitted for approval. The city shall review and approve setbacks, height limits, and lot sizes for conformance with city codes. The approved setbacks, height limits and lot sizes shall be disclosed on the face of the final plat or specific binding site plan, as appropriate.

C(18)

Binding site plans developed with condominiums shall contain thereon the following statement:

All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the City, town or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owner’s association have a membership or other legal or beneficial interest. The binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.

C(19)

The general binding site plan has been approved by Whatcom County. The last specific binding site plan shall be filed no later than 15 years after recordation of the general binding site plan with the possibility of a one-year extension if requested in writing within 30 days of the date the binding site plan is scheduled to expire. The one-year extension may be granted upon a finding by the administrator that the applicants have been diligent in their attempt to finish by the expiration date and that the extension would not be detrimental to the public interest.

C(20)

All development shall comply with Chapter 17.20 BMC.

C(21)

Fire suppression water (fire flow) and hydrant placement shall be provided in accordance with the city of Bellingham public works and fire department standards.

C(22)

Public water and sewer shall be provided to all sites in accordance with plans approved by the city of Bellingham. On-site septic systems shall not be permitted. The sewer mains serving the site are sized and designed in accordance with city of Bellingham development guidelines and improvement standards. Any off-site improvements needed to provide adequate capacity for conveyance of sanitary sewer purposes shall be made by the developer and become part of the basic requirement for service.

C(23)

All utilities shall be underground.

C(24)

School impact fees, in an amount established by ordinance, shall be paid to the city of Bellingham at building permit issuance.

C(25)

Traffic impact fees, in an amount established by ordinance, shall be paid to the city of Bellingham at building permit issuance.

C(26)

Park impact fees shall be provided in accordance with Chapter 19.04 BMC.

C(27)

Perimeter buffering shall be provided as required in the Cordata business park development and design guidelines.