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CITY CLERK'S OFFICE
CITY OF AUBURN
25 West Main
Auburn, WA 98001
4
.RECEIVEOTTH15 DA? "
5(It
AN R 20 9 38 AM '94
ORDINANCE NO. 4 6 6 0..
AN ORDINANCE OF THE CITY OF AUBURN, WASHING10 ,�tPROVIDING FOR
THE REZONING OF PROPERTY LOCATED ON THE NORTH AND SOUTH SIDES
OF ORAVETZ ROAD, NEAR ITS INTERSECTION WITH MILL POND DRIVE,
WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING
CLASSIFICATION THEREOF FROM UNCLASSIFIED, R -4 (MULTI - FAMILY)
C -1 (LIGHT COMMERCIAL) AND C -3 (HEAVY COMMERCIAL) TO P -1
(PUBLIC USE DISTRICT) AND COMPREHENSIVE PLAN MAP AMENDMENT
FROM MULTI- FAMILY AND GENERAL COMMERCIAL TO PUBLIC AND QUASI
PUBLIC.
WHEREAS, Application No.- REZ0003 -92 and MIS0001 -94 has
been submitted to the Council of the City of Auburn,
Washington, by AUBURN SCHOOL DISTRICT #408, requesting the
rezone and Comprehensive Plan Map amendment of the real
property hereinafter described in Section 2 of the Ordinance,
which application was dated July 14, 1992; and,
WHEREAS, said request above referred to, was referred to
the Planning Commission for study and public hearing thereon;
and
WHEREAS, the Planning Commission, based upon staff
review, held a public hearing to consider said petition in the
Council Chambers of the Auburn City Hall, on February 28,
1994. at the conclusion of which the Planning Commission
recommended the approval of the request for7rezone and;,;
Comprehensive Plan Map amendment of said property_;based upon
the following Findings of Fact and Conclusions, t.o- wit: -- '
Ordinance No. 4660
March 1, 1994
Page 1
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Nd DEO R803311 AIN1103 9NIN !'d 00 :E2:1O 61ST- t2,t0t6
9404271519
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FINDINGS OF FACT
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2 1. The Auburn School District has requested that the City of
Auburn approve a rezone, Comprehensive Plan map and text
3 amendment, and an amendment to the Zoning Code. These
approvals are needed in order to proceed forward with the
4 construction of a new high school.
5 2. The high school is proposed to be located on the south
side of the Stuck River, next to Roegner Park, and
6 northerly of Oravetz Road. Tennis courts and parking
facilities are planned to be located south of Oravetz
7 Road and adjacent to the City's Mill Pond Park.
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3. The high school site is 38 ± acres in area. The site
will contain the high school building which is a two
story structure that will be 18.0,500 sq. ft. in size.
The site will also contain a 6,500 sq. ft. field house,
parking, athletic fields and tennis courts. The
enrollment is estimated to 1,500 students and there will
be 100 staff.
12 4. The site currently contains four different zoning
classifications: Uncl., (Unclassified), R -4, (Multi -
13 Family), C -1, (Light Commercial) and C -3, (Heavy
Commercial). The Comprehensive Plan map illustrates the
14 area as multi - family and general commercial.
15 5. The School District is proposing to change the existing
zoning on the property to P -1, Public Use District. The
16 Comprehensive Plan map designations are proposed to be
changed to Public /Quasi- Public.
6. Concurrent with the School District's request, the City
18 will be processing a rezone that will establish the P -1
zone upon Roegner Park and Mill Pond Park. This will
19 provide for more consistent zoning in the area as well as
provide more design flexibility for the School District.
20 This action is being considered separately and will have
its own decision.
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7. The high school site is part of the Lakeland Hills
22 Special Planning Area Plan that was adopted in 1988.
23 That plan had anticipated a multi - family development next
to Roegner Park. As such, the following policy is
contained within the Lakeland Hills Plan (page 4).
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Ordinance No. 4660
.March 1, 1994
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"At the time property adjacent to the White River Park
land is developed, the developer shall provide a dense,
indigenous vegetative screen along the boundary
separating such development from the park. This .
vegetative screen shall adequately shield and separate
recreational activities from adjacent development, as
approved by the Auburn Parks and Recreation Director.
Since this vegetative screening would be necessary in
order to make the park land of any value whatsoever to
the City for recreational purposes, this improvement
shall not be counted in lieu of required land
dedication."
The School District has requested that this policy be
deleted from the plan. This action is being considered
separately and will have its own decision.
8. The outdoor lighting fixtures, planned for the athletic
fields, are defined by Section 18.04.890 of the Zoning
Ordinance as structures. The P -1 zone limits structure
height to 45 feet. The School District anticipates these
lighting fixtures could have a height of up to 80 feet.
The School District has requested that the Zoning Code be
amended to allow for the additional height. This action
is being considered separately and will have its own
decision.
9. A Final Supplemental Environmental Impact Statement
(FSEIS) for the new high school was issued by the City on
February 10, 1994.
The following Findings of Fact are a summary of the issues
discussed within Chapter 3 of the EIS.
10. Geology and Soils
19
The project site is relatively flat, sloping generally
20 downwards from the south and east. A substantial amount
of the fill has been placed on the site from previous
21 fill activities. The fill came from materials dredged
from the Stuck. River as well as material from the
22 construction of the streets in the Lakeland Hills
development. This was an uncontrolled fill placed upon
23 native soils. . Therefore, some settlement could
eventually occur once structures and additional fill are
24 placed on the site.
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Ordinance No. 4660
March 1, 1994
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11. Stuck (White) River
The school property is set back 200 feet from the river
and is separated from the river by Roegner Park. The
nearness of this property to the river has .caused a
number of studies to be conducted. The subject of these
studies entailed the stability of the river bank and
potential flooding of the .area. These studies were
conducted prior to the preparation of the Environmental
Impact Statement (EIS) as well as the EIS contains
additional studies on the subject.
The studies have indicated two areas of concern. One
concern is that some areas of erosion have been
identified along the riverbank that is adjacent to
Roegner Park. Another concern is that the studies
indicate that gravel deposits are building up in the
river. This build up, if it continues, could be a
concern in that it would reduce the flood capacity within
the river itself. If the flood capacity is reduced
within the banks of the river then flooding could occur
outside of the existing banks of the river.
In the late 1970's, there was a substantial amount of
gravel material removed from the river in this area. The
material was used as fill for the park and school sites.
However, there is not an accurate record of how much
material had been removed then or previously.
There has also not been any historical monitoring of the
riverbed to determine how much gravel has been building
up and how much of an affect the previous gravel removal
has had.
While the school site is buffered by the City's 200 foot
wide park, this does not provide an absolute guarantee
that the school property could not be impacted by the
Stuck River. If the riverbank erosion is left unchecked,
if the gravel deposits are determined to be increasing,
and if the gravel deposits cannot be removed, then the
school property is at an increased risk.
If the City approves the rezone that allows this area to
be developed as a fairly intense public use, it then can
be assumed that the area can reasonably be protected from
any impacts caused by the river. With this in mind, the
City will begin a comprehensive monitoring program in
1994. The purpose of this monitoring program will be to
Ordinance No: 4660
March 1, 1994
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establish reliable bank erosion and streambed aggradation
data over the next 10 -15 years to ascertain whether the
stream presents a threat to property developed on the
south bank. During the annual low -flow season each year
the City will survey appropriate river cross sections at
selected intervals from river -mile 6.4 to 6.9. Each
cross section will be monumented on both banks to clearly
record consistent survey results. In addition, a
consistent photo log showing the south riverbank
condition and riverbed shoaling will be established to
reflect bank conditions at the same time of each survey.
Each yearly result of the survey will be sent to the
School District for their review.
At a minimum,. the City and School District should execute
a long -term agreement to address future riverbank erosion
and the build -up of gravel within the river itself.
12. Surface Water.
A. Since the site is undeveloped, the existing storm
water drainage either infiltrates into the ground,
flows to Roegner Park, or flows into an existing
drainage channel on site.. This channel is located
just west of the entrance to Roegner Park. The
channel receives water from Mill Pond and drainage
areas upland of Oravetz Road. The channel, through
the school site, is open and tree lined. Through
the park property it is piped underground and then
empties into the Stuck River. The channel also
provides fish the opportunity to migrate from Mill
Pond downstream to the River. As part of the school
construction project, the channel is proposed to be
widened and modified to accommodate design flows of
the Mill Pond detention basin. The channel will be
enhanced by planting vegetation typical of wetland
and local stream conditions. Fish and wildlife
habitat will also be increased.
B. A storm drainage plan has previously been prepared
for the entire Lakeland Hills development. This .
plan indicates that a storm drainage facility
consisting of conveyance, storage, and water quality
features was planned for a portion of the southwest
end of the school site. The facility was planned to
serve an area upstream from the school site.
Ordinance No. 4660
March 1, 1994
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This facility will not be constructed by the school in
that storm drainage from the developed school site will
either infiltrate into the ground or be conveyed to the
previously described storm drainage channel, or to Mill
Pond itself. This means that when areas develop upstream
of the school site that alternative sites for storm
drainage facilities will need to be secured by those
developers.
Mill Pond is, however, being designed as a regional storm
water facility. Therefore, the School District will be
expected to contribute their fair share for the
construction of the Mill Pond storm drainage facility.
13. Wetlands
There are seven small wetlands that exist on -site. The
total size of the wetlands is 0.59 acres. The wetlands
are clustered in the southwest portion of the site. All
of the wetlands have been disturbed and cleared by the
previous filling of the site. Therefore, their value is
not as high as an undisturbed wetland. 0.52 acres of the
wetlands are proposed to be cleared and filled as part of
the construction of the school project. To mitigate the
removal of the wetlands, it is proposed that additional
wetlands will be created as part of the modification, to
the drainage channel as well as enhancing and buffering
of the wetlands that will remain. The wetlands that will
remain on -site and those in Roegner Park are influenced
by water flowing across the school site to the wetland
areas. Once the school site is constructed, there must
remain sufficient hydrology to support the remaining
wetlands.
14. Plants and Animals
Since the site has been previously filled there is
limited vegetation on, site. and therefore would support
birds, small animals and reptiles. Most of the
vegetation will be lost during construction.
15. Historic and Cultural Resources
Previous cultural resource studies conducted on the
junior high school site, across the river, together with
the ethnohistoric and historic land use suggest portions
of the project area may have been suitable for temporary
hunter - gatherer campsites. However, the scouring of the
Ordinance No. 4660
March 1, 1994
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area by the river together with the previous filling of
the site have reduced the possibility of any cultural
deposits.
A cultural resource survey was conducted on this site.
The survey indicated that no potentially significant
hunter- gatherer or historic resources may exist. Even
though cultural resources may not be found a professional
archaeologist should be made available.
16. Noise
Noise will be generated during the construction phase and
then during the operation phase of the school itself.
The closest residential neighborhood is the White River
Mobile Home Park that is located on the north side of the
Stuck River. The closest single - family neighborhood in
Lakeland Hills is 1,000 Y feet away. A multi - family
development is proposed to be constructed just south of
Mill Pond Park. This proposal will be about 700 feet
away from the main campus.
It is anticipated that noise generated from the school,
once it is open, will not be an impact. The mobile home
park will not be adversely impacted due to its distance
and noise of the intervening river. The Lakeland Hills
development will not be impacted due to its distance and
the sloping hillside and its dense vegetation.
17. Light and Glare
The most notable source of light and glare would be from
the illumination of the athletic fields. The distances
as discussed in the noise section will help reduce any
impact to adjoining properties. "Cut -off" luminaries
could also be used to reduce any off -site light and glare
concerns.
18. Transportation
A. Vehicular Traffic
A detailed analysis of the proposal's impacts on the
transportation system was conducted as part of the SEIS.
Based upon the new school's population and a comparison
to similar high schools, it is projected that the high
school when it opens in 1995 will generate a total of
1,820 daily vehicle trips (a vehicle trip is a vehicle
Ordinance No. 4660
March 1, 1994
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exiting and entering the site, in this case 910
vehicles). These 1,820 daily trips were ..further
evaluated based upon the highest hour of background
traffic volume; the evening peak hour. Of these 1,820
daily trips, 120 would occur in the p.m. peak hour (4:30
to 5:30). This results in 35 vehicles entering the site
and 85 exiting.
It is estimated that 55 percent of the site - generated
trips would be to /from locations west of the project site
using the East Valley Highway / "A" Street S.E. corridor.
It is estimated that 35 percent of the site generated
trips would be to /from the east served by Kersey Way and
R Street S.E.. The remaining 10 percent would be to /from
locations south and east using Lakeland Hills Way and
Mill Pond Drive.
Based upon these projected traffic patterns, 16 area
intersections were analyzed for traffic Level of Service
impacts. Level. of Service (LOS) is a measure of
congestion, with LOS 'A' representing free flowing
conditions characterized by little delay and ranging. to
LOS "F" which represents delays and forced flow
conditions).
In 1995 without the high school traffic, 9 of the 16
intersections analyzed would operate, during the p.m.
peak hour, at a Level of Service less than the City's
adopted level of service policy. These intersections
include:
M Street SE /Auburn Way South
A Street SE /12th Street SE
A Street SE /17th Street SE
A Street SE /21st Street SE
A Street SE /29th Street SE
A Street SE /37th Street SE
East Valley Highway /Lakeland Hills Way
R Street SE /21st Street SE
R Street SE /29th Street SE
Oravetz Rd /Kersey Way
As expressed by the City's 1982 Comprehensive Traffic
Plan, the City seeks to maintain LOS C. While most of
the affected intersections are located in Auburn, one
intersection is located in. the City of Pacific (East
Valley Highway /Lakeland Hills Way). The other
intersections analyzed would operate at LOS C or better.
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March 1, 1994
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Under 1995 conditions with the proposed high school
- traffic, one additional intersection would experience a
decrease in level of service during the p.m. peak hour.
The intersection of Oravetz Road and Kersey Way would
drop by a letter designation from LOS "C" to LOS "D" and
also would not meet the City's level of service policy.
Thus, the high school will contribute additional vehicle
traffic to 10 area intersections which will not meet the
City's level of service policy. To mitigate the
project's traffic impacts it is proposed that the School
District participate in future intersection improvements
in a percentage equal to the percentage• of project -
generated vehicle traffic. The impacted intersections
include eight in the City of Auburn and one intersection
in the City of Pacific. Also, one intersection (M Street
and Auburn Way South) is not proposed for mitigation due .
a minimal project impact and improvements to the
intersection since the analysis was conducted.
B. Traffic Safety Impacts
The SEIS analysis also identifies that 3 of the project's
six driveways may have sight distance concerns. To
alleviate these concerns, the Auburn School District.. is
proposing to realign a section of Oravetz Road, beginning
at the intersection of Old and New Oravetz Roads, and
extending northeasterly towards Mill Pond Drive. Most of
the proposed realignment would occur in the City of
Auburn; however a small portion would occur within the
City of Pacific.
Additional pedestrian and bicycle traffic would be
generated by the high school. To mitigate any potential
impacts resulting from the additional pedestrian and
bicycle traffic, the School District will be providing
additional sidewalks as part of the realigning of Oravetz
Road. A continuous sidewalk will be provided, on the
north side of Oravetz Road, from the Ilako Elementary
School to the easterly boundary of the high school site.
The sidewalk will be 7.5 feet wide. There will also be
provided signs and markings typically found near a
school.
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March 1, 1994
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C. Other Transportation Issues
The realignment of Oravetz Road will result in the need
to relocate existing power poles. Since a new street is
to be constructed, it will be constructed to City
standards which should include the undergrounding' of all
utilities, including power.
The realignment will also result in the need to vacate
the right -of -way of Oravetz Road that would no longer be
used as well as the dedication of the right -of -way for
the new street.
There is also some existing dedicated right -of -way near
the intersection of Oravetz Road and Mill Pond Drive.
This right -of -way is not now being used for street
purposes. The right -of -way was for previous alignments
of Oravetz Road, but was never vacated. Portions of the
school site is proposed to be constructed over the right -
of -way; therefore, it will need to be vacated.
19. Fire
It is anticipated that with the location of the existing
fire stations, together with the proposed fire station
near the SuperMall, and the construction standards of the
school, that there will be no unacceptable impacts
created by the school.
20. Police
The School District currently provides police protection
for its existing facilities. This will also, be the case
for the new high school. It is not anticipated that
there will be any adverse impacts created by the school.
21. Sanitary Sewer
An existing 15 inch line is available and is adequate to
provide sewer service to the high school.
22. Water
In order to provide adequate water flow to the school
site, a 12 inch line needs to be extended to the site and
connect to an existing system. The waterline will then
be looped and will provide adequate flow. The waterline
will be extended from "A" Street S.E., along Oravetz
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March 1, 1994
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Road, to an existing line just west of Mill Pond Drive.
A short extension is required at the eastern boundary of
the site as well.
23. Comprehensive Plan Goals and Objectives and Policies
Related to the Project. See attachment "A ".
CONCLUSIONS OF LAW
It is concluded that the Comprehensive Plan Map amendment
and rezone may be approved based upon the following:
1. The enrollment has increased in the Auburn School
District to the extent that another high school is
needed.
2. There is limited land available in the south portion of
the School District, that is both large enough and not
physically constrained, to accommodate a high school
site.
3. The Lhigh school will be more compatible with the
adjoining parks than would be the proposed multi- family
use of the area.
4. An additional high school will also respond to the needs
of the Lakeland Hills development.
5. The change of zoning will allow for a more intense use on
the site. This increase in intensity will also require a
commensurate increase in public services to the site.
The project should be constructed and managed such that
it does not become an unexpected burden for the general
public.
6. A Supplemental Environmental Impact Statement (SEIS) has
been prepared for the project. The EIS identified a
number of concerns and mitigation measures which will
need to be addressed as part of the construction of the
project.
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March 1, 1994
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For each of the above referenced reasons, the
recommendation of the Planning Commission to the Auburn City
Council on the requested rezone and Comprehensive Plan Map
amendment is approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The above cited Planning Commission's
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Findings of Fact and Conclusions, are herewith incorporated in
this Ordinance.
Section 2. The property located on the north and south
sides of Oravetz Road, near its intersection with Mill Pond
Drive, legally described on attached Exhibit "B" and made a
part hereof as though set forth in full, situate in the City
of Auburn, County of King, State of Washington, be and the
same is hereby rezoned from Unclassified, R -4 (Multi- Family)
C -1 (Light Commercial) and C -3 (Heavy. Commercial) to P -1
(Public Use District) togetherwith a Comprehensive Plan Map
amendment from Multi- Family and General Commercial to Public
and Quasi Public subject to the following conditions:
CONDITIONS:
1. Earth
A. Temporary Erosion and Sedimentation Control Plan
(TESCP) is required and must, be approved by the
Public Works Director prior to issuance of any
construction permit. The plan shall employ Best
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Management Practices .(BMPs) in accordance with the
minimum requirements in the Auburn Developer Design
Manual, 1990 . King County Surface Water Drainage
Manual and /or the Department of Ecology,Stormwater
Management Manual for the Puget Sound Basin (The
Technical Manual) as appropriate for the time of
year and stage of construction.
2. Stuck (White) River
Prior to issuance of building permits the School District
and the City will execute a flood mitigation agreement
which clearly defines both party's future obligations to
monitor, assess, and finance solutions for potential
flood impacts that may be identified in the monitoring
program. The School District's responsibility would be
directly related to the school site only.
The following is the level of protection to be provided:
A. Freeboard for the 100 -year flood level of 3 feet
shall be maintained on the south bank between river
mile 6.4 and 6.9. The freeboard is measured from
the top of the water profile, during a 100 year
flood event, to the top of the adjacent levee.
B. All structures will be constructed at elevations at
least one foot above the 100 -year floodplain.
C. While it is understood that the City will make it's
best efforts to protect the park from river bank
erosion, the City reserves the right to utilize the
full width of Roegner Park to convey future flood
flows.
3. Surface Water
A. A storm drainage plan for on -site and off -site water
quantity and quality is required. The plan shall be
designed in accordance with the minimum requirements
in the Auburn Developer Design Manual and 1990 King
County Surface Water Drainage Manual and /or the
Department of Ecology Stormwater Management Manual
for the Puget Sound Basin (The Technical Manual).
The plan shall be approved by the Public Works
Director prior to issuance of any storm drainage
permit.
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March 1, 1994
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B. Prior to occupancy, the project proponent shall
enter into an agreement with the City for a pro -rata
cost - share of the future. Mill Pond regional
stormwater detention and water quality treatment
facility improvements. The agreement shall apply
only to the water quality and quantity improvements,
and will be based on the percentage of stormwater
volume impact to the facilities from Parcel 4 (as
illustrated on Figure 2 -2 of the FSEIS).
C. A hydraulic analysis and report of the channel
crossing Parcel 2 (as illustrated on Figure 2 -2 of
the FSEIS) is required. The analysis and report
shall be approved by the Public Works Director prior
to issuance of any storm drainage permit and shall
address the following elements:
(1) The analysis shall demonstrate the channel is
capable of conveying required drainage
flows while maintaining the proposed wetland
mitigation enhancement. The analysis
shall address upstream drainage influences,
including all off -site, street run -off and
Mill Pond flows, downstream conditions and
river backwater influences.
(2) The report shall address (but not limited to)
ownership, easements, access and maintenance
responsibilities.
4. Water
The following water system improvements are required
prior to occupancy:
A. Completion of the Valley Zone pressure loop
consisting of a 12 -inch water main extension along
Oravetz Road from Mill Pond Drive to Old . Oravetz
Road.
B. A connection from the. Valley Zone to the Lakeland
Hills Water System through a pressure reducing valve
(PRV) station is required to satisfy fire flow
requirements. The existing PRV station in the
vicinity of Parcel 1 (as illustrated on Figure 2 -2
of the FSEIS) may be relocated, or a new PRV station
installed in the Lakeland Hills Water System located
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near the intersection of Mill Pond Drive and Oravetz
Road.
5. Traffic
A. Prior to the issuance of any construction permits
for the site, the applicant shall be required to
enter into a traffic mitigation agreement with the
City of Auburn for the future improvements to meet
City level of service .standards by installing a
system of traffic signals to improve operational
characteristics in the area bounded by A Street SE
on the west, 12th Street SE on the North, R Street
on the east, and Oravetz Road on the South (the
location of the signals to be at A Street SE /17th
Street SE, A Street SE /29th Street SE, and R Street
SE /29th Street SE) at a cost share participation
rate equal to the traffic impacts tabulated below.:
Location
A Street
A Street
A Street
A Street
A Street
R Street
R Street
SE /12th St SE
SE /17th St SE
SE /21st St SE
SE /29th St SE
SE /37th St SE
SE /21st St SE
SE /29th St SE
Site- Total
Generated Entering Share
Volume Volume
14
17
21
28
35
24
31
2344
2362
2136
1958
1965
1624
1336
Total:
0.6
0.7
1.0
1.4
1.8
1.5
2.3
9.3%
The School District may contribute its pro -rata share of
the costs to install a traffic signal at each
intersection at the time each intersection is signalized.
Or, provide a one -time payment, to the City, equivalent
to 9.3% of the City engineer's estimated cost to install
a traffic signal at one intersection.
B. Prior to the issuance of any construction permits
for the site, the applicant shall be required to
enter into a traffic mitigation agreement the
City of Auburn for the future improvements . to meet
City level of service standards at the intersection
of Oravetz Rd /Kersey Way equal to a pro -rata share
based on 39 site - generated trips divided by 1225
total trips, or 3.2 %. The School District may
Ordinance No. 4660
March 1, 1994
Page 15
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contribute its pro -rata share at the time the
intersection is improved or provide a one -time
payment, equivalent to 3.2% of the City Engineer's
estimated cost to improve the intersection.
C. Prior to issuance of any construction permits for
the site, the applicant shall be required to enter
into a traffic mitigation agreement with the City of
Pacific for future intersection improvements at the
intersection of East Valley Highway /Lakeland Hills
Way at a rate equal to a pro -rata share based on 68
site- generated trips divided by 1775 total trips or
3.8%.
D. Prior to occupancy of the development, the applicant
shall be responsible for installing all advance
warning signs, and school zone signs, as required by
the Manual on Uniform Control Devices (MUTCD), and
City design policies.
6. Right -of -way
Prior to the issuance of any construction permits that
impact the existing right -of -way on Parcel Number 4, as
illustrated on Figure 2 -2 of the FSEIS, a Right -of -way
Use Permit shall be required. Prior to the occupancy of
buildings for the development, all existing public right -
of -way within the Parcel Number 4 shall be vacated as is
necessary.
7. Wetlands
A. On -site wetlands shall be enhanced and relocated in
general accordance with the recommendations
identified in the "Conceptual Wetland Mitigation
Plan, Auburn School District New High School" dated
August 6, 1993 as required and as approved by the
Planning and Public Works Directors. Major elements
of the proposed wetlands mitigation plan shall
include the following:
1. Prior to issuance of a grading permit allowing
earthwork altering the existing drainage on
Parcel 9 (as illustrated on Figure 2 -2 of the
FSEIS) and within 100 feet of the drainage
channel across Parcel 2, a final wetland
mitigation plan, report, monitoring program,
maintenance plan and contingency plan shall be
Ordinance No. 4660
March 1, 1994
Page 16
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submitted for review and approval in general
accordance with recommendations of the
"Conceptual Wetland Mitigation Plan" report.
The plan shall establish goals and objectives
to monitor and measure the success of the
wetland mitigation project. It should include
areas of flattened slopes (ranging from 4:1 to
6:1) adjacent to the existing wetlands. It
should further demonstrate that the overall
post - development site hydrology will not
negatively impact existing and relocated
wetlands.
2. As directed, the proponent shall be required to
provide the Auburn Building Official with the
services of a Biologist and Civil Engineer with
expertise in wetlands enhancement and
relocation, for the purposes of inspecting
wetland work activities for conformance with
approved plans and specifications. In
addition, the Biologist shall be retained for a
minimum of five years following completion of .
all wetlands work to monitor the progress of
the relocated and enhanced wetlands, and to
manage the replacement of unsuccessful plant
and habitat materials in accordance with
approved plans. A minimum of biannual
monitoring and inspection reports, indicating
achievement of goals and objectives, and
project status shall be filed with the Building
Official throughout the monitoring program,
with a final report provided at the end of the
monitoring program. This condition does not
preclude the School District's use of
biological or other professional services of
choice during the process of project
construction; however, this practice will not
be considered as meeting the stated condition.
3. Filling and grading for the site and wetlands
mitigation work may occur concurrently. All
wetland mitigation work shall be completed
prior to issuance of a certificate of
occupancy.
4. Prior to the issuance of construction permits,
an appropriate security equivalent to the cost
of all wetlands work shall be submitted to the
Ordinance No. 4660
March 1, 1994
Page 17
94042 1519
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Building Official. Security equivalent shall
be kept active for a minimum of five years
following completion of all wetlands work in an
amount commensurate with the monitoring program
and contingency plan. At the end of the five
year monitoring program, the City shall
determine if the remaining security can be
returned, or if the contingency plan should be
implemented and monitoring program extended.
5. Following completion and acceptance of all
wetland mitigation work, no clearing grading or
building construction shall .occur within the
areas prescribed for wetland mitigation, except
as may be authorized by the Public Works or
Planning Director for protection of public
health, safety and welfare; maintenance
purposes; passive recreation improvements; or
contingency mitigation work.
6. The wetland mitigation areas shall be clearly
indicated on all construction plans approved by
the City, indicating the purpose and :any
limitations on the use of the area.
7. The proposed wetland mitigation areas shall. be
designed to provide native vegetation and
habitat features in replacement for these
features lost to the proposed construction.
The number of habitat snags provided should be
correlated to the number existing on -site.
B. A hydrologic and hydraulic analysis is required for
the off -site water currently draining to the
wetlands on Parcel 9 (as illustrated on Figure 2 -2
of the FSEIS). The analysis shall address the
existing dynamics of hydrologic support for Wetlands
20 2 and 4 and the proposed conveyance and infiltration
system as discussed on page 53 of the Final SEIS .
21 The analysis shall be approved by the Public Works
Director prior to issuance of a grading permit
22 allowing earthwork altering_the existing drainage on
Parcel 9 (as illustrated on Figure 2 -2 of the
FSEIS).
23
24 C. The purpose and intent of the following condition is
to discourage the uncontrolled intrusion of humans
into the wetland mitigation areas and still provide
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Ordinance No. 4660
March 1, 1994
Page 18
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a passive recreation and educational opportunity.
The following information and improvements, shall be
provided:
1. A minimum of three interpretative signs shall
be installed and maintained as part of the
development's wetland mitigation. These signs
shall indicate.the wetland location, type of
vegetation and wildlife species present, the
wetland's role in the ecosystem and
restrictions related to the use of the wetland
mitigation area. The - information portrayed on
each sign shall be related to the sign's
proximity to the wetland. The construction and
location of the signs shall be approved by the
Planning Director.
8. Historic and Cultural Resources
The School District shall provide to the City's Building
Official the services of a professional archaeologist to
monitor excavation and utility earthwork at Parcels 2.and
9 (as illustrated on Figure 2 -2 of the FSEIS) on a
sampling basis when native soils are penetrated or
exposed. The level of monitoring may be modified during
these construction activities based on the results of the
sampling, and as deemed appropriate by the archaeologist.
If cultural deposits are discovered during these
activities, work shall halt in an area large enough to
maintain integrity until the cultural deposits have been
evaluated for their significance. The City of Auburn,
the Office of Archaeology and Historic Preservation, and
(for Native American artifacts) the Muckleshoot Indian
Tribe would be notified.
Section 3. 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 Auditor, Division of Records and
Elections.
Ordinance No. 4660
March 1, 1994
Page 19
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Section 4. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 5. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
ATTEST:
INTRODUCED: //5/94
PASSED:
APPROVED: /5" 9 T
M A Y I O R
Robin Wohlhueter, 47a4,
City Clerk
PROVED AS TO FORM:
Michael J. Reynolds,
Acting City Attorney
Ordinance No. 4660
March 1, 1994
Page 20
PUBLISHED:
9404271519
RELATED COMPREHENSIVE PLAN GOALS, OBJECTIVES AND POLICIES
Policies:
53.2. Development shall be allowed only when and where all public facilities are - adequate, and only when
and where such development can be adequately served by essential public services without reducing
level of service elsewhere.
53.5. Where any public facility is approaching its capacity, a development may be denied if it is found that
the development will promote future development, the cumulative effort of which -will be to exceed the
capacity of such public facility. (Res. 1973)
53.7. The City shall encourage the safe, efficient and convenient transportation of people and :goods, :and
shall encourage and approve development only where adequate transportation; facilities exist or will be
made available prior to project occupancy or use Emphasis should be placed on the adequacy of street
systems (through such measures as "level -of- service" standards) and storm drainage' systems. (Res.
1973)
53.8. The City shall encourage and approve development only where adequate public services including
police protection, fire and emergency medical services, education, parks and other recreational
facilities, solid waste collection, and other governmental services are availablecor: Will be made available
at acceptable levels of service prior to project occupancy or use. Demand for City services (e.g. fire,
police, recreation) compared to level of support for such services.Will also be given substantial
consideration when reviewing large development proposals. (Res. 1973)
8.2.1. The visual impact of large new developments should be a priority consideration in their review and
approval.
82.4. All new development shall be required to underground utilities.
Goal 11.
To maintain and promote a safe and healthy environment and preserve the quality of life, and
to protect the area's most unique, sensitive and productive natural resources, by identifying
significant environmental constraints and opportunities and developing specific policies and
development regulations.
Objective 11.1. To continue to enhance and maintain the quality of surface water, ground water, and shoreline
resources in the City and region. (Res. 1973; Res. 2146)
Policies:
11.1.2. The City shall seek to minimize surface water quality degradation and the sedimentation of creeks,
streams, rivers, ponds, lakes and other water bodies; to preserve and enhance the suitability of such
water bodies for contact recreation and fishing and to preserve and enhance the aesthetic quality of
such waters. (Res. 1973)
11.2.1. The capacity of natural drainage courses shall not be diminished. The City's design standards shall
ensure that the post development peak stormwater runoff rate during the "design storm" does not
exceed the predevelopment rate. (Res. 2146)
ATTACHMENT A
V
9404271519
' 11.1.8. The City shall consider the impacts of new development on water quality as part of its environmental
review process and require any appropriate mitigating measures. Impacts on fish resources shall be a
priority concern in such reviews.
11.23. Wherever feasible, storm drainage should be conveyed through above ground vegetated swales to
provide natural biofiltration of pollutants and sedimentation. In all new development, natural
biofiltration or other approved treatment measures shall be required prior to discharging storm waters
into environmentally sensitive areas (e.g., wetlands, rivers). (Res. 2146)
11.2.7. The City recognizes the value and efficiency of utilizing existing natural systems for storm water
conveyance and storage. However, natural systems can be severely impacted or destroyed by the
uncontrolled release of contaminated storm waters. Prior to utilizing natural systems for storm
drainage purposes, the City shall carefully consider the potential for adverse impacts, and ensure that
such impacts are appropriately mitigated or avoided. Important natural systems (e.g. wetlands) should
not be used for storm drainage storage or conveyance unless it can be demonstrated that adverse
impacts can be avoided. (Res. 2146)
113.2. The City recognizes that wetlands provide varying degrees of biological and hydrological functions and
values to the community depending on the size, complexity and location of the individual system, and
that the overall degree of functions and values should be considered when reviewing proposals which
impact wetlands.
1133. The City shall consider the impacts of new development on the quality of wetland resources as part of
its environmental review process and shall require appropriate mitigation and monitoring measures of
important wetland areas. Such mitigation may involve conservation, enhancement or relocation of
important wetlands, and provisions for appropriate briefing.
11.6.1. The City shall encourage the protection, preservation, recovery and rehabilitation of significant
archaeological resources and historic sites. (Res. 1973)
11.4.2. Auburn will seek to retain areas with slopes in excess of 25 percent as primarily open space areas in
order to protect against erosion and landslide hazards and to help conserve Auburn's identity within the
metropolitan region. Land clearing or other significant removal of vegetation on such slopes shall be
regulated by permit.
12.1.1. The City shall seek to protect human health and safety, to minimize damage to property, and to foster
the comfort and convenience of area inhabitants by minimizing the potential for and extent of flooding
and inundation. (Res. 1973)
12.1.7. The City's development standards should require control and management of storm waters in a manner
which minimizes impacts from flooding. (Res. 2146)
23.5.1. The City shall continue to enforce the policy of requiring developers of new developments to construct
streets directly serving the development, including specific off -site improvements. The City shall also
explore ways that new developments can encourage van pooling, car pooling, public transit use and
other alternatives to single occupant vehicle travel.
23.5.2. All new development should contribute by means of a system development charge or similar fiscal
devise, to the cost of needed improvements to the City arterial system.
23.5.6. General revenues for street improvements should be primarily directed at providing for, the orderly
development of general circulation in accord with the adopted six year street plan. The basic criteria
for such funding should be the benefit of the project to general circulation, not the benefit to affected
properties. Use of general revenues to encourage formation of LIDs should only be a secondary
concern and considered appropriate only to address particularly significant problems. Where it is
possible to establish a direct relationship between a needed improvement and a development, the
development should be expected to contribute to its construction.
Goal 26.
Objective 26.1.
Policy 26.1.1.
pc \app \relate
9404271519
To provide for the appropriate location and development of public and quasi -public facilities
that serve the cultural, education, recreational, religious and public service needs of the
community.
To provide for the appropriate location and development of public and quasi -public facilities
that are regularly visited by those served
The location of religious institutions, private schools, community centers, parks and sirri ar
public or quasi -public facilities shall be related to the size of the facility and the area served.
Small facilities intended to serve one or two residential neighborhoods may be located within a
neighborhood. Larger facilities with larger service areas shall be located along arterials, and
may require buffering where adjacent to residential uses. Unusually large facilities having
service areas that extend substantially beyond the City limits should be restricted to principal
arterials, and may require extensive buffering from adjacent uses.
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THENCE NORTH 28 DEGREES 59 MINUTES 08 SECONDS WEST A DISTANCE OF 49.62
FEET TO A POINT OF CURVATURE;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 235.00 FEET AND A
CENTRAL ANGLE OF 50 DEGREES 29 MINUTES 02 SECONDS AN ARC DISTANCE OF
207.06 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE TA -WEEL
MEMORIAL PARK AS CONVEYED BY DEEDS RECORDED UNDER RECORDING NOS.
8906290993 AND 8911060340;
THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 42 DEGREES 06 MINUTES 57
SECONDS EAST A DISTANCE OF 306.55 FEET
THENCE NORTH 44 DEGREES 29 MINUTES 00 SECONDS EAST A DISTANCE OF
722.69 FEET TO A POINT ON THE SOUTH LINE OF 41ST STREET SOUTHEAST;
THENCE ALONG SAID SOUTH LINE SOUTH 88 DEGREES 51 MINUTES 27 SECONDS
EAST 223.30 FEET TO THE TRUE POINT OF BEGINNING;
SITUATE IN THE CITY OF AUBURN, COUNTY OF RING, STATE OF WASHINGTON.
9404271519
Ordinance No. 4660
Exhibit "B"
Page 2
9404271519
A PARCEL OF LAND SITUATE IN THAT PORTION OF THE NORTHWEST 1/4 OF
SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST W.K. AND OF THE PARKER
HOMESTEAD, AS PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGE 51, RECORDS
OF KING COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS - SURFACE MONUMENT MARKING THE NORTHWEST CORNER OF
SAID SECTION 31, FROM WHICH POINT A CONCRETE MONUMENT WITH A
TACK -IN -LEAD MARKING THE NORTHEAST CORNER THEREOF BEARS SOUTH 88
DEGREES 51 MINUTES 27 SECONDS EAST A DISTANCE OF 5164.02 FEET;
THENCE SOUTH 88 DEGREES 51 MINUTES 27 SECONDS EAST ALONG THE NORTH
LINE OF SAID SECTION 31 A DISTANCE OF 1892.08 FEET TO A POINT, SAID
POINT LYING NORTH 88 DEGREES 51 MINUTES 27 SECONDS WEST A DISTANCE OF
626.44 FEET FROM A 2 -INCH BRASS DISK SET IN CONCRETE (3/28/88) MARKING
THE THEORETICAL 1/4 CORNER BETWEEN SECTIONS 30 AND 31;
THENCE SOUTH 01 DEGREES 08 MINUTES 33 SECONDS WEST AT A RIGHT -ANGLE TO
THE SUBDIVISION LINE A DISTANCE OF 834.06 FEET TO THE TRUE POINT OF
BEGINNING, WHICH POINT LIES ON A CURVE WHOSE CENTER BEARS SOUTH 00
DEGREES 40 MINUTES 56 SECONDS EAST;
THENCE ON A CURVE TO THE RIGHT, WITH A RADIUS OF 330.00 FEET, THROUGH
A CENTRAL ANGLE OF 02 DEGREES 04 MINUTES 32 SECONDS, AN ARC DISTANCE
OF 11.95 FEET TO A POINT OF COMPOUND CURVATURE;
THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 175.00 FEET, THROUGH A
CENTRAL ANGLE OF 59 DEGREES 37 MINUTES 15 SECONDS, AN ARC DISTANCE OF
182.10 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 28 DEGREES 59 MINUTES 08 SECONDS EAST A DISTANCE OF 49.62
FEET TO A POINT OF CURVATURE;
THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 183.46 FEET,, THROUGH A
CENTRAL ANGLE OF 21 DEGREES 35 MINUTES 17 SECONDS, AN ARC DISTANCE OF
69.12 FEET TO A POINT OF REVERSE CURVATURE;
THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 30.00 FEET, THROUGH A
CENTRAL ANGLE OF 79 DEGREES 18 MINUTES 11 SECONDS, AN ARC DISTANCE OF
41.52 FEET TO THE WESTERLY MARGIN OF THE PROPOSED REALIGNMENT OF
ORAVETZ ROAD 1985 REALIGNMENT;
THENCE SOUTH 28 DEGREES 43 MINUTES 45 SECONDS WEST ALONG SAID MARGIN A
DISTANCE OF 677.78 FEET
THENCE SOUTH 60 DEGREES 58 MINUTES 52 SECONDS EAST A DISTANCE OF 6.35
FEET TO A POINT ON THE MARGIN OF ORAVETZ ROAD CORRECTED ALIGNMENT AS
FOUND IN KING COUNTY SURVEY NO. 31- 21 -5 -1, IN FIELD BOOK 1246, PAGES
1 -10, CORRECTED 10/29/58, WHICH POINT LIES ON A CURVE WHOSE CENTER
BEARS NORTH 60 DEGREES 58 MINUTES 52 SECONDS WEST;
THENCE ALONG SAID MARGIN THE FOLLOWING FIVE COURSES;
THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 1402.69 FEET, THROUGH
A CENTRAL ANGLE OF 04 DEGREES 43 MINUTES 05 SECONDS, AN ARC DISTANCE
OF 115.51 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 33 DEGREES 44 MINUTES 13 SECONDS WEST A DISTANCE OF
154.99 FEET TO A POINT OF CURVATURE;
THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 379.51 FEET, THROUGF
A CENTRAL ANGLE OF 33 DEGREES 04 MINUTES 54 SECONDS, AN ARC DISTANCE
OF 219.12 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 66 DEGREES 49 MINUTES 07 SECONDS WEST A DISTANCE OF
171.24 FEET TO A POINT OF CURVATURE;
Ordinance No. 4660
Exhibit "B"
Page 3
•
THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 316.48 FEET, THROUGH :A.
CENTRAL ANGLE OF 13 DEGREES 02 MINUTES 17 SECONDS, AN ARC ISTANCE' 0?
72.02' .FEET;
THENCE. LEAVING SAID MARGIN, NORTH 36, DEGREES 13 MINUTES 10 SECONDS
WEST A DISTANCE OF 356.26 FEET.: TO_THE.BOUNDARY OF TA- WEEL= IORIAL
PARR, AS CONVEYED, BY DEED RECORDED'- UNDER RECORDING NO.,89062,90993 AT A
POINT ON A CURVE WHOSE CENTER. BEARS' -NORTH 36 DEGREES 13-MINUTES 10
SECONDS, WEST;,
THENCE _ ALONG SAID BOUNDARY THE, FOLLOWING FOUR COURSES;
THENCE ON A CURVE: TO THE LEFT, WITH A 'RADIUS OF 661.14 FEET, `T) 0UGH A
CENTRAL ANGLE OF 34 DEGREES 09 MINUTES 05 SECONDS,. AN ARC DISTANCE'OF
394.08 FEET TO A POINT-0F TANGENCY;
THENCE NORTH 19 DEGREES 37 MINUTES 45 SECONDS EAST A DISTANCE OF
139.04. FEET;
THENCE NORTH 46 DEGREES 03 MINUTES 15' SECONDS EAST A DISTANCE OF
449.11 FEET;
THENCE NORTH 42 DEGREES 06 MINUTES 57 SECONDS EAST A:DISTANCE OF
335.24 FEET TO THE TRUE POINT OF BEGINNING;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF-WASHINGTON.
9404271519
Ordinance.No. 4660
Exh'ibi't
"a"
Page 4
9404271519
A PARCEL OF LAND SITUATE
NORTHWEST 1/4 OF SECTION
OF THE PARKER HOMESTEAD,
PAGE 51, RECORDS OF RING
IN THAT PORTION OF THE EAST 1/2 OF THE
31, TOWNSHIP 21 NORTH, RANGE 5 EAST W.M. AND
AS PER PLAT RECORDED IN VOLUME 8 OF PLATS,
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS- SURFACE MONUMENT MARRING THE NORTHWEST CORNER OF
SAID SECTION, FROM WHICH POINT THE CONCRETE MONUMENT WITH TACK -IN -LEAD
MARKING THE NORTHEAST CORNER THEREOF BEARS SOUTH 88 DEGREES 51 MINUTES
27 SECONDS EAST;
THENCE SOUTH 88 DEGREES 51 MINUTES 27 SECONDS EAST A DISTANCE OF
2518.52 FEET TO A 2 -INCH BRASS DISK SET IN CONCRETE (3/28/88) MARRING
THE THEORETICAL 1/4 CORNER BETWEEN SECTIONS 30 AND 31, WHICH POINT IS
ALSO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 FROM WHICH POINT A
1 -INCH IRON BAR AT THE SOUTHEAST CORNER OF SAID PLAT OF THE PARKER
HOMESTEAD AND SOUTHEAST CORNER OF SAID NORTHWEST 1/4 BEARS SOUTH 00
DEGREES 55 MINUTES 20 SECONDS WEST;
THENCE SOUTH 00 DEGREES 55 MINUTES 20 SECONDS WEST ALONG SAID LINE A
DISTANCE OF 985.21 FEET TO THE NORTH LINE OF MILL POND PARR AS
CONVEYED BY DEED RECORDED UNDER RECORDING NO. 8906290986;
THENCE NORTH 89 DEGREES 04 MINUTES 40 SECONDS WEST ALONG SAID PARR A
DISTANCE OF 287.06 FEET TO THE EAST MARGIN OF ORAVETZ ROAD 1985
REALIGNMENT PROPOSED;
THENCE SOUTH 28 DEGREES 43 MINUTES 45 SECONDS WEST ALONG SAID MARGIN A
DISTANCE OF 127.92 FEET TO A POINT OF CURVATURE AND THE TRUE POINT OF
BEGINNING;
THENCE LEAVING SAID EASTERLY MARGIN AND FOLLOWING THE WESTERLY
BOUNDARY OF MILL POND PARR THE FOLLOWING 6 COURSES;
THENCE A NON- TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET,
AND A CENTRAL ANGLE OF 106 DEGREES 15 MINUTES 58 SECONDS THE CENTER OF
WHICH LIES SOUTH 61 DEGREES 16 MINUTES 15 SECONDS EAST, AN ARC
DISTANCE OF 37.09 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 45 DEGREES 00 MINUTES 17 SECONDS EAST A DISTANCE OF 79.74
FEET;
THENCE SOUTH 02 DEGREES 23 MINUTES 35 SECONDS EAST A DISTANCE OF
297.00 FEET
THENCE SOUTH 40 DEGREES 43 MINUTES 56 SECONDS EAST A DISTANCE OF
237.54 FEET;
THENCE SOUTH 07 DEGREES 51 MINUTES 12 SECONDS EAST A DISTANCE OF
146.37 FEET;
THENCE SOUTH 82 DEGREES 08 MINUTES 48 SECONDS WEST A DISTANCE OF
155.55 FEET TO THE NORTH LINE OF MILL POND DRIVE, AS PER PLAT OF
LAKELAND HILLS DIVISION NUMBER 2, AS PER PLAT RECORDED IN VOLUME 126
OF PLATS, PAGES 3 THROUGH 5, RECORDS OF RING.COUNTY;
THENCE NORTH 72 DEGREES 57 MINUTES 05 SECONDS WEST (PLAT NORTH 74
DEGREES 44 MINUTES 36 SECONDS WEST) A DISTANCE OF 143.01 FEET TO A
POINT OF CURVATURE;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET AND P
CENTRAL ANGLE OF 51 DEGREES 14 MINUTES 30 SECONDS, AN ARC DISTANCE OF
152.04 FEET TO A POINT OF REVERSE CURVATURE;
Ordinance No. 4660
Exhibit "B"
Page 5
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9404271519
A PARCEL OF LAND LYING IN A PORTION OF THE NORTHWEST 1/4 OF SECTION
31,. TOWNSHIP 21 NORTH, RANGE 5 EAST W.K. AND OF THE PARKER HOMESTEAD,
AS PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGE 51, RECORDS OF RING
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS SURFACE MONUMENT MARRING THE NORTHWEST CORNER OF
SAID SECTION 31, AS INDICATED IN RING COUNTY RECORD OF SURVEY UNDER
RECORDING NO. 8807289001, FROM WHICH POINT A CONCRETE MONUMENT WITH A
TACK -IN -LEAD MARKING THE NORTHEAST CORNER THEREOF BEARS SOUTH 88
DEGREES 51 MINUTES 27 SECONDS EAST A DISTANCE OF 5164.02 FEET;
THENCE SOUTH 88 DEGREES 51 MINUTES 27 SECONDS EAST A DISTANCE OF
1085.28 FEET TO A POINT, WHICH POINT BEARS NORTH 88 DEGREES 51 MINUTES
27 SECONDS WEST A DISTANCE OF 1433.24 FEET FROM A TWO -INCH BRASS DISK
SET IN CONCRETE MARCH 28, 1988, MARKING THE THEORETICAL 1/4 CORNER
BETWEEN SECTIONS 30 AND 31;
THENCE SOUTH 01 DEGREES 08 MINUTES 33 SECONDS WEST AT RIGHT ANGLES A
DISTANCE OF 1852.95 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 36 DEGREES 13 MINUTES 10 SECONDS EAST A DISTANCE OF
356.26 FEET TO A POINT ON THE NORTHERLY MARGIN OF ORAVETZ ROAD
CORRECTED ALIGNMENT AS FOUND IN RING COUNTY SURVEY 31- 21 -5 -1, FIELD
BOOK 1246, PAGES 1 THROUGH 10, CORRECTED OCTOBER 29, 1958;
THENCE ALONG SAID MARGIN THE FOLLOWING FOUR COURSES;
THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 316.48 FEET, THE CENTER
OF WHICH BEARS SOUTH 36 DEGREES 13 MINUTES 10 SECONDS EAST, THROUGH A
CENTRAL ANGLE OF 25 DEGREES 36 MINUTES 43 SECONDS, AN ARC DISTANCE OF
141.47 FEET
THENCE SOUTH 28 DEGREES 10 MINUTES 07 SECONDS WEST A DISTANCE OF
288.66 FEET;
THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 143.62 FEET, THROUGH A
CENTRAL ANGLE OF 62 DEGREES 40 MINUTES 29 SECONDS A DISTANCE OF 157.10
FEET;
THENCE NORTH 89 DEGREES 09 MINUTES 24 SECONDS WEST A DISTANCE OF
482.79 FEET TO THE EAST LINE OF THE WEST 500 FEET OF SAID SECTION;
THENCE LEAVING SAID MARGIN NORTH 01 DEGREES 47 MINUTES 54 SECONDS EAST
ALONG SAID EAST LINE A DISTANCE OF 410.74 FEET TO THE SOUTHERLY LINE
OF TA -WEEL MEMORIAL PARK;
THENCE NORTH 64 DEGREES 34 MINUTES 18 SECONDS EAST ALONG SAID PARK
BOUNDARY A DISTANCE OF 564.21 FEET;
THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 661.14 FEET, THROUGH A
CENTRAL ANGLE OF 10 DEGREES 47 MINUTES 28 SECONDS, AN ARC DISTANCE OF
124.52 FEET TO THE TRUE POINT OF BEGINNING;
SITUATE IN THE CITY OF AUBURN, COUNTY OF RING, STATE OF WASHINGTON.
Ordinance No. 4660
Exhibit 13"
Page 7
9408040877
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:CITY CLERKS OFFICE
CITY OF AUBURN
25 West Main
Auburn, WA 98001
,5 319 1
ORIGINAL
AGREEMENT BETWEEN CITY OF AUBURN AND AUBURN.BCHOOL DISTRICT
FOR RIVER:MITIGATION
THIS AGREEMENT is made and entered into this e2iL day of
April, 1994, by and between the CITY OF AUBURN, a municipal
corporation of the State of Washington organized under title
35A, RCW whose address is 25 West Main, Auburn, Washington
98001, hereinafter referred to as "CITY ", and the AUBURN
SCHOOL DISTRICT NO. 408, a municipal corporation of the State
of Washington, hereinafter referred to as "SCHOOL DISTRICT ".
WHEREAS, the SCHOOL DISTRICT has requested a rezone of
certain property located to the southeast of the CITY'S
Roegner Park which lies adjacent to the Stuck (White) River
for the construction of a new high school facility; and
WHEREAS, the CITY has set forth in its Ordinance No. 4660
provisions allowing for such rezone provided •conditions are
met; and
WHEREAS, one of the conditions contained within the
rezone ordinance is for the establishment of an agreement
between the CITY and SCHOOL DISTRICT related to potential
impacts of locating a school on property in the vicinity of
the Stuck (White) River and the agreement shall address cost
sharing of the identified solution to impacts; and
WHEREAS, actual issues to be mitigated are impossible to
determine at this point in time; and
Agreement - Auburn School District
;April 22, 1994
Page 1 (legal /agree: A -ASD6)
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WHEREAS, monitoring shall take place to determine the
nature of impacts that will require mitigation; and
WHEREAS, the parties acknowledge the fact that there is a
potential for the river to endanger the SCHOOL DISTRICT'S and
CITY'S property.
NOW, THEREFORE, BASED UPON THE ISSUES, THE PARTIES AGREE
AS FOLLOWS:
1. Monitoring: CITY agrees to monitor the Stuck (White)
River in the vicinity of the proposed high school site for the
purposes of determining if any changes occur in the river
which ultimately may result in any danger to property in the
immediate vicinity. The nature and type of monitoring shall
be at the CITY's sole discretion.
2. Costs of monitoring: CITY agrees pay all costs of
monitoring.
3. Responsibility for identifying solutions, bearing
the costs of identifying solutions, and bearing the costs of
implementing the solutions: In the event monitoring results in
a conclusion by the CITY that solutions must be identified
which would address changes in river conditions which changes
could result in damage to CITY and SCHOOL DISTRICT property,
then the costs of identifying the solutions shall be paid for
by the parties equally. In the event of a dispute, the CITY
shall approve any solutions that are to be implemented. The
Agreement - Auburn School District
April 22; 1994
Page 2 (legal /agree: A -ASD6)
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parties recognize the difficulty of pre - determination of the
nature of a solution but desire to establish a methodology to
handle implementation and cost allocation should the need
arise.
First, an agreement between the parties is necessary for
a solution if such solution affects both parties' properties.
If only one parties' property is affected, that party that is
owner shall take whatever action it deems necessary to protect
its own property and shall hold the other party harmless.
The parties shall work toward agreement on a solution
should both parties' properties be affected.
If an agreement is not achieved on a solution, the
parties shall appoint a person with engineering credentials
who is an expert on developing such solution and shall accept
that person's recommended solution. However, if either party
is not satisfied with that solution, that party may seek to
have either a arbitrator with expertise, or a Judge of King
County Superior Court, as appointed by the Presiding Judge, to
make such determination on a solution which shall be binding.
Second, an agreement on allocation of costs of
implementing such solution to protect both properties is
necessary.
It is the desire of the parties to agree on such
allocation based upon the solution implemented and the long
Agreement - Auburn School District
• April 22, 1994
Page-3 (legal /agree: A-ASD6)
9408040877
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term benefit of such solution. Should the parties be unable
to agree, then the cost allocation shall be established as
follows:
Each party shall select an arbitrator, who
shall select a 3rd arbitrator, and the three
arbitrators by majority vote shall allocate costs
taking into consideration extent of projected damage
to each party's property, the :costs of such a loss,
the long term benefit of the implementation, the
life remaining on the property, the environmental
damage that may result from loss, the extent the
implementation shall improve each parties property.
In the event either party disagrees with the
allocation of the costs of implementation then, in
that event, the party may request the' Presiding
Judge of King County Superior Court appoint a Judge
to determine such allocation.
4. Costs of mitigating an impact to CITY property: The
CITY shall be responsible for all mitigation of impacts which
shall cause danger solely to CITY property including but not
limited to CITY park property immediately adjacent to the
river.
5. Costs of mitigation of impacts to SCHOOL DISTRICT
property: In the event the SCHOOL DISTRICT unilaterally
determines that the SCHOOL DISTRICT property is at risk as a
result of the monitoring, in that event, the SCHOOL DISTRICT
be responsible for all costs associated with the protection of
its property.
6. CITY option to sacrifice property: In the event the
CITY park property, which is between the proposed high school
Agreement - Auburn School District
April 22, 1994
Page 4 (legal /agree: A -ASD6)
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and the river is endangered, the CITY may, at it's option,
sacrifice such property to changes in the flow of the river.
In such event that the CITY allows a sacrifice of the park
property between the river and the proposed high school, then,
in that event, the SCHOOL DISTRICT may take whatever measures
are necessary, on CITY property with CITY approval, to,protect
the SCHOOL DISTRICT property at the SCHOOL DISTRICT'S sole
expense. This situation should only occur in a catastrophic
loss situation where the CITY has determined that it is not
cost effective to protect it's park.
7. Cooperation to resolve disputes: The parties agree
to cooperate . to resolve all issues involving both the
monitoring and the mitigation measures to preserve both CITY
and SCHOOL DISTRICT property. In the event a dispute occurs,
the parties immediately agree to an arbitrator to resolve such
dispute, except as to dispute procedures to address
identifying solutions and cost allocations set forth in
Section 3 above If unable to agree on an arbitrator with
sufficient expertise, the parties agree to petition the King
County Superior Court for the appointment of an arbitrator to
take immediate action to resolve any dispute.
Agreement - Auburn School District
:'April 22, 1994
Page 5 .(legal /agree: A-ASD6)
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