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HomeMy WebLinkAbout5971 ... -, , I -2 1'/ ? \ (r{ . :>,~ ( ( , (~ ".J- ,. , 4 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 Jl~6ijI2~llll~lrJrJIII PACIFIC NU TIT ORD 64 00 PAGE001 OF 033 . 02/10/2006 1S:46 KING COUNTY, UA - - -- - RECORDER'S COVER SHEET - - - - - - - --- Document Title(s) (or transactions contained therein): C ~ -;;_"", " ,\ ~',+---- \-\ ~.N \ ,- v-J ~ t::f.<:> . I. Rezone (Planned Unit Development) (Ordinance No. 5971) ci) \\A- Reference Number(s) of Documents assigned or released: DAdditional reference #'5 on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) City of Auburn Grantee/Assignee/Beneficiary: (Last name first) 1. Centex Homes Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Generally a portion of the George E King Donation Land Claim No. 40 in Section 31, Township 21 Range 5EWM [gJ Additional legal is on page 33 of document. Assessor's Property Tax Parcel/Account Number 000420-0023 o Assessor Tax # not yet assigned Said document(s) were fited for record by Pacific Northwest TJtfe as aocommodation only. It has not been examined as to proper execution ... as to its affect upon title. I , ORDINANCE NO.5 9 7 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A REQUEST TO REZONE APPROXIMATELY 40.9 ACRES FROM MULTIPLE FAMILY RESIDENTIAL (R4) AND DUPLEX RESIDENTIAL (R3) TO PLANNED UNIT DEVELOPMENT (PUD) AND APPROVING THE REQUEST FOR A PLANNED UNIT DEVELOPMENT AND BINDING SITE PLAN WHEREAS, Application No. PUD01-0004, dated April 14, 2004, has been submitted to the City of Auburn, Washington by Rob Purser on behalf of Centex Homes requesting approval of a rezone request for approximately 40.9 acres from Multiple Family Residential (R4) and Duplex Residential (R3) to Planned Unit Development (PUD) and requesting approval of a Planned Unit Development and Binding Site Plan in Auburn, Washington; and WHEREAS, said requests referred to above were referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to staff review, the Hearing Examiner conducted a public hearing to consider said applications in the Council Chambers of the Auburn City Hall on August 16, 2005, of which the Hearing Examiner recommended that there is not enough information to make a written recommendation on the request for approval of the rezone to PUD and approval of the preliminary plat. For this reason, the Hearing Examiner recommends that the requests be remanded to the Planning and Ordinance No. 5971 November 29,2005 Page 1 of 31 ... Community Development Department to allow the Applicant to submit the following additional information: 1. A plan to provide more definite information on a second general access for the proposed access that complies with Comprehensive Plan Policy TR-13. The plan should be more certain than the plan presently submitted by the Applicant. 2. A traffic impact analysis that addresses the binding site plan (PUD Exhibit 11), and addresses the different access scenarios that could occu r. 3. Current traffic level of service information to ensure the proposed project complies with Comprehensive Plan Policies TR-17 and TR-18. 4. A reconfiguration of dedicated park land such that Tracts A through G are not considered dedicated park land. The Hearing Examiner recommendation also states that if the information is submitted to the satisfaction of the Planning Director, the Hearing Examiner will re-hear those portions of the application. If the Applicant is unable to submit the information to the satisfaction of the Planning Director, the Hearing Examiner recommends that the requests for plat and PUD be denied; and WHEREAS, at its regular meeting of November 7, 2005, the City Council voted to conduct a closed record hearing on the Hearing Examiner's recommendations; and WHEREAS, a closed record hearing was held November 18, 2005, at which time the City Council considered the Hearing Examiner's Ordinance No. 5971 November 29, 2005 Page 2 of 31 " recommendations and the material presented to the Hearing Examiner after which the Council voted to approve Application No. PUD04-0001 with the conditions recommended by staff; and two additional conditions consisting of: 1. Lot No. 169 shall be eliminated and Lots No. 167 and 168 shall be re- oriented to front on the plat's internal public street identified as "P Street NE" and the adjacent access tract shall be eliminated. 2. Prior to Final Plat approval the Applicant shall submit a plan for review and approval by the Parks Director to provide a separation, using such features as short fences, rockeries and mow strips, between the residential Lots 1-34, Lot 68 and the adjacent dedicated park land tracts, (Tracts B, D, and F). The requirement for separation shall also be addressed by the legal instrument setting forth the permanent care and maintenance of open spaces and park land. FINDINGS OF FACT 1. The applicant, Centex Homes, has requested approval of a Planned Unit Development (PUD) for a single-family and multiple family subdivision on property that is located south of South 277th Street the in the 1200-1700 block and 20 feet easterly of the undeveloped right-of-way of "I" Street NE. 2. The project is proposed to consist of 172 single-family lots, one multiple family residential lot proposed to contain approximately 115 multiple family dwelling units and 19 tracts. The size of the single-family residential lots will range from approximately 3,230 square feet (Lots 19-33) to 7,922 square feet (Lots 142 &143). Since the project is proposed as a PUD, smaller lot sizes than typical zoning standards are allowed. The standards for the lots are contained in Section 18.69.070 of the PUD chapter of the Zoning Code. 3. The site is proposed to be platted in two phases. The applicant plans to first request final plat approval of the western portion of the site including the multiple family residential lot and 68 of the single-family lots. Temporary cul- de-sacs and utility services would need to be provided to ensure that each phase can stand-alone pursuant to Auburn City Code (ACC) Section Ordinance No. 5971 November 29,2005 Page 3 of 31 " 18.69.110. The second final plat would consist of the remaining eastern single-family 102 lots. PUD Approval Process 4. PUD's are allowed pursuant to Chapter 18.69 of the Zoning Code. More specifically, ACC Section 18.69.040 allows PUD's within all residential Comprehensive Plan map designations of the City, except the "Rural Residential". The area must have at least 10 acres in order to qualify for a PUD. The subject project is 40.9 acres in size. 5. The PUD process is a multi-step process. The first step is to rezone the property to the PUD classification. The rezone is a contract rezone that defines among other things the land use, density, number and types of dwelling units, amount and type of open space, and the responsibilities of the applicant. In the subject case, a preliminary plat for a single-family development and a binding site plan for the multiple-family portion is being processed simultaneously, therefore the next steps will be the administrative approval of infrastructure, construction of the infrastructure, Final Site Plan approval by the Planning Director for consistency with the binding site plan and subsequent final plat approval. 6. While construction approvals of the multiple family portion of the site could typically occur prior to final plat approval because the multiple family portion is not dependent upon segregation, ACC Section 18.69.210 provides that construction and development of all improvements for each phase must be completed or guaranteed before any certificates of occupancy for buildings are issued. 7. ACC Section 18.69.060 determines the maximum number of units that can be allowed in a PUD. The number of units is determined by subtracting out any non-buildable area and then multiplying the remainder by the number of dwelling units allowed per acre by the Comprehensive Plan. In this case 21.5 acres of the project are illustrated on the Comprehensive Plan map as "High Density Residential" which allows for 18 dwelling units per acre. Similarly, 19.5 acres of the project are illustrated on the Comprehensive Plan map as "Moderate Density Residential" which allows for 12 dwelling units per acre. The applicant has identified 0.03 acres of non-buildable wetland in the "High Density Residential" portion of the project and 0.43 acres of non-buildable wetland in the "Moderate Density Residential" portion of the project. The net 21.47 acres of the "High Density Residential" area is multiplied by 18, which Ordinance No. 5971 November 29,2005 Page 4 of 31 would allow for 386 dwelling units. The 19.07 net acres of the "Moderate Density Residential" area is multiplied by 12 and would allow for 228 dwelling units. The subject PUD could have been allowed 614 dwelling units but only 287 dwelling units are proposed. This is less than half the number of dwelling units that could be authorized. 8. Overall, then, as proposed the single-family portion of the project comprises approximately 24.3 acres of the site and approximately 8.26 acres is devoted to multiple-family residential. Binding Site Plan Approval Process 9. A binding site plan approval is required for the multiple family portion of the project. ACC Section 18.69.020(B) provides that for projects that contain multiple family structures (with three or more dwelling units in a structure) a binding site plan must be approved. The preliminary plat approval and binding site plan approval must be concurrent if a PUD requires both approvals. ACC Sections 18.69.140 and 18.69.180 provides that the Hearing Examiner must conduct a public hearing and City Council action is required. The binding site plan shall be consistent with the provisions of the PUD and meet the submittal requirements of ACC Section 18.69.180(A). 10. The north central, approximately 8.26 acres of the 40.9-acre site is proposed to be developed with a multiple family dwellings consisting of twenty-three, 5- plexes as part of the planned unit development (PUD). These 115 multiple- family residences will encircle the inside and outside of a looped private drive aisle. Access to the multiple family residences is proposed by two driveways each with a central landscaped median connecting to the proposed internal street, 51 st Street N E. Other Related Approvals 9. Other City approvals have been simultaneously requested. The applicant has also applied for two variances to zoning code requirements that are being processed separately. One variance (VAR04-0005) seeks to reduce the front, street side and rear yard setbacks for a portion of the single-family lots. The other variance (VAR04-0006) seeks to eliminate recreational vehicle (RV) parking spaces that are required for multiple family residential developments. Ordinance No. 5971 November 29,2005 Page 5 of 31 10. The applicant also has requested approval of three deviations to City public works construction standards by the City Engineer. The deviation requests include: . A deviation to the "local residential" street standard to allow a reduced right-of-way width for 51st street NE, east of M Street NE, . A deviation to the City's "residential collector" street standard to allow a landscaped boulevard section for M Street NE; and . A deviation for road radii for internal streets. The City Public Works staff has reviewed each of the deviation requests and determined they are supportable and approvable but is deferring approval until after preliminary plat approval to ensure consistency of the decisions. 11.ln accordance with ACC Section 17.18.010, the preliminary plat proposal also includes a "Plat Modification" request from the subdivision code in order to dedicate less than the required amount of park land. Specifically, the applicant seeks to compensate for the reduction in undeveloped park area by fees-in-lieu and improvements. Plat Modification requests are processed simultaneously with the preliminary plat request. The design requirements of the PUD regulations at ACC 18.69.080(A)(2) acknowledge that less than the full dedication of park land is appropriate. Park Land 12. The PUD must also provide for public park property. The City may allow the PUD to use the park land to meet its 20% open space requirement. That is what is being proposed for this PUD. The City's subdivision code refers to the City's Park Plan for requirements that for every 1000 population of the plat, 6.03 acres of unimproved park land must be dedicated to the City. Under the current proposal, 4.85 acres is required to be dedicated and 4 acres is proposed to meet the requirements of the City of Auburn. The areas consist of the linear park (Tracts A - G) and public park (Tracts 0 & P). ACC Section 18.69.080(A)(2) allows the City to accept a lesser amount of park area if the PUD developer provides improvements to the park land that is being dedicated. To make up for the 0.85-acre shortfall, the developer proposes to provide to the City fees-in-Iieu of the required dedication and/or improvements to the dedicated park land. Open Space 13.ACC Section 18.69.080 outlines certain design requirements that a PUD must meet. Each PUD must have at least 20% of the buildable area set aside as Ordinance No. 5971 November 29, 2005 Page 6 of 31 open space. The subject PUD intends for 23.3% open space which consists of: * Seven homeowner association maintained open space tracts proposed as linear park and sidewalk space (Tracts A through G) paralleling 51st Street NE * Five homeowners association owned tracts as landscaped open space (Tracts H through L) distributed at corner locations * One homeowners association owned tract that will contain wetlands, wetland buffer and compensatory floodplain storage, if a FEMA map amendment is not processed (Tract M) at the southwest corner * Two publicly owned tracts that contain storm drainage facilities and a wetland and wetland buffer (Tracts Nand Q) at the northwest corner. Only that portion of the tracts located above the water surface elevation of the 1 O-year storm event is counted in order to remain consistent with the purpose of the open space requirement. * Two publicly owned tracts proposed as dedicated park land (Tracts o and P) at the east end * homeowner association owned and landscaped open spaces within the multiple family portion of the site. Design Requirements Related to Alley-Loaded Lots 14. The applicant proposes three housing styles within the River Sand project: multiple family residences with five dwelling units to a building, alley- loaded single family lots (Lot 1 through 67) and the more typical, detached, single-family lots (Lots 68 through 172). This variety is proposed in order that the project may be responsive to market preferences. The applicant indicates that the project is to be marketed to individuals and young families. Other Design Requirements 15. Section 18.69.080(D) requires certain design requirements to be met including architectural treatment of the buildings and other site design features as lighting, furniture, signs, fencing, etc. The applicant has provided building elevations (Multiple Family Housing Elevations and Floor Plans, dated 3/11/04) to illustrate building and structural designs that are coordinated and complement the surroundings. A representative elevation is provided for the multiple family dwellings to Ordinance No. 5971 November 29,2005 Page 7 of 31 show modulation, and articulation of the facades to reduce the perception of bulk and mass (ACC 18.69.080(D)(2)). Representative design treatments are also provided for the single-family dwellings comprised of eight designs for the detached lots types. These range in square footage from singe-story homes of 1,300 square feet to two stories of 2,370 square feet. Two housing designs are provided for the alley- loaded dwellings ranging from single- story 1,500 square feet to two-stories of 1,733 square feet (Single Family Housing Elevations and Floor Plans, dated 3/11/04). A representative color palette for the homes has been provided in the color palette: Homescapes. Sherwin Williams, 2002. 16.A conceptual landscape treatment of the PUD is illustrated in the River Sand PUD Landscape Schematic DesiQn. Sheet SD1.1 - SD1.5, Lauchlin R. Bethune Associates, Inc., July 12, 2005. The plan shows extensive use of landscaping within the multiple family residential portion of the development to meet open space requirements. The plan also shows sensitive treatment of the public stormwater ponds located in Tracts Nand Q to ensure that the storm facilities meet the intent of Auburn Comprehensive Plan Urban Design Policy UD-6 and the PUD. Coordinated plantings are also proposed for the other open space tracts and as street tree plantings. The PUD will also require ornamental/pedestrian type street lighting, some furniture in the open space areas, and the entrance signs will be coordinated. No landscaping or site amenities are shown within Tract P in the southeast corner as no alteration will occur within the shoreline jurisdiction of 200 feet from the ordinary high water mark of the Green River. No shoreline permit has been requested. Sensitive Areas 17. Critical areas on site include wetlands, floodplain and river shoreline areas. A preliminary geotechnical report and a wetland report were prepared and reviewed during the SEPA review process. Discussion of the critical areas and mitigation measures to address impacts on critical areas are incorporated into the SEPA Final Mitigated Determination of Non-Significance issued June 2, 2005 (Please refer to exhibit list). In brief, mitigation includes additional geotechnical studies, wetland and buffer enhancement, and construction of floodplain compensation as mitigation. Pedestrian/Traffic Circulation Ordinance No. 5971 November 29, 2005 Page 8 of 31 18. Each PUD must promote pedestrian movement. The project will also be responsible for continuation of the trail system along the south side of South 277th Street to the site's western boundary. The PUD will provide a system of sidewalks along the project streets both within the right-of-way and as meandering sidewalk within the linear Tracts A through G. The public sidewalks on each side of M Street NE, north of 51st Street NE are proposed to meander within public Tracts Nand Q that include the project's storm water ponds. The provision of sidewalks that modulate in distance from the road provides a superior design and enhanced aesthetics. The configuration of park land dedication, Tracts 0 and P, provides room for future pedestrian connections to the future construction of the Green River Trail on the west side of the River. To promote vehicle speeds on the internal 51 st Street NE consistent with pedestrian circulation, traffic calming will be provided as determined by the City Engineer at the time of roadway design. A plat condition is proposed to implement this requirement. 19. Since access to the existing alignment of the undeveloped right-of-way of I Street NE is unfeasible due to intervening land ownership, access is proposed via a single boulevard-type access to South 277th Street at the northwest corner of the site. On an interim basis this boulevard access would accommodate full vehicle movements and would be signalized. Upon construction of an additional roadway access from the west, generally along the extension of 49th/51st Street NE alignment and completion of I Street NE to S 277th Street (as depicted in the NE Auburn/Robertson Properties Final Environmental Impact Statement (EIS)), the temporary signal would be removed and the permanent channelization shall be installed on S 277th Street at the intersection to prevent left turns into and out of the plat (right-in right-out only). The permanent channelization would be to City of Kent standards. 20. This development can meet Comprehensive Plan Policy TR-13 by providing a permanent boulevard-type road approach to S 277th Street from the plat as approved by the City Engineer. The boulevard shall have a divided roadway with central landscape median. This access shall include a temporary traffic signal at the intersection of the boulevard approach and S 277th Street. Also to satisfy Policy TR-13, prior to the issuance of a building permit for the equivalent of the 76th single family unit within the plat, the applicant shall financially secure the completion of a second permanent access route Ordinance No. 5971 November 29, 2005 Page 9 of 31 consisting of the construction of a 24-foot wide paved roadway with adequate shoulder and storm drainage provisions along the east-west alignment of a new 49th/51 st NE between the proposed boulevard and the new "I" Street alignment and the new "I" Street NE between 49th Street NE and S 277th Street, plus a span wire traffic signal at the intersection of the new I Street NE and S 277th Street. When the second permanent access route is constructed, the intersection of the boulevard approach and S 277th Street shall have its temporary traffic signal removed and permanent channelization shall be installed on S 277th Street at the intersection to prevent left turns into and out of the plat. The applicant shall pay to the City $495,000, which in addition to the development's normal traffic impact fees provides adequate funding to secure the second permanent access route improvements and related improvements. In the event the City's traffic impact fees are increased prior to payment of the $495,000. this mitigation fee may be correspondingly decreased. 21. Notice of the future second permanent access route and the future intersection modifications (the future removal of the temporary traffic signal at the intersection of the boulevard roadway and S 277th Street and the installation of permanent channelization on S 277th Street to prevent left turns into and out of the plat, described above) will be recorded on the face of the plat and on each individual property title within the plat. In addition to this notice, adequate on-site signage of such future traffic improvements must be provided as directed by the City. 22.At the time of plat construction secondary emergency access will be provided to the plat from S 277th Street by means of the establishment of one or more emergency accesses a minimum of 20 feet in width. These secondary emergency accesses shall prohibit general traffic use through the use of gates or bollards to the satisfaction of the Fire Marshal and City Engineer. 23. While initially the internal road lengths will exceed City policies related to the length for dead-end roads without providing for secondary access connection until the 49th/51 st Street NE extension is constructed, financially guaranteeing construction of a second access point at the 76th dwelling unit will minimize the circulation impacts and maximize consistency with City Policy TR-13. 24. The internal street network of the plat will consist of two stacked loop roads with three north-south internal connections and will be dedicated as public right-of-way. The internal roads will be constructed to the City's "Local Ordinance No. 5971 November 29,2005 Page 10 of 31 Residential" street standard except where deviations to City design and construction standards are determined appropriate. The project will also include alley-loaded lots accessed by 18-foot roadways within 20-foot rights- of-way. Two access tracts meeting City standards will provide access to lots at the east and south portions of the plat. 25. Traffic calming devices will be required on the internal street, 51st Street NE, in order to prevent public safety hazards that may result from excessive speeding on straight, flat roadways, especially as the transitions from a "Residential Collector" to "Local Residential" west to east through the site. Prior to Final Plat approval, traffic calming to the satisfaction of the City Engineer shall be installed on 51st Street NE or the construction financially guaranteed. Traffic calming measures may include but are not limited to traffic circles, etc. 26. The right-of-way of S 27ih Street in the area of the project is currently within the City of Kent's jurisdiction. The design and construction of the roadway access, temporary signalization and frontage improvements including trail and drainage will require approvals from the City of Kent. The applicant has coordinated with the City of Kent and consistency is addressed in the Letter from Gary Gill, City of Kent to Jeff Dixon City of Auburn, dated December 15, 2004 indicating general acceptability of the project's access concept. SEPA 27. On June 2, 2005 the City issued a Final Mitigated Determination of Non- Significance (FMDNS) (File Number SEP04-0037) for the proposed rezoning to PUD and including the platting and development. The FMDNS contains 17 conditions (mitigation measures). The conditions prescribe geotechnical procedures, wetland mitigation, floodplain compensation, archeological and cultural resources, haul routes, traffic circulation and water line extension requirements. CONCLUSIONS Jurisdiction: Pursuant to Auburn City Code (ACC) 18.66, the Hearings Examiner is granted jurisdiction to hear and make recommendations to the City Council. Jurisdiction for the Hearings Examiner to make recommendations for an application for rezone is pursuant to ACC Ordinance No. 5971 November 29,2005 Page 11 of 31 14.03.040(D) and 18.68.030, for approval of an application for a PUD is pursuant to ACC 18.69.140. Criteria for Review: Along with the requirements set forth by the Washington State Supreme Court, in order TO APPROVE A REZONE, the Hearings Examiner must find that the following criteria, as set forth in ACC 18.68, are satisfied: 1. The rezone shall be consistent with the Comprehensive Plan. 2. The rezone was initiated by a party, other than the City, in order for the Hearing Examiner to hold a public hearing and consider the request. 3. Any change or modification to the rezone request made by the Hearing Examiner or the City Council shall not result in a more intense zone than the one requested. In order TO APPROVE A PUD, the Applicant must satisfactorily demonstrate that the proposed PUD achieves, or is consistent with, in whole or in part, desired public benefits and expectations. Pursuant to ACC 18.69.150, the proposal must demonstrate sufficient findings of facts to support the following: 1. The proposal contains adequate provisions for the public health, safety, and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, or sites for schools. 2. The proposal is in accordance with the goals, policies, and objectives of the comprehensive plan. 3. The proposal is consistent with the purpose of ACC 18.69, provides for the public benefits required of the development of PUDs by providing an improvement in the quality, character, architectural and site design, housing choice and/or open space protection over what would otherwise be attained through a development using the existing zoning and subdivision standards. 4. The proposal conforms to the general purposes of other applicable policies or plans which have been adopted by the City Council. Ordinance No. 5971 November 29,2005 Page 12 of 31 5. The approval of the PUD will have no more of an adverse impact upon the surrounding area than any other project would have if developed using the existing zoning standards of the zoning district the PUD is located in. 6. The PUD must be consistent with the existing and planned character of the neighborhood, including existing zoning and comprehensive plan map designations, and the design guidelines set forth in ACC 18.69.080(D). DECISION Based on the Facts, Findings and Conclusions, the City Council hereby approves the rezone request with the following conditions. 1. Lot No. 169 shall be eliminated and Lots No. 167 and 168 shall be re- oriented to front on the plat's internal public street identified as lip Street NE" and the adjacent access tract shall be eliminated. 2. Prior to Final Plat approval the Applicant shall submit a plan for review and approval by the Parks Director to provide a separation, using such features as short fences, rockeries and mow strips, between the residential Lots 1-34, Lot 68 and the adjacent dedicated park land tracts, (Tracts B, D, and F). The requirement to maintain the separation shall also be addressed by the required legal instrument setting forth the permanent care and maintenance of open spaces and park land. 3. Prior to final plat approval, the Applicant shall secure JARPA approval from the Army Corps of Engineers to relocate the north-south drainage ditch and associated easement located within the western one-third of the site as shown on the plat. Ordinance No. 5971 November 29,2005 Page 13 of 31 4. The Applicant shall submit a legal Instrument setting forth a plan or manner of permanent care and maintenance of open space, recreational areas, private roads, park land, and other communally-owned facilities. No such instrument shall be acceptable until approved by the city attorney as to its legal form and effect. Common spaces shall be guaranteed by a restrictive covenant describing that the space, its maintenance, and improvement are appurtenant to the land for the benefit of the residents of the planned unit development and adjoining property owners. The final plat shall grant easements to the City of Auburn in all private open space and park land tracts so that the City may perform maintenance in the event of improper maintenance by the homeowners' association. All maintenance shall adhere to City of Auburn standards. 5. Prior to final plat approval, traffic calming devices shall be financially guaranteed for installation on 50th and 51st Streets NE. Traffic calming methods and design must be approved by the City Engineer prior to final plat approval. 6. Prior to issuance of construction approvals, the Applicant shall prepare a sight distance plan for review and approval by the Planning and Public Works Directors. The plan shall document the sight distance triangles at all intersections and corners and shall define measures to ensure maintenance and protection of sight distances within lots and tracts, including easements. This may result in minor changes to the plat design to ensure that all applicable requirements are satisfied. Ordinance No. 5971 November 29, 2005 Page 14 of 31 7. The Applicant shall prepare a Final Landscaping Plan that demonstrates that all landscaping in the public rights-of-way, storm drainage tracts, and open space tracts conform to City standards. The plan must demonstrate conformance with standards for acceptable tree types and root barriers, etc., and must also show coordination with utility and road improvements. The plan must also include maintenance and conform the standards in ACC 18.50.070. The Applicant shall provide root deflection devices or similar mechanisms for all trees planted within five feet of curbs, sidewalks, or pavement to ensure mature trees does not contribute to pavement deterioration. Care should be taken by the Applicant to account for individual lots' ingress and egress when defining the location of proposed street trees. The landscaped median of "M" Street NE shall be the responsibility of the homeowners' association and be included in the landscaping maintenance plan. The plan must be approved by the Planning Department prior to final plat approval. 8. In order to meet subdivision requirements of ACC 17.12.260 related to dedication of recreation land and based on the submitted preliminary plat, the applicant shall either; a. Dedicate 4.85 acres of land generally in the location identified as Tracts 0 & P on the Preliminary Plat, by DBM Engineers, dated 5/25/05 and in a configuration acceptable to the Parks Director; or, b. Alternatively, the City will accept the lesser dedication of 4.0 acres within the areas identified as Tracts A-G, 0 & P on the Preliminary Plat, by DBM Engineers, dated 5/25/05 The remainder of the required land (0.85 acres) to meet the recreation land dedication standard shall be in the form of a voluntary agreement with the City, acceptable to the Ordinance No. 5971 November 29, 2005 Page 15 of 31 City of Auburn Parks Director, to provide a fee-in-Iieu of dedication estimated to be the amount of $141 ,312.50. The estimated calculation is based on the currently proposed 287 dwelling units and a formula of: community parks development cost of ($166,250.00 per acre) X 0.85 acres. The actual amount shall be paid prior to final plat approval for each phase, shall be based on the number of units / lots proposed for each final plat application. 9. The linear trail Tracts A through G, as identified on the Preliminary Plat, by DBM Engineers, dated 6/28/05 shall be maintained by the developer and/or the home owner's association as a condition of the final plat. The maintenance schedule and responsibilities shall be identified in the CCR's whose language shall be reviewed and approved by the Parks Director prior to final plat approval and recording. A maintenance easement shall be provided on the final plat. 10. The developer agrees to and shall be responsible for construction of a play area featuring a minimum of nine (9) play events to accommodate over thirty-five (35) children. In a space whose minimum fall zone is 1,050 square feet, 1/2 basketball court, irrigation system, and landscaping in Tract O. The materials supplied and installed must meet the current Park Department standards as supplied by the Parks Director prior to installation and final plat approval. 11. As part of the engineering/construction drawings that are typically submitted for construction of the subdivision there shall also be submitted engineering/construction drawings for the construction of park improvements in Tract "0". The park improvements shall be approved by the City of Auburn Parks Director prior to the approval of the construction drawings for the plat. The materials supplied and installed must meet the Ordinance No. 5971 November 29, 2005 Page 16 of 31 current City Parks Department standards and be approved by the Parks Director prior to installation and final plat approval. 12. To address the impacts from the project's new impervious surfaces, the Applicant shall comply with one of the following prior to final plat approval: a, Storm drainage facilities shall be constructed on-site to limit the off-site discharge for the post-developed 100-year flow to less than 7,2 cubic feet per second (cfs), 7.2 cfs is the capacity of downstream culvert number four that would be overwhelmed from the storm water generated by the project in the event of a 100-year storm and saturated ground. Culvert number four is a 24-inch storm drainage culvert located within the King County right-of-way of 86th Avenue South approximately 800 feet north of 86th Avenue South's intersection with South 277th Street. b, The Applicant shall secure approvals from the appropriate agencies for replacement of downstream culvert number four. The replacement culvert must have a minimum capacity of93 cubic feet per second to correspond with the combined capacity of the tributary culverts located upstream. Culvert number four is a 24-inch storm drainage culvert located within the King County right-of-way of 86th Avenue South approximately 800 feet north of 86th Avenue South's intersection with South 277th Street. c. The Applicant shall secure approvals from the appropriate agencies to provide an alternate downstream storm drainage route terminating in the Green River. The Applicant shall demonstrate to the satisfaction of the City Engineer that the alternate drainage route has adequate hydraulic capacity to convey the post-developed 100-year flow with saturated ground prior to construction authorization, The Applicant shall demonstrate to the satisfaction of the City that the alternate drainage route would have no adverse environmental effects. 13. Pedestrian/ornamental street lights shall be installed by the Applicant along the interior streets and sidewalks of the plat. The style of the lights shall be consistent with City standards or be an ornamental style similar to the "Whatley, Washington Series 405 fluted fiberglass pole with acorn- style post-top fixture" as submitted in the preliminary plat application. The City Engineer shall review the spacing and location of the lights to ensure that adequate lighting is provided along the surface of all streets and any adjacent sidewalks. 14. Home designs shall be consistent with the drawings entitled "Multiple Family Housing Elevations and Floor Plans," and "Single Family Housing Elevations and Floor Plans," both dated March 11, 2004 as submitted as Ordinance No. 5971 November 29,2005 Page 17 of 31 part of the preliminary plat application. Home exterior colors shall be consistent with "Color Palette, Homescapes, Sherwin Williams, 2002," as submitted as part of the preliminary plat application, except that the "Bright and Bold" color scheme shall not be used. 15. The final landscape design shall be generally consistent with the preliminary landscaping plan as submitted by the Applicant as part of the preliminary plat application. The project will also require furniture in the open space areas, and coordinated fencing and entrance signs. Bench furniture and fencing shall be generally consistent with those designs submitted as part of the preliminary plat application. Furniture and fencing shall be of consistent design and material throughout the project. Any entrance signs shall be a low monument style with landscaping accents. The number of signs, their style, placement, and landscaping shall be approved by the Planning Director prior to final plat approval. 16. The Applicant has proposed that Lots 1 through 67 shall be accessed only through an alley. The final plat shall include a requirement that Lots 1 though 67 shall be developed as alley-loaded lots unless the Applicant documents and demonstrates to the satisfaction of the Planning Director that market demand for this housing style does not exist. In the event that a lack of market demand is sufficiently demonstrated, a reduced number of alley-loaded lots will be required for Lots 35 through 67 only. 17. Prior to the issuance of clearing and/or grading permits subsequent to permit No. GRA04-0025 issued August 27, 2004, the Applicant shall Ordinance No. 5971 November 29,2005 Page 18 of 31 furnish the City of Auburn City Engineer and appropriate City of Kent staff person with a proposed haul route and schedule for hauling soil material to and/or from the site for review and approval by both entities. If, in the opinion of the city representatives, such hauling will adversely impact the street network, hauling hours may be coordinated and limited to appropriate off-peak hours or alternative routes. The haul route plan shall also include a traffic control plan for approval by the City of Kent and the City of Auburn. The Applicant shall submit a Haul Route Plan prior to Phase I final approvals to avoid any traffic impacts generated by truck trips during the construction and grading phases. 18. The recommendations of the geotechnical report "Geotechnical Report River Sand "I" Street NE and South 277th Street," by Terra Associates, Inc., dated February 4, 2004 (attached as Plat Exhibit 19) and/or other subsequent site specific soils or geotechnical reports shall be incorporated into clearing, grading, and other appropriate construction plans subsequent to permit No. GRA04-0025 issued August 27, 2004, as determined by the City Engineer. Special consideration shall be given to the recommendations for storm pond design identified in the geotechnical report. 19. The Applicant's grading plans subsequent to permit NO. GRA04-0025 issued August 27, 2004 shall be prepared in conjunction with and reviewed by a licensed geotechnical engineer. The geotechnical engineer shall develop and submit, for the City's review, specific recommendations to mitigate grading activities giving particular attention to developing a plan Ordinance No. 5971 November 29,2005 Page 19 of 31 to minimize the exposure of on-site soils and address grading and related activities during wet weather. 20.A licensed geotechnical engineer shall monitor on-site rough/preliminary plat grading activities subsequent to permit No. GRA04-0025 issued August 27, 2004 to ensure that the recommendations of the preliminary geotechnical report and any additional conditions or requirements are implemented. Based on recommendations of the geotechnical report, the geotechnical engineer should review final design and specifications to verify that earthwork and foundation recommendations have been properly interpreted and implemented in the project design. The geotechnical services to be provided during construction are to observe compliance with the design concepts, specifications, and geotechnical report recommendations. 21. Upon completion of rough grading and excavation, a geotechnical engineer shall re-analyze the site and determine if new or additional mitigation measures are necessary. If warranted, a revised geotechnical report shall be submitted to the City of Auburn for review and approval by the City Engineer. 22. Prior to the placement of fill in addition to that authorized by permit No. GRA04-0025 issued August 27 2004, the City Engineer shall approve the source of the imported fill material for all structural fill and other fill activities. Compaction monitoring and testing shall be required for all fill areas, both structural and non-structural for City review. Compaction Ordinance No. 5971 November 29,2005 Page 20 of 31 reports for structural fill shall be provided to the City Engineer for review prior to acceptance. 23. Prior to issuance of grading permits subsequent to permit No. GRA04- 0025 issued August 27, 2004, a wetland hydroperiod analysis shall be submitted to the City for review and approval. The analysis shall include a pre-developed analysis of the existing hydrologic volume tributary to the wetlands, and post-developed volumes from tributary areas directed to the wetlands. A wetland biologist shall be consulted to verify the appropriate hydrologic support necessary to maintain existing wetland's function and value. If augmentation is warranted to reduce or avoid impacts, rooftop drainage or other acceptable means can be directed to the wetlands at a volume approximating existing conditions to maintain hydrologic support of the wetlands. A monitoring plan/program shall also be developed for City review and approval. The Department of Ecology's Stormwater Management Manual for Western Washington (2001) will provide guidance for performing the wetland hydroperiod analysis, information on maximum acceptable hydroperiod alterations, recommendation for reducing development impacts on wetland hydroperiod and water quality, recommendation for flow control and treatment for stormwater discharges to wetlands and recommendation for post-development wetland monitoring. 24. Prior to approval of the grading permit subsequent to permit No. GRA04- 0025 issued August 27, 2004, (or approval of half-street improvements to S 277th Street unless it is demonstrated to the satisfaction of the Planning Director that the half-street improvements will not result in wetland filling) Ordinance No. 5971 November 29,2005 Page 21 of 31 a final wetland mitigation plan shall be prepared and submitted for review and approval by the Planning Director and Public Works Directors. The plan shall be approved prior to the issuance of the subsequent grading permits or other construction permits. If applicable, the plan shall identify the amount of wetland impact associated with half-street improvements to S 277th Street and any associated wetland mitigation. The plan shall include the proposed construction sequence, grading and excavation details, erosion and sedimentation control features needed, planting plans specifying species, quantities, locations size, spacing, and density, source of plant materials, propagules and seeds, water and nutrient requirements for plants and water level maintenance practices. Mitigation for reduction in wetland functions from the disturbance and increased proximity of development shall consist of enhancement of wetland buffers. Wetland mitigation shall be provided in general accordance with recommendations identified in the report: "Conceptual Wetland Mitigation Plan of the River Sand Property", J.S. Jones and Associates Inc., January 26, 2005, as modified by the Final Staff Evaluation and MDNS. Major elements of the mitigation plan shall include: a. A final wetland mitigation plan, report and monitoring program, maintenance plan and contingency plan shall be submitted for review and approval in accordance with the recommendations of the delineation and conceptual mitigation reports, and as modified by the MDNS conditions and Final Staff Evaluation. The plans and supporting hydrologic analysis shall establish goals and objectives to monitor and measure the success of the wetland mitigation project. b. The wetland buffers shall be a minimum of fifty (50) feet in width for Wetland 1 and an average of twenty-five (25) feet in width for Ordinance No. 5971 November 29, 2005 Page 22 of 31 Wetland 2 and incorporate the following characteristics: areas of flattened slopes (ranging from 4:1 to 6:1 in gradient) adjacent to the wetland edge to provide habitat transition areas; and dense plantings of vegetation native to the northwest that will provide shade and cover for local wildlife. A maintenance plan for the buffer shall also be prepared and submitted concurrently for review and approval. c. The wetland enhancement areas shall be designed to include elements of water saturation (hydrology) and be vegetated with obligate, facultative wetland plants or facultative (hydrophytic) vegetation native to the Pacific Northwest. Trees and other vegetation designed to provide food and cover for local wildlife shall be included. d. The proponent shall as directed, be required to provide the Auburn Building Official with services of an approved biologist with expertise in wetland buffer enhancement, for purposes of inspecting wetland work activities on the City's behalf 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 enhanced wetlands, and to inspect the replacement of unsuccessful plant and habitat materials in accordance with the approved plans. A minimum of biannual monitoring and inspection and annual reports, indicating achievement of goals and objectives, and project status, shall be filed with the Planning Department throughout the five-year monitoring program, with a final report provided at the end of the monitoring program. e. Filling and grading of the site and wetlands mitigation work may occur concurrently. The mitigation construction shall be complete prior to issuance of final plat. f. An appropriate security equivalent to 125 percent of the cost of all wetlands mitigation work shall be submitted to the Auburn Building Official prior to the issuance of grading permits, and shall be kept active for a minimum of five years following completion of all wetlands construction in an amount commensurate with the monitoring program and contingency plan. At the end of the Ordinance No. 5971 November 29, 2005 Page 23 of 31 monitoring program, the City shall release the security if remedial action is not required. g. Following completion and acceptance of all wetlands mitigation work, no clearing, grading or building construction shall occur within the wetlands mitigation area, except as may be authorized by the City of Auburn for: protection of public health, safety and welfare; maintenance purposes, passive recreation improvements or contingency mitigation work. h. The surveyed wetland area shall be clearly indicated on all construction plans approved by the City, indicating the purpose and any limitations on the use of the area. The boundary of the wetland shall be based on the wetland boundary confirmed by the Army Corps of Engineers (ACOE) by letter dated May 22, 2003 (reference: File No. 2002-4-00613) and its buffer shall be staked in 25-foot intervals. This staked line shall continuously remain in place and serve as clearing and construction limits throughout the project for all construction activities adjacent to the wetlands area, or as required by the City. 25. The purpose and intent of the following condition is to discourage the uncontrolled intrusion of humans into the mitigation area, provide a passive recreation opportunity, and to ensure long term protection. The following information and improvements shall be required by the Applicant: a, Interpretive signs shall be installed and maintained at 150- foot intervals along the boundary of wetland buffers. The signs shall be constructed of a permanent and durable material and indicate the wetland restrictions related to the use of the area. The sign locations, construction details, and text shall be specified in final mitigation plan, b, The wetlands and wetland buffers shall be encumbered by a conservation easement granted to the City of Auburn. The easement shall state that any uses within the easement area shall be approved by the Planning Director, The uses shall be consistent with the purpose of the wetland and stream buffer and be a general benefit to the public, Evidence that the easement has been executed alld recorded is required prior to issuance of any occupancy permits for the site. 26. Unless a FEMA map amendment is approved to eliminate on-site floodplain, prior to issuance of a grading permit authorizing fill placement in the floodplain the Applicant shall prepare and submit a Flood Ordinance No. 5971 November 29, 2005 Page 24 of 31 Compensation Plan. The plan shall demonstrate how compensatory flood storage will be provided for the project concurrently with site filling. The flood storage shall be provided incrementally as the flood stage rises from the seasonal low average, up to and including the 100-year flood elevation. The compensatory storage shall be provided at a ratio of one to one (displacement to replacement). The flood storage must be designed based on seasonal groundwater elevations with appropriate supporting analysis. The plan must be approved prior to issuance of a grading permit to fill the floodplain. 27. Unless a FEMA map amendment is approved to eliminate on-site floodplain, the area of the compensatory flood storage and associated access shall be encumbered by a drainage easement granted to the City of Auburn. The easement shall state that any uses within this area shall be approved by the Planning and Public Works Directors. The easement language shall be prepared by the Applicant and approved by the City and shall convey maintenance and inspection access to the City. Evidence that the easement has been executed and recorded is required to be shown on the final plat. 28. Prior to the issuance of a grading permit subsequent to permit number GRA04-0025 issued August 27, 2004 that includes excavation or disturbance of the existing ground surface elevation, the Applicant shall prepare a historic/cultural resources monitoring plan as recommended by the report "Archaeological and Historical Resources Survey of the Proposed River Sand PUD, King County, Washington," (Plat Exhibit 24). The monitoring plan shall establish a protocol for the inadvertent discovery Ordinance No. 5971 November 29,2005 Page 25 of 31 of human remains. The monitoring plan shall also detail what cultural materials may be expected on-site, qualifications of the on-site monitor, the authority of the on-site monitor to halt excavation/construction activities, a protocol for assigning significance to identified materials, and safety requirements for the monitor's activities. A copy of the report shall be provided to OAHP, the City of Auburn, and the Muckleshoot Tribe upon its completion. The Applicant shall demonstrate to the City of Auburn that the monitoring report recommendations have been addressed prior to commencement of any permitted excavation or disturbance of the existing ground surface elevation. Also, in accordance with the report's recommendations, an on-site monitor shall be present during excavation or disturbance of the existing ground surface elevation. 29. The intersection of "M" Street NE and South 277th Street shall include a temporary traffic signal. Prior to the issuance of the building permit for the 76th housing unit within the plat, the Applicant shall financially secure the completion of a second permanent access route consisting of the construction of a 24-foot wide paved roadway with adequate shoulder and storm drainage provisions along the east-west alignment of a new 49th/51st Street NE between "M" Street NE and the new "I" Street NE alignment. The Applicant shall also financially secure completion of the new "I" Street NE between 49th Street NE and South 277th Street, plus a wire span traffic signal at the intersection of the new "I" Street NE and South 277th Street. When the second permanent access is constructed, the temporary traffic signal at "M" Street NE and South 277th Street shall be removed and permanent channelization to City of Kent standards shall be installed in its place. The Applicant shall pay the City $495,000, which Ordinance No. 5971 November 29,2005 Page 26 of 31 In addition to the development's normal traffic impact fees, provides adequate funding to secure the second permanent access route improvements and related improvements. In the event the City's traffic impact fees are increased prior to payment of the $495,000, the mitigation fee may be correspondingly decreased. 30. Notice of the future second permanent access route and the future intersection modifications shall be recorded on the face of the final plat and on each individual property title within the plat. In addition to this notice, adequate on-site signage of such future traffic improvements shall be provided as directed by the City. 31.At the time of plat construction, secondary emergency access shall also be provided to the plat from South 277th Street by means of the establishment of emergency accesses a minimum of 20 feet in width from South 277th Street. These traffic accesses shall prohibit general traffic use through the use of gates or bollards to the satisfaction of the Fire Marshal. Fire lanes shall be posted in accordance with the Auburn City Code. Notice signs shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary by the homeowners' association to provide adequate visibility. 32. Prior to final plat approval, the Applicant shall financially secure the completion of a 12-inch of-site waterline for completion of the looping of waterlines to meet the Water Comprehensive Plan Level of Service criteria. The Water Comprehensive Plan Improvements would consist of Ordinance No. 5971 November 29, 2005 Page 27 of 31 approximately 1,200 linear feet of 12-inch waterline along the proposed extension of "I" Street NE from 45th Street NE to 49th Street NE and approximately 1,300 linear feet of 12-inch waterline along an east-west alignment of a new 49th/51st Street NE between the proposed new "I" Street NE alignment and the River Sands Development west property line. The Applicant shall pay to the City $82,000, which combined with the development's normal System Development Charges, provides adequate funding to secure the water system improvements. In the event the City's Water System Development charges are increased prior to payment of the $82,000, this mitigation fee may be correspondingly decreased. 33. The Applicant shall pay school impact fees to the Kent School District as dictated by the City of Auburn and the Kent School District's school impact fee agreement. The Applicant, the Cities, and the District shall agree on a method of providing safe bus stops prior to final plat approval, and the approved method shall be noted on the final plat map. 34. The project shall not at any time disturb or encroach upon the 200-foot shoreline buffer of the Green River. 35. The approval of the PUD is only valid upon the approval and execution by the Auburn City Council of the associated preliminary plat, File No. PL T04- 0006. 36. Given the relatively narrow frontages of the proposed single-family residential lots and the impact on pedestrians (and wheelchairs) from elevation changes due Ordinance No. 5971 November 29,2005 Page 28 of 31 to a series of closely spaced driveways, the local residential road cross section shown on the preliminary plat shall be revised to show the landscape planting strip abutting the curb on both sides of the street. 1. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval. +he rezone request is hereby approved to rezone approximately 40.9 acres from Multiple Family Residential (R4) and Duplex Residential (R3) to Planned Unit Development (PUD) and the request for approval of a Planned Unit Development and Binding Site Plan is hereby approved, and as legally described in Exhibit A attached hereto, subject to the conditions as outlined above. Section 2. Severabilitv. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 3. Recordina. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City Ordinance No. 5971 November 29, 2005 Page 29 of 31 of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: DEC 5 2005 PASSED: DEe 5 2005 APPROVED: DEC 5 2005 .-J P TER B. LEWIS MAYOR Ordinance No. 5971 November 29,2005 Page 30 of 31 ATTEST: fu!;;); z!lJ~ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Publication: /' /.,2--(-20'0"::> Ordinance No. 5971 November 29, 2005 Page 31 of 31 "! EXHIBIT "A' LEGAL DESCRIPTION FOR PL T04-0006 AND PUD04-0001 THAT PORTION OF THE GEORGE E. KING DONATION LAND CLAIM (D.L.C.) NO. 40 IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST W.M. DESCRIBED AS FOLLOWS: COMMENCING AT A 6" X 6" SANDSTONE MONUMENT MARKING THE SOUTHWEST CORNER OF THE RH. BEATTY D.L.C. NUMBERS 37 AND 44; THENCE SOUTH 89-00'01" EAST, ALONG THE SOUTH LINE OF SAID RH. BEATTY D.L.C. AND THE NORTH LINE OF THE W.A. COX D.L.C. NO 38, A DISTANCE OF 2,643.18 FEET TO A 2" DIAMETER CONCRETE-FILLED IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID RH. BEATTY D.L.C. AND THE NORTHEAST CORNER OF SAID W.A. COX D.L.C.; THENCE, CONTINUING SOUTH 89-00'01" EAST, 638.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING SOUTH 89-00'01", 1,617.39 FEET TO A POINT ON A LINE ESTABLISHED BY BOUNDARY LINE AGREEMENT RECORDED UNDER KING COUNTY RECORDING NO. 8110150749; THENCE, ALONG SAID LINE, SOUTH 46-26'33" EAST 103.45 FEET; THENCE, ALONG SAID LINE, SOUTH 39-19'49" EAST 211.01 FEET; THENCE, ALONG SAID LINE, SOUTH 09-48'39" WEST 412.45 FEET; THENCE, ALONG SAID LINE, SOUTH 01-43'38" EAST 263.60 FEET; THENCE, ALONG SAID LINE, SOUTH 08-38'47" WEST 208.18 FEET; THENCE, NORTH 88-49'05' WEST 503.22 FEET THENCE, NORTH 19-30'00" EAST 110.98 FEET; THENCE, NORTH 88-49'05" WEST 1,283.52 FEET; THENCE, NORTH 01-48'33" EAST ALONG A LINE PARALLEL WITH THE EAST LINE OF SAID COX D.L.C., 1,008.50 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR SOUTH 277TH STREET, DESCRIBED AS FOLLOWS: BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE, CONTINUING SOUTH 89-00'01" EAST, 1,617.39 FEET TO A POINT ON A LINE ESTABLISHED BY BOUNDARY LINE AGREEMENT RECORDED UNDER KING COUNTY RECORDING NO. 8110150749; THENCE, ALONG SAID LINE, SOUTH 46-26'33" EAST 103.45 FEET; THENCE, ALONG SAID LINE, SOUTH 34-19'49" EAST 60.80 FEET; THENCE NORTH 79-05'59" WEST 581.27 FEET; THENCE NORTH 88-59'57" WEST 1,156.72 FEET TO A POINT 20.00 FEET EAST OF THE EAST RIGHT-OF-WAY MARGIN OF "I" STREET NORTHEAST; THENCE NORTH 01-48'33" EAST 20.00 FEET TO THE POINT OF BEGINNING OF THIS EXCEPTION; SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.