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HomeMy WebLinkAbout12-20-2004 ITEM VIII-B-2CITY OF m WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Application No. PLT04-0005 and Resolution No. 3792 December 13, 2004 Department: Planning Attachments: H.E. Decision, Staff Budget Impact: Report, Vicinity Map, D.N.S., Application Administrative Recommendation: City Council adopt Resolution No. 3792. Background Summary: The Hearing Examiner on November 16, 2004, conducted a public hearing on the request of Pat and Al Kofal, owners, represented by Murray Kahn of Highlands at Cobble Creek, LLC for preliminary plat approval of a plat known as "Highlands at Cobble Creek" for subdivision of an approximately 9.6 -acre site into six single-family residential lots and four permanent tracts to be developed a single phase. The request is proposed to be a gated subdivision pursuant to Auburn City Code ACC) Section 18.48.140. The property is located northwest of 107th Place Southeast, between SE 300' Street and SE 303rd Court and West of 108th Avenue SE. Subsequent to the hearing, the Examiner recommended to the City Council approval of the preliminary plat. The City Council may now either affirm the Examiner's decision, remand to the Examiner or schedule a closed record hearing. The Council can only modify or disaffirm the Examiner's decision after conducting their own closed record hearing. H E\PLT04-5 L1220-2 03.5 PLT04-0005 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ® Building ® M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ® Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ® Fire ® Planning ❑ Park Board []Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Singer Staff: Krauss Meeting Date: December 20, 2004 Item Number: VIII.13.2 AUBURN *MOPE THAN YOU IMAGINED RESOLUTION NO. 3 7 9 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE PRELIMINARY PLAT TO SUBDIVIDE 9.6 ACRES INTO SIX LOTS FOR FUTURE SINGLE- FAMILY DEVELOPMENT AND FOUR TRACTS TO COMPRISE A GATED SUBDIVISION AT THE END OF SE 300TH STREET IN AUBURN, WASHINGTON WHEREAS, Application No. PLT04-0005, dated March 4, 2004, has been submitted to the City of Auburn, Washington, by Pat and Al Kofal, requesting approval of a preliminary plat to subdivide 9.6 acres into six lots for future single-family development and four tracts to comprise a gated subdivision at the end of SE 300th Street in Auburn, Washington; and WHEREAS, said request above referred to was 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 petition in the Council Chambers of the Auburn City Hall on November 16, 2004, of which the Hearing Examiner recommended approval of the preliminary plat on November 30, 2004; and WHEREAS, the City Council, on December 20, 2004, considered said request and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the following Findings of Fact and Conclusions, to -wit: FINDINGS OF FACT 1. The Applicants requests approval of preliminary plat application to subdivide 9.6 acres into six lots for future single-family residential development and four tracts within a gated subdivision on property ---------------------------- Resolution No. 3792 December 15, 2004 Page 1 located at the end of SE 300th Street. Tract A would contain 6.41 acres of wetland, stream, and associated buffers. The internal private access road would be located in Tract B. Tract C would be owned by the future owner of Lot 6, and Tract D would be owned by the future owner of Lot 5. Exhibit 1, page 2; Exhibit 5; Testimony of Mr. Dixon; Exhibit 10, Plat Drawing. The lots would be terraced to remain consistent with the topography existing in the areas to be left undeveloped. Exhibit 12, Geotechnical Report, Project Description. 2. The subject property and the properties to the south and west are zoned Lea Hill Single -Family Residential (LHR1) and share a Comprehensive Plan Land Use designation of Single -Family Residential. Property to the east is zoned under King County regulations and is developed with the Hazelwood Heights single-family residential subdivision. Property to the north is zoned Leah Hill Public (LHP), and has a Public/Quasi Public Comprehensive Land Use designation. The Cobble Creek subdivision is west of the subject property. Exhibit 1, page 2. 3. The site was annexed to the City of Auburn in 2002, at which time LHR1 -- zoning regulations became applicable. Exhibit 1, page 3. The LHR1 zone requires a minimum lot size of 8,000 square feet, a minimum lot depth of 100 feet, and a minimum lot width of 80 feet. ACC 18.45.030. The proposed lots would meet or exceed the dimensional requirements of the LHR1 zone. Exhibit 1, page 3; Testimony of Mr. Dixon. 4. The proposed plat borders two public streets: 106th Avenue SE and SE 300th Street. Access would be obtained by extending SE 300th Street as a private internal access road serving all six lots. The existing terminus of SE 300th Street is a 75 -foot cul-de-sac bulb located via easement on the two lots within the Cobble Creek plat adjacent to the end of the road. The language of the easement stipulates that the encumbrance on the two lots will be extinguished when a public road is extended to the east. Because the Applicants propose a private road to the east, the easement would not be extinguished and the existing 75 -foot terminus bulb would remain. There is no future through connection from the extension of SE 300th Street due to the steep topography of the site. The new private access road would have a paved width of 20 feet within a 24 -foot access easement. Exhibit 1, page 3. Exhibit 1, page 3; Exhibit 10, Plat drawing. 5. The lots and future residential structures would be located more than 150 feet from the emergency vehicle turnaround at the existing terminus of SE 300th Street. Exhibit 1, page 5; Testimony of Mr. Dixon. All future structures farther than 150 feet from the public street must be equipped Resolution No. 3792 December 15, 2004 Page 2 with fire protection sprinklers. ACC 13.16.122. The Fire Marshal determined that Lots 1 and 6 would be required to be sprinklered. Exhibit 1, page 5. 6. The City of Auburn would provide police and fire protection, potable water, and sewer service to the subdivision. Planning staff indicated that water and sewer service are available. Testimony of Mr. Dixon. The Applicants would be required to construct an 8 -inch water line through the site along the private internal access road and connecting to the existing 6 -inch water line in 108th Avenue SE within the neighoring Hazelwood heights plat to the east. Installation of a pressure reducing valve would be necessary to provide the required minimum fire flow of 1,500 gallons per minute, consistent with the City's comprehensive water plan. Exhibit 1, pages 3 and 4; Testimony of Mr. Dixon. 7. The Applicants would be required to extend an 8 -inch sanitary sewer line along the internal private road and to stub it out to the north property line to serve future off-site development. The City would require grinder pumps to be installed in lines providing sewer service to Lots 5 and 6 if the residences on those lots would sit lower than the elevation of the roadway. Exhibit 1, page 5; Testimony of Mr. Dixon. 8. The subject property is densely forested with slopes of 16 to 20 percent that drain down to Cobble Creek. Cobble Creek runs in a northeast to southwest tending ravine occupying the majority of the site. The ravine contains a wetland in addition to the stream. Exhibit 1, page 3. Approximately 6.4 acres would be set aside in Tract A and dedicated to the City in a native growth protective easement. Exhibit 1, page 4. Due to the slopes and irregularly shaped lots, the City requested that approval be conditioned on proper placement of future structures and compliance with all setback requirements. Testimony of Mr. Dixon; Exhibit 1, page 4. 9. The Applicants commissioned a wetland evaluation from Alder NW. The on-site wetland was identified as a King County Category 2 wetland, which requires a protective buffer of 50 -feet. The wetland and buffer completely contain Cobble Creek, a perennial stream without anadromous fish. Cobble Creek has been classified as a Type 3 stream, which requires a 50 -foot buffer. Exhibit 1, page 3, Exhibit 13. Existing native vegetation would provide adequate buffering for the critical areas. Exhibit 1, page 3. Except for the construction of the water line through the wetland in a 15 -foot wide easement, there would be no disturbance of the buffer and no wetland fill. Exhibit 13, page 4. Resolution No. 3792 December 15, 2004 Page 3 10. Construction of the water line through the wetland buffer would temporarily disturb the wetland, stream, and associated buffers. Impacts would consist of the excavation of approximately 100 cubic yards of earth. Approximately 500 square feet of the wetland and approximately 2,995 square feet of the wetland buffer would be impacted. Exhibit 13, page 4. The Applicants propose to mitigate the temporary impacts of waterline construction by timing construction so that work in the critical areas would be completed in July and August, when the surface water levels are lowest. They propose to minimize erosion by utilizing best management practices and limiting the operation of equipment within the protected area. Where affected, the creek bed would be restored with placement of appropriate gravels and sand. The stream would be diverted until the waterline placement was complete. Surface soils removed during trench excavation would be preserved and used as the final materials for filling the trench line. All trees and understory vegetation removed would be replaced with native species. Exhibit 1, page 3; Exhibit 13, page 5. The critical areas mitigation plan was reviewed and approved by the City. Testimony of Mr. Dixon; Exhibit 1, page 5. 11. The subdivision would create an increased risk of human instrusion into the adjacent critical areas because it would move residential development closer to them. The City requested measures for identification and protection of critical areas, such as singage and fencing, to be imposed as conditions of MDNS approval. Exhibit 5, MDNS 12. The Applicants retained geotechnical consultants to address the issues of slope and soil stability inherent in developing the subject property. Terra Associates, Inc., conducted a slope stability analysis which concluded that with recommended protection measures, the slopes would be stable for the proposed development, and that the project would have no adverse impact on the site or adjacent properties. The March 19, 2004 geotechnical report noted that because the site contains Alderwood Gravelly loam soils on a 15-20% slope, the erosion hazard would be moderate to severe. However, Terra Associates determined that implementation of their geotechnical recommendations and compliance with Auburn's design standards would avoid or reduce erosion impacts to a level of non -significance. Exhibit 5. MDNS, Exhibit 12, Terra Associates, Inc. March 19, 2004 Study. 13. Development of the six residential lots and the private internal access street would involve clearing and grading approximately 2.6 acres and ---------------------------- Resolution No. 3792 December 15, 2004 Page 4 creation of approximately 0.6 acres of impervious area. Exhibit 5, MDNS; Exhibit 14. Storm drainage from new impervious surfaces would be managed through an underground detention and treatment system designed in accordance with the 1998 King County Storm Water Detention Manual requirements and the basic water quality menu. Exhibit 1, page 5; Exhibit 14; see Prliminary Grading and Drainage Plan, Exhibit 14. Cobble Creek leaves the subject property through an existing 18 -inch culvert at the southwest corner of the site and untimately outlets into the Green River. One 5.3 acre forested off-site basin drains into the north portion of the subject property in sheet flows before joining Cobble Creek. Exhibit 14, Preliminary Drainage Report. The project does not incorporate conveyance system nuisance problems or contribute to downstream flooding. There is no history of severe erosion in the area. Exhibit 14. 14. The site is entirely forested and has been for many years. The condition of the trees on-site was classified as generally fair to good, with no significant insect or disease problems. Trees range up to 130 feet tall. Due to on-site slopes, extensive grading would be necessary for the six home sites. The Applicants indicate that trees would only be removed from the proposed residential home sites and where necessary to construct roads and utilities. Some trees outside the identified home sites that would be at risk of falling due to clearing activity would also be removed. Overall, the Applicants propose to retain 83% of the trees on- site, including the trees in Tracts C and D. Exhibit 5, MDNS; Exhibit 15. The Applicants have submitted a tree protection plan that includes the use of orange mesh fencing to mark root protection zones of trees to be retained during clearing and grading, as well as a tree replacement plan for the cleared home sites. Exhibit 15. The Applicants' tree study found that there would be no impacts to off-site trees from the proposed development. Exhibit 15. 15. Prior to final plat approval, the Applicants would be required to demonstrate compliance with the criteria in ACC 18.48.140 inorder to obtain approval for the proposed gated community. Testimony of Mr. Dixon, Exhibit 5, MDNS; Exhibit 1, page 3. 16. The subdivision would be within the Auburn School District. The Applicants would be required to pay school impact fees prior to building permit approval. Exhibit 1, page 4. 17. According to the ITE Trip Generation Manual, the subdivision would be expected to generate six PM peak hour vehicle trips, which is below the ---------------------------- Resolution No. 3792 December 15, 2004 Page 5 threshold at which a traffic study is necessary. Exhibit 5, page 3. The Applicants would be required to pay applicable transportation impact fees at the time of building permit application. Exhibit 1, page 4. 18. The projext is exempt from parkland dedication because it creates only six lots. Exhibit 1, page 4; ACC 17.12.260. 19. Adjacent lot owners within the Cobble Creek subdivision have constructed rockeries and other features that encroach upon the subject property along the west boundary. The encroachments, which have been identified as Tracts E through I on the site plans, would be required to be resolved prior to final plat approval. Exhibit 10, Plat drawing. If lot line adjustments were used to modify the exterior plat boundary, City staff testified that one application could cover all boundary adjustments in order to minimize costs to the Applicants and that no survey would be required. An alternative would be for the Applicants to grant the encroaching lot owners permanent easements to the affected Tracts E through I. A final plat note would be required notifying all parties that no structures may be built on Tracts E through I. Exhibit 1, pages 3-4; Testimony of Mr. Dixon. 20. Pursuant to the State Environmental Policy Act (SEPA), the City of Auburn acted as lead agency for review of environmental impacts caused by the proposal. The City issued a Final Mitigated Determination of Nonsignificance (MDNS) on August 6, 2004. The MDNS contains eleven conditions required to reduce potential adverse impacts to a point of non -significance. The conditions pertain to the following: imposition of the geotechnical recommendations from the March 19, 2004 Terra Associates, Inc. study as conditions of approval; storm drainage conveyance, detention, and water quality treatment facilities; imposition of the recommendations in the January 12, 2004 Washington Forestry Consultants, Inc. tree report as conditions of approval; approval of a final wetland and stream delineation and mitigation plan; imposition of such protections as fencing and signage to protect the critical areas from increased human intrusion; protection of any cultural, historical, and archeological sites or features that are discovered during construction; and provision of water service and fire protection in compliance with City of Auburn development, regulations. Exhibit 5, MDNS. The SEPA Responsible Official based these conditions on Comprehensive Plan policies EN -2, 8, 9, 11, 12, 15, 18, 20, 22 through 26, 29, and 64 through 66; PR -7; HP -1 and 3; CF -11, 38, and 39; LU -106; and TR -23. Exhibit 5. The MDNS was not appealed. Testimony of Mr. Dixon. Resolution No. 3792 December 15, 2004 Page 6 21. The City received five public comment letters during the comment period on the MDNS. The Muckleshoot Tribe and the Washington State Department of Archeology and Historic Preservation each commented that the site has the potential to contain historical Native American archeological resources and requested that an archeological survey be completed prior to ground disturbing activities. The other three comment letters were from neighboring property owners. Two neighbors requested notice of future actions on the project. Exhibit 1, page 4; Exhibit 6. The final comment letter was submitted by a neighbor in the Cobble Creek subdivision, regarding possible degradation of salmon spawning habitat in Cobble Creek. The letter also expressed concern about the adequacy of the storm drainage plan to handle runoff from new impervious surfaces directed to the culvert serving the Cobble Creek plat. Exhibit 6. Neighboring land owner Jim Farwell testified at the hearing regarding his concern that four old maple trees in the northwest corner of the property be retained. Testimony of Mr. Farwell. The Applicant addressed this concern, noting that an arborist will be on-site during clearing and grading to protect all mature trees and other vegetation that can safely be retained outside of the construction footprint. Testimony of Mr. St. Clair. 22. The Applicants retained the archeological consultant Richard Daugherty, PhD. Working in conjunction with members of the Muckleshoot Tribe and other historians, Dr. Daugherty excavated thirteen test pits that revealed no evidence of historical or cultural material. Based on this evidence, Dr. Daugherty determined it is unlikely that the subject property was a site of significance for the tribe. However, he recommended that excavation of the site continue to be monitored for items or features of historical or cultural significance. Exhibit 16. 23. Notice of the application for preliminary plat and of the public hearing was mailed to surrounding property owners and posted on-site in accordance with City of Auburn requirements. Exhibits 8 and 9; Testimony of Mr. Dixon. CONCLUSIONS OF LAW Jurisdiction The Hearing Examiner is granted authority to make a recommendation to the Auburn City Council on preliminary plat applications pursuant to ACC 14.03.040(A) and 17.060.050. Resolution No. 3792 December 15, 2004 Page 7 Criteria for Review For a preliminary plat application to be approved, the Applicants must demonstrate the following: 1. Adequate provisions are made 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 and sites for schools and school grounds; 2. Conformance of the proposed subdivision to the general purposes of the comprehensive plan; Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans which have been adopted by the city council; 4. Conformance of the proposed subdivision to the general purposes of this title, as enumerated in ACC 17.02.030; 5. Conformance of the proposed subdivision to the Auburn zoning ordinance and any other applicable planning or engineering standards and specifications as adopted by the city, or as modified and approved as part of a PUD pursuant to Chapter 18.69 ACC; 6. The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment; 7. Adequate provisions are made so that the preliminary plat will prevent or abate public nuisances. ACC 17.06.070. Conclusions Based on Findings Adequate provisions are made 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, and school grounds. The subdivision will result in six new residential lots that will meet or exceed zoning requirements. Home sites on each lot will be terraced and situated to comply with required slope buffers and setbacks. Design of each residential lot will accommodate and protect on-site slopes, including installation of sewer grinder pumps in Lots 5 and 6 to ensure sewer service up slope. The ---------------------------- Resolution No. 3792 December 15, 2004 Page 8 project will create 6.4 acres of open space surrounding and protecting on-site slopes, wetlands, Cobble Creek, and associated buffers. The critical areas will be contained within a native growth protection easement to be dedicated to the City. The private internal access street will satisfy the requirements of the City's engineer. Lots 1 and 6 will be required to sprinkler residential structures to ensure compliance with the Fire Marshal's requirements. Potable water and sewer service will be provided by the City of Auburn, and the Applicants will provide connection to utilities to each lot of the subdivision. School aged residents of the subdivision will attend City of Auburn schools. The Applicants will pay school impact fees according to the schedule of fees in effect at the time of building permit issuance. Findings of Fact Nos. 1, 4-8, 16& 18. 2. The subdivision will conform to the general purposes of the City of Auburn Comprehensive Plan. The subdivision will be consistent with the Comprehensive Plan's land use designation for the site, as well as with the land use designations of surrounding properties. The plat would not be consistent with Comprehensive Plan Land Use Policy 23, which prohibits dead end roads exceeding 600 feet in length. The existing dead end road the project seeks to extend already exceeds 600 feet in length. This violation of Comprehensive Plan policy is limited because there is no potential for further development connected to the road due to topography. The extended dead end road will serve only six additional lots. The existing emergency vehicle turn around will remain in place and the homes farthest from the terminus will have fire sprinklers. Findings of Fact Nos. 2 & 4. 3. With conditions of approval, the project will conform to the subdivision title of the Auburn City Code, the zoning ordinance, and all other applicable policies or plans adopted by the Auburn City Council. The proposed lots will meet or exceed the dimensional requirements of the LHR1 zone. The subdivision will be consistent with the purposes and regulations of the subdivision title, with the City's design and construction standards, and with the applicable King County Critical Areas provisions. Findings of Fact Nos. 3 & 9.. 4. With conditions, potential environmental impacts of the proposed subdivision will be mitigated. The Applicants will dedicate the critical areas and their buffers to the City in a native growth protection easement. Construction of the water line through the critical area will be monitored during construction to minimize erosion. It will be mitigated after completion by placement of gravel in the streambed and replanting ---------------------------- Resolution No. 3792 December 15, 2004 Page 9 of disturbed vegetation. Approximately 83% of the site will remain in its forested, undisturbed state. An arborist will oversee tree retention and replacement. Structures placed on all lots will be required to comply with setbacks. Stormwater will be detained, treated, and released in accordance with City standards. Compliance with the conditions of approval of the City's MDNS will ensure that adverse impacts are mitigated to a point of non -significance. Findings of Fact Nos. 8 — 13, 20 & 21. 5. The subdivision will not create or contribute to public nuisances. The preliminary drainage report indicated that no increased storm water runoff will be generated by the proposed subdivision. There will be no flooding downstream caused by the subject property. The subdivision will generate no more than six new PM peak hour vehicle trips. On-site critical areas will be protected from increased disturbance by fencing and signage indicating their protected status. Nothing in the record indicates that public nuisance will result from the development. Findings of Fact Nos. 11, 13&17. RECOMMENDATION Based on the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends to the Auburn City Council that the request for preliminary plat approval to subdivide 9.6 acres into six lots for future single- family development and four tracts to comprise a gated subdivision, at the existing terminus of SE 300th Street in Auburn, Washington should be APPROVED, subject to the following conditions: 1. At the request of the City's Building Official, the Applicants shall survey and stake all applicable corners of the structure be surveyed and staked prior to the pouring of footings or foundations in order to ensure the accurate placement of the home/structure(s) in relationship to the setbacks required from property lines, easements or other similar features associated with a given lot. 2. Prior to Final Plat approval, the Applicants shall by easement, lot line adjustment, or other method (including dedication to the City) convey the property currently identified as Tracts E through I to the respective adjoining lot owners in the Plat of Cobble Creek. A final plat note shall be required to indicate to all parties that Tracts E through I shall not contain structures. Resolution No. 3792 December 15, 2004 Page 10 3. The final plat shall identify that Tract C will be owned by the future owner of'Lot 6, that Tract D will be owned by the future owner of Lot 5. Both tracts shall be encumbered by an easement conveyed to the City to ensure preservation of existing trees and to accommodate the storm drainage facility. 4. The Applicants shall provide the City with an inspection and maintenance easement for the on-site storm drainage facilities on the development site. Evidence that the easement has been executed and recorded shall be provided to the City prior to issuance of any building permits for the site. The easement and restrictions shall be shown on the face of the final plat, or the Planning Director can provide an alternative comparable encumbrance through approval. 5. The stream, wetland, and associated buffers shall be contained in Tract A, which shall be encumbered by a sensitive area/native growth protection easement granted to the City of Auburn. The easement shall state that any uses within the easement area shall require approval by the Planning Director. The uses shall be consistent with the purpose of the wetland buffer/mitigation and be a general benefit to the public. The easement and restrictions shall be shown on the face of the final plat, or the Planning Director can provide an alternative comparable encumbrance through approval. 6. Residential structures located on lots 1 and 6 shall be equipped with automatic sprinkler systems approved by the Fire Department. 7. An arborist shall be present on-site during clearing and grading to ensure protection and retention of appropriate trees. 8. The eleven conditions of the MDNS (at Exhibit 5) are incorporated as conditions of approval for the plat. 9. In order to build a gated subdivision, the Applicants must demonstrate compliance with the criteria in ACC 18.48.140 prior to final plat approval. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The above-cited . Hearing Examiner's Conclusions and Decision are herewith approved and incorporated in this Resolution. Resolution No. 3792 December 15, 2004 Page 11 Section 2. The preliminary plat to subdivide 6.9 acres into six lots for future single-family development and four tracts to comprise a gated subdivision at the end of SE 300th Street in Auburn, Washington, legally described in Exhibit "A" attached hereto and incorporated herein by this reference, is hereby approved. Section 3. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED this day of December, 2004. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk _Q Resolution No. 3792 December 15, 2004 Page 12 EXHIBIT "A" Legal Description ---------------------------- Resolution No. 3792 December 15, 2004 Page 13 ORDER NO.: 20020637 EXHIBIT "A" THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., LYING NORTHERLY OF HAZELWOOD SCHOOL ROAD (S.E. 304T" WAY) AS NOW LOCATED; EXCEPT THAT PORTION THEREOF PLATTED WITHIN HAZELWOOD HEIGHTS, AS PER PLAT RECORDED IN VOLUME 71 OF PLATS, PAGE 37, RECORDS OF KING COUNTY AUDITOR; AND EXCEPfTHAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED TRACT, THENCE NORTH ALONG THE WEST LINE THEREOF 243 FEET; THENCE EASTERLY PARALLEL TO THE NORTH LINE OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER 252 FEET, MORE OR LESS, TO THE NORTHWEST BOUNDARY OF THE HAZELWOOD SCHOOL ROAD (S.E. 30e WAY); THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY BOUNDARY OF SAID ROAD TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. CITY OF 'BU,- RN WASHINGTON December 1, 2004 MURRAY KAHN 12515 BEL -RED ROAD #201 BELLEVUE WA 98005 Peter B. Lewis, Mayor 25 West Main Street * Auburn WA 98001-4998 * www.ci.auburn.wa.us * 253-931-3000 PAT AND AL KOFAL 14740 NORTH WINDSHADE DRIVE ORO VALLEY ARIZONA 85737 RE: APPLICATION NO. PLT04-0005 Dear Applicants: Attached is the Hearing Examiner's official recommendation regarding your request that was considered by the Hearing Examiner on November 16, 2004. The City Council will consider your request on December 20, 2004 in the City Council Chambers at 7:30 p.m. You or a representative are requested to be at that meeting to answer any questions the City Councilmembers might have regarding your proposal. Following the conclusion of the City Council meeting, you must return the public notice sign to the City of Auburn Planning and Community Development Department. If the board is not returned or is not legible or is damaged, then City Code requires that the applicant shall pay a replacement fee. The replacement fee must be paid prior to the issuance of any permit, license or any other approval required by the City of Auburn that is related to subject property. If you have any questions regarding the attached, please give us a call. Sincere , Pau raus , AICP Director PK:pz Attachment cc: Building Department Public Works. Department City Clerk Leon Chute Jim McCary Derek Sinclair ALIBI JR N * MORE THAN YOU IMAGINED BEFORE THE HEARING EXAMINER OF THE CITY OF AUBURN In the Matter of the Application of Pat and AI Kofal For Preliminary Plat) NO. PLT04-0005 Highlands at Cobble Creek FINDINGS, CONCLUSIONS, AND RECOMMENDATION SUMMARY OF RECOMMENDATION The request for approval of a preliminary plat application to subdivide 9.6 acres into six lots for future single-family development and four tracts to comprise a gated subdivision at the end of SE 300th Street, in Auburn. Washington should be GRANTED. SUMMARY OF RECORD Requests Pat and Al Kofal, represented by Murray Kahn of Highlands at Cobble Creek, LLC, (Applicants), requested approval of a preliminary plat application to subdivide 9.6 acres into six lots for future single-family residential development and four permanent tracts, to comprise a gated subdivision pursuant to Auburn City Code (ACC) 18.48.140, at the end of SE 300th Street. Hearing Date An open record hearing was held before the Hearings Examiner of the City of Auburn on November 16, 2004. Testimonv At the open record hearing, the following individuals presented testimony under oath: Jeff Dixon, City of Auburn Planning Department Murray Kahn Eric St. Clair Jim Farwell Exhibits At the hearing the following exhibits were submitted as part of the record of this proceeding: Exhibit 1 Staff Report Exhibit 2 Vicinity Map Findings. Conclusions. and Recommendation Hearing E.xam.h7er /or Ci{r (jI'Achurn Kofal Preliminary Plat, PLTO-1-0005 Page 1 of 10 Exhibit 3 Completed Application Exhibit 4 Notice of Application Exhibit 5 Final MDNS Exhibit 6 Five comment letters regarding notice of MDNS Exhibit 7 Email from Applicants dated August 4, 2004 Exhibit 8 Notice of Public Hearing Exhibit 9 Affidavit of Posting Exhibit 10 Plat drawing Exhibit 11 Aerial Photograph Exhibit 12 Geotechnical Report by Terra Associates, dated March 19. 2004 Exhibit 13 Wetland Evaluation and Conceptual Restoration Report. by Alder NW, dated April 14, 2004 Exhibit 14 Preliminary Drainage Report, by Barghausen Consulting Engineers, Inc., dated February 25, 2004 Exhibit 15 Tree Evaluation and Protection Plan, by Washington Forestry Consultants, dated April 15, 2004 Exhibit 16 Letter dated November 2, 2004 and resume from Richard Daugherty, Archeologist Exhibit 17 Revision of Proposed Plat condition No. 3, from the City Planning Department Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearings Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicants requests approval of preliminary plat application to subdivide 9.6 acres into six lots for future single-family residential development and four tracts within a gated subdivision on property located at the end of SE 300t" Street. I Tract A would contain 6.41 acres of wetland, stream, and associated buffers. The internal private access road would be The subject property is known as Tax Parcel No. 0521059014. E.chihit 2. Findings, Conclusions, and Recommendation Hearing Examiner Jor Cil, of Auburn Kofa! Preliminary Plat, PLT04-0005 Page 2 of 10 located in Tract B. Tract C would be owned by the future owner of Lot 6, and Tract D would be owned by the future owner of Lot 5. Exhibit 1. page 2: Exhibit 5: Testimony, of 'Mr. Dixon,- Exhibit ixon;Exhibit 10, Plat Drawing. The lots would be terraced to remain consistent with the topography existing in the areas to be left undeveloped. Exhibit 12, Geotechnical Report, Project Description. 2. The subject property and the properties to the south and west are zoned Lea Hill Single - Family Residential (LHRI) and share a Comprehensive Plan Land Use designation of Single - Family Residential. Property to the east is zoned under King County regulations and is developed with the Hazelwood Heights single-family residential subdivision. Property to the north is zoned Leah Hill Public (LHP), and has a Public/Quasi Public Comprehensive Land Use designation. The Cobble Creek subdivision is west of the subject property. Exhibit 1. page 2. 3. The site was annexed to the City of Auburn in 2002, at which time LHRI zoning regulations became applicable. Exhibit 1. page 3. The LHRI zone requires a minimum lot size of 8,000 square feet, a minimum lot depth of 100 feet, and a minimum lot width of 80 feet. ACC 18.45.030. The proposed lots would meet or exceed the dimensional requirements of the LHRI zone. Exhibit 1, page 3: Testimony, of Mr. Dixon. 4. The proposed plat borders two public streets: 106'1' Avenue SE and SE 300'h Street. Access would be obtained by extending SE 300`' Street as a private internal access road serving all six lots. The existing terminus of SE 300th Street is a 75 -foot cul-de-sac bulb located via easement on the two lots within the Cobble Creek plat adjacent to the end of the road. The language of the easement stipulates that the encumbrance on the two lots will be extinguished when a public road is extended to the east. Because the Applicants propose a private road to the east, the easement would not be extinguished and the existing 75 -foot terminus bulb would remain. There is no future through connection from the extension of SE 300`' Street due to the steep topography of the site. The new private access road would have a paved width of 20 feet within a 24 -foot access easement.' Exhibit 1. page 3. Exhibit 1, page 3: Exhibit 10. Plat drawing. 5. The lots and future residential structures would be located more than 150 feet from the emergency vehicle turnaround at the existing terminus of SE 300'h Street. Exhibit 1, page 5,- Testimony :Testimony of 'Mr. Dixon. All future structures farther than 150 feet from the public street must be equipped with fire protection sprinklers. ACC 13.16.122. The Fire Marshal determined that Lots 1 and 6 would be required to be sprinklered. Exhibit 1. page 5. 6. The City of Auburn would provide police and fire protection, potable water, and sewer service to the subdivision. Planning staff indicated that water and sewer service are available. Testimony of 'Mr. Dixon. The Applicants would be required to construct an 8 -inch water line through the site along the private internal access road and connecting to the existing 6 -inch water line in 108th Avenue SE within the neighoring Hazelwood heights plat '` The Applicants previously obtained administrative approval to reduce the required access width from 28 feet to 24 feet and to serve more than four lots with a private road. Exhibit 1, pt ii e 3. Findings, Conclusions, and Recommendation Hearing Examiner fin- Cit. of'Auhurn Kofal Preliminar�� Plat, PL T04-0005 Page 3 of l0 to the east. Installation of a pressure reducing valve would be necessary to provide the required minimum fire flow of 1,500 gallons per minute, consistent with the City's comprehensive water plan. Exhibit 1, pages 3 and 4, Testimony of itfr. Dixon. 7. The Applicants would be required to extend an 8 -inch sanitary sewer line along the internal private road and to stub it out to the north property line to serve future oft -site development. The City would require grinder pumps to be installed in lines providing sewer service to Lots 5 and 6 if the residences on those lots would sit lower than the elevation of the roadway. Exhibit 1. page 5; Testimony of'Mr. Dixon. 8. The subject property is densely forested with slopes of 16 to 20 percent that drain down to Cobble Creek. Cobble Creek runs in a northeast to southwest tending ravine occupying the majority of the site. The ravine contains a wetland in addition to the stream. Exhibit 1, page 3. Approximately 6.4 acres would be set aside in Tract A and dedicated to the City in a native growth protective easement. Exhibit 1, page 4. Due to the slopes and irregularly shaped lots, the City requested that approval be conditioned on proper placement of future structures and compliance with all setback requirements. Testimony ofMr. Dixon; Exhibit 1, page 4. 9. The Applicants commissioned a wetland evaluation from Alder NW. The on-site wetland was identified as a King County Category 2 wetland, which requires a protective buffer of 50 -feet.' The wetland and buffer completely contain Cobble Creek. a perennial stream without anadromous fish. Cobble Creek has been classified as a Type 3 stream, which requires a 50 -foot buffer.4 Exhibit 1. page 3: Exhibit 13. Existing native vegetation would provide adequate buffering for the critical areas. Exhibit 1, page 3. Except for the construction of the water line through the wetland in a 15 -foot wide easement, there would be no disturbance of the buffer and no wetland fill. Exhibit 13, page 4. 10. Construction of the water line through the wetland buffer would temporarily disturb the wetland, stream, and associated buffers. Impacts would consist of the excavation of approximately 100 cubic yards of earth. Approximately 500 square feet of the wetland and approximately 2,995 square feet of the wetland buffer would be impacted. Exhibit 13, page 4. The Applicants propose to mitigate the temporary impacts of waterline construction by timing construction so that work in the critical areas would be completed in July and August, when the surface water levels are lowest. They propose to minimize erosion by utilizing best management practices and limiting the operation of equipment within the protected`'area. Where affected, the creek bed would be restored with placement of appropriate gravels and sand. The stream would be diverted until the waterline placement was complete. Surface soils removed during trench excavation would be preserved and used as the final materials for filling the trench line. All trees and understory vegetation removed would be replaced ' The City of Auburn is in the process of rewriting its critical areas code and relies upon King County regulations in the interim. Exhibit 13. pine 3; Testimony of hh. Dixon. ° The wetland and associated buffer contain the entirety of the stream and its 50 -foot buffer. Eyhibit 1, page 3. Findings, Conclusions, and Recommendation Hearing Examiner.Jnr Cihv o1 Auburn Kofal Preliminary Plat. PL T04-0005 Page 4 of 10 with native species. Exhibit 1, page 3: Exhibit 13. page 5. The critical areas mitigation plan was reviewed and approved by the City. Testimony of Mr. Dixon: Exhibit 1, page 5. 11. The subdivision would create an increased risk of human instrusion into the adjacent critical areas because it would move residential development closer to them. The City requested measures for identification and protection of critical areas, such as singage and fencing, to be imposed as conditions of MDNS approval. Exhibit 5, 44DNS 12. The Applicants retained geotechnical consultants to address the issues of slope and soil stability inherent in developing the subject property. Terra Associates. Inc., conducted a slope stability analysis which concluded that with recommended protection measures, the slopes would be stable for the proposed development, and that the project would have no adverse impact on the site or adjacent properties. The March 19, 2004 geotechnical report noted that because the site contains Alderwood Gravelly loam soils on a 1-20% slope, the erosion hazard would be moderate to severe. However, Terra Associates determined that implementation of their geotechnical recommendations and compliance with Auburn's design standards would avoid or reduce erosion impacts to a level of non -significance. Exhibit 5. MDN,:: Exhibit 12, Terra Associates, Inc. March 19, 2004,Study. 13. Development of the six residential lots and the private internal access street would involve clearing and grading approximately 2.6 acres and creation of approximately 0.6 acres of impervious area.' Exhibit 5, MDN.S: Exhibit 14. Storm drainage from new impervious surfaces would be managed through an underground detention and treatment system designed in accordance with the 1998 King County Storm Water Detention Manual requirements and the basic water quality menu. Exhibit 1, page 5: Exhibit 14: see Prliminary Grading and Drainage Plan, Exhibit 14. Cobble Creek leaves the subject property through an existing 18 -inch culvert at the southwest corner of the site and untimately outlets into the Green River. One 5.3 acre forested off-site basin drains into the north portion of the subject property in sheet flows before joining Cobble Creek. Exhibit 14, Preliminary Drainage Report. The project does not incorporate conveyance system nuisance problems or contribute to downstream flooding. There is no history of severe erosion in the area. Exhibit 14. 14. The site is entirely forested and has been for many years. The condition of the trees on-site was classified as generally fair to good, with no significant insect or disease problems. Trees range up to 130 feet tall. Due to on-site slopes, extensive grading would be necessary fof-the six home sites. The Applicants indicate that trees would only be removed from the proposed residential home sites and where necessary to construct roads and utilities. Some trees outside the identified home sites that would be at risk of falling due to clearing activity would also be removed. Overall, the Applicants propose to retain 83% of the trees on-site, including the trees in Tracts C and D. Exhibit 5, MDN,S: Exhibit 15. The Applicants have submitted a tree protection plan that includes the use of orange mesh fencing to mark root protection zones of trees to be retained during clearing and grading. as well as a tree 5 The new impervious surfaces would be the designed roadways and 3,500 square feet per lot. according to the Post - Developed Basin Map. Exhibit 14. Findings, Conclusions. and Recommendation Hearing Examiner Jnr Citr of Auhurn Kofal PreliminanT Plat, PLT04-0005 Page 5 of 10 replacement plan for the cleared home sites. Exhibit 15. The Applicants' tree study found that there would be no impacts to off-site trees from the proposed development. Exhibit 15. 15. Prior to final plat approval, the Applicants would be required to demonstrate compliance with the criteria in ACC 18.48.140 inorder to obtain approval for the proposed gated community. Testimony g f ',Wr. Dixon,- Exhibit 5, AfDNS: Exhibit 1, page 3. 16. The subdivision would be within the Auburn School District. The Applicants would be required to pay school impact fees prior to building permit approval. Exhibit 1, page 4. 17. According to the ITE Trip Generation Manual, the subdivision would be expected to generate six PM peak hour vehicle trips, which is below the threshold at which a traffic study is necessary. Exhibit S, page 3. The Applicants would be required to pay applicable transportation impact fees at the time of building permit application. Exhibit 1, page 4. 18. The projext is exempt from parkland dedication because it creates only six lots. Exhibit 1, page 4, ACC 117.12.260. 19. Adjacent lot owners within the Cobble Creek subdivision have constructed rockeries and other features that encroach upon the subject property along the west boundary. The encroachments, which have been identified as Tracts E through I on the site plans, would be required to be resolved prior to final plat approval. Exhibit 10. Plat draN'ing. If lot line adjustments were used to modify the exterior plat boundary. City staff testified that one application could cover all boundary adjustments in order to minimize costs to the Applicants and that no survey would be required. An alternative would be for the Applicants to grant the encroaching lot owners permanent easements to the affected Tracts E through 1. A final plat note would be required notifying all parties that no structures may be built on Tracts E through 1. Exhibit 1, pages 3-4: Testimony of Mr. Dixon. 20. Pursuant to the State Environmental Policy Act (SEPA), the City of Auburn acted as lead agency for review of environmental impacts caused by the proposal. The City issued a Final Mitigated Determination of Nonsignificance (MDNS) on August 6. 2004. The MDNS contains eleven conditions required to reduce potential adverse impacts to a point of non- significance. The conditions pertain to the following: imposition of the geotechnical recommendations from the March 19, 2004 Terra Associates, Inc. study as conditions of approval; storm drainage conveyance, detention, and water quality treatment facilities; imposition of the recommendations in the January 12, 2004 Washington Forestry Consultants, Inc. tree report as conditions of approval, approval of a final wetland and stream delineation and mitigation plan; imposition of such protections as fencing and signage to protect the critical areas from increased human intrusion; protection of any cultural, historical, and archeological sites or features that are discovered during construction; and provision of water service and fire protection in compliance with City of Auburn development regulations. Exhibit 5, MDNS. The SEPA Responsible Official based these conditions on Comprehensive Plan policies EN -2, 8. 9, 11, 12, 15. 18. 20, 22 through 26, 29, Findings, Conclusions, and Recommendation Hearing Examiner,rnr Cit- of Auhm•n Kofal Preliminurr Plus, PLTO-4-0005 Page6gf/0 and 64 through 66, PR -7; HP -1 and 3: CF -1 1, 38, and 39, LU -106: and TR -23.6 Exhibit 5. The MDNS was not appealed. Testimony, gf'Mr. Dixon. 21. The City received five public comment letters during the comment period on the MDNS. The Muckleshoot Tribe and the Washington State Department of Archeology and Historic Preservation each commented that the site has the potential to contain historical Native American archeological resources and requested that an archeological survey be completed prior to ground disturbing activities. The other three comment letters were from neighboring property owners. Two neighbors requested notice of future actions on the project. Exhibit 1, page 4,Exhibit 6. The final comment letter was submitted by a neighbor in the Cobble Creek subdivision. regarding possible degradation of salmon spawning habitat in Cobble Creek. The letter also expressed concern about the adequacy of the storm drainage plan to handle runoff from new impervious surfaces directed to the culvert serving the Cobble Creek plat. Exhibit 6. Neighboring land owner Jim Farwell testified at the hearing regarding his concern that four old maple trees in the northwest corner of the property be retained. Testimony of Mr. Farwell. The Applicant addressed this concern, noting that an arborist will be on-site during clearing and grading to protect all mature trees and other vegetation that can safely be retained outside of the construction footprint. Testimony of Mr. St. Clair. 22. The Applicants retained the archeological consultant Richard Daugherty, PhD. Working in conjunction with members of the Muckleshoot Tribe and other historians. Dr. Daugherty excavated thirteen test pits that revealed no evidence of historical or cultural material. Based on this evidence, Dr. Daugherty determined it is unlikely that the subject property was a site of significance for the tribe. However, he recommended that excavation of the site continue to be monitored for items or features of historical or cultural significance. Exhibit 16. 23. Notice of the application for preliminary plat and of the public hearing was mailed to surrounding property owners and posted on-site in accordance with City of Auburn requirements. Exhibits H and 9; Testimony of 'Mr. Dixon. CONCLUSIONS Jurisdiction The Hearing Examiner is granted authority to make a recommendation to the Auburn City Council on preliminary plat applications pursuant to ACC 14.03.040(A) and 17.060.050. Criteria for Review For a preliminary plat application to be approved, the Applicants must demonstrate the following: 1. Adequate provisions are made 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 and sites for schools and school grounds. G Refer to the MDNS (Exhibit 5) for more information concerning these Comprehensive Plan policies. Findings, Conclusions. and Recommendation Hearing Examiner for Cllr ol:411hurn Kofal Preliminai-v Plal, PL T04_0005 Page 7 of l0 2. Conformance of the proposed subdivision to the general purposes of the comprehensive plan, 3. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans which have been adopted by the city council, 4. Conformance of the proposed subdivision to the general purposes of this title, as enumerated in ACC 17.02.030, 5. Conformance of the proposed subdivision to the Auburn zoning ordinance and any other applicable planning or engineering standards and specifications as adopted by the city, or as modified and approved as part of a PUD pursuant to Chapter 18.69 ACC; 6. The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment, 7. Adequate provisions are made so that the preliminary plat will prevent or abate public nuisances. ACC 1 %.06.0?0. Conclusions Based on Findings 1. Adequate provisions are made 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, and school grounds. The subdivision will result in six new residential lots that will meet or exceed zoning requirements. Home sites on each lot will be terraced and situated to comply with required slope butters and setbacks. Design of each residential lot will accommodate and protect on-site slopes, including installation of sewer grinder pumps in Lots 5 and 6 to ensure sewer service up slope. The project will create 6.4 acres of open space surrounding and protecting on-site slopes, wetlands, Cobble Creek, and associated buffers. The critical areas will be contained within a native growth protection easement to be dedicated to the City. The private internal access street will satisfy the requirements of the City's engineer. Lots 1 and 6 will be required to sprinkler residential structures to ensure compliance with the Fire Marshal's requirements. Potable water and sewer service will be provided by the City of Auburn, and the Applicants will provide connection to utilities to each lot of the subdivision. School aged residents of the subdivision will attend City of Auburn schools. The Applicants will pay school impact fees accorditfg-to the schedule of fees in effect at the time of building permit issuance. Findings of Fact Nos. 1,4 8.16&18. 2. The subdivision will conform to the general purposes of the City of Auburn Comprehensive Plan. The subdivision will be consistent with the Comprehensive Plan's land use designation for the site, as well as with the land use designations of surrounding properties. The plat would not be'consistent with Comprehensive Plan Land Use Policy 23, which prohibits dead end roads exceeding 600 feet in length. The existing dead end road the project seeks to extend already exceeds 600 feet in length. This violation of Comprehensive Plan policy is limited because there is no potential for further development connected to the Findings, Conclusions, and Recommendation Hearing Examiner for Cii. of"Auhurn Kofal Preliminarr Plat, PL TO -4-0005 Page 8 0110 road due to topography. The extended dead end road will serve only six additional lots. The existing emergency vehicle turn around will remain in place and the homes farthest from the, terminus will have fire sprinklers. Findings gf'Facl Nos. 2 & 4. With conditions of approval, the project will conform to the subdivision title of the Auburn City Code, the zoning ordinance, and all other applicable policies or plans adopted by the Auburn City Council. The proposed lots will meet or exceed the dimensional requirements of the LHR1 zone. The subdivision will be consistent with the purposes and regulations of the subdivision title, with the City's design and construction standards, and with the applicable King County Critical Areas provisions. Findings gfFact Nos. 3 & 9.. 4. With conditions, potential environmental impacts of the proposed subdivision will be mitigated. The Applicants will dedicate the critical areas and their buffers to the City in a native growth protection easement. Construction of the water line through the critical area will be monitored during construction to minimize erosion. It will be mitigated after completion by placement of gravel in the streambed and replanting of disturbed vegetation. Approximately 83% of the site will remain in its forested, undisturbed state. An arborist will oversee tree retention and replacement. Structures placed on all lots will be required to comply with setbacks. Stormwater will be detained, treated, and released in accordance with City standards. Compliance with the conditions of approval of the City's MDNS will ensure that adverse impacts are mitigated to a point of non -significance. Findings of Fact Nos. 8 — 13, 20 & 21. 5. The subdivision will not create or contribute to public nuisances. The preliminary drainage report indicated that no increased storm water runoff will be generated by the proposed subdivision. There will be no flooding downstream caused by the subject property. The subdivision will generate no more than six new PM peak hour vehicle trips. On-site critical areas will be protected from increased disturbance by fencing and signage indicating their protected status. Nothing in the record indicates that public nuisance will result from the development. Findings of Fact Nos. 11, 13 & 17. RECOMMENDATION Based on the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends to the Auburn City Council that the request for preliminary plat approval to subdivide 9.6 acres into six lots for future single-family development and tour tracts to comprise a gated subdivision; at the existing terminus of SE 300`x' Street in Auburn. Washington should be APPROVED, subject to the following conditions: 1. At the request of the City's Building Official, the Applicants shall survey and stake all applicable corners of the structure be surveyed and staked prior to the pouring of footings or foundations in order to ensure the accurate placement of the home/structure(s) in relationship to the setbacks required from property lines, easements or other similar features associated with a given lot. Findings, Conclusions, and Recommendalion Hearing E_raminer for Cih• ufAuburn Kofal Prelin inary Plat, PLT04-0005 Page 9 of 10 2. Prior to Final Plat approval, the Applicants shall by easement. lot line adjustment, or other method (including dedication to the City) convey the property currently identified as Tracts E through I to the respective adjoining lot owners in the Plat of Cobble Creek. A final plat note shall be required to indicate to all parties that Tracts E through I shall not contain structures. 3. The final plat shall identify that Tract C will be owned by the future owner of Lot 6, that Tract D will be owned by the future owner of Lot 5. Both tracts shall be encumbered by an easement conveyed to the City to ensure preservation of existing trees and to accommodate the storm drainage facility. 4. The Applicants shall provide the City with an inspection and maintenance easement for the on-site storm drainage facilities on the development site. Evidence that the easement has been executed and recorded shall be provided to the City prior to issuance of any building permits for the site. The easement and restrictions shall be shown on the face of the final plat, or the Planning Director can provide an alternative comparable encumbrance through approval. 5. The stream, wetland, and associated buffers shall be contained in Tract A. which shall be encumbered by a sensitive area/native growth protection easement granted to the City of Auburn. The easement shall state that any uses within the easement area shall require approval by the Planning Director. The uses shall be consistent with the purpose of the wetland buffer/mitigation and be a general benefit to the public. The easement and restrictions shall be shown on the face of the final plat, or the Planning Director can provide an alternative comparable encumbrance through approval. 6. Residential structures located on lots 1 and 6 shall be equipped with automatic sprinkler systems approved by the Fire Department. 7. An arborist shall be present on-site during clearing and grading to ensure protection and retention of appropriate trees. The eleven conditions of the MDNS (at Exhibit 5) are incorporated as conditions of approval for the plat. 9. In order to build a gated subdivision, the Applicants must demonstrate compliance VAt'h the criteria in ACC 18.48.140 prior to final plat approval. DECIDED this day of November 2004. Findings, Conclusions, and Recommendation Hearing Examiner jor CitnjAu i• hurn Kofal Preliminary Plai, PLT04-0005 Theodore Paul Hunter Hearing Examiner for ir.r, -:,f Auburn Page 10 (?/'10 CITY OF Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.ci.oubum.wa.us * 253-931-3000 REQUEST FOR RECONSIDERATION Any party of record who feels the decision of the Examiner is based on error of procedure, fact or judgment, or the -discovery of new evidence may file a written request for reconsideration with the Hearing Examiner no later than December 13, 2004. Reconsideration requests should be addressed to: Hearing Examiner, 25 West Main Street, Auburn, WA. 98001-4998. CITY COUNCIL ACTION This decision of the Hearing Examiner is a recommendation to the City Council and will be considered by the Council at their December 20, 2004, meeting. At the December 20, 2004, meeting the Council may either affirm the Examiner's recommendation, remand the decision back to the Examiner, or schedule a closed record public hearing. Al TRI IR N * MOR F TH A N YOT 1 IM AGI NFD A TY OF UBURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: Public Hearing Application No. PLT04-0005 11/8/2004 Department: Planning Attachments: see Exhibit list Budget Impact: Administrative Recommendation: Hearing Examiner to recommend to the City Council approval of the preliminary plat based upon the Findings of Fact, Conclusions and Conditions as outlined. Background Summary: REPORT OF FACTS: OWNER/APPLICANT: Pat and Al Kofal, owners, represented by Murray Kahn of Highlands at Cobble Creek, LLC. REQUEST: The preliminary plat known as "Highlands at Cobble Creek" for subdivision of an approximately 9.6 -acre site into six single-family residential lots and four permanent tracts to be developed a single phase. The request is proposed to be a gated subdivision pursuant to Auburn City Code (ACC) Section 18.48.140. LOCATION: The site is located northwest of 107th Place Southeast, between SE 300`h Street and SE 303`d Court and West of 108th Avenue SE. It is within the southwest corner of Section 5, Township 21 North Range 5 East, W.M. EXISTING ZONING: LHR1, Lea Hill Single Family Residential. EXISTING LAND USE The site is vacant. COMPREHENSIVE The site has a "Single Family Residential' Comprehensive Plan PLAN DESIGNATION: Map designation. SEPA STATUS: The City issued a Final Mitigated Determination of Non -Significance on August 6, 2004. Reviewed y Council & Committees: eviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Z Fire Planning Park Board Public Works Legal Police Planning Comm. Other 0 Public Works Human Resources Action: Committee Approval: Yes No HYesHNo Council Approval: Call for Public Hearing Referred to Until Tabled Until— 7- 7— Councilmember: Singer Staff: Dixon Meetina Date: November 16. 2004 1 Item Number: EXHIBIT 1 AUBURN *MORE THAN YOU IMAGINED Agenda Subject Date: Public Hearing Application No. PLT04-0005 11/8/2004 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are: LIST OF EXHIBITS Exhibit 1: Staff Report Exhibit 2: Vicinity Map Exhibit 3: Completed Application Exhibit 4: Notice of Application Exhibit 5: Final MDNS Exhibit 6: Comment Letters (5) received in response to proposed MDNS Exhibit 7: E-mail from Applicant dated 8/4/04 addressing Historic/Culture Resource Comments Exhibit 8: Notice of Public Hearing Exhibit 9: Affidavit of Posting Exhibit 10: Plat (drawing) Exhibit 11. Aerial Photo of Site Exhibit 12. Geotechnical Report Highlands and Cobble Creek, King County Parcel No 05211059014, Terra Associates Inc., March 19, 2004. Exhibit 13: Wetland Evaluation—Conceptual Wetlands/Stream restoration Hiqhlands at Cobble Creek, Alder NW, April 14, 2004 Exhibit 14: Preliminary Drainage Report, Highlands at Cobble Creek, Barghausen Consulting Engineers Inc. February 25, 2004. Exhibit 15: Tree Evaluation and Protection Plan Highlands at Cobble Creek, Washington Forestry Consultants Inc. January 12, 2004, revised April 15, 2004. FINDINGS OF FACT The applicant has requested approval of a six -lot preliminary plat on approximately 9.6 acres. The plat is also proposed to contain four permanent tracts: Tract A to contain the stream, wetland and the combined buffer for each; Tract B, for the internal private access road; Tract C to be owned by the future owner of adjacent Lot 6; and Tract D to be owned by the future owner of adjacent Lot 5. The plat would be developed in a single phase. The applicant has also requested approval as a gated subdivision served by a private street pursuant to the City's regulations for gated subdivisions, Auburn City Code (ACC) Section 18.48.140. Page 2 of 6 Comprehensive Zoning Land Use Plan Site Single Family LHR1, Lea Hill Single Undeveloped Residential Family Residential North Public/Quasi LHP1, Lea Hill Public Undeveloped Public East Within Auburn's King County zoning: R -4 -SO Single Family PAA and subdivision of designated Single- "Hazelwood Heights" Family Residential in unincorporated King Count South Single -Family LHR1, Lea Hill Single Single Family Residential Family Residential Residential West Single -Family LHR1, Lea Hill Single Single Family Residential Family Residential Subdivision of "Cobble Creek" LIST OF EXHIBITS Exhibit 1: Staff Report Exhibit 2: Vicinity Map Exhibit 3: Completed Application Exhibit 4: Notice of Application Exhibit 5: Final MDNS Exhibit 6: Comment Letters (5) received in response to proposed MDNS Exhibit 7: E-mail from Applicant dated 8/4/04 addressing Historic/Culture Resource Comments Exhibit 8: Notice of Public Hearing Exhibit 9: Affidavit of Posting Exhibit 10: Plat (drawing) Exhibit 11. Aerial Photo of Site Exhibit 12. Geotechnical Report Highlands and Cobble Creek, King County Parcel No 05211059014, Terra Associates Inc., March 19, 2004. Exhibit 13: Wetland Evaluation—Conceptual Wetlands/Stream restoration Hiqhlands at Cobble Creek, Alder NW, April 14, 2004 Exhibit 14: Preliminary Drainage Report, Highlands at Cobble Creek, Barghausen Consulting Engineers Inc. February 25, 2004. Exhibit 15: Tree Evaluation and Protection Plan Highlands at Cobble Creek, Washington Forestry Consultants Inc. January 12, 2004, revised April 15, 2004. FINDINGS OF FACT The applicant has requested approval of a six -lot preliminary plat on approximately 9.6 acres. The plat is also proposed to contain four permanent tracts: Tract A to contain the stream, wetland and the combined buffer for each; Tract B, for the internal private access road; Tract C to be owned by the future owner of adjacent Lot 6; and Tract D to be owned by the future owner of adjacent Lot 5. The plat would be developed in a single phase. The applicant has also requested approval as a gated subdivision served by a private street pursuant to the City's regulations for gated subdivisions, Auburn City Code (ACC) Section 18.48.140. Page 2 of 6 Agenda Subject Date: Public Hearing Application No. PLT04-0005 11/8/2004 3. The site is zoned LHR1, Lea Hill Single Family, Residential. The property was annexed to the City in 2002 and the present zoning was established at that time. 4. Auburn City Code Section 18.45.030, applicable to the LHR1 zoning district, requires a minimum lot size of 8,000 square feet, a minimum lot depth of 100 feet and a minimum lot width of 80 feet. Each of the proposed lots meets or exceeds these minimum area and dimensional standards. 5. The subject property borders two streets: 1) 106th Avenue SE; and, 2) SE 300th Street. The City's Transportation Plan identifies both streets as local residential streets. Access for the plat is proposed by extending the existing terminus of the public street, SE 300th Street, approximately 260 feet east, as a private roadway to serve the six lots. The private roadway extension is proposed to be 20 feet in width, within a 24 -foot wide private access tract. The applicant has secured a deviation from City standards from the City Engineer in order to reduce the width of the access from 28 to 24 feet and in order to serve more than four lots via the private street. No other vehicle access is proposed. The existing terminus of the public street, SE 300th Street, has a temporary, 75 -foot diameter, cul- de-sac turnaround that occurs by easement on the two lots within the adjacent plat of "Cobble Creek". According to the recorded plat of "Cobble Creek", the easement may be extinguished when a public roadway is extended to the east. However, since the road will be extended as a private street, the easement will not be extinguished and will remain. The applicant will be required to demonstrate compliance with the City's standards for gated residential subdivisions (ACC 18.48.140) prior to final plat approval. The majority of the eastern. portion of the 9.6 -acre site contains a NE to SW trending ravine that contains a stream and associated wetland. The applicant has proposed and will be required to maintain a minimum fifty -foot undisturbed buffer to the wetland which spans the stream. Existing vegetation is suitable for purpose of the buffer. The site is heavily forested with 16 to 20 percent slopes leading down to Cobble Creek, a tributary to the Green River, which runs northeast to southwest through the middle of the site. Overall, the site slopes down towards the south/southeast with an overall elevation difference of approximately 50 feet. 10. The project will require construction of an 8 -inch waterline extended along the private internal roadway and continuing east approximately 685 feet to interconnect to the existing 6 -inch water line located in 108th Avenue SE within the adjacent plat of "Hazelwood Heights". Completing the interconnection with a pressure reducing value (PRV) is necessary to provide adequate minimum fire flow of 1500 gpm as identified by Improvement No. DS -676-411 in the City's Comprehensive Water Plan. 11. The construction the water line east -west through the site will require removal of forest vegetation and temporary disturbance of the wetland, stream and associated buffer for excavation of approximately 100 cubic yards. The total buffer area disturbed will be approximately 2,995 square feet. Approximately 500 feet of the wetland and stream will be temporarily affected. To compensate and mitigate for the temporary disturbance to the buffer, wetland and stream, restoration is proposed to accelerate the reestablishment of native vegetation on the affected areas of buffer and wetland. 12. The western portion of the subject property contains rockeries and other features or encroachments that appear to have constructed by the adjacent lot owners or previous owners residing within the adjacent plat of "Cobble Creek". To rectify the circumstance of these encroachments, the applicant Page 3 of 6 Agenda Subiect Date: Public Hearing Application No. PLT04-0005 11/8/2004 intends to convey portions of the subject property that are currently identified as Tract E through Tract I to the adjacent lot owners after preliminary plat approval. In order to convey portions of the subject property, a lot line adjustment also will be necessary to modify the exterior plat boundary subsequent to preliminary plat approval but prior to final plat approval. 13. The City of Auburn will provide police protection, fire protection, and public utilities to the subdivision. The plat is within the Auburn School District and the City collects impact fees for the school district at the time of building permit application. 14. The applicant shall be required to pay the applicable transportation impact fee at the time of building permit application. 15. The topography of the property and proposed irregular lot shapes require the need to ensure that structures on the future lots meet the applicable setback requirements of City Code. If approved, the preliminary plat should be conditioned to ensure the accurate placement of the home/structure(s) in relationship to the setbacks required from property lines, easements or other similar features - associated with a lot. 16. The City received five comment letters during the public comment period associated with the Notice of Application and Proposed Mitigated Determination of Non -Significance (MDNS). Three of the comment letters were received from nearby residential property owners and two of these primarily consisted of a request for future notice of project decisions. The other two letters were from the Muckleshoot Tribe and the Washington State Department of Archaeology and Historic Preservation. Each of these letters indicated that the project site has the potential for Native American archaeological resources and requested that a professional archaeological survey be conducted prior to ground disturbing activities. The applicant has agreed to conduct an archaeological survey and provide the results and observe the recommendations of the archaeological survey prior to issuance of a grading, land clearing or public facility extension permits. 17. The contents of the case files, preliminary plat application file PLT04-0005 and the environmental checklist application file SEP04-0009, for this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS I. Preliminary Plat Staff has concluded that the preliminary plat may be approved in that it is consistent with the following criteria necessary to approve a preliminary plat as outlined in Section 17.06.070 of the Land Division Ordinance. 1. Adequate provisions are made 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 and sites for schools and school grounds. Adequate provisions have been or can be provided to serve the plat. Public utilities, public schools and new streets will serve the proposed plat. The project will include clearing approximately 2.6 acres within the northwest portion of the 9.6—acre site. The balance and majority of the site, Tract A, will be protected by an easement granted to the City for protection of the stream, wetland, their buffers and inaccessible uplands. The project does not contain enough lots to necessitate park land dedication under the City's code (ACC 17.12.260). Page 4 of 6 Agenda Subiect Date: Public Hearing Application No. PLT04-0005 11/8/2004 The proposed subdivision would create lots and correspondingly residential buildings that are located greater than 150 feet from the public right-of-way and the Fire Department vehicle turnaround. Pursuant to ACC 13.16.122, future structures located greater than 150 feet from the public street (those on Lots 1 & 6 as determined by the Fire Marshal) must be served by sprinklers systems as approved by the Fire Department. An 8 -inch sanitary sewer line will be extended along the private internal roadway and be stubbed to the north property line to serve future off-site development. Grinder pumps may be required to provide sanitary sewer service to Lots 5 and 6 that are located lower than the roadway. Storm drainage from constructed impervious surfaces will be managed through provision of underground treatment and detention system. Prior approval of the use of underground facilities has been received from the City Engineer. 2. Conformance of the proposed subdivision to the general purposes of the Comprehensive Plan. The proposed plat is consistent with the general purposes of the Comprehensive Plan. However, the proposal increases non -conformity with Comprehensive Plan Policy TR -13 since it increases the length of an existing dead end street that already exceeds 600 feet. Policy TR -13 states: " ...Dead end streets shall not be more than 600 feet in length...." 3. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans that have been adopted by the City Council. The proposed plat is consistent with or capable of meeting adopted policies and plans. 4. Conformance of the proposed subdivision to the general purposes of the Land Division Ordinance as enumerated in ACC Section 17.02.030. The plat is consistent with the purpose of the Land Division Ordinance. 5. Conformance of the proposed subdivision to the Auburn Zoning Ordinance and any other applicable planning or engineering standards and specifications as adopted by the City. The plat has been or is capable of being designed in accordance with all applicable planning and engineering requirements including the City's Design and Construction Standards manual and all development standards of the Auburn Zoning Ordinance. 6. The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment. The proposal was evaluated under SEPA, City file No. SEP04-0009. The City of Auburn issued a Mitigated Determination of Non -Significance for the proposal on August 6,-2004. The MDNS was issued with eleven (11) conditions. RECOMMENDATION Based on the Facts and Findings and Conclusions of the staff report, staff recommends that the Hearing Examiner recommend to the City Council approval of the preliminary plat, subject to the following conditions: Page 5 of 6 Agenda Subject Date: Public Hearing Application No. PLT04-0005 11/8/2004 1. In order to ensure the accurate placement of the home/structure(s) in relationship to the setbacks required from property lines, easements or other similar features associated with a lot, the City's Building Official may require that all applicable corners of the structure be surveyed and staked prior to the pouring of footings or foundations. 2. As proposed by the applicant, prior to Final Plat approval the applicant shall convey the property currently identified as Tract E through Tract I to the adjoining lot owner in the Plat of "Cobble Creek" and complete lot line adjustment(s) to reconfigure the exterior boundary of the plat. 3. As proposed by the applicant, the final plat shall identify that Tract C will be owned by the future owner of Lot 6; and Tract D will be owned by the future owner of Lot 5 and that both tracts are prohibited from containing structures. 4. The proponent shall provide the City with an inspection and maintenance easement for the on-site storm drainage facilities on the development site. Evidence that the easement has been executed and recorded is required prior to issuance of any building permits for the site. The easement and restrictions shall be shown on the face of the final plat or the Planning Director can provide an alternative comparable encumbrance through approval. 5. The stream, wetland and 50 -foot buffer area shall be encumbered by a sensitive area/native growth protection easement granted to the City of Auburn. The easement shall state that any uses within the easement area shall be as approved by the Planning Director. The uses shall be consistent with the purpose of the wetland buffer/mitigation and be a general benefit to the public. The easement and restrictions shall be shown on the face of the final plat or the Planning Director can provide an alternative comparable encumbrance through approval. 6. The structures located on lots 1 and 6 must be served by an automatic sprinkler system as approved by the Fire Department. HE\APP\STRP04-5B Page 6 of 6 EXHIBIT 2 APPLICATION NO.: PLT04-0005 APPLICANT: Pat and Al Kofal REQUEST: preliminary plat approval of a six lot single family subdivision LOCATION: SE 300th Street and 106th Avenue SE PRELIMINARY PLAT APPLICATION -)�±d 0j- '-f� �Z a � . - PROPERTY OWNER'S E Sec. Twp. Rng. Zone Existing Staff Projed Coordinator: c--- CSEf�o�l-oo0 9� 10&-roq -00-() 5 APPLICATION NUMBER Area Code Scheduled Hearing ' c� ' U Date Received -4 'D ---------- ---- DO NOT WRITE ABOVE THIS LINE APPMANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except signatures) OR NEATLY PRINTED IN INK IF ADDED SPACE 13 NEEDED, ATTACH THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION. NAME OF SUBDIVISION: The Highlands at Cobble Creek Total area of subdivision: Acres: 9.66 Sq. Ft: 420.789 Total number of jots: 6 Total number of dwelling units: 6 Proposed zoning: LHR1 Existing zoning: LHR1 Proposed land use: _Single Family Residential Housing Minimum size of jot as shown on plat 10.413 sq ft Minimum jot width as shown on plat 80 feet Minimum jot depth as shown on plat 128 feet of Auburn: extension of line from 300th to 108th of Aubum: extension of existing system to Q8th Preliminary Plan EXHIBIT 3 Page 4 of 6 0 ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELOW OPPOSITE A "PARCEL NUMBER' WHICH IS ALSO SHOWN ON THE LEGAL DESCRIPTION AND INDICATES THE PROPERTY OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND ITS ATTACHMENTS. PARCEL NAME, ADDRESS & PHONE NUMBER NUMBER (Please Print) #305210590]4 Pat & Al Kofal 14740 North Wind0ade Drive Oro Valley, Arizona 85737 -(520) 818-9747 DESIGNATED CONTACT PERSON: Name: DALD do Murray Kahn Address: 12515 Bel -Red Road #201 City: Bellevue, WA 98005 Phone: (206) 227-4352 Preliminary Pw Ftv"md 1=2M NATURE, Page 5 of 6 LEGAL DESCRIPTION OF PROPERTY See "Exhibit A" for attached legal description to parol #0521059014 FEE PAYMENT: $1,030.00 and $52.00 per lot plus $721.00 for Ernftrwrental CheMlst T.R. #: DATE RECEIVED: CASHIER'S INITIALS: ;, t R Page 6 of 6 ORDER NO.: 20020637 EXHIBIT "A" THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., LYING NORTHERLY OF HAZELWOOD SCHOOL ROAD (S.E. 304' WAY) AS NOW LOCATED; EXCEPT THAT PORTION THEREOF PLATTED WITHIN HAZELWOOD HEIGHTS, AS PER PLAT RECORDED IN VOLUME 71 OF PLATS, PAGE 37, RECORDS OF KING COUNTY AUDITOR; AND EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH ALONG THE WEST LINE THEREOF 243 FEET; THENCE EASTERLY PARALLEL TO THE NORTH LINE OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER 2S2 FEET, MORE OR LESS, TO THE NORTHWEST BOUNDARY OF THE HAZELWOOD SCHOOL ROAD (S.E. 3047" WAY); THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY BOUNDARY OF SAID ROAD TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. CITY OF..... c.q E - R- WASHINGTON 25 west Main street * AUWm WA 98001-499a w •p- Peter B. Lewis; Maya aubum.wa.us * 253.931-,%,= NOTICE OF APPLICATION This notice is to inform you that the City of Auburn has received the following a lication -- g tfiafniay Abe of interest to you: — - — __ ..------__ Nature of Project or Request: Subdivision of a 9.2 -acre site into six single-family W : and two tracts. TEact A consists of a 6.41 acres for stream and wetlands anassociatedos buffeirs-: - Traid 8 consist of 0.14 acres for extension of a gated private street. The ro'e includes temporary impacts to 500 square feet of wetict ands and crossing Cobble Creek for an approximately 945 -foot extension of eight -inch water crossing to provide water service. The proposal includes construction of associated utilities. Location: The undeveloped 9.2 -acre parcel is located northwest -of 107th Place SE between SE 300th Street and SE 303rd Court and west of 108th Avenue SE in the southwest quarter of Section 5, T21 N, R5E, W. M. Date of Applicant: Murray Kahn, Dale Alan Land Development Co., LLC Notice of Application Date: July 8, 2004 Permit Application Date: March 4, 2004 Date of Notice of Completeness: May 18, 2004 File No: FAC04-0014 In addition to this facility extension, the applicant has also filed with the City an environmental checklist application (SEPA File No. SEP04-0009), Based on the City's review of this environmental checklist application and other information on file, the City expects to issue a Mitigated Determination of Non -Significance (DNS) for the proposal in accordance h the wit optional DNS process identified in WAC 197-11-355. The review process for approval of the proposal may include requiring mitigation measures under applicable codes and imposition of Mitigation measures regardless of whether an Environmental Impact Statement (EIS) is prepared. This may be your only opportunity_ to comment on the environmental impacts of the proposal. Other Permits Required: The project will be required to secure all necessary permits or approvals that may -include facility extension approval, grading permit, final plat, and building Additional Studies Provided with the Application: Preliminary Plat Sheets 1-5, Barghausen Consulting Engineers Inc., February 13, 2004. Geotechnical Report Highlands and Cobble Creek Kin Coun Parcel No 05211059014, Terra Associates Inc., March 19, 2004. Preliminary Wetland Report Highlands at Cobble Creek, AlderNW, January 13, 2004 EXHIBIT 4 AVBURN*MORE THAN YOU IMAGINED Wetland Evaluation -Conceptual Wetlands/Strearn restoration H' hlands at Cobbl April 14, 2004 !t.Creek AlderNW, Preliminary Drainage Reoort Highlands at Cobble Creek Barghausen Consulting Engineers Inc. February 25, 2004. Tree Evaluation and Protection�lan riff lands at Cobble Creek Washiri oriF January 12, 2004, revised April 15, 2004. orestry•Consuttants Inc. Preliminary version of Declaration of convenants conditions and restric+ions and reservations Water System Modetingt)iagrams City of Auburn Engineering Department April 28, 2004 Sewer -Line Extension Exhibit Highlands at Cobble Creek Barghausen Consulting Engineers Inc., April 14, 2004. Public Comment Period: You are invited to comment, request a copy of the decision, when available, and. be made aware of any appeal rights. Comments must be received in writing by the Auburn Department of Planning and Community Development at 25 West Main, Auburn, WA 98001-4998 before 5:00 p.m. on July 23, 2004. Public Hearings: A public 'hearing is required to be held by the hearing examiner on the preliminary plat. No public hearing is required for the project. Statement of Consistency and List of Applicable Development Regulations: This proposal is subject to and shall be consistent with the Auburn City Code, Auburn Comprehensive Plan, Design and Construction Standards, Building and Fre Codes. Proposed Mitigation Measures: I. Geotechnical reports. 2. Inspection and maintenance easement for the on-site storm drainage facilities. 3. Stormwater system maintenance contract. 4. Operation and maintenance program for all on-site storm water facilities. 5. Vegetative protection measures. 6. Wetland/stream restoration/mitigation plan. 7. Sensitive area/native growth protection easement. 8. Cultural and Historical considerations. 9. Lot line adjustment. 10. Approved automatic sprinkler system for structures on Lots 1 and 6. 11. Extension of water line. If you have further comments or questions related to this application, you may contact Jeff Dixon of the Planning Department at (2531 Qni---Anan If.,,,'. -11 -- _ CFFY OF Peter B. Lewis, Mayor WASHINGTON 25 West Main street * Auburn WA 98001-4998 * www.d.album.wa.us * 253-931-3000 FINAL MITIGATED DETERMINATION OF NON -SIGNIFICANCE SEP04-0009 DESCRIPTION OF PROPOSAL: The ro sed action consists of subdivision of a 9.2 -acre site into six single-family lots and two tracts. Tract A consists of 6.41 acres for stream and wetlands and associated buffers. Tract B consist of 0.14 acres for extension of a g _ rivate street. The roiect includes temporary impacts to 500 square feet of wetlands and a crossing of Cobble Creek for an approxi_ mately 945 foot extension of eight -inch water line The proposal includes construction of an associated private street and utilities. PROPONENT: Murray Kahn. Dale Alan Land Development, LLC LOCATION: IlndevelnnpA U 1-anw .,o-1 L,,..,+ea _.r. — ._ Section 5, Township 21 North Range 5 East W M LEAD AGENCY: City of Auburn The Responsible Official of the City of Auburn hereby makes the following Findings of Fact based upon impacts identified in the environmental checklist and the "Final Staff Evaluation for Environmental Checklist No. SEP04-000911, and Conclusions of Law based upon the Auburn Comprehensive Plan, and other Municipal policies, plans, rules and regulations designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act rules pursuant to R.C.W. 43.21C.060. FINDINGS OF FACT: 1. The proposed action, referred to as "Highlands at Cobble Creek" project consists of subdivision of a 9.2 -acre site into six single-family lots and two tracts. Tract A consists of 6.41 acres reserved for stream and wetlands and associated buffers. Tract B consist of 0.14 acres for extension of a gated private street. The project includes temporary impacts to 500 square feet of wetlands and crossing Cobble Creek for an approximately 945 -foot extension of eight -inch water crossing to provide water service. The proposal includes construction of an associated private road and utilities. 2. In order to accomplish the project, clearing and grading of approximately 2.57 -acres is proposed. A balanced cut and fill of 7,250 cubic yards is proposed within the northwestern comer of the site. The earthwork within this portion of the site to be developed, includes fills of up to 172 feet near its southeast corner and cuts of up to 10 feet along the west portion of the northern property boundary. The site will require the excavation, fill, and grading for the installation of utilities, to achieve slopes for drainage, for installation of building footings and slabs, for street construction, and construction of the storm drainage system. 3. The report: "Geotechnical Report Highlands at Cobble Creek, by Terra Associates Inc., March 19, 2004 was prepared to assess the impacts of project construction and contains geotechnical recommendations for the project design and construction of developing 2.57 acres of a 9.2 acre site into 6 single family residential lots. The report notes that the erosion hazard would be moderate to severe. EXHIBIT I AUBURN * MORE THAN YOU IMAGINED Determination of Non -Significance for Environmental Checklist SEP04-0009 (Continued) Page 2 Also, the report notes that the liquefaction potential is low. A slope stability analysis was conducted considering pre -and post development conditions using a model. The result identifies that the slopes are stable with respect to deep seated failure, provided recommendations of the report are followed. The report evaluates the proposed grading, underground storm.system, final site grades, foundations design and provides recommendations. 4. The proposed construction activities will increase the likelihood of erosion and sedimentation impacts and could result in the degradation of sensitive wetland areas, area watercourses and the surface water ` system. It is anticipated that design and construction consistent with local permits and design standards will avoid or reduce impactsto-a-level of insignificance. 5. The site is 9.2 -acres in size. The majority of the eastern and southern portion of the site is composed of a stream, associated wetlands and buffers as identified in the report: Preliminary Wetland Report, Highlands at Cobble Creek", A1derNW, January 13, 2004. 6. The project will increase the proximity of development to the site's sensitive wetland and stream areas. The project could potentially result in disruption to the functions and values of the existing site wetlands by adding pollutants and creating human intrusions not currently present. The provision of a wetland buffer of native vegetation of a sufficient width is necessary to reduce and avoid long-term wetland impacts. 7. The proposal includes clearing and grading approximately 2.57 -acres of uplands within the northwest corner of the site and observing a fifty -foot buffer between the development and the wetland boundary with the exception of the construction of a water line. Water line construction will cross the wetland and stream and require temporary disturbance of the buffer on either side of the wetland, the wetland and Cobble Creek with excavation of approximately 100 cubic yards. The total buffer area disturbed will be approximately 2,995 square feet. Approximately 500 feet of the wetland and the stream will be temporarily affected. 8. The water line construction could potentially result in disruption to the functions and values of the existing site wetlands and stream. To compensate for impacts from excavation and water line crossing wetlands and the creek, a conceptual mitigation plan was prepared as contained in the report: "Wetland Evaluation Conceptual Wetland/Stream Restoration, Highlands at Cobble Creek" AlderNW, April 14, 2004. The report consist of general recommendations for construction timing, management practices, creek restoration, soil restoration, tree replacement and vegetation restoration. These measures must be addressed through subsequent preparation and submittal of a mitigation plan for city review and approval. 9. The project construction includes developing approximately 6.23 percent of the site in impervious surface (approximately 26,200 square feet). It is anticipated that design and construction consistent with the City's Design and Construction Standards manual will avoid or reduce impacts to a levelof insignificance. The project has secured prior approval of use an underground stormwater detention system. 10. The creation of expanses of impervious surfaces will increase the quantity of storm water discharge from the development site. The project's storm drainage facilities must be properly designed and constructed to accommodate the increased runoff. It is anticipated that design and construction Determination of Non -Significance for Environmental Checklist SEP04-0009 (Continued) Page 3 consistent with the City's Design and Construction Standards manual will avoid or reduce impacts to a level of insignificance. 11. The proper design, construction and maintenance of the development site's storm drainage facilities are necessary to ensure protection of water quality. 12. The proposed clearing of approximately 2.57 acres would require removal of 18% of the trees on the site and with tree removal limited to the graded areas as shown on the grading plan, 83% of the site trees _ would be retained consisting of the southern portion of lots 5 and 6, buffer areas, and areas south and east of buffers). Mitigation measures are necessary to ensure protection of vegetative resources in relation to grading and clearing operations. The measures to provide wetland buffering, wetland mitigation and restoration of disturbed wetland areas will. assist in reducing impacts to vegetative and wildlife resources. 13. While the sites contain no known historic or cultural resources, the potential for these resources exists. 14. Upon completion, the operation of the proposed 6 -lot subdivision will generate new vehicle trips to the transportation system in the vicinity. According to the ITE Trip Generation Manual (Land Use Code 210) the 6 dwelling units can be expected to generate six PM peak hour vehicle trips. This is less than ,t. the level at which a traffic study is required by the City. Consistent with City regulations, the development will be responsible for traffic impact fees. 15. The.project proposes to extend theexistingterminus of the public street, SE 300th Street, approximately 260 feet as a private roadway to serve the six lots. The private roadway extension is proposed to be 20 feet in width, within a 24 -foot wide private access tract. 16. The plat is proposed to include a private gated street. Prior to final approval, the plat will be required to meet ACC 18.48.140 related to private gated residential street standards. A deviation to design and construction standard Section 2.05.1.2(n has been secured to allow more than four lots to be served by a private street and to design and construction standard Section 2.04.2 to modify the local residential street standard. 17. The existing terminus of the public street, SE 300th Street, has a temporary, 75 -foot diameter, cul- de-sac turnaround by easement on the adjacent lots within the plat of Cobble Creek. According to the plat of Cobble Creek, the easements were intended to be extinguished when a public roadway is extended to the east. But, since the road will not be extended as a public street the easement will not be extinguished. _ 18. Utilities are generally available in the vicinity of the development site. The proposed action will result in an increased demand for sewer, stormwater and water services. 19. The proposed plat includes creation of lots and correspondingly residential buildings that are located greater than 150 feet from the public right-of-way and the fire department turnaround. Pursuant to ACC 13.16.122, the structures located greater than 150 feet from the public street (Those on Lots I & 6) must be served by sprinklers systems as approved by the Fire Department. The proposed buildings will be required to meet fire code requirements for fire sprinklers. Determination of Non -Significance for Environmental Checklist.SEP04-0009 (Continued) Page 4 20. The project will require construction of an 8 -inch waterline along the length of the private access tract and continuing approximately 685 feet to the east to connect to the existing 6 -inch water line located in 108th Avenue SE within the plat of Hazelwood Heights. The interconnection is necessary to provide adequate minimum fire flow of 1500 gpm as identified by Improvement No. DS -676411 in the City's Comprehensive Water Plan. 21. The project will require construction of a sanitary sewer line along the length of the private access tract and stubbed to the northern property boundary. 22. The. City received four comment letters in response during the observance of the comment period. Two of the letters were from nearby property owners requesting to receive notice of future actions related to the project. Letters were also received from the Muckleshoot Indian Tribe and the Washington State Office of Archaeology and Historic Preservation requesting that an archaeological survey be conducted prior to ground disturbing activities and that copies of the report be provided. A requirement for preparation of archaeological survey and implementation of it's recommendations will be made a requirement of the City construction approvals. 22. The "Final Staff Evaluation for Environmental Checklist No. SEP04-0009" is hereby incorporated by reference as though set forth in full. -=.CONCLUSIONS OF LAW: Staff has concluded that a MDNS may be issued. This based upon the environmental checklist and its attachments, and the "Final Staff Evaluation For Environmental Checklist". The MDNS is supported by Plans and regulations formally adopted by the City for the exercise of substantive authority under SEPA. The following are City adopted policies which support the MDNS: I . The City shall seek to minimize surface water quality and aquatic habitat degradation 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 by requiring the use of current Best Management Practices for control of stormwater and non -point runoff. {Policy EN -2, Auburn Comprehensive Plan, (ACP)) 2. The City's design standards shall ensure that the post development peak stormwater runoff rates do not exceed the predevelopment rates. (Policy EN -8, ACP) 3. The City will seek to ensure that the quality of water leaving the City is of equivalent quality to the _ water entering. This will be accomplished by emphasizing prevention of pollution to surface and ground waters through education programs and implementation and enforcement of Best Management Practices. (Policy EN -9, ACP) 4. The City shall seek to ensure that land not be developed or otherwise modified in a manner which will result in or significantly increase the potential for slope slippage, landslide, subsidence or substantial soil erosion. The City's development standards shall dictate the use of Best Management Practices to minimize the potential for these problems. (Policy EN -64, ACP) Determination of Non -Significance for Environmental Checklist SEP04-0009 (Continued) Page 5 5. Where there is a high probability of erosion (see Map 9.5), grading should be kept to a minimum and disturbed vegetation should be restored as soon as feasible. The City's development standards shall dictate the use of Best Management Practices for clearing and grading activity. (Policy EN -65, ACP) 6. The City shall consider the impacts of new development on hazards associated with soils and subsurface drainage as a part of its environmental review process and require any appropriate mitigating measures. (Policy EN -66, ACP) 7. The City shall -seek to secure and maintain such levels of air quality as will protect human health, preventinjury" to plant and animal life,. prevent injury to property, foster the comfort and convenience of area inhabitants, and facilitate the enjoyment of the natural attractions of the area. (Policy EN -16, ACP) 8. The City shall encourage the retention of vegetation and encourage landscaping in order to provide filtering of suspended particles. (Policy EN -18, ACP) 9. The City shall consider the impacts of new development on air quality as a part of its environmental review process and require any appropriate mitigating measures. (Policy EN -20, ACP) 10. 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. (Policy EN -11, ACP) 11. The City shall require the use of Best Management Practices to enhance and protect water quality as dictated by the City's Developer Design Manual or other designated standard until it is completed. In all new development, biofiltration or other approved treatment measures shall be required prior to discharging storm waters into the City storm drainage system or into environmentally sensitive areas (e.g. wetlands, rivers, and groundwater). (Policy EN -12, ACP) 12. The City recognizes that stormwater treatment facilities do not function efficiently unless maintained. The City shall implement an Operation and Maintenance Program to ensure that public and private stormwater collection, detention and treatment systems are properly maintained. (Policy EN -15, ACP) 13. The City recognizes the important biological and hydrological roles that wetlands play in providing plant and animal habitat, protecting water quality, reducing the need for man-made flood and storm drainage systems, maintaining water quality, and in providing recreational, open space, educational and cultural opportunities. (Policy EN -23, ACP) 14. 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. In a similar manner, the levels of protection afforded to a wetland shall be consistent with its existing function and values. (Policy EN -24, ACP) 15. 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 restoration or replacement of important wetlands, and provisions for appropriate buffering. The goal of the mitigation Determination of Non -Significance for Environmental Checklist SEP04-0009 (Continued) Page 6 should be no net loss of wetland functions and values. A permanent deed restriction shall be placed on any wetlands created or enhanced to ensure that they are preserved in perpetuity. (Policy EN -25, ACP) 16. Wetlands which are associated with a river or stream, or provide significant plant and animal habitat opportunities are recognized by the City as the most important wetland systems, and shall receive the highest degree of protection and mitigation through conservation, enhancement or relocation measure_ s. Wetlands, which are limited in size, are isolated from major hydrological systems or provide limited hydrological or plant and animal habitat opportunities, may be considered by the City for development and displacement in -conjunction with appropriate mitigation. (Policy EN -26, ACP) 17. The City shall encourage the use of native vegetation as an integral part of public and private development plans. (Policy EN -29, ACP) 19. The City shall seek to retain as open space those areas having a unique combination of open space values, including: separation or buffering between incompatible land uses; visual delineation of the City or a distinct area or neighborhood of the City; unusually productive wildlife habitat; wetlands; floodwater or stormwater storage; stormwater purification; recreational value; historic or cultural value; aesthetic value; and educational value. (Policy PR -7, ACP) 19. The City shall consider the impacts of new development on the quality of land, known or suspected �:. fish and wildlife habitats (Map 9.2) and vegetative resources as a part of its environmental review process and require any appropriate mitigating measures. Such mitigation may involve the retention of significant habitats and the use of native landscape vegetation. (Policy EN -22, ACP) 20. The City shall encourage the protection, preservation, recovery and rehabilitation of significant archaeological resources and historic sites. (Policy HP -1, ACP) 21. The City shall consider the impacts of new development on historical resources as a part of its environmental review process and require any appropriate mitigation measures. (Policy HP -3, ACP) 22. Public facilities shall be provided in accord with the guidance of the Capital Facilities Plan or, as may be appropriate a system plan for each type of facility designed to serve at an adequate level of service the locations and intensities of uses specified in this comprehensive plan. (Policy CF -11, ACP) 23. Individual development projects shall provide the following minimal improvements: a. Full standard streets and sidewalks in compliance with the Americans with Disabilities Act. _ _ b. Adequate off street parking for employees and patrons. C. Landscaping. d. Adequate storm drainage control. e. Public -water supply. f. Public sanitary sewers. 9. Controlled and developed standard access to developed arterials and intersections. (Policy LU -106, ACP) 24. 'Improvements that serve new developments will be constructed as a part of the development process. All costs will be borne by the development when the proposed new streets serve the development. In some instances, the City may choose to participate in this construction where improvements serve more Determination of Non -Significance for Environmental Checklist SEP04-0009 (Continued) Page 7 than adjacent developments. The City will encourage the use of LIDS, where appropriate and financially feasible, and to facilitate their development. The City will consider developing a traffic impact fee system. (Policy TR -23, ACP) 25. The City shall require developers to construct storm drainage improvements directly serving the development, including any necessary off-site improvements. (Policy CF -38 ACP) 26. The City shall require that storm drainage improvements needed to serve new development shall be built prior to or simultaneous with such development, according to the size and configuration identified by the Drainage Plan and comprehensive Plan as necessary to serve future planned development. The location and design of these facilities shall give full consideration to the ease of operation and maintenance of these facilities by the City. The City should continue to use direct participation; LIDS and payback agreements to assist in financing of off-site improvement required serving the development. (Policy CF -39, ACP) 27. The City recognizes that stormwater treatment facilities do not function efficiently unless maintained. The City shall implement an Operation and Maintenance Program to ensure that public and private stormwater collection, detention and treatment systems are properly maintained. (Policy EN -15, ACP) -- CONDMONS: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment, and'an environmental impact statement (EIS) is not required under RCW 43.21C.030(2xc), only if the following conditions are met. This decision was made after review of a completed environmental checklist and other information of file with the lead agency. This information is available to the public on request. 1 The recommendations of the geotechnical report, Geotechnical Report Highlands and Cobble Creek, King County Parcel No 05211059014, Terra Associates Inc., March 19, 2004 and/or other subsequent site-specific soils or geotechnical reports shall be incorporated into grading and construction plans as determined by the City Engineer. 2. The proponent shall provide the City with an inspection and maintenance easement for the on-site storm drainage facilities on the development site. Evidence that the easement has been executed and recorded is required prior to issuance of any building permits for the site. The easement and restrictions shall be shown on the face of the final plat or the Planning Director can provide an alternative comparable encumbrance through approval. _ 3. The proponent shall provide an operation and maintenance program for all on-site stormwater facilities including but not limited to conveyance, storage and treatment facilities. This program is to include procedures and a schedule for maintaining all shared stormwater facilities and shall indicate the party or parties responsible for said maintenance. This program shall also include an agreement signed by all property owners utilizing the shared stormwater facilities that they agree to abide by the operations and maintenance program. This agreement and program shall be attached; binding and running with the titles of the properties that utilize the shared stormwater facilities. The operation and maintenance program for all on-site stormwater facilities shall be specified in the home owners associated by-laws. Determination of Non -Significance for Environmental Checklist SEP04-0009 (Continued) Page 8 4. To ensure proper maintenance of the proposed water quality treatment system in relation to the site's sensitive stream and wetland areas, prior to final plat approval, the owner shall provide evidence of a 5 - year maintenance contract with a qualified professional for annual routine maintenance and filter replacement. 5. The recommendations of the report, Tree Evaluation and Protection Plan Highlands at Cobble Creek, Washington Forestry Consultants Inc. January 12, 2004, revised April 15, 2004 and/or otlier subsequent site-specific vegetative protection reports shall be incorporated into grading and construction plans as determined by the -City Engineer. Grading plans shall implement the clearing limits and construction sequence identified in the report. 6. Prior to the issuance of grading permits, a final wetland/stream restoration/mitigation plan shall be submitted for review and approval by the Planning Director. 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. Mitigation for loss of wetland functions from the temporary disturbance of stream, wetlands and buffer shall consist of a combination of restoration of disturbed areas and enhancement of buffer areas, where warranted. Wetland mitigation shall be provided in general accordance with recommendations identified in the report: report: "Wetland Evaluation Conceptual Wetland/Stream Restoration, Highlands at Cobble AL'Creek," AlderNW, April 14, 2004 as modified by the Final Staff Evaluation and MDNS. Major elements of the mitigation plan shall include: a. A final wetland/stream mitigation plan, report and monitoring program, maintenance plan and contingency plan shall be submitted for review and approval in accordance with the recommendation of delineation and conceptual mitigation reports, and as modified by the MDNS conditions and Final Staff Evaluation. The plans shall establish goals and objectives to monitor and measure the success of the wetland mitigation project. b. The wetland restoration shall 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. c. The proponent shall as directed, be required to provide the Auburn Building Official with services of an approved biologist with expertise in wetlands enhancement and creation and stream restoration, for purposes of inspecting wetland/stream 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 three years following completion of all wetlands/stream 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 reports, indicating achievement of goals and objectives, and project status, shall be filed with the Building Official throughout the three-year monitoring program, with a final report provided at the end of the monitoring program. This condition does not preclude the applicant from continuing the use of biological or other professional services of choice during the progress of project construction; however, this practice will not be considered as meeting the stated condition. d. Filling and grading of the site and wetlands/stream mitigation work may occur concurrently. The mitigation construction shall be complete prior to final plat approval. Determination of Non -Significance for Environmental Checklist SEP04-0009 (Continued) Page 9 e. An appropriate security equivalent to 125 percent of the cost of all wetlands mitigation work shall be submitted to the Aubum Building Official prior to the issuance of grading permits, and shall be kept active for a minimum of three years following completion of all wetlands construction in an amount commensurate with the monitoring program and contingency plan. At the end of the monitoring program, the City shall release the security if remedial action is not required. f. Following completion and acceptance of all wetlands/stream 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. . g. The stream, wetlands and buffer 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. The boundary of the wetland/stream mitigation area 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. 7. 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 provided: a. Interpretative signs shall be installed at approximately 100 -foot intervals around the boundary of buffer and shall be maintained as part of the wetland/stream mitigation construction. The sign locations, construction specifications and text shall be specified in the final mitigation plan. b. Permanent fencing shall be provided to control intrusion into native growth protection areas. The location, construction specifications and text shall be specified in the final mitigation plan. c. The stream, wetland and wetland buffer area shall be encumbered by a sensitive area/native growth protection easement granted to the City of Auburn. The easement shall state that any uses within the easement area shall be as approved by the Planning Director. The uses shall be consistent with the purpose of the wetland buffer/mitigation and be a general benefit to the public. Evidence that the easement has been executed and recorded is required prior to issuance of any building permits for the site. The easement and restrictions shall be shown on the face of the final plat or the Planning Director can provide an alternative comparable encumbrance through approval. 8. If any items of possible cultural or historical significance are encountered during site construction activities, work shall be halted in an area large enough to maintain integrity and the City, State Office of Archaeology and Historic Preservation and the Muckleshoot Indian Tribe, as appropriate, must be immediately consulted. 9. Prior to preliminary plat approval, the plat (drawing) shall be revised to eliminate the two lots identified as "Quit Claim No. 1" and "Quit Claim No 2". Determination of Non -Significance for Environmental Checklist SEP04-0009 (Continued) Page 10 10. The structures located on lots 1 and 6 must be served by an automatic sprinkler system as approved by the Fire Department. 11. To provide adequate water service to the proposed plat, prior to final plat approval the project shall be responsible for extending an eight—inch waterline from the existing eight -inch terminus of the line in SE 300' Street, east to the existing 6 -inch water line in 108'h Avenue SE in accordance with Improvement No. DS -676-411 identified in the City's Comprehensive Water Plan. RESPONSIBLE OFFICIAL: Paul Krauss, A.I.C.P. POSITIONfME: Director of Department of Planning and Community Development ADDRESS: 25 West Main Street Auburn, ' WA 98001 (253) 931-3090 DATE ISSUED:_ Aueust 6 2004 SIGNATURE: Note: this determination does not constitute approval of the proposal. The proposal will be reviewed for and required to meet all appropriate City development requirements. Any person aggrieved of this final determination may file an appeal with the Auburn City Clerk within 21 days of the date of issuance of this notice. All appeals of the above determination must be filed by 5:00 P.M. on Aneust 27, 2004. EXHIBIT