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
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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
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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