HomeMy WebLinkAboutITEM VIII-A-5
AUBURN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6203 for Final Plat Application No. Date: September 9, 2008
PLT08-0021
Department: Planning, Building Attachments: (See Exhibit list below Budget Impact:
and Community and Exhibits
Administrative Recommendation:. City Council to introduce and adopt Ordinance No. 6203.
Background Summary:
Barbara Yarrington of Centex Homes, applicant, has made application for the Final Plat of "Trail Run,
Division No. 2". The plat received preliminary plat approval for two phases under the project name of
"River Sand". The applicant is now proposing three divisions of final plat.
As it is now known, "Trail Run" received preliminary plat approval for the subdivision of a 40.9-acre site
into 172 single-family lots and one multiple family lot for 115 dwelling units. The subdivision request also
included 19 tracts associated with the Planned Unit Development (PUD). The property is located south of
South 277th Street the in the 1200-1700 block and 20 feet easterly of the undeveloped right-of-way of "I"
Street NE.
Division No. 1, received final plat approval by Ordinance No. 6135 in November of 2007. Division No. 2
consists of 50 single family residential lots. Division No. 2 lies within the east central portion of the site
and consists of alley-loaded lots. The City requires that each phase can stand-alone pursuant to Auburn
City Code (ACC) Section 18.69.110.
The preliminary plat was approved by the City Council on December 5, 2005 by Resolution No. 3952.
Concurrently with the preliminary plat approval, the property was rezoned to the City's PUD, Planned Unit
Development zoning designation by Ordinance No. 5971. The plat has been developed in accordance
with the PUD, Planned Unit Development zoning district as defined by ACC, Section 18.69 (subsequently
repealed).
L0915 03.5 PLT08-0021
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
? Information Services
Action:
Committee Approval: ?Yes ?No
Council Approval: ?Yes ?No Call for Public Hearing
Referred to Until _
Tabled Until
Councilmember: Norman Staff: Baker
Meeting Date: September 15, 2008 Item Number: VIII.A.5
AUBURN * MORE THAN YOU IMAGINED
Agenda Subject: Ordinance No. 6203 for Final Plat Application No. Date: September 8, 2008
PLT08-0021
A financial security in lieu of completion of all of the plat has been provided to the City. The City
Engineer has signed the Certificate of Improvements accepting the security in lieu of the
applicant completing all of the infrastructure improvements.
Prior to recording of the final plat, some minor changes are needed to the face of the plat. The
City will not sign the Final Plat drawings until all changed have been completed.
Attached are the following Exhibits:
Exhibit 1 - Final Plat (map)
Exhibit 2 - Completed Final Plat Application Form
Exhibit 3 - Resolution No. 3952, approving the Preliminary Plat of River Sand
Exhibit 4 - Ordinance No. 5971, approving the rezone to PUD, Planned Unit Development
Exhibit 5 - Mitigated Determination of Non-Significance, File No SEP04-0037
Exhibit 6 - The City Engineer's Certificate of Improvements
Exhibit 7 - Proposed Ordinance No. 6203 (approving the Final Plat of Trail Run, Division No 2.)
Page 2 of 2
ORDINANCE NO.6 2 0 3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE FINAL PLAT OF TRAIL RUN, DIVISION NO. 2
WHEREAS, on or about April 14, 2004, the City of Auburn received an
application for a preliminary plat - Application No. PLT04-0006, requesting
preliminary plat approval of a 173 lot Single-Family and Multiple-Family
Residential subdivision known as River Sand; and
WHEREAS, said request was referred to the Hearing Examiner for study
and public hearing thereon; and
WHEREAS, following initial staff review, and referral of the preliminary plat
to the City's Hearing Examiner, the Hearing Examiner conducted a public hearing
and review, ultimately forwarding his recommendations to the City Council for its
action; and
WHEREAS, thereafter, on December 5, 2005, the City Council passed its
Resolution No. 3952, approving the Preliminary Plat of Trail Run, Division No. 2;
and
WHEREAS, the City of Auburn has now received the final plat application
for the Plat of Trail Run, Division No. 2, Application No. PLT08-0021; and
WHEREAS, based on the review given this Plat by the City, the City
Council hereby makes and enters the following:
----------------
Ordinance No. 6203
September 11, 2008
Page 1 of 4
FINDINGS OF FACT
1. Centex Homes, represented by Barbara Yarrington, has requested final
plat approval of Trail Run, Division No. 2 and all applicable conditions
have been met.
2. The preliminary plat was approved by the City Council on December 5,
2005 by Resolution No. 3952. The preliminary plat was approved with two
proposed divisions. With this application the applicant is revising the
proposal to include three divisions. The plat has been developed in
accordance with the PUD, Planned Unit Development zoning district.
3. Subsequent to preliminary plat approval, the applicant requested
administrative approval of the a minor adjustment to the plat to revise the
boundaries of the open space tracts, to divide what is identified as one
tract into two separate tracts, to re-orient two lots and to affect minor lot
line changes to the single family and multiple family lots. The Planning
Director approved the minor adjustment pursuant to ACC 17.06.100.A.
4. A Certificate of Improvements has been issued by the City Engineer,
accepting all required plat improvements.
5. The applicant has dedicated a 1.70-acre (74,241 square foot) parcel of
land to the City of Auburn for park development associated with the first
phase of the plat (Division No. 1). The applicant has also dedicated 0.92
acres (40,155 square feet) within six tracts as a lineal park/open space
within the first phase (Division No. 1). The balance of the park dedication
is proposed with the future Division No. 3.
CONCLUSIONS OF LAW
The Final Plat is in compliance and in conformity with applicable Zoning
and Land Division Ordinances and other applicable land use controls.
2. The Plat is consistent with the Comprehensive Plan.
3. The Plat meets the requirements of Chapter 58.17 RCW.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
----------------
Ordinance No. 6203
September 11, 2008
Page 2 of 4
Section 1. Approval. Trail Run Division No. 2, a subdivision
involving property located within the City of Auburn, Washington, which plat is
legally described on Sheet 2 of the Final Plat and set forth in Exhibit "A," attached
hereto and incorporated herein by reference, is hereby approved, and deemed to
conform to the requirements for Plat approval pursuant to State and local law and
Chapter 58.17 of the Revised Code of Washington and Section 58.17.140
thereof.
Section 2. Constitutionality or Invalidity. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being hereby
expressly declared that this Ordinance and each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed adopted and
approved and ratified irrespective of the fact that nay one or more section,
subsection, sentence, clause or phrase be declared invalid or unconstitutional.
Section 3. Recordation. Upon the passage, approval and publication of
this Ordinance as provided by law, the City Clerk of the City of Auburn shall
cause this Ordinance to be recorded in the office of the King County Records,
Elections and Licensing Services Division.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 5. Effective Date. This ordinance shall take effect and be
in force five (5) days from and after its passage, approval and publication, as
provided by law.
----------------
Ordinance No. 6203
September 11, 2008
Page 3 of 4
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
AP ROVED„ Tb FORM
i B. Heil,
City Attorney
Published:
----------------
Ordinance No. 6203
September 11, 2008
Page 4 of 4
Exhibit "A", Ordinance No. 6203
LEGAL DESCRIPTION
PROJECT NAME: River Sand PUD
PROJECT ADDRESS: Northeast and Southeast Quarters of Section 31, Township
22 North, and Range 05 East
South 277' Street and Z' Street NE, Auburn
PROJECT PARCEL #: 000420-0023
THAT PORTION OF THE GEORGE E. KING DONATION LAND CLAIM (D.L.C.) NO. 40
IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST W.M., DESCRIBED AS
FOLLOWS:
COMMENCING AT A 6"X6" SANDSTONE MONUMENT MARKING THE SOUTHWEST
CORNER OF THE R.H. BEATTY D.L.C. NUMBERS 37 AND 44;
THENCE SOUTH 89°00'01 " EAST, ALONG THE SOUTH LINE OF SAID R.H. BEATTY
D.L.C. AND THE NORTH LINE OF THE W.A. COX D.L.C. NO. 38, A DISTANCE OF
2,643.18 FEET TO A 2" DIAMETER CONCRETE-FILLED IRON PIPE MARKING THE
SOUTHEAST CORNER OF SAID R.H. BEATTY D.L.C. AND THE NORTHEAST CORNER
OF SAID W.A. COX Q.L.C.;
THENCE, CONTINUING SOUTH 89'00'01" EAST, 638.43 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE, CONTINUING SOUTH 89'00'01" EAST, 1,617.39 FEET TO A POINT ON A
LINE ESTABLISHED BY BOUNDARY LINE AGREEMENT RECORDED UNDER KING
COUNTY RECORDING NO. 8110150749;
THENCE, ALONG SAID LINE, SOUTH 46'26'33" EAST 103.45 FEET;
THENCE, ALONG SAID LINE, SOUTH 34'19'49" EAST 211.01 FEET;
THENCE, ALONG SAID LINE, SOUTH 09'48'39" WEST 412.45 FEET;
THENCE, ALONG SAID LINE, SOUTH 01'43'38" EAST 263.60 FEET;
THENCE, ALONG SAID LINE, SOUTH 08'38'47" WEST 208.18 FEET;
THENCE NORTH 88'49'05" WEST 503.22 FEET;
THENCE NORTH 19'30'00" EAST 110.98 FEET;
THENCE NORTH 88°49'05" WEST 1,283.52 FEET;
THENCE NORTH 01'48'33" EAST, ALONG A LINE PARALLEL WITH THE EAST LINE
OF SAID COX D.L.C., 1,008.50 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR SOUTH
277TH STREET, DESCRIBED AS FOLLOWS:
BEGINNING AT SAID TRUE POINT OF BEGINNING;
THENCE, CONTINUING SOUTH 89'00'01" EAST, 1,617.39 FEET TO A POINT ON A
LINE ESTABLISHED BY BOUNDARY LINE AGREEMENT RECORDED UNDER KING
COUNTY RECORDING NO. 8110150749;
THENCE, ALONG SAID LINE, SOUTH 46'26'33" EAST 103.45 FEET;.
THENCE, ALONG SAID LINE, SOUTH 34'19'49" EAST 60.80 FEET,
THENCE NORTH 79005'59" WEST 581.27 FEET;
THENCE NORTH 88'59'57" WEST 1,156.72 FEET TO A POINT 20.00 FEET EAST
OF THE EAST RI GHT-OF-WAY MARGIN OF "I" STREET NORTHEAST;
THENCE NORTH 01'48'33" EAST 20.00 FEET TO THE POINT OF BEGINNING OF
THIS EXCEPTION;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
,. JBU
WASHINGTON
°I Ii ryfw .#'3 t l'y DP. _.:....:..
MASTER LAND USE APPLICATION - PLANNING APPLICATIONS
Project Name Trail Run (formerly River Sand P.U. D.) Date July 23, 2008
Parcel No(s) 000420-0023
Site Address S. 277th St. & "I" St. NE
Legal Description (attached separate sheet if necessary) Attached
Applicant
Name: Centex Homes
Mailing Address: 11241 Slater Avenue. Ste. 100. Kirkland. WA 98033
Telephone and Fax:425.216.3400. 425.216.3401
Email: bivarjnaton(@centexhomes.com/
Si nature: L---
Owner (if more than one att ch another heet)
Name: Centex Homes
Mailing Address: 11241 Slater Avenue, Ste. 100, Kirkland, WA 98033
Telephone and Fax: 425.216.3400. 425.216.3401
Email: bivarrinaton centex mes.com
Si nature: _ C- rl gg r
Engineer/Arch itectu re/Other'
Name: Northern Pacific Consultina Enaineers
MailingAddress:413 29th Street NE, Ste. C. Puvallup. WA 98372
Telephone and Fax: L53. / I U.,5[LL, L5.5. / t U.USLL
Email: bmcdowell (a)ngcenaineers.com
Description of Proposed Action:
Final Plat Approval, Phase II
T e of Application Required Check all that Apply)
Administrative Appeal* Rezone (site specific)* Area Wide
Administrative Use Permit* Short Plat
Annexation* Special Exception*
Boundary Line Adjustment Special Home Occupation Permit*
Comprehensive Plan Amendment (Text or Map)* Substantial Shoreline Development*
Conditional Use Permit* Surface Mining Permit*
Critical Areas Variance* Temporary Use Permit
Development Agreement* Variance*
? Environmental Review (SEPA)*
Final Plat *Please note that public notification is
required. A separate cost is charged
Preliminary Plat* for the signs. City prepares signs but
PUD Site Plan Approval applicant responsible for sign posting.
Reasonable Use Exce tion*
Page 1 of 2
AUBURN *MORE THAN YOU IMAGINED
9
RESOLUTION NO. 3 9 5 2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING A
PRELIMINARY PLAT APPLICATION FOR A 173 LOT
RESIDENTIAL SUBDIVISION KNOWN AS RIVER
SAND AND A PLAT MODIFICATION WITHIN THE
CITY OF AUBURN, WASHINGTON
WHEREAS, Application No. PLT04-0006, dated April 14, 2004, has
been submitted to the City of Auburn, Washington, by Rob Purser on behalf of
Centex Homes, requesting preliminary plat approval for a 173 lot Single-Family
and Multiple-Family Residential subdivision known as River Sand; and
WHEREAS, said request referred to above 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 application in the Council Chambers of the
Auburn City Hall on August 16, 2005, of which the Hearing Examiner
recommended that there is not enough information to make a written
recommendation on the request for approval of the rezone to PUD and approval
of the preliminary plat. For this reason, the Hearing Examiner recommends that
the requests be remanded to the Planning and Community Development
Department to allow the Applicant to submit the following additional information:
1. A plan to provide more definite information on a second general access
for the proposed access that complies with Comprehensive Plan Policy
TR-13. The plan should be more certain than the plan presently
submitted by the Applicant.
Resolution No. 3952
November 29, 2005 i;
Page 1
2. A traffic impact analysis that addresses the binding site plan (PUD
Exhibit 11), and addresses the different access scenarios that could
occur.
3. Current traffic level of service information to ensure the proposed project
complies with Comprehensive Plan Policies TR-17 and TR-18.
4. A reconfiguration of dedicated park land such that Tracts A through G
are not considered dedicated park land.
The Hearing Examiner recommendation also states that if the information is
submitted to the satisfaction of the Planning Director, the Hearing Examiner will
re-hear those portions of the application. If the Applicant is unable to submit the
information to the satisfaction of the Planning Director, the Hearing Examiner
recommends that the requests for plat and PUD be denied; and
WHEREAS, at its regular meeting of November 7, 2005, the City Council
voted to conduct a closed record hearing on the Hearing Examiner's
recommendations; and
WHEREAS, a closed record hearing was held November 18, 2005, at
which time the City Council considered the Hearing Examiner's
recommendations and the material presented to the Hearing Examiner after
which the Council voted to approve Application No. PLT04-0006 with the
conditions recommended by staff as well as two additional conditions to
eliminate lot number 169 lot and re-orient lots 167 and 168 to front onto P
Street NE and to provide physical features to define the separation between the
Resolution No. 3952
November 29, 2005
Page 2
tracts containing the linear trails and the adjacent lots as approved by the Parks
Director.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The following Findings and Conclusions are herewith
approved and incorporated in this Resolution.
Section 2. The request for preliminary plat approval and a plat
modification to reduce the amount of park land dedication for a 173 lot Single-
Family and Multiple-Family Residential subdivision known as River Sand within
the City of Auburn, legally described in Exhibit "A" attached hereto and
incorporated herein by this reference, is hereby approved subject to the
following conditions:
1. Lot No. 169 shall be eliminated and Lots No. 167 and 168 shall be re-
oriented to front on the plat's internal public street identified as "P Street
NE" and the adjacent access tract shall be eliminated.
2. Prior to Final Plat approval the Applicant shall submit a plan for review
and approval by the Parks Director to provide a separation, using such
features as short fences, rockeries and mow strips, between the
residential Lots 1-34, Lot 68 and the adjacent dedicated park land tracts,
(Tracts B, D, and F). The requirement to maintain the separation shall
also be addressed by the required legal instrument setting forth the
permanent care and maintenance of open spaces and park land.
3. Prior to final plat approval, the Applicant shall secure DARPA approval
from the Army Corps of Engineers to relocate the north-south drainage
ditch and associated easement located within the western one-third of
the site as shown on the plat.
4. The Applicant shall submit a legal instrument setting forth a plan or
manner of permanent care and maintenance of open space, recreational
Resolution No. 3952
November 29, 2005
Page 3
areas, private roads, park land, and other communally-owned facilities.
No such instrument shall be acceptable until approved by the city
attorney as to its legal form and effect. Common spaces shall be
guaranteed by a restrictive covenant describing that the space, its
maintenance, and improvement are appurtenant to the land for the
benefit of the residents of the planned unit development and adjoining
property owners. The final plat shall grant easements to the City of
Auburn in all private open space and park land tracts so that the City
may perform maintenance in the event of improper maintenance by the
homeowners' association. All maintenance shall adhere to City of
Auburn standards.
5. Prior to final plat approval, traffic calming devices shall be financially
guaranteed for installation on 50th and 51st Streets NE. Traffic calming
methods and design must be approved by the City Engineer prior to final
plat approval.
6. Prior to issuance of construction approvals, the Applicant shall prepare a
sight distance plan for review and approval by the Planning and Public
Works Directors. The plan shall document the sight distance triangles at
all intersections and comers and shall define measures to ensure
maintenance and protection of sight distances within lots and tracts,
including easements. This may result in minor changes to the plat
design to ensure that all applicable requirements are satisfied.
7. The Applicant shall prepare a Final Landscaping Plan that demonstrates
that all landscaping in the public rights-of-way, storm drainage tracts, and
open space tracts conform to City standards. The plan must
demonstrate conformance with standards for acceptable tree types and
root barriers, etc., and must also show coordination with utility and road
improvements. The plan must also include maintenance and conform
the standards in ACC 18.50.070. The Applicant shall provide root
deflection devices or similar mechanisms for all trees planted within five
feet of curbs, sidewalks, or pavement to ensure mature trees does not
contribute to pavement deterioration. Care should be taken by the
Applicant to account for individual lots' ingress and egress when defining
the location of proposed street trees. The landscaped median of "M"
Street NE shall be the responsibility of the homeowners' association and
be included in the landscaping maintenance plan: The plan must be
approved by the Planning Department prior to final plat approval.
Resolution No. 3952
November 29, 2005
Page 4
8. In order to meet subdivision requirements of ACC 17.12.260 related to
dedication of recreation land and based on the submitted preliminary
plat, the applicant shall either;
a. Dedicate 4.85 acres of land generally in the location identified as
Tracts O & P on the Preliminary Plat, by DBM Engineers, dated
5/25/05 and in a configuration acceptable to the Parks Director;
or,
b. Alternatively, the City will accept the lesser dedication of 4.0 acres
within the areas identified as Tracts A-G, O & P on the Preliminary
Plat, by DBM Engineers, dated 5/25105 The remainder of the
required land (0.85 acres) to meet the recreation land dedication
standard shall be in the form of a voluntary agreement with the
City, acceptable to the City of Auburn Parks Director, to provide a
fee-in-lieu of dedication estimated to be the amount of
$141,312.50. The estimated calculation is based on the currently
proposed 287 dwelling units and a formula of community parks
development cost of ($166,250.00 per acre) X 0.85 acres. The
actual amount shall be paid prior to final plat approval for each
phase, shall be based on the number of units / lots proposed for
each final plat application.
9. The linear trail Tracts A through G, as identified on the Preliminary Plat,
by DBM Engineers, dated 6/28/05 shall be maintained by the developer
and/or the home owner's association as a condition of the final plat. The
maintenance schedule and responsibilities shall be identified in the
CCR's whose language shall be reviewed and approved by the Parks
Director prior to final plat approval and recording. A maintenance
easement shall be provided on the final plat.
10. The developer agrees to and shall be responsible for construction of a
play area featuring a minimum of nine (9) play events to accommodate
over thirty-five (35) children. In a space whose minimum fall zone is
1,050 square feet, 1/2 basketball court, irrigation system, and
landscaping in Tract O. The materials supplied and installed must meet
the current Park Department standards as supplied by the Parks Director
prior to installation and final plat approval.
11. As part of the engineering/construction drawings that are typically
submitted for construction of the subdivision there shall also be
submitted engineering/construction drawings for the construction of park
improvements in Tract "O". The park improvements shall be approved
Resolution No. 3952
November 29, 2005
Page 5
by the City of Auburn Parks Director prior to the approval of the
construction drawings for the plat. The materials supplied and installed
must meet the current City Parks Department standards and be
approved by the Parks Director prior to installation and final plat
approval.
12. To address the impacts from the project's new impervious surfaces, the
Applicant shall comply with one of the following prior to final plat
approval:
a. Storm drainage facilities shall be constructed on-site to limit the
off .site discharge for the post-developed 100-year flow to less
than 7.2 cubic feet per second (cfs). 7.2 cfs is the capacity of
downstream culvert number four that would be overwhelmed from
the storm water generated by the project in the event of a 100-
year storm and saturated ground. Culvert number four is a 24-
inch storm drainage culvert located within the King County right-
of-way of 86th Avenue South approximately 800 feet north of Wh
Avenue South's intersection with South 277th Street.
b. The Applicant shall secure approvals from the appropriate
agencies for replacement of downstream culvert number four.
The replacement culvert must have a minimum capacity of 93
cubic feet per second to correspond with the combined capacity of
the tributary culverts located upstream. Culvert number four is a
24-inch storm drainage culvert located within the King County
right-of-way of 86th Avenue South approximately 800 feet north of
86th Avenue South's intersection with South 277th Street.
C. The Applicant shall secure approvals from the appropriate
agencies to provide an alternate downstream storm drainage
route terminating in the Green River. The Applicant shall
demonstrate to the satisfaction of the City Engineer that the
alternate drainage route has adequate hydraulic capacity to
convey the post-developed 100-year flow with saturated ground
prior to construction authorization. The Applicant shall
demonstrate to the satisfaction of the City that the alternate
drainage route would have no adverse environmental effects.
13. Pedestrian/ornamental street lights shall be installed by the Applicant
along the interior streets and sidewalks of the plat. The style of the lights
shall be consistent with City standards or be an ornamental style similar
to the "Whatley, Washington Series 405 fluted fiberglass pole with acorn-
Resolution No. 3952
November 29, 2005
Page 6
style post-top fixture" as submitted in the preliminary plat application.
The City Engineer shall review the spacing and location of the lights to
ensure that adequate lighting is provided along the surface of all streets
and any adjacent sidewalks.
14. Horne designs shall be consistent with the drawings entitled "Multiple
Family Housing Elevations and Floor Plans," and "Single Family Housing
Elevations and Floor Plans," both dated March 11, 2004 as submitted as
part of the preliminary plat application. Home exterior colors shall be
consistent with "Color Palette, Homescapes, Sherwin Williams, 2002," as
submitted as part of the preliminary plat application, except that the
"Bright and Bold" color scheme shall not be used.
15. The final landscape design shall be generally consistent with the
preliminary landscaping plan as submitted by the Applicant as part of the
preliminary plat application. The project will also require furniture in the
open space areas, and coordinated fencing and entrance signs. Bench
furniture and fencing shall be generally consistent with those designs
submitted as part of the preliminary plat application. Furniture and
fencing shall be of consistent design and material throughout the project.
Any entrance signs shall be a low monument style with landscaping
accents. The number of signs, their style, placement, and landscaping
shall be approved by the Planning Director prior to final plat approval.
16. The Applicant has proposed that Lots 1 through 67 shall be accessed
only through an alley. The final plat shall include a requirement that Lots
1 though 67 shall be developed as alley-loaded lots unless the Applicant
documents and demonstrates to the satisfaction of the Planning Director
that market demand for this housing style does not exist. In the event
that a lack of market demand is sufficiently demonstrated, a reduced
number of alley-loaded lots will be required for Lots 35 through 67 only.
17. Prior to the issuance of clearing and/or grading permits subsequent to
permit No. GRA04-0025 issued August 27, 2004, the Applicant shall
furnish the City of Auburn City Engineer and appropriate City of Kent
staff person with a proposed haul route and schedule for hauling soil
material to and/or from the site for review and approval by both entities.
If, in the opinion of the city representatives, such hauling will adversely
impact the street network, hauling hours may be coordinated and limited
to appropriate off-peak hours or alternative routes. The haul route plan
shall also include a traffic control plan for approval by the City of Kent
and the City of Auburn. The Applicant shah submit a Haul Route Plan
Resolution No. 3952
November 29, 2005
Page 7
prior to Phase I final approvals to avoid any traffic impacts generated by
truck trips during the construction and grading phases.
18. The recommendations of the geotechnical report "Geotechnical Report
River Sand "I" Street NE and South 277th Street," by Terra Associates,
Inc., dated February 4, 2004 (attached as Plat Exhibit 19) and/or other
subsequent site specific soils or geotechnical reports shall be
incorporated into clearing, grading, and other appropriate construction
plans subsequent to permit No. GRA04-0025 issued August 27, 2004, as
determined by the City Engineer. Special consideration shall be given to
the recommendations for storm pond design identified in the
geotechnical report.
19. The Applicant's grading plans subsequent to permit NO. GRA04-0025
issued August 27, 2004 shall be prepared in conjunction with and
reviewed by a licensed geotechnical engineer. The geotechnical
engineer shall develop and submit, for the City's review, specific
recommendations to mitigate grading activities giving particular attention
to developing a plan to minimize the exposure of on-site soils and
address grading and related activities during wet weather.
20. _ A licensed geotechnical engineer shall monitor on-site rough/preliminary
plat grading activities subsequent to permit No. GRA04-0025 issued
August 27, 2004 to ensure that the recommendations of the preliminary
geotechnical report and any additional conditions or requirements are
implemented. Based on recommendations of the geotechnical report,
the geotechnical engineer should review final design and specifications
to verify that earthwork and foundation recommendations have been
properly interpreted and implemented in the project design. The
geotechnical services to be provided during construction are to observe
compliance with the design concepts, specifications, and geotechnical
report recommendations.
21. Upon completion of rough grading and excavation, a geotechnical
engineer shall re-analyze the site and determine if new or additional
mitigation measures are necessary. If warranted, a revised geotechnical
report shall be submitted to the City of Auburn for review and approval by
the City Engineer.
22. Prior to the placement of fill in addition to that authorized by permit No.
GRA04-0025 issued August 27 2004, the City Engineer shall approve
the source of the imported fill material for all structural fill and other fill
activities. Compaction monitoring and testing shall be required for all fill
Resolution No. 3952
November 29, 2005
Page 8
areas, both structural and non-structural for City review. Compaction
reports for structural fill shall be provided to the City Engineer for review
prior to acceptance.
23. Prior to issuance of grading permits subsequent to permit No. GRA04-
0025 issued August 27, 2004, a wetland hydroperiod analysis shall be
submitted to the City for review and approval. The analysis shall include
a pre-developed analysis of the existing hydrologic volume tributary to
the wetlands, and post-developed volumes from tributary areas directed
to the wetlands. A wetland biologist shall be consulted to verify the
appropriate hydrologic support necessary to maintain existing wetland's
function and value. If augmentation is warranted to reduce or avoid
impacts, rooftop drainage or other acceptable means can be directed to
the wetlands at a volume approximating existing conditions to maintain
hydrologic support of the wetlands. A monitoring plan/program shall also
be developed for City review and approval. The Department of Ecology's
Stormwater Management Manual for Western Washington (2001) will
provide guidance for performing the wetland hydroperiod analysis,
information on maximum acceptable hydroperiod alterations,
recommendation for reducing development impacts on wetland
hydroperiod and water quality, recommendation for flow control and
treatment for storrnwater discharges to wetlands and recommendation
for post-development wetland monitoring.
24. Prior to approval of the grading permit subsequent to permit No. GRA04-
0025 issued August 27, 2004, (or approval of half-street improvements
to S 277th Street unless it is demonstrated to the satisfaction of the
Planning Director that the half-street improvements will not result in
wetland filling) a final wetland mitigation plan shall be prepared and
submitted for review and approval by the Planning Director and Public
Works Directors. The plan shall be approved prior to the issuance of the
subsequent grading permits or other construction permits. If applicable,
the plan shall identify the amount of wetland impact associated with half-
street improvements to S 277th Street and any associated wetland
mitigation.
The plan shall include the proposed construction sequence, grading and
excavation details, erosion and sedimentation control features needed,
planting plans specifying species, quantities, locations size, spacing, and
density, source of plant materials, propagules and seeds, water and
nutrient requirements for plants and water level maintenance practices.
Mitigation for reduction in wetland functions from the disturbance and
increased proximity of development shall consist of enhancement of
Resolution No. 3952
November 29, 2005
Page 9
wetland buffers. Wetland mitigation shall be provided in general
accordance with recommendations identified in the report: "Conceptual
Wetland Mitigation Plan of the River Sand Property", J.S. Jones and
Associates Inc., January 26, 2005, as modified by the Final Staff
Evaluation and MDNS. Major elements of the mitigation plan shall
include:
a. A final wetland mitigation plan, report and monitoring program,
maintenance plan and contingency plan shall be submitted for
review and approval in accordance with the recommendations of
the delineation and conceptual mitigation reports, and as modified
by the MDNS conditions and Final Staff Evaluation. The plans
and supporting hydrologic analysis shall establish goals and
objectives to monitor and measure the success of the wetland
mitigation project.
b. The wetland buffers shall be a minimum of fifty (50) feet in width
for Wetland 1 and an average of twenty-five (25) feet in width for
Wetland 2 and incorporate the following characteristics: areas of
flattened slopes (ranging from 4:1 to 6:1 in gradient) adjacent to
the wetland edge to provide habitat transition areas; and dense
plantings of vegetation native to the northwest that will provide
shade and cover for local wildlife. A maintenance plan for the
buffer shall also be prepared and submitted concurrently for
review and approval.
C. The wetland enhancement areas shall be designed to include
elements of water saturation (hydrology) and be vegetated with
obligate, facultative wetland plants or facultative (hydrophytic)
vegetation native to the Pack Northwest. Trees and other
vegetation designed to provide food and cover for local wildlife
shall be included.
d. The proponent shall as directed, be required to provide the
Auburn Building Official with services of an approved biologist with
expertise in wetland buffer enhancement, for purposes of
inspecting wetland work activities on the City's behalf for
conformance with approved plans and specifications. In addition,
the biologist shall be retained for a minimum of five years
following completion of all wetlands work to monitor the progress
of the enhanced wetlands, and to inspect the replacement of
unsuccessful plant and habitat materials in accordance with the
approved plans. A minimum of biannual monitoring and
inspection and annual reports, indicating achievement of goals
Resolution No. 3952
November 29, 2005
Page 10
and objectives, and project status, shall be filed with the Planning
Department throughout the five-year monitoring program, with a
final report provided at the end of the monitoring program.
e. Filling and grading of the site and wetlands mitigation work may
occur concurrently. The mitigation construction shall. be complete
prior to issuance of final plat.
f. An appropriate security equivalent to 125 percent of the cost of all
wetlands mitigation work shall be submitted to the Auburn Building
Official prior to the issuance of grading permits, and shall be kept
active for a minimum of five years following completion of all
wetlands construction in an amount commensurate with the
monitoring program and contingency plan. At the end of the
monitoring program, the City shall release the security if remedial
action is not required.
g. Following completion and acceptance of all wetlands mitigation
work, no clearing, grading or building construction shall occur
within the wetlands mitigation area, except as may be authorized
by the City of Auburn for. protection of public health, safety and
welfare; maintenance purposes, passive recreation improvements
or contingency mitigation work.
h. The surveyed wetland area shall be clearly indicated on all
construction plans approved by the City, indicating the purpose
and any limitations on the use of the area. The boundary of the
wetland shall be based on the wetland boundary confirmed by the
Army Corps of Engineers (ACOE) by letter dated May 22, 2003
(reference: Fite No. 2002-4-00813) and its buffer shall be staked
in 25 foot intervals. This staked line shall continuously remain in
place and serve as clearing and construction limits throughout the
project for all construction activities adjacent to the wetlands area,
or as required by the City.
25. The purpose and intent of the following condition is to discourage the
uncontrolled intrusion of humans into the mitigation area, provide a
passive recreation opportunity, and to ensure long term protection. The
following information and improvements shall be required by the
Applicant:
a. Interpretive signs shall be installed and maintained at 150-foot
intervals along the boundary of wetland buffers. The signs shall
Resolution No. 3952
November 29, 2005
Page 11
be constructed of a permanent and durable material and indicate
the wetland restrictions related to the use of the area. The sign
locations, construction details, and text shall be specified in final
mitigation plan.
b. The wetlands and wetland buffers shall be encumbered by a
conservation easement granted to the City of Auburn. The
easement shall state that any uses within the easement area shall
be approved by the Planning Director. The uses shall be
consistent with the purpose of the wetland and stream buffer and
be a general benefit to the public. Evidence that the easement
has been executed and recorded is required prior to issuance of
any occupancy permits for the site.
26. Unless a, FEMA map amendment is approved to eliminate on-site
floodplain, prior to issuance of a grading permit authorizing fill placement
in the floodplain the Applicant shall prepare and submit a Flood
Compensation Plan. The plan shall demonstrate how compensatory
flood storage will be provided for the project concurrently with site filling.
The flood storage shall be provided incrementally as the flood stage rises
from the seasonal low average, up to and including the 100-year flood
elevation. The compensatory storage shall be provided at a ratio of one
to one (displacement to replacement). The flood storage must be
designed based on seasonal groundwater elevations with appropriate
supporting analysis. The plan must be approved prior to issuance of a
grading permit to fill the floodplain.
27. Unless a FEMA map amendment is approved to eliminate on-site
floodplaiin, the area of the compensatory flood storage and associated
access shall be encumbered by a drainage easement granted to the City
of Auburn. The easement shall state that any uses within this area shall
be approved by the Planning and Public Works Directors. The easement
language shall be prepared by the Applicant and approved by the City
and shall convey maintenance and inspection access to the City.
Evidence that the easement has been executed and recorded is required
to be shown on the final plat.
28. Prior to the issuance of a grading permit subsequent to permit number
GRA04-0025 issued August 27, 2004 that includes excavation or
disturbance of the existing ground surface elevation, the Applicant shall
prepare a historic/cultural resources monitoring plan as recommended by
the report "Archaeological and Historical Resources Survey of the
Proposed River Sand PUD, King County, Washington," (Plat Exhibit 24).
Resolution No. 3952
November 29, 2005
Page 12
The monitoring plan shall establish a protocol for the inadvertent
discovery of human remains. The monitoring plan shall also detail what
cultural materials may be expected on-site, qualifications of the on-site
monitor, the authority of the on-site monitor to halt
excavation/construction activities, a protocol for assigning significance to
identified materials, and safety requirements for the monitor's activities.
A copy of the report shall be provided to OAHP, the City of Auburn, and
the Muckleshoot Tribe upon its completion. The Applicant shall
demonstrate to the City of Auburn that the monitoring report
recommendations have been addressed prior to commencement of any
permitted excavation or disturbance of the existing ground surface
elevation. Also, in accordance with the report's recommendations, an
on-site monitor shall be present during excavation or disturbance of the
existing ground surface elevation.
29. The intersection of "M" Street NE and South 277th Street shall include a
temporary traffic signal. Prior to the issuance of the building permit for
the 76th housing unit within the plat, the Applicant shall financially secure
the completion of a second permanent access route consisting of the
construction of a 24-foot wide paved roadway with adequate shoulder
and storm drainage provisions along the east-west alignment of a new
49th/51st Street NE between "M" Street NE and the new "I" Street NE
alignment. The Applicant shall also financially secure completion of the
new "I" Street NE between 49th Street NE and South 277th Street, plus a
wire span traffic signal at the intersection of the new "I" Street NE and
South 277th Street. When the second permanent access is constructed,
the temporary traffic signal at "M" Street NE and South 277th Street shall
be removed and permanent channelization to City of Kent standards
shall be installed in its place. The Applicant shall pay the City $495,000,
which in addition to the development's normal traffic impact fees,
provides adequate funding to secure the second permanent access route
improvements and related improvements. In the event the City's traffic
impact fees are increased prior to payment of the $495,000, the
mitigation fee may be correspondingly decreased.
30. Notice of the future second permanent access route and the future
intersection modifications shall be recorded on the face of the final plat
and on each individual property title within the plat. In addiction to this
notice, adequate on-site signage of such future traffic improvements
shall be provided as directed by the City.
31. At the time of plat construction, secondary emergency access shall also
be provided to the plat from South 277th Street by means of the
Resolution No. 3952
November 29, 2005
Page 13
establishment of emergency accesses a minimum of 20 feet in width
from South 277th Street. These traffic accesses shall prohibit general
traffic use through the use of gates or bollards to the satisfaction of the
Fire Marshal. Fire lanes shall be posted in accordance with the Auburn
City Code. Notice signs shall be maintained in a clean and legible
condition at all times and be replaced or repaired when necessary by the
homeowners' association to provide adequate visibility.
32. Prior to final plat approval, the Applicant shall financially secure the
completion of a 12-inch of-site waterline for completion of the looping of
waterlines to meet the Water Comprehensive Plan Level of Service
criteria. The Water Comprehensive Plan Improvements would consist of
approximately 1,200 linear feet of 12-inch waterline along the proposed
extension of "I" Street NE from 45th Street NE to 49th Street NE and
approximately 1,300 linear feet of 12-inch waterline along an east-west,
alignment of a new 49th/51st Street NE between the proposed new "I"
Street NE alignment and the River Sands Development west property
line. The Applicant shall pay to the City $82,000, which combined with
the development's normal System Development Charges, provides
adequate funding to secure the water system improvements. In the
event the City's Water System Development charges are increased prior
to payment of the $82,000, this mitigation fee may be correspondingly
decreased.
33. The Applicant shall pay school impact fees to the Kent School District as
dictated by the City of Auburn and the Kent School District's school
impact fee agreement. The Applicant, the Cities, and the District shall
agree on a method of providing safe bus stops prior to final plat approval,
and the approved method shall be noted on the final plat map.
34. The project shall not at any time disturb or encroach upon the 200-foot
shoreline buffer of the Green River.
35. The approval of the PUD is only valid upon the approval and execution
by the Auburn City Council of the associated preliminary plat, File No.
PLT04-0006.
36. Given the relatively narrow frontages of the proposed single-family
residential lots and the impact on pedestrians (and wheelchairs) from
elevation changes due to a series of closely spaced driveways, the local
residential road cross section shown on the preliminary plat shall be
revised to show the landscape planting strip abutting the curb on both
sides of the street:
Resolution No. 3952
November 29, 2005
Page 14
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 c3' day of a +? , 2005.
MAYOR
ATTEST:
Da Ile E. Daskam,
City Clerk
AP
D AS TO FORM:
City Attorney
Resolution No. 3952
November 29, 2005
Page 15
Exhibit "A", Resolution No. 3952
LEGAL )ESCgIPTION
PROJECT NAME: River SandPUD
PROJECT ADDRESS: Northeast and Southeast Quarters of Sectioa 31, Township
22 North, and Range 05 East
South 272 Sweet and T Sweet NE, Auburn
PROJECT PARCEL AI: 000420-0023
THAT PORTION OF THE GEORGE E. KING DONATION LAND CLAIM (D.L.C.) N0. 40
IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST W.M., DESCRIBED AS j
FOLLOWS:
COMMENCING AT A 6"X6" SANDSTONE MONUMENT MARKING THE SOUTHWEST
CORNER OF THE R.H. BEATTY D.L.C. NUMBERS 37 AND 44;
THENCE SOUTH 89'00'01 " EAST, ALONG THE SOUTH LINE OF SAID R.H. BEATTY
D.L.C. AND THE NORTH -LINE OF THE W.A. COX D.L.C. NO. 38, A DISTANCE OF
2,643.18 FEET TO A 2" DIAMETER CONCRETE-FILLED IRON PIPE MARKING THE
SOUTHEAST CORNER OF SAID R.H. BEATTY D.L.C. AND THE NORTHEAST CORNER
OF SAID W.A. COX D.L.C.;
THENCE, CONTINUING SOUTH 89'00'01 " EAST, 638.43 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE, CONTINUING SOUTH 89'00'01" EAST, 1,617.39 FEET TO A POINT ON A
LINE ESTABLISHED BY, BOUNDARY LINE AGREEMENT RECORDED UNDER KING
COUNTY RECORDING NO. 8110150749;
THENCE, ALONG SAID LINE, SOUTH 46'26'33" EAST 103.45 FEET;
THENCE, ALONG SAID LINE, SOUTH 34'19'49" EAST 211.01 FEET;
THENCE, ALONG SAID LINE; SOUTH 09'48'39" WEST 412.45 FEET;
THENCE, ALONG SAID LINE, SOUTH 01'43'38" EAST 263.60 FEET;
THENCE, ALONG SAID LINE, SOUTH 08'38'47" WEST 208.18 FEET;
THENCE NORTH 88'49'05" WEST 503.22 FEET;
THENCE NORTH 19.30'00" EAST 110.98 FEET;
THENCE NORTH 88.49'05" WEST 1,283.52 FEET;
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THENCE NORTH 01'48'33" EAST, ALONG A LINE PARALLEL WITH THE EAST LINE
OF SAID COX D.L.C., 1,008.50 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR SOUTH
277TH STREET, DESCRIBED AS FOLLOWS:
BEGINNING AT SAID TRUE POINT OF BEGINNING;
THENCE, CONTINUING SOUTH 89'00'01" EAST, 1,617.39 FEET TO A POINT ON A
LINE ESTABLISHED BY BOUNDARY LINE AGREEMENT RECORDED UNDER KING
COUNTY RECORDING NO. 8110150749;
THENCE, ALONG SAID LINE, SOUTH 46.26'33" EAST 103.45 FEET;.
THENCE, ALONG SAID LINE, SOUTH 34'19'49" EAST 60.80 FEET;
THENCE NORTH 79'05'59" WEST 581.27 FEET;
THENCE NORTH 88'59'57" WEST 1,156.72 FEET TO A POINT 20.00 FEET EAST
OF THE EAST RIGHT-OF-WAY MARGIN OF "I" STREET NORTHEAST;
THENCE NORTH 01'48'33" EAST 20.00 FEET TO THE POINT OF BEGINNING OF
THIS EXCEPTION;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
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Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn. WA 98001
20060210002268
PACIFIC NN TIT ORD 64.00
PAGE001 OF 033
02/10/2005 15:46
KING COUNTY, NA
RECORDER'S COVER SHEET - - - - - - - -
Document Title(s) (or transactions contained therein):
Rezone (Planned Unit Development) (Ordinance No. 5971)
Reference Number(s) of Documents assigned or released:
?Additional reference Vs on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
City of Auburn
Grantee/Assignee/Beneficiary: (Last name first)
1. Centex Homes
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Generally a portion of the George E King Donation Land Claim No. 40 in Section 31, Township 21 Range
5EWM
® Additional legal is on page _33_ of document.
4ssessor's Property Tax Parcel/Account Number
)00420-0023
Assessor Tax # not yet assigned
Said document(s) were filed for
record by Pacific Northwest Tide as
aooommodation only. It has not been
examirwd as to proper execution or
as tD its affect upon tide.
f )
ORDINANCE NO.5 9 7 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING A REQUEST TO
REZONE APPROXIMATELY 40.9 ACRES FROM MULTIPLE
FAMILY RESIDENTIAL (R4) AND DUPLEX RESIDENTIAL (R3)
TO PLANNED UNIT DEVELOPMENT (PUD) AND
APPROVING THE REQUEST FOR A PLANNED UNIT
DEVELOPMENT AND BINDING SITE PLAN
WHEREAS, Application No. PUD01-0004, dated April 14, 2004, has
been submitted to the City of Auburn, Washington by Rob Purser on
behalf of Centex Homes requesting approval of a rezone request for
approximately 40.9 acres from Multiple Family Residential (R4) and
Duplex Residential (R3) to Planned Unit Development (PUD) and
requesting approval of a Planned Unit Development and Binding Site Plan
in Auburn, Washington; and
WHEREAS, said requests referred to above were referred to the
Hearing Examiner for study and public hearing thereon; and
WHEREAS, pursuant to staff review, the Hearing Examiner conducted
a public hearing to consider said applications in the Council Chambers of
the Auburn City Hall on August 16, 2005, of which the Hearing Examiner
recommended that there is not enough information to make a written
recommendation on the request for approval of the rezone to PUD and
approval of the preliminary plat. For this reason, the Hearing Examiner
recommends that the requests be remanded to the Planning and
Ordinance No. 5971
November 29, 2005
Page 1 of 31
.e s
Community Development Department to allow the Applicant to submit the
following additional information:
1. A plan to provide more definite information on a second general
access for the proposed access that complies with Comprehensive
Plan Policy TR-13. The plan should be more certain than the plan
presently submitted by the Applicant.
2. A traffic impact analysis that addresses the binding site plan (PUD
Exhibit 11), and addresses the different access scenarios that could
occur.
3. Current traffic level of service information to ensure the proposed
project complies with Comprehensive Plan Policies TRA 7 and TRA 8.
4. A reconfiguration of dedicated park land such that Tracts A through G
are not considered dedicated park land.
The Hearing Examiner recommendation also states that if the information
is submitted to the satisfaction of the Planning Director, the Hearing
Examiner will re-hear those portions of the application. If the Applicant is
unable to submit the information to the satisfaction of the Planning
Director, the Hearing Examiner recommends that the requests for plat and
PUD be denied; and
WHEREAS, at its regular meeting of November 7, 2005, the City
Council voted to conduct a closed record hearing on the Hearing
Examiner's recommendations; and
WHEREAS, a closed record hearing was held November 18, 2005, at
which time the City Council considered the Hearing Examiner's
Ordinance No. 5971
November 29, 2005
Page 2 of 31
recommendations and the material presented to the Hearing Examiner
after which the Council voted to approve Application No. PUD04-0001 with
the conditions recommended by staff; and two additional conditions
consisting of:
1. Lot No. 169 shall be eliminated and Lots No. 167 and 168 shall be re-
oriented to front on the plat's internal public street identified as "P
Street NE" and the adjacent access tract shall be eliminated.
2. Prior to Final Plat approval the Applicant shall submit a plan for review
and approval by the Parks Director to provide a separation, using such
features as short fences, rockeries and mow strips, between the
residential Lots 1-34, Lot 68 and the adjacent dedicated park land
tracts, (Tracts B, D, and F). The requirement for separation shall also
be addressed by the legal instrument setting forth the permanent care
and maintenance of open spaces and park land.
FINDINGS OF FACT
1. The applicant, Centex Homes, has requested approval of a Planned Unit
Development (PUD) for a single-family and multiple family subdivision on
property that is located south of South 277th Street the in the 1200-1700
block and 20 feet easterly of the undeveloped right-of-way of "I" Street NE.
2. The project is proposed to consist of 172 single-family lots, one multiple
family residential lot proposed to contain approximately 115 multiple family
dwelling units and 19 tracts. The size of the single-family residential lots will
range from approximately 3,230 square feet (Lots 19-33) to 7,922 square feet
(Lots 142 &143). Since the project is proposed as a PUD, smaller lot sizes
than typical zoning standards are allowed. The standards for the lots are
contained in Section 18.69.070 of the PUD chapter of the Zoning Code.
3. The site is proposed to be platted in two phases. The applicant plans to first
request final plat approval of the western portion of the site including the
multiple family residential lot and 68 of the single-family lots. Temporary cul-
de-sacs and utility services would need to be provided to ensure that each
phase can stand-alone pursuant to Auburn City Code (ACC) Section
--------------------------------
Ordinance No. 5971
November 29, 2005
Page 3 of 31
18.69.110. The second final plat would consist of the remaining eastern
single-family 102 lots.
PUD Approval Process
4. PUD's are allowed pursuant to Chapter 18.69 of the Zoning Code. More
specifically, ACC Section 18.69.040 allows PUD's within all residential
Comprehensive Plan map designations of the City, except the "Rural
Residential". The area must have at least 10 acres in order to qualify for a
PUD. The subject project is 40.9 acres in size.
5. The PUD process is a multi-step process. The first step is to rezone the
property to the PUD classification. The rezone is a contract rezone that
defines among other things the land use, density, number and types of
dwelling units, amount and type of open space, and the responsibilities of the
applicant. In the subject case, a preliminary plat for a single-family
development and a binding site plan for the multiple-family portion is being
processed simultaneously, therefore the next steps will be the administrative
approval of infrastructure, construction of the infrastructure, Final Site Plan
approval by the Planning Director for consistency with the binding site plan
and subsequent final plat approval.
6. While construction approvals of the multiple family portion of the site could
typically occur prior to final plat approval because the multiple family portion is
not dependent upon segregation, ACC Section 18.69.210 provides that
construction and development of all improvements for each phase must be
completed or guaranteed before any certificates of occupancy for buildings
are issued.
7. ACC Section 18.69.060 determines the maximum number of units that can be
allowed in a PUD. The number of units is determined by subtracting out any
non-buildable area and then multiplying the remainder by the number of
dwelling units allowed per acre by the Comprehensive Plan. In this case 21.5
acres of the project are illustrated on the Comprehensive Plan map as "High
Density Residential" which allows for 18 dwelling units per acre. Similarly,
19.5 acres of the project are illustrated on the Comprehensive Plan map as
"Moderate Density Residential" which allows for 12 dwelling units per acre.
The applicant has identified 0.03 acres of non-buildable wetland in the "High
Density Residential" portion of the project and 0.43 acres of non-buildable
wetland in the "Moderate Density Residential" portion of the project. The net
21.47 acres of the "High Density Residential" area is multiplied by 18, which
- - ------ - ---
Ordinance No. 5971
November 29, 2005
Page 4 of 31
would allow for 386 dwelling units. The 19.07 net acres of the "Moderate
Density Residential" area is multiplied by 12 and would allow for 228 dwelling
units. The subject PUD could have been allowed 614 dwelling units but only
287 dwelling units are proposed. This is less than half the number of dwelling
units that could be authorized.
8. Overall, then, as proposed the single-family portion of the project comprises
approximately 24.3 acres of the site and approximately 8.26 acres is devoted
to multiple-family residential.
Binding Site Plan Approval Process
9. A binding site plan approval is required for the multiple family portion of the
project. ACC Section 18.69.020(B) provides that for projects that contain
multiple family structures (with three or more dwelling units in a structure) a
binding site plan must be approved. The preliminary plat approval and
binding site plan approval must be concurrent if a PUD requires both
approvals. ACC Sections 18.69.140 and 18.69.180 provides that the Hearing
Examiner must conduct a public hearing and City Council action is required.
The binding site plan shall be consistent with the provisions of the PUD and
meet the submittal requirements of ACC Section 18.69.180(A).
10. The north central, approximately 8.26 acres of the 40.9-acre site is proposed
to be developed with a multiple family dwellings consisting of twenty-three, 5-
plexes as part of the planned unit development (PUD). These 115 multiple-
family residences will encircle the inside and outside of a looped private drive
aisle. Access to the multiple family residences is proposed by two driveways
each with a central landscaped median connecting to the proposed internal
street, 51St Street NE.
Other Related Approvals
9. Other City approvals have been simultaneously requested. The applicant has
also applied for two variances to zoning code requirements that are being
processed separately. One variance (VAR04-0005) seeks to reduce the
front, street side and rear yard setbacks for a portion of the single-family lots.
The other variance (VAR04-0006) seeks to eliminate recreational vehicle
(RV) parking spaces that are required for multiple family residential
developments.
Ordinance No. 5971
November 29, 2005
Page 5 of 31
10. The applicant also has requested approval of three deviations to City public
works construction standards by the City Engineer. The deviation requests
include:
• A deviation to the "local residential" street standard to allow a
reduced right-of-way width for 51st street NE, east of M Street NE,
• A deviation to the City's "residential collector" street standard to
allow a landscaped boulevard section for M Street NE; and
• A deviation for road radii for internal streets.
The City Public Works staff has reviewed each of the deviation requests and
determined they are supportable and approvable but is deferring approval
until after preliminary plat approval to ensure consistency of the decisions.
11. In accordance with ACC Section 17.18.010, the preliminary plat proposal also
includes a "Plat Modification" request from the subdivision code in order to
dedicate less than the required amount of park land. Specifically, the
applicant seeks to compensate for the reduction in undeveloped park area by
fees-in-lieu and improvements. Plat Modification requests are processed
simultaneously with the preliminary plat request. The design requirements of
the PUD regulations at ACC 18.69.080(A)(2) acknowledge that less than the
full dedication of park land is appropriate.
Park Land
12.The PUD must also provide for public park property. The City may allow the
PUD to use the park land to meet its 20% open space requirement. That is
what is being proposed for this PUD. The City's subdivision code refers to
the City's Park Plan for requirements that for every 1000 population of the
plat, 6.03 acres of unimproved park land must be dedicated to the City.
Under the current proposal, 4.85 acres is required to be dedicated and 4
acres is proposed to meet the requirements of the City of Auburn. The areas
consist of the linear park (Tracts A - G) and public park (Tracts O & P). ACC
Section 18.69.080(A)(2) allows the City to accept a lesser amount of park
area if the PUD developer provides improvements to the park land that is
being dedicated. To make up for the 0.85-acre shortfall, the developer
proposes to provide to the City fees-in-lieu of the required dedication and/or
improvements to the dedicated park land.
Open Space
13.ACC Section 18.69.080 outlines certain design requirements that a PUD must
meet. Each PUD must have at least 20% of the buildable area set aside as
Ordinance No. 5971
November 29, 2005
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open space. The subject PUD intends for 23.3% open space which consists
of:
* Seven homeowner association maintained open space tracts
proposed as linear park and sidewalk space (Tracts A through G)
paralleling 51st Street NE
* Five homeowners association owned tracts as landscaped open
space (Tracts H through L) distributed at corner locations
* One homeowners association owned tract that will contain wetlands,
wetland buffer and compensatory floodplain storage, if a FEMA map
amendment is not processed (Tract M) at the southwest corner
* Two publicly owned tracts that contain storm drainage facilities and a
wetland and wetland buffer (Tracts N and Q) at the northwest corner.
Only that portion of the tracts located above the water surface
elevation of the 10-year storm event is counted in order to remain
consistent with the purpose of the open space requirement.
* Two publicly owned tracts proposed as dedicated park land (Tracts
O and P) at the east end
* homeowner association owned and landscaped open spaces within
the multiple family portion of the site.
Design Requirements Related to Alley-Loaded Lots
14. The applicant proposes three housing styles within the River Sand project:
multiple family residences with five dwelling units to a building, alley-
loaded single family lots (Lot 1 through 67) and the more typical,
detached, single-family lots (Lots 68 through 172). This variety is
proposed in order that the project may be responsive to market
preferences. The applicant indicates that the project is to be marketed to
individuals and young families.
Other Design Requirements
15. Section 18.69.080(D) requires certain design requirements to be met
including architectural treatment of the buildings and other site design
features as lighting, furniture, signs, fencing, etc.
The applicant has provided building elevations (Multiple Family Housing
Elevations and Floor Plans, dated 3/11/04) to illustrate building and
structural designs that are coordinated and complement the surroundings.
A representative elevation is provided for the multiple family dwellings to
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November 29, 2005
Page 7 of 31
show modulation, and articulation of the facades to reduce the perception
of bulk and mass (ACC 18.69.080(D)(2)).
Representative design treatments are also provided for the single-family
dwellings comprised of eight designs for the detached lots types. These
range in square footage from singe-story homes of 1,300 square feet to two
stories of 2,370 square feet. Two housing designs are provided for the alley-
loaded dwellings ranging from single- story 1,500 square feet to two-stories of
1,733 square feet (Single Family Housing Elevations and Floor Plans, dated
3/11/04). A representative color palette for the homes has been provided in
the color palette: Homescages. Sherwin Williams, 2002.
16.A conceptual landscape treatment of the PUD is illustrated in the River Sand
PUD Landscape Schematic Design, Sheet SD1.1 - SD1.5, Lauchlin R.
Bethune Associates, Inc., July 12, 2005. The plan shows extensive use of
landscaping within the multiple family residential portion of the development
to meet open space requirements. The plan also shows sensitive treatment
of the public stormwater ponds located in Tracts N and Q to ensure that the
storm facilities meet the intent of Auburn Comprehensive Plan Urban Design
Policy LID-6 and the PUD. Coordinated plantings are also proposed for the
other open space tracts and as street tree plantings. The PUD will also
require ornamental/pedestrian type street lighting, some furniture in the open
space areas, and the entrance signs will be coordinated. No landscaping or
site amenities are shown within Tract P in the southeast corner as no
alteration will occur within the shoreline jurisdiction of 200 feet from the
ordinary high water mark of the Green River. No shoreline permit has been
requested.
Sensitive Areas
17. Critical areas on site include wetlands, floodplain and river shoreline areas.
A preliminary geotechnical report and a wetland report were prepared and
reviewed during the SEPA review process. Discussion of the critical areas
and mitigation measures to address impacts on critical areas are incorporated
into the SEPA Final Mitigated Determination of Non-Significance issued June
2, 2005 (Please refer to exhibit list). In brief, mitigation includes additional
geotechnical studies, wetland and buffer enhancement, and construction of
floodplain compensation as mitigation.
Pedestrian/Traffic Circulation
Ordinance No. 5971
November 29, 2005
Page 8 of 31
18. Each PUD must promote pedestrian movement. The project will also be
responsible for continuation of the trail system along the south side of South
277th Street to the site's western boundary. The PUD will provide a system
of sidewalks along the project streets both within the right-of-way and as
meandering sidewalk within the linear Tracts A through G. The public
sidewalks on each side of M Street NE, north of 51st Street NE are proposed
to meander within public Tracts N and Q that include the project's storm water
ponds. The provision of sidewalks that modulate in distance from the road
provides a superior design and enhanced aesthetics.
The configuration of park land dedication, Tracts O and P, provides room for
future pedestrian connections to the future construction of the Green River
Trail on the west side of the River.
To promote vehicle speeds on the internal 51st Street NE consistent with
pedestrian circulation, traffic calming will be provided as determined by the
City Engineer at the time of roadway design. A plat condition is proposed to
implement this requirement.
19. Since access to the existing alignment of the undeveloped right-of-way of I
Street NE is unfeasible due to intervening land ownership, access is
proposed via a single boulevard-type access to South 277th Street at the
northwest corner of the site. On an interim basis this boulevard access would
accommodate full vehicle movements and would be signalized. Upon
construction of an additional roadway access from the west, generally along
the extension of 49th/51st Street NE alignment and completion of I Street NE
to S 277th Street (as depicted in the NE Auburn/Robertson Properties Final
Environmental Impact Statement (EIS)), the temporary signal would be
removed and the permanent channelization shall be installed on S 277th
Street at the intersection to prevent left turns into and out of the plat (right-in
right-out only). The permanent channelization would be to City of Kent
standards.
20. This development can meet Comprehensive Plan Policy TR-13 by providing a
permanent boulevard-type road approach to S 277th Street from the plat as
approved by the City Engineer. The boulevard shall have a divided roadway
with central landscape median. This access shall include a temporary traffic
signal at the intersection of the boulevard approach and S 277th Street. Also
to satisfy Policy TR-13, prior to the issuance of a building permit for the
equivalent of the 76th single family unit within the plat, the applicant shall
financially secure the completion of a second permanent access route
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November 29, 2005
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consisting of the construction of a 24-foot wide paved roadway with adequate
shoulder and storm drainage provisions along the east-west alignment of a
new 49th/51st NE between the proposed boulevard and the new "I" Street
alignment and the new "I" Street NE between 49th Street NE and S 277th
Street, plus a span wire traffic signal at the intersection of the new I Street NE
and S 277th Street. When the second permanent access route is
constructed, the intersection of the boulevard approach and S 277th Street
shall have its temporary traffic signal removed and permanent channelization
shall be installed on S 277th Street at the intersection to prevent left turns into
and out of the plat. The applicant shall pay to the City $495,000, which in
addition to the development's normal traffic impact fees provides adequate
funding to secure the second permanent access route improvements and
related improvements. In the event the City's traffic impact fees are
increased prior to payment of the $495,000. this mitigation fee may be
correspondingly decreased.
21. Notice of the future second permanent access route and the future
intersection modifications (the future removal of the temporary traffic signal at
the intersection of the boulevard roadway and S 277th Street and the
installation of permanent channelization on S 277th Street to prevent left turns
into and out of the plat, described above) will be recorded on the face of the
plat and on each individual property title within the plat. In addition to this
notice, adequate on-site signage of such future traffic improvements must be
provided as directed by the City.
22. At the time of plat construction secondary emergency access will be provided
to the plat from S 277th Street by means of the establishment of one or more
emergency accesses a minimum of 20 feet in width. These secondary
emergency accesses shall prohibit general traffic use through the use of
gates or bollards to the satisfaction of the Fire Marshal and City Engineer.
23.While initially the internal road lengths will exceed City policies related to the
length for dead-end roads without providing for secondary access connection
until the 49th/51st Street NE extension is constructed, financially
guaranteeing construction of a second access point at the 76th dwelling unit
will minimize the circulation impacts and maximize consistency with City
Policy TRA 3.
24. The internal street network of the plat will
with three north-south internal connections
right-of-way. The internal roads will be
consist of two stacked loop roads
and will be dedicated as public
constructed to the City's "Local
Ordinance No. 5971
November 29, 2005
Page 10 of 31
Residential" street standard except where deviations to City design and
construction standards are determined appropriate. The project will also
include alley-loaded lots accessed by 18-foot roadways within 20-foot rights-
of-way. Two access tracts meeting City standards will provide access to lots
at the east and south portions of the plat.
25.Traffic calming devices will be required on the internal street, 51st Street NE,
in order to prevent public safety hazards that may result from excessive
speeding on straight, flat roadways, especially as the transitions from a
"Residential Collector" to "Local Residential" west to east through the site.
Prior to Final Plat approval, traffic calming to the satisfaction of the City
Engineer shall be installed on 51st Street NE or the construction financially
guaranteed. Traffic calming measures may include but are not limited to
traffic circles, etc.
26. The right-of-way of S 277th Street in the area of the project is currently within
the City of Kent's jurisdiction. The design and construction of the roadway
access, temporary signalization and frontage improvements including trail and
drainage will require approvals from the City of Kent. The applicant has
coordinated with the City of Kent and consistency is addressed in the Letter
from Gary Gill, City of Kent to Jeff Dixon City of Auburn, dated December 15,
2004 indicating general acceptability of the project's access concept.
SEPA
27. On June 2, 2005 the City issued a Final Mitigated Determination of Non-
Significance (FMDNS) (File Number SEP04-0037) for the proposed rezoning
to PUD and including the platting and development. The FMDNS contains 17
conditions (mitigation measures). The conditions prescribe geotechnical
procedures, wetland mitigation, floodplain compensation, archeological and
cultural resources, haul routes, traffic circulation and water line extension
requirements.
CONCLUSIONS
Jurisdiction:
Pursuant to Auburn City Code (ACC) 18.66, the Hearings Examiner is
granted jurisdiction to hear and make recommendations to the City
Council. Jurisdiction for the Hearings Examiner to make
recommendations for an application for rezone is pursuant to ACC
Ordinance No. 5971
November 29, 2005
Page 11 of 31
14.03.040(D) and 18.68.030, for approval of an application for a PUD is
pursuant to ACC 18.69.140.
Criteria for Review:
Along with the requirements set forth by the Washington State Supreme
Court, in order TO APPROVE A REZONE, the Hearings Examiner must
find that the following criteria, as set forth in ACC 18.68, are satisfied:
1. The rezone shall be consistent with the Comprehensive Plan.
2. The rezone was initiated by a party, other than the City, in order for the
Hearing Examiner to hold a public hearing and consider the request.
3. Any change or modification to the rezone request made by the Hearing
Examiner or the City Council shall not result in a more intense zone
than the one requested.
In order TO APPROVE A PUD, the Applicant must satisfactorily
demonstrate that the proposed PUD achieves, or is consistent with, in
whole or in part, desired public benefits and expectations. Pursuant to
ACC 18.69.150, the proposal must demonstrate sufficient findings of facts
to support the following:
1. The proposal contains adequate provisions for the public health,
safety, and general welfare and for open spaces, drainage ways,
streets, alleys, other public ways, water supplies, sanitary wastes,
parks, playgrounds, or sites for schools.
2. The proposal is in accordance with the goals, policies, and objectives
of the comprehensive plan.
3. The proposal is consistent with the purpose of ACC 18.69, provides for
the public benefits required of the development of PUDs by providing
an improvement in the quality, character, architectural and site design,
housing choice and/or open space protection over what would
otherwise be attained through a development using the existing zoning
and subdivision standards.
4. The proposal conforms to the general purposes of other applicable
policies or plans which have been adopted by the City Council.
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Ordinance No. 5971
November 29, 2005
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5. The approval of the PUD will have no more of an adverse impact upon
the surrounding area than any other project would have if developed
using the existing zoning standards of the zoning district the PUD is
located in.
6. The PUD must be consistent with the existing and planned character of
the neighborhood, including existing zoning and comprehensive plan
map designations, and the design guidelines set forth in ACC
18.69.080(D).
DECISION
Based on the Facts, Findings and Conclusions, the City Council hereby approves
the rezone request with the following conditions.
1. Lot No. 169 shall be eliminated and Lots No. 167 and 168 shall be re-
oriented to front on the plat's internal public street identified as "P Street
NE" and the adjacent access tract shall be eliminated.
2. Prior to Final Plat approval the Applicant shall submit a plan for review and
approval by the Parks Director to provide a separation, using such
features as short fences, rockeries and mow strips, between the
residential Lots 1-34, Lot 68 and the adjacent dedicated park land tracts,
(Tracts B, D, and F). The requirement to maintain the separation shall
also be addressed by the required legal instrument setting forth the
permanent care and maintenance of open spaces and park land.
3. Prior to final plat approval, the Applicant shall secure JARPA approval
from the Army Corps of Engineers to relocate the north-south drainage
ditch and associated easement located within the western one-third of the
site as shown on the plat.
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Ordinance No. 5971
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4. The Applicant shall submit a legal instrument setting forth a plan or
manner of permanent care and maintenance of open space, recreational
areas, private roads, park land, and other communally-owned facilities.
No such instrument shall be acceptable until approved by the city attorney
as to its legal form and effect. Common spaces shall be guaranteed by a
restrictive covenant describing that the space, its maintenance, and
improvement are appurtenant to the land for the benefit of the residents of
the planned unit development and adjoining property owners. The final
plat shall grant easements to the City of Auburn in all private open space
and park land tracts so that the City may perform maintenance in the
event of improper maintenance by the homeowners' association. All
maintenance shall adhere to City of Auburn standards.
5. Prior to final plat approval, traffic calming devices shall be financially
guaranteed for installation on 50th and 51st Streets NE. Traffic calming
methods and design must be approved by the City Engineer prior to final
plat approval.
6. Prior to issuance of construction approvals, the Applicant shall prepare a
sight distance plan for review and approval by the Planning and Public
Works Directors. The plan shall document the sight distance triangles at
all intersections and comers and shall define measures to ensure
maintenance and protection of sight distances within lots and tracts,
including easements. This may result in minor changes to the plat design
to ensure that all applicable requirements are satisfied.
Ordinance No. 5971
November 29, 2005
Page 14 of 31
7. The Applicant shall prepare a Final Landscaping Plan that demonstrates
that all landscaping in the public rights-of-way, storm drainage tracts, and
open space tracts conform to City standards. The plan must demonstrate
conformance with standards for acceptable tree types and root barriers,
etc., and must also show coordination with utility and road improvements.
The plan must also include maintenance and conform the standards in
ACC 18.50.070. The Applicant shall provide root deflection devices or
similar mechanisms for all trees planted within five feet of curbs,
sidewalks, or pavement to ensure mature trees does not contribute to
pavement deterioration. Care should be taken by the Applicant to account
for individual lots' ingress and egress when defining the location of
proposed street trees. The landscaped median of "M" Street NE shall be
the responsibility of the homeowners' association and be included in the
landscaping maintenance plan. The plan must be approved by the
Planning Department prior to final plat approval.
8. In order to meet subdivision requirements of ACC 17.12.260 related to
dedication of recreation land and based on the submitted preliminary plat,
the applicant shall either;
a. Dedicate 4.85 acres of land generally in the location identified as
Tracts O & P on the Preliminary Plat, by DBM Engineers, dated
5/25/05 and in a configuration acceptable to the Parks Director; or,
b. Alternatively, the City will accept the lesser dedication of 4.0 acres
within the areas identified as Tracts A-G, O & P on the Preliminary
Plat, by DBM Engineers, dated 5/25/05 The remainder of the required
land (0.85 acres) to meet the recreation land dedication standard shall
be in the form of a voluntary agreement with the City, acceptable to the
Ordinance No. 5971
November 29, 2005
Page 15 of 31
City of Auburn Parks Director, to provide a fee-in-lieu of dedication
estimated to be the amount of $141,312.50. The estimated calculation
is based on the currently proposed 287 dwelling units and a formula of:
community parks development cost of ($166,250.00 per acre) X 0.85
acres. The actual amount shall be paid prior to final plat approval for
each phase, shall be based on the number of units / lots proposed for
each final plat application.
9. The linear trail Tracts A through G, as identified on the Preliminary Plat, by
DBM Engineers, dated 6/28/05 shall be maintained by the developer
and/or the home owner's association as a condition of the final plat. The
maintenance schedule and responsibilities shall be identified in the CCR's
whose language shall be reviewed and approved by the Parks Director
prior to final plat approval and recording. A maintenance easement shall
be provided on the final plat.
10. The developer agrees to and shall be responsible for construction of a
play area featuring a minimum of nine (9) play events to accommodate
over thirty-five (35) children. In a space whose minimum fall zone is 1,050
square feet, 1/2 basketball court, irrigation system, and landscaping in
Tract O. The materials supplied and installed must meet the current Park
Department standards as supplied by the Parks Director prior to
installation and final plat approval.
11.As part of the engineering/construction drawings that are typically
submitted for construction of the subdivision there shall also be submitted
engineering/construction drawings for the construction of park
improvements in Tract "O". The park improvements shall be approved by
the City of Auburn Parks Director prior to the approval of the construction
drawings for the plat. The materials supplied and installed must meet the
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Ordinance No. 5971
November 29, 2005
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current City Parks Department standards and be approved by the Parks
Director prior to installation and final plat approval.
12.To address the impacts from the project's new impervious surfaces, the
Applicant shall comply with one of the following prior to final plat approval:
a. Storm drainage facilities shall be constructed on-site to limit the off-site discharge for the post-developed 100-year flow to less
than 7.2 cubic feet per second (efs). 7.2 cfs is the capacity of downstream culvert number four that would be overwhelmed from
the storm water generated by the project in the event of a 100-year storm and saturated ground. Culvert number four is a 24-inch
storm drainage culvert located within the King County right-of-way of 86'" Avenue South approximately 800 feet north of 86d'
Avenue South's intersection with South 277" Street.
b. The Applicant shall secure approvals from the appropriate agencies for replacement of downstream culvert number four. The
replacement culvert must have a minimum capacity of 93 cubic feet per second to correspond with the combined capacity of the
tributary culverts located upstream. Culvert number four is a 24-inch storm drainage culvert located within the King County
right-of-way of 86'" Avenue South approximately 800 feet north of 86'" Avenue South's intersection with South 277" Street.
C. The Applicant shall secure approvals from the appropriate agencies to provide an alternate downstream storm drainage route
terminating in the Green River. The Applicant shall demonstrate to the satisfaction of the City Engineer that the alternate
drainage route has adequate hydraulic capacity to convey the post-developed 100-year flow with saturated ground prior to
construction authorization. The Applicant shall demonstrate to the satisfaction of the City that the alternate drainage route would
have no adverse environmental effects.
13. Pedestrian/ornamental street lights shall be installed by the Applicant
along the interior streets and sidewalks of the plat. The style of the lights
shall be consistent with City standards or be an ornamental style similar to
the "Whatley, Washington Series 405 fluted fiberglass pole with acorn-
style post-top fixture" as submitted in the preliminary plat application. The
City Engineer shall review the spacing and location of the lights to ensure
that adequate lighting is provided along the surface of all streets and any
adjacent sidewalks.
14. Home designs shall be consistent with the drawings entitled "Multiple
Family Housing Elevations and Floor Plans," and "Single Family Housing
Elevations and Floor Plans," both dated March 11, 2004 as submitted as
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Ordinance No. 5971
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part of the preliminary plat application. Home exterior colors shall be
consistent with "Color Palette, Homescapes, Sherwin Williams, 2002," as
submitted as part of the preliminary plat application, except that the "Bright
and Bold" color scheme shall not be used.
15. The final landscape design shall be generally consistent with the
preliminary landscaping plan as submitted by the Applicant as part of the
preliminary plat application. The project will also require furniture in the
open space areas, and coordinated fencing and entrance signs. Bench
furniture and fencing shall be generally consistent with those designs
submitted as part of the preliminary plat application. Furniture and fencing
shall be of consistent design and material throughout the project. Any
entrance signs shall be a low monument style with landscaping accents.
The number of signs, their style, placement, and landscaping shall be
approved by the Planning Director prior to final plat approval.
16. The Applicant has proposed that Lots 1 through 67 shall be accessed only
through an alley. The final plat shall include a requirement that Lots 1
though 67 shall be developed as alley-loaded lots unless the Applicant
documents and demonstrates to the satisfaction of the Planning Director
that market demand for this housing style does not exist. In the event that
a lack of market demand is sufficiently demonstrated, a reduced number
of alley-loaded lots will be required for Lots 35 through 67 only.
17. Prior to the issuance of clearing and/or grading permits subsequent to
permit No. GRA04-0025 issued August 27, 2004, the Applicant shall
Ordinance No. 5971
November 29, 2005
Page 18 of 31
furnish the City of Auburn City Engineer and appropriate City of Kent staff
person with a proposed haul route and schedule for hauling soil material
to and/or from the site for review and approval by both entities. If, in the
opinion of the city representatives, such hauling will adversely impact the
street network, hauling hours may be coordinated and limited to
appropriate off-peak hours or alternative routes. The haul route plan shall
also include a traffic control plan for approval by the City of Kent and the
City of Auburn. The Applicant shall submit a Haul Route Plan prior to
Phase I final approvals to avoid any traffic impacts generated by truck trips
during the construction and grading phases.
18.The recommendations of the geotechnical report "Geotechnical Report
River Sand "1" Street NE and South 277th Street," by Terra Associates,
Inc., dated February 4, 2004 (attached as Plat Exhibit 19) and/or other
subsequent site specific soils or geotechnical reports shall be incorporated
into clearing, grading, and other appropriate construction plans
subsequent to permit No. GRA04-0025 issued August 27, 2004, as
determined by the City Engineer. Special consideration shall be given to
the recommendations for storm pond design identified in the geotechnical
report.
19. The Applicant's grading plans subsequent to permit NO. GRA04-0025
issued August 27, 2004 shall be prepared in conjunction with and
reviewed by a licensed geotechnical engineer. The geotechnical engineer
shall develop and submit, for the City's review, specific recommendations
to mitigate grading activities giving particular attention to developing a plan
Ordinance No. 5971
November 29, 2005
Page 19 of 31
to minimize the exposure of on-site soils and address grading and related
activities during wet weather.
20.A licensed geotechnical engineer shall monitor on-site rough/preliminary
plat grading activities subsequent to permit No. GRA04-0025 issued
August 27, 2004 to ensure that the recommendations of the preliminary
geotechnical report and any additional conditions or requirements are
implemented. Based on recommendations of the geotechnical report, the
geotechnical engineer should review final design and specifications to
verify that earthwork and foundation recommendations have been properly
interpreted and implemented in the project design.. The geotechnical
services to be provided during construction are to observe compliance
with the design concepts, specifications, and geotechnical report
recommendations.
21. Upon completion of rough grading and excavation, a geotechnical
engineer shall re-analyze the site and determine if new or additional
mitigation measures are necessary. If warranted, a revised geotechnical
report shall be submitted to the City of Auburn for review and approval by
the City Engineer.
22. Prior to the placement of fill in addition to that authorized by permit No.
GRA04-0025 issued August 27 2004, the City Engineer shall approve the
source of the imported fill material for all structural fill and other fill
activities. Compaction monitoring and testing shall be required for all fill
areas, both structural and non-structural for City review. Compaction
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Ordinance No. 5971
November 29, 2005
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reports for structural fill shall be provided to the City Engineer for review
prior to acceptance.
23. Prior to issuance of grading permits subsequent to permit No. GRA04-
0025 issued August 27, 2004, a wetland hydroperiod analysis shall be
submitted to the City for review and approval. The analysis shall include a
pre-developed analysis of the existing hydrologic volume tributary to the
wetlands, and post-developed volumes from tributary areas directed to the
wetlands. A wetland biologist shall be consulted to verify the appropriate
hydrologic support necessary to maintain existing wetland's function and
value. If augmentation is warranted to reduce or avoid impacts, rooftop
drainage or other acceptable means can be directed to the wetlands at a
volume approximating existing conditions to maintain hydrologic support of
the wetlands. A monitoring plan/program shall also be developed for City
review and approval. The Department of Ecology's Stormwater
Management Manual for Western Washington (2001) will provide
guidance for performing the wetland hydroperiod analysis, information on
maximum acceptable hydroperiod alterations, recommendation for
reducing development impacts on wetland hydroperiod and water quality,
recommendation for flow control and treatment for stormwater discharges
to wetlands and recommendation for post-development wetland
monitoring.
24. Prior to approval of the grading permit subsequent to permit No. GRA04-
0025 issued August 27, 2004, (or approval of half-street improvements to
S 277th Street unless it is demonstrated to the satisfaction of the Planning
Director that the half-street improvements will not result in wetland filling)
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Ordinance No. 5971
November 29, 2005
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a final wetland mitigation plan shall be prepared and submitted for review
and approval by the Planning Director and Public Works Directors. The
plan shall be approved prior to the issuance of the subsequent grading
permits or other construction permits. If applicable, the plan shall identify
the amount of wetland impact associated with half-street improvements to
S 277th Street and any associated wetland mitigation.
The plan shall include the proposed construction sequence, grading and
excavation details, erosion and sedimentation control features needed,
planting plans specifying species, quantities, locations size, spacing, and
density, source of plant materials, propagules and seeds, water and
nutrient requirements for plants and water level maintenance practices.
Mitigation for reduction in wetland functions from the disturbance and
increased proximity of development shall consist of enhancement of
wetland buffers. Wetland mitigation shall be provided in general
accordance with recommendations identified in the report: "Conceptual
Wetland Mitigation Plan of the River Sand Property", J.S. Jones and
Associates Inc., January 26, 2005, as modified by the Final Staff
Evaluation and MDNS. Major elements of the mitigation plan shall
include:
a. A final wetland mitigation plan, report and monitoring program,
maintenance plan and contingency plan shall be submitted for
review and approval in accordance with the recommendations of
the delineation and conceptual mitigation reports, and as modified
by the MDNS conditions and Final Staff Evaluation. The plans and
supporting hydrologic analysis shall establish goals and objectives
to monitor and measure the success of the wetland mitigation
project.
b. The wetland buffers shall be a minimum of fifty (50) feet in width
for Wetland 1 and an average of twenty-five (25) feet in width for
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Ordinance No. 5971
November 29, 2005
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Wetland 2 and incorporate the following characteristics: areas of
flattened slopes (ranging from 4:1 to 6:1 in gradient) adjacent to the
wetland edge to provide habitat transition areas; and dense
plantings of vegetation native to the northwest that will provide
shade and cover for local wildlife. A maintenance plan for the
buffer shall also be prepared and submitted concurrently for review
and approval.
c. The wetland enhancement areas shall be designed to include
elements of water saturation (hydrology) and be vegetated with
obligate, facultative wetland plants or facultative (hydrophytic)
vegetation native to the Pacific Northwest. Trees and other
vegetation designed to provide food and cover for local wildlife shall
be included.
d. The proponent shall as directed, be required to provide the
Auburn Building Official with services of an approved biologist with
expertise in wetland buffer enhancement, for purposes of
inspecting wetland work activities on the City's behalf for
conformance with approved plans and specifications. In addition,
the biologist shall be retained for a minimum of five years following
completion of all wetlands work to monitor the progress of the
enhanced wetlands, and to inspect the replacement of
unsuccessful plant and habitat materials in accordance with the
approved plans. A minimum of biannual monitoring and inspection
and annual reports, indicating achievement of goals and objectives,
and project status, shall be filed with the Planning Department
throughout the five-year monitoring program, with a final report
provided at the end of the monitoring program.
e. Filling and grading of the site and wetlands mitigation work may
occur concurrently. The mitigation construction shall be complete
prior to issuance of final plat.
f. An appropriate security equivalent to 125 percent of the cost of
all wetlands mitigation work shall be submitted to the Auburn
Building Official prior to the issuance of grading permits, and shall
be kept active for a minimum of five years following completion of
all wetlands construction in an amount commensurate with the
monitoring program and contingency plan. At the end of the
Ordinance No. 5971
November 29, 2005
Page 23 of 31
monitoring program, the City shall release the security if remedial
action is not required.
g. Following completion and acceptance of all wetlands mitigation
work, no clearing, grading or building construction shall occur within
the wetlands mitigation area, except as may be authorized by the
City of Auburn for: protection of public health, safety and welfare;
maintenance purposes, passive recreation improvements or
contingency mitigation work.
h. The surveyed wetland area shall be clearly indicated on all
construction plans approved by the City, indicating the purpose and
any limitations on the use of the area. The boundary of the wetland
shall be based on the wetland boundary confirmed by the Army
Corps of Engineers (ACOE) by letter dated May 22, 2003
(reference: File No. 2002-4-00613) and its buffer shall be staked in
25-foot intervals. This staked line shall continuously remain in
place and serve as clearing and construction limits throughout the
project for all construction activities adjacent to the wetlands area,
or as required by the City.
25.The purpose and intent of the following condition is to discourage the
uncontrolled intrusion of humans into the mitigation area, provide a
passive recreation opportunity, and to ensure long term protection. The
following information and improvements shall be required by the Applicant:
a. Interpretive signs shall be installed and maintained at 150-foot intervals along the boundary of
wetland buffers. The signs shall be constructed of a permanent and durable material and indicate the
wetland restrictions related to the use of the area. The sign locations, construction details, and text
shall be specified in final mitigation plan.
b. The wetlands and wetland buffers shall be encumbered by a conservation easement granted to the
City of Auburn. The easement shall state that any uses within the easement area shall be approved
by the Planning Director. The uses shall be consistent with the purpose of the wetland and stream
buffer and be a general benefit to the public. Evidence that the easement has been executed acid
recorded is required prior to issuance of any occupancy permits for the site.
26. Unless a FEMA map amendment is approved to eliminate on-site
floodplain, prior to issuance of a grading permit authorizing fill placement
in the floodplain the Applicant shall prepare and submit a Flood
---------------- - -----
Ordinance No. 5971
November 29, 2005
Page 24 of 31
Compensation Plan. The plan shall demonstrate how compensatory flood
storage will be provided for the project concurrently with site filling. The
flood storage shall be provided incrementally as the flood stage rises from
the seasonal low average, up to and including the 100-year flood
elevation. The compensatory storage shall be provided at a ratio of one to
one (displacement to replacement). The flood storage must be designed
based on seasonal groundwater elevations with appropriate supporting
analysis. The plan must be approved prior to issuance of a grading permit
to fill the floodplain.
27. Unless a FEMA map amendment is approved to eliminate on-site
floodplain, the area of the compensatory flood storage and associated
access shall be encumbered by a drainage easement granted to the City
of Auburn. The easement shall state that any uses within this area shall
be approved by the Planning and Public Works Directors. The easement
language shall be prepared by the Applicant and approved by the City and
shall convey maintenance and inspection access to the City. Evidence
that the easement has been executed and recorded is required to be
shown on the final plat.
28. Prior to the issuance of a grading permit subsequent to permit number
GRA04-0025 issued August 27, 2004 that includes excavation or
disturbance of the existing ground surface elevation, the Applicant shall
prepare a historic/cultural resources monitoring plan as recommended by
the report "Archaeological and Historical Resources Survey of the
Proposed River Sand PUD, King County, Washington," (Plat Exhibit 24).
The monitoring plan shall establish a protocol for the inadvertent discovery
Ordinance No. 5971
November 29, 2005
Page 25 of 31
of human remains. The monitoring plan shall also detail what cultural
materials may be expected on-site, qualifications of the on-site monitor,
the authority of the on-site monitor to halt excavation/construction
activities, a protocol for assigning significance to identified materials, and
safety requirements for the monitor's activities. A copy of the report shall
be provided to OAHP, the City of Auburn, and the Muckleshoot Tribe upon
its completion. The Applicant shall demonstrate to the City of Auburn that
the monitoring report recommendations have been addressed prior to
commencement of any permitted excavation or disturbance of the existing
ground surface elevation. Also, in accordance with the report's
recommendations, an on-site monitor shall be present during excavation
or disturbance of the existing ground surface elevation.
29.The intersection of "M" Street NE and South 277th Street shall include a
temporary traffic signal. Prior to the issuance of the building permit for the
76th housing unit within the plat, the Applicant shall financially secure the
completion of a second permanent access route consisting of the
construction of a 24-foot wide paved roadway with adequate shoulder and
storm drainage provisions along the east-west alignment of a new
49th/51st Street NE between "M" Street NE and the new "I" Street NE
alignment. The Applicant shall also financially secure completion of the
new "I" Street NE between 49th Street NE and South 277th Street, plus a
wire span traffic signal at the intersection of the new "I" Street NE and
South 277th Street. When the second permanent access is constructed,
the temporary traffic signal at "M" Street NE and South 277th Street shall
be removed and permanent channelization to City of Kent standards shall
be installed in its place. The Applicant shall pay the City $495,000, which
------------------------------
Ordinance No. 5971
November 29, 2005
Page 26 of 31
in addition to the development's normal traffic impact fees, provides
adequate funding to secure the second permanent access route
improvements and related improvements. In the event the City's traffic
impact fees are increased prior to payment of the $495,000, the mitigation
fee may be correspondingly decreased.
30. Notice of the future second permanent access route and the future
intersection modifications shall be recorded on the face of the final plat
and on each individual property title within the plat. In addition to this
notice, adequate on-site signage of such future traffic improvements shall
be provided as directed by the City.
31. At the time of plat construction, secondary emergency access shall also
be provided to the plat from South 277th Street by means of the
establishment of emergency accesses a minimum of 20 feet in width from
South 277th Street. These traffic accesses shall prohibit general traffic
use through the use of gates or bollards to the satisfaction of the Fire
Marshal. Fire lanes shall be posted in accordance with the Auburn City
Code. Notice signs shall be maintained in a clean and legible condition at
all times and be replaced or repaired when necessary by the homeowners'
association to provide adequate visibility.
32. Prior to final plat approval, the Applicant shall financially secure the
completion of a 12-inch of-site waterline for completion of the looping of
waterlines to meet the Water Comprehensive Plan Level of Service
criteria. The Water Comprehensive Plan Improvements would consist of
Ordinance No. 5971
November 29, 2005
Page 27 of 31
approximately 1,200 linear feet of 12-inch waterline along the proposed
extension of "I" Street NE from 45th Street NE to 49th Street NE and
approximately 1,300 linear feet of 12-inch waterline along an east-west
alignment of a new 49th/51st Street NE between the proposed new "I"
Street NE alignment and the River Sands Development west property line.
The Applicant shall pay to the City $82,000, which combined with the
development's normal System Development Charges, provides adequate
funding to secure the water system improvements. In the event the City's
Water System Development charges are increased prior to payment of the
$82,000, this mitigation fee may be correspondingly decreased.
33. The Applicant shall pay school impact fees to the Kent School District as
dictated by the City of Auburn and the Kent School District's school impact
fee agreement. The Applicant, the Cities, and the District shall agree on a
method of providing safe bus stops prior to final plat approval, and the
approved method shall be noted on the final plat map.
34.The project shall not at any time disturb or encroach upon the 200-foot
shoreline buffer of the Green River.
35. The approval of the PUD is only valid upon the approval and execution by
the Auburn City Council of the associated preliminary plat, File No. PLT04-
0006.
36. Given the relatively narrow frontages of the proposed single-family residential
lots and the impact on pedestrians (and wheelchairs) from elevation changes due
Ordinance No. 5971
November 29, 2005
Page 28 of 31
to a series of closely spaced driveways, the local residential road cross section
shown on the preliminary plat shall be revised to show the landscape planting
strip abutting the curb on both sides of the street.
1.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Approval. -The rezone request is hereby approved to
rezone approximately 40.9 acres from Multiple Family Residential (R4)
and Duplex Residential (R3) to Planned Unit Development (PUD) and the
request for approval of a Planned Unit Development and Binding Site Plan
is hereby approved, and as legally described in Exhibit A attached hereto,
subject to the conditions as outlined above.
Section 2. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause,
sentence, paragraph, subdivision, section or portion of this ordinance, or
the invalidity of the application thereof to any person or circumstance shall
not affect the validity of the remainder of this ordinance, or the validity of
its application to other persons or circumstances.
Section 3. Recording. Upon the passage, approval and
publication of this Ordinance as provided by law, the City Clerk of the City
----- - - - --- - ------
Ordinance No. 5971
November 29, 2005
Page 29 of 31
of Auburn shall cause this Ordinance to be recorded in the office of the
King County Auditor.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section S. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
INTRODUCED: DEC 5 2005
PASSED: nFE 5 2005
APPROVED: DEC 5 2005
CITY O
PETER B. LEWIS
MAYOR
Ordinance No. 5971
November 29, 2005
Page 30 of 31
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
DaWel B. Hel
City Attorney
Publication: /,)-
---------------------------
Ordinance No. 5971
November 29, 2005
Page 31 of 31
EXHIBIT'A'
LEGAL DESCRIPTION FOR PLT04-0006 AND PUD04-0001
THAT PORTION OF THE GEORGE E. KING DONATION LAND CLAIM (D.L.C.) NO. 40 IN
SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST W.M. DESCRIBED AS FOLLOWS:
COMMENCING AT A 6" X 6" SANDSTONE MONUMENT MARKING THE SOUTHWEST
CORNER OF THE R.H. BEATTY D.L.C. NUMBERS 37 AND 44; THENCE SOUTH 89-00'01"
EAST, ALONG THE SOUTH LINE OF SAID R.H. BEATTY D.L.C. AND THE NORTH LINE OF
THE W.A. COX D.L.C. NO 38, A DISTANCE OF 2,643.18 FEET TO A 2" DIAMETER
CONCRETE-FILLED IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID R.H.
BEATTY D.L.C. AND THE NORTHEAST CORNER OF SAID W.A. COX D.L.C.;
THENCE, CONTINUING SOUTH 89-00'01" EAST, 638.43 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE, CONTINUING SOUTH 89-00'01", 1,617.39 FEET TO A POINT ON A LINE
ESTABLISHED BY BOUNDARY LINE AGREEMENT RECORDED UNDER KING COUNTY
RECORDING NO. 8110150749;
THENCE, ALONG SAID LINE, SOUTH 46-26'33" EAST 103.45 FEET;
THENCE, ALONG SAID LINE, SOUTH 39-19'49" EAST 211.01 FEET;
THENCE, ALONG SAID LINE, SOUTH 09-48'39" WEST 412.45 FEET;
THENCE, ALONG SAID LINE, SOUTH 01-43'38" EAST 263.60 FEET;
THENCE, ALONG SAID LINE, SOUTH 08-38'47" WEST 208.18 FEET;
THENCE, NORTH 88-49'05' WEST 503.22 FEET
THENCE, NORTH 19-30'00" EAST 110.98 FEET;
THENCE, NORTH 88-49'05" WEST 1,283.52 FEET;
THENCE, NORTH 01-48'33" EAST ALONG A LINE PARALLEL WITH THE EAST LINE OF
SAID COX D.L.C., 1,008.50 FEET TO THE TRUE POINT OF BEGINNING; .
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR SOUTH
277TH STREET, DESCRIBED AS FOLLOWS:
BEGINNING AT SAID TRUE POINT OF BEGINNING;
THENCE, CONTINUING SOUTH 89-00'01" EAST, 1,617.39 FEET TO A POINT ON A LINE
ESTABLISHED BY BOUNDARY LINE AGREEMENT RECORDED UNDER KING COUNTY
RECORDING NO. 8110150749;
THENCE, ALONG SAID LINE, SOUTH 46-26'33" EAST 103.45 FEET;
THENCE, ALONG SAID LINE, SOUTH 34-19'49" EAST 60.80 FEET;
THENCE NORTH 79-05'59" WEST 581.27 FEET;
THENCE NORTH 88-59'57" WEST 1,156.72 FEET TO A POINT 20.00 FEET EAST OF THE
EAST RIGHT-OF-WAY MARGIN OF "I" STREET NORTHEAST;
THENCE NORTH 01-48'33" EAST 20.00 FEET TO THE POINT OF BEGINNING OF THIS
EXCEPTION;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
.
CITY OF
V L V RN Peter B. Lewis, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.aubumwo.gov * 253-931-3000
FINAL
MITIGATED ?x0 1 45W
DETERMINATION OF NON-SIGNIFICANCE • -
SEP04-0037
DESCRIPTION OF PROPOSAL: Rezoning from R-4. Multiple Familv Residential and R>3 Two-
Family Residential to a Planned Unit Development (PUD) designation initial short platting into
two lots and the subsequent preliminary plat approval of a subdivision into approximately 172
single family lots one multiple familv lot with approximately 115 dwelling units and seventeen
tracts and binding site plan approval of the multiple family development all under the provisions
of the PUD. The proposal includes the site preparation construction and dedication of new
public streets within and adjacent to the plat the construction of privately-owned recreational
spaces, the installation of on-site landscaping utilities and the dedication of land to be used for
a public park. The proiect includes approval of deviations for street standards variances from
single- family setbacks and RV parking and a modification to plat standards related to park land
dedication.
PROPONENT: Rob Pursuer, Centex Homes
LOCATION: The area south of South 277th Street and west of the Green River
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. SEP04-0037", 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 project action involves one parcel totaling approximately 40.9 acres with
split zoning. The proposal is located at the northern edge of the Auburn city limits and
abuts Kent (the roadway of S 277th Street) and unincorporated King County to the north.
Certain off-site improvements are proposed in Kent. The City of Auburn serves as
SEPA lead agency for the proposal as provided in WAC 197-11-932.
2. The proposed action, referred to as "River Sand" consists of the rezoning from R-4,
Multiple Family Residential and R-3, Two-Family Residential to a Planned Unit
Development (PUD) designation, initial short platting into two lots and the subsequent
preliminary plat approval of a subdivision into approximately 172 single family lots, one
multiple family lot with approximately 115 dwelling units and seventeen tracts and
binding site plan approval of the multiple family development, all under the provisions of
the PUD. The proposal includes the site preparation, construction and dedication of
new public streets within and adjacent to the plat, the construction of privately-owned
recreational spaces, the installation of on-site landscaping, utilities and the dedication of
AUBURN * MORE THAN YOU IMAGINED
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 2
a public park. The project includes approval of deviations for street
standard4va ce s from single-family setbacks and relief from RV parking and a
modification to plat standards related to park land dedication.
3. The proposal includes substantial grading and clearing, street improvements (including
off-site improvements in Kent) construction of utilities and wetland mitigation. The
proposal is to be constructed and receive final plat in two phases.
4. Construction will consist of the excavation and removal from the site of approximately
20,000 cubic yards of organic soils. The project will also require the importation of
approximately 325,000 cubic yards of soil for general site filling for the sub-base under
paving and to raise site to equal grades with the adjacent right-of-way and properties, to
provide cover for utilities and to achieve the grades necessary for adequate site
drainage. Approximately 25,000 cubic yard of excavation and backfill will be necessary
for the installation of utilities. Approximately 80,000 cubic yards of excavation and
15,000 cubic yards of filling are proposed for building footings and storm drainage
system construction, respectively. The on-site street construction is estimated to
include 75,000 cubic yards of fill and 15,000 cubic yards of excavation.
5. The importation and placement of up to 200,000 cubic yards of fill has previously been
authorized by city permit GRA04-0025 from the adjacent wetland mitigation construction
site by the Port of Seattle.
6. The applicant's geotechnical report: "Geotechnical Report River Sand 1st Street NE
and South 277th Street," Terra Associates Inc. February 4, 2004, contains
recommendations related to site development that will be incorporated into the project
design. The project has the potential for differential settlement and erosion if
precautionary geotechnical recommendations are not followed.
7. This proposal includes importing up to 325,000 cubic yards of material to the site. The
temporary truck trips generated by the construction operations will likely cause adverse
impacts to traffic operations and Kent and Auburn streets during peak traffic hours and
will thus generate increased levels of local suspended particulate emissions. A haul
route plan must be prepared with specific traffic control measures and submitted to the
appropriate jurisdictions to reduce or avoid impacts.
8. Construction activity will include the on-site grading of existing soils and could result in
potential water quality degradation that will be mitigated through the compliance with the
development regulations prescribed in the City's Design and Construction Standards.
9. Site preparation and construction activities will generate increased levels of local
suspended particulate emissions.
10. The applicant indicates that the project includes construction of impervious surfaces
over approximately 50 percent of the site. The construction of paved surfaces will
adversely impact the area's water quality unless mitigation measures are implemented
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 3
consistent with the guidelines prescribed in the City's Design and Construction
standards.
11. Stormwater runoff from the plat will be collected and treated on-site in a system
designed in accordance with the City of Auburn Design and Construction standards.
Runoff associated with off-site road improvements located in Kent will be designed in
accordance with respective design standards. Stormwater will be released to an
existing ditch system in King County that flows north and eventually discharges to the
Green River. Additional information on the project's storm water system is described in
the report: Storm Drainage Report for River Sand PUD, DBM Consulting Engineers,
March 31, 2004. The report identifies the existing drainage pattern of the site and the
proposed storm drainage system.
12. Impervious surfaces will increase the quantity of storm water discharge from the site.
The project's storm drainage facilities must be properly designed and constructed to
accommodate the increased runoff in accordance with the guidelines prescribed in the
City of Auburn's adopted standards.
13. Lack of maintenance is known to reduce the effectiveness of stormwater collection and
treatment facilities, resulting in water quality degradation.
14. The proponent's report: Wetland Assessment of the Bristol Property S 277th Street and
West of the Green River, Auburn WA, J.S. Jones Associates Inc., January 31, 2002,
revised July 30, 2002 identifies that the site contains two wetlands. Subsequently, the
Army Corps of Engineers modified the delineation via a Letter from Gail Terzi to Jeffrey
Jones, May 22, 2003 verifying the wetland boundaries in the attached map. The site
contained two wetlands: a 1,243 square foot (0.03-acre) wetland at the northwest corner
and an 18,655 square foot (0.43-acre) wetland, which is part of a larger off-site wetland
at the southwest corner. The letter also noted that the site contained thee ditches
meeting the definition of "Waters of the U.S". The applicant proposes to retain, protect
and avoid filling the on-site wetlands. To protect site wetlands and compensate for the
loss of wetland functions, mitigation measures are necessary for the site to be
developed.
15. The project also includes filling or floodplain storage excavation up to the edge of the
existing wetlands. This earthwork has the potential to result in adverse wetland impacts
if the fill is not properly placed and controlled. Under the current condition, the area of
the buffer has previously been disturbed and therefore contains limited vegetation.
16. 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 enhanced. with dense planting of native
vegetation of a sufficient width is necessary to reduce and avoid wetland impacts.
17. To compensate and mitigate the loss of wetland functional values associated with
construction disturbance, a conceptual mitigation plan was prepared. Information on the
proposed mitigation is contained in the report: Conceptual Wetland Mitigation Plan of
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 4
the River Sand Property, J.S. Jones and Associates Inc., revised January 26, 2005. To
reduce or avoid impacts, the proposed construction includes observing a fifty (50) foot
minimum enhanced buffer around Wetland 1 (Category II) and observing an average of
twenty-five (25) foot enhanced buffer around Wetland 2 (Category IV). According to
the report, the existing buffer does not contain suitable buffer vegetation and buffer
enhancement is proposed as a result. The enhancement around Wetland 1
(approximately 68,836 square feet including the adjacent Tract J) and the buffer
enhancement around Wetland 2 (approximately 8,034 square feet) will be replanted with
native trees and shrubs to create a forested community with habitat structures added.
The enhancement of Wetland 2, itself, by replanting is also proposed.
18. The proposed excavation, modification of ground surface and impervious surface
construction proximate to the sites wetlands could potentially result in disruption to the
functions and values of the existing site wetlands by altering hydrologic support. An
analysis of the potential hydrologic changes and implementation of enhancement
recommendations is necessary to reduce and avoid wetland impacts. The report
Conceptual Wetland Mitigation Plan of the River Sand Property, J.S. Jones and
Associates Inc., revised January 26, 2005. states: " Wetland 2 may require
supplemental hydrology I order to match the pre and post hydrology condition. Pre and
post hydrologic calculation will be provided by the civil engineer at the time of final
engineering."
19. To help ensure the long-term preservation of the wetland mitigation area and to
discourage the uncontrolled intrusion of humans into the wetland mitigation area,
mitigation signage and easement will be required.
20. Based on current FEMA maps, the site contains 100-year flood plain associated with the
Green River. The hydraulic connection to the River is located north of the site. Unless
a FEMA map amendment is secured to eliminate the on-site portion of floodplain, a
flood zone control permit will be required by the City to complete the project as
proposed.
21. The proposed development will include placement of compacted fill within the floodplain
thereby increasing runoff and reducing the site's floodwater storage capacity. The
proposed earthwork will result in floodwater displacement and potential off-site flooding
impact if mitigation measures are not implemented. The project would either provide
100% compensatory storage on-site through excavation of areas southwest of Wetland
1 or through construction of compensatory storage on the Port of Seattle property to the
south by others.
22. A portion of the eastern boundary of the site is adjacent to the Green River. King
County property intervenes along the remaining portion of the eastern property
boundary. There are on-site areas along the eastern boundary within 200 feet of the
ordinary high water mark that therefore are within areas subject to the "Conservancy"
designation of the City's Shoreline Management Program. According to the plat and
environmental checklist application, this area of shoreline jurisdiction is proposed to
remain undisturbed with this project and dedicated to the City for future recreational use.
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 5
23. While the site contains limited vegetation due to previous agricultural use, the proposed
development action will eliminate vegetation over the majority of the site. The measures
to provide wetland buffering, and revegetation of the site with code-required landscaping
will assist in reducing impacts to vegetative and wildlife resources.
24. A report was prepared to evaluate the presence or likely presence of any hazardous
materials. The report: "Phase I Environmental Site Assessment Proposed River San
Estates Southeast Corner of the Northeast I Street and South 277 Street, The Riley
Group, August 8, 2003, indicates none were found.
25. Concurrent with the plat and PUD applications, the applicant has requested deviations
for street standards, a variance from rear yard setbacks and a modification to plat
standards related to park land dedication.
26. The proponent prepared a historic and cultural resources study: "Archaeological and
Historical Resources Survey of the Proposed River Sand PUD King County
Washington," Entrix Inc., August 10, 2004. The investigation did not discover any
historically significant resources, but identifies that the site's potential to contain
archaeological resources cannot be discounted. Based upon the moderate to high
probability of resources, the study recommends development of a construction
monitoring plan and future monitoring of ground disturbing activities. If any items of
possible cultural or historic significance are encountered during construction activities,
work will be halted and the contractor must contact the proponent, the City of Auburn,
the Muckleshoot Cultural Program and the State Office of Archaeology and Historic
Preservation immediately.
27. The Traffic Impact Analysis River Sand PUD, was prepared by Transportation
Consulting Northwest, April 12, 2004. The report was revised June 24, 2004 and
supplemented on September 27, 2004. This analysis with subsequent revisions and
supplements concludes that the proposed project will generate 254 PM peak hour trips
including 165 entering and 89 exiting trips in the PM peak hour based on the identified
trip rate during an average weekday.
28. At the time of final plat approval, this development can meet Comprehensive Plan Policy
TR 13 by providing a permanent boulevard-type road approach to S 277th Street from
the plat as approved by the City Engineer. The boulevard shall have a divided roadway
with central landscape median. This access shall include a temporary traffic signal at
the intersection of the boulevard approach and S 277th Street. In addition, prior to the
issuance of a building permit for the equivalent of the 76th single family unit within the
plat, the applicant shall financially secure the completion of a second permanent access
route consisting of the construction of a 24-foot wide paved roadway with adequate
shoulder and storm drainage provisions along the east-west alignment of a new
49th/51st NE between the proposed boulevard and the new "I" Street alignment and the
new "I" Street NE between 49th Street NE and S 277th Street, plus a span wire traffic
signal at the intersection of the new "I" Street NE and S 277th Street. When the second
permanent access route is constructed, the intersection of the Boulevard approach and
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 6
S 277th Street shall have the temporary traffic signal removed and permanent
channelization shall be installed on S 277th Street at the intersection in order to prevent
left turns into and out of the plat. The applicant shall pay to the City $495,000, which in
addition to the development's normal traffic impact fees, provides adequate funding to
secure the second permanent access route improvements and related improvements.
In the event the City's traffic impact fees are increased prior to payment of the
$495,000, this mitigation fee may be correspondingly decreased.
29. Notice of the future second permanent access route and the future intersection
modifications (the future removal of the temporary traffic signal at the intersection of the
Boulevard approach and S 277th Street and the installation of permanent channelization
on S 277th Street to prevent left turns into and out of the plat, described above) shall be
recorded on the face of the plat and on each individual property title within the plat. In
addition to this notice, adequate on-site signage of such future traffic improvements
must be provided as directed by the City.
30. At the time of plat construction secondary emergency access shall also be provided to
the plat from S 277th Street by means of the establishment of one or more emergency
accesses a minimum of 20 feet in width. These secondary emergency accesses shall
prohibit general traffic use through the use of gates or bollards to the satisfaction of the
Fire Marshal and City Engineer.
31. While initially the internal road lengths will exceed city polices related to the length for
dead-end roads without providing for secondary access connection until the 49th/51 st
Street extension is constructed, financially guaranteeing construction of a second
access point at the 76th dwelling unit will minimize the impacts to a point of non-
significance.
32. The City of Auburn adopted a Transportation Impact Fee under Ordinance No. 5506.
The traffic impact fee is collected at the time of building permit.
33. The applicant must obtain right-of-way use permits from Kent in order to construct
frontage improvements, temporary signalization and street access to S 277th Street
within Kent's jurisdiction.
34. The proposal is located in the Kent School District. The City has an interlocal
agreement with the Kent School District to collect impact fees on their behalf.
35. An existing METRO sewer line exists within the S 277th Street right-of-way with a 12-
inch stub to the south side of the street. 8-inch mains are proposed to be extended
within the project's roadways to serve the lots. The project may necessitate the use of
grinder pumps for a few of the single-family homes that cannot be served by gravity. As
per the Sanitary Sewer Comprehensive Plan Chapter 5 "Alternative Sewage Disposal
Systems" which states: "It is the City's policy to transport sewage by gravity as the
most cost-effective method. Alternative pressure systems should be permitted only in
those circumstances when a gravity system would be impractical, unreasonably
expensive, environmentally destructive or otherwise infeasible. "
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 7
36. Currently no water lines exist in the project vicinity. In order to provide water service to
the 9roject, the proponent will at a minimum construct a new 12-inch pipeline along S
277 Street from Auburn Way N to a point along the north property boundary sufficient
for construction of a looped water system in accordance with the improvements
identified within the City's Comprehensive Water Plan (Improvement number DS-603-
108,109).
37. In order to meet city policies and standards for water system reliability and multiple
directional flows, prior to any Final Plat approval, the applicant shall financially secure
the completion of a second 12-inch off-site waterline for completion of the looping of
waterlines to meet the Water Comprehensive Plan Level of Service criteria. The Water
Comprehensive Plan Improvements would consist of approximately 1,200 linear-feet of
12-inch waterline along the proposed extension of "I" Street NE from 45th Street NE to
49th Street NE and approximately 1,300 linear-feet of 12-inch waterline along an east
west alignment of a new 49th/51st NE between the proposed new "I" Street alignment
and the River Sands Development west property line. The applicant shall pay to the City
$82,000, which combined with the development's normal System Development
Charges, provides adequate funding to secure the second permanent water system
improvements. In the event the City's Water System Development charges are
increased prior to payment of the $82,000. this mitigation fee may be correspondingly
decreased. The water line construction will need to be coordinated with the City of Kent
since the right-of-way is within their jurisdiction.
38. The "Final Staff Evaluation for Environmental Checklist No. SEP04-0037" is hereby
incorporated by reference as though set forth in full.
CONCLUSIONS OF LAW:
Staff has concluded that a MDNS may be issued. This is 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:
1. The City shall seek to ensure that land not 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, Auburn Comprehensive Plan (ACP)).
2. Where there is a high probability of erosion, 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).
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 8
3. Large scale speculative filling and grading activities not associated with a development
proposal shall be discouraged as it reduces a vegetated site's natural ability to provide
erosion control and biofiltration, absorb storm water and filter suspended particulates. In
instances where speculative filling is deemed appropriate, disturbed vegetation shall be
restored as soon as possible and appropriate measures to control erosion and
sedimentation until the site is developed shall be required (Policy EN-67, ACP).
4. The City shall seek to secure and maintain such levels of air quality as will protect
human health, prevent injury 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).
5. The City shall encourage the retention of vegetation and encourage landscaping in
order to provide filtering of suspended particulates (Policy EN-18, ACP).
6. 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).
7. Stormwater drainage improvement projects that are proposed to discharge to
groundwater, such as open water infiltration ponds, shall provide for surface water
pretreatment designed to standards outlined in the Washington State Department of
Ecology's Stormwater Management Manual for the Puget Sound Basin. Drainage
improvement projects that may potentially result in the exchange of surface and ground
waters, such as detention ponds, shall also incorporate these standards. [Policy EN-2,
Auburn Comprehensive Plan (ACP)]
8. The City shall seek to minimize degradation to surface water quality and aquatic habitat
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-3, ACP)
9. The City will regulate any new storm water discharges to creeks, streams, rivers, ponds,
lakes and other water bodies with the goal of no degradation of the water quality or
habitat of the receiving waters, and where feasible seek opportunities to enhance the
water quality and habitat of receiving waters. (Policy EN-4, ACP)
10. 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-11, ACP)
11. 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. (EN-13, ACP)
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 9
12. 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-71, ACP)
13. Stormwater drainage improvement projects that are proposed to discharge to
groundwater, such as open water infiltration ponds, shall provide for surface water
pretreatment designed to standards outlined in the Washington State Department of
Ecology's Stormwater Management Manual for the Puget Sound Basin. Drainage
improvement projects that may potentially result in the exchange of surface and ground
waters, such as detention ponds, shall also incorporate these standards. (Policy EN-2,
ACP)
14. Where possible, streams and river banks should be kept in a natural condition, and
degraded streambanks should be enhanced or restored. (Policy EN-6, ACP)
15. The City's design standards shall ensure that the post development peak stormwater
runoff rates do not exceed the predevelopment rates. (Policy EN-10, ACP)
16. 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-11, ACP)
17. 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-13,
ACP)
18. The City shall require the use of Best Management Practices to enhance and protect
water quality as dictated by the City's Design and Construction Standards and the
Washington State Department of Ecology's Stormwater Management Manual for the
Puget Sound Basin. In all new development, approved water quality treatment
measures that are applicable and represent the best available science or technology
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-14, ACP)
19. The City recognizes that new development can have impacts including, but not limited
to, flooding, erosion and decreased water quality on downstream communities and
natural drainage courses. The City shall continue to actively participate in developing
and implementing regional water quality planning and flood hazard reduction efforts
within the Green River, Mill Creek and White River drainage basins. The findings and
recommendations of these regional efforts, including, but not limited to, the "Draft"
Special Area Management Plan (SAMP) for the Mill Creek Basin, the "Draft" Mill Creek
Flood Control Plan, the Green River Basin Program Interlocal Agreement, and the Mill
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 10
Creek Water Quality Management Plan, shall be considered by the City as City
programs and plans are developed and updated. (Policy EN-15, ACP)
20. The City recognizes the value and efficiency of utilizing existing natural systems (e.g.,
wetlands) for storm water conveyance and storage. However, these natural systems
can be severely impacted or destroyed by the uncontrolled release of contaminated
storm waters. Prior to utilizing natural systems for storm drainage purposes, the City
shall carefully consider the potential for adverse impacts through the environmental
review process. Important natural systems shall not be used for storm drainage
storage or conveyance, unless it can be demonstrated that adverse impacts can be
adequately mitigated to a less than significant level. (Policy EN-16, ACP)
21. The City recognizes that stormwater treatment facilities do not function efficiently unless
maintained. The City shall strive to ensure that public and private stormwater collection,
detention and treatment systems are properly maintained and functioning as designed.
(Policy EN-17, ACP)
22. The City shall seek to protect any unique, rare or endangered species of plants and
animals found within the City by preventing the indiscriminate and unnecessary removal
of trees and groundcover; by promoting the design and development of landscaped
areas which provide food and cover for wildlife; and by protecting and enhancing the
quality of aquatic habitat (Policy EN-23, ACP).
23. 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-24, ACP)
24. 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. The City will consider
these roles and functions in all new development and will also pursue opportunities to
enhance the existing wetland system when these multiple benefits can be achieved.
(Policy EN-27, ACP)
25. 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. The City shall continue to promote policies and practices of enhancing the
wetlands that are hydraulically connected to the river systems to improve fish resources
and aquatic habitat. (Policy EN-28, ACP)
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 11
26. 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 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-29, ACP)
27. 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 measures. 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-30, ACP)
28. The City shall seek to protect human health and safety and to minimize damage to the
property of area inhabitants by minimizing the potential for and extent of flooding or
inundation. (Policy EN-57, ACP)
29. Flood prone properties outside of the floodway may be developable provided that such
development can meet the standards set forth in the Federal flood insurance program.
(Policy EN-58, ACP)
30. Site plan review shall be required under SEPA for any significant (e.g. over the SEPA
threshold) development in the flood plain. Appropriate mitigating measures shall be
required whenever needed to reduce potential hazards. (Policy EN-60, ACP)
31. The City shall enact ordinances and review development proposals in a manner which
restricts and controls the discharge of storm water from new development. At a
minimum the peak discharge rate after development shall not exceed the peak
discharge rate before development. (Policy EN-62, ACP)
32. The City's development standards should require control and management of storm
waters in a manner which minimizes impacts from flooding. (Policy EN-63, ACP)
33. The City shall consider the impacts of new development on frequently flooded areas
(Map 9.5) as part of its environmental review process and require any appropriate
mitigating measures. As part of this review process, flood engineering and impact
studies may be required. Within FEMA designated 100 year floodplains and other
designated frequently flooded areas, such mitigation may include flood engineering
studies, the provision of compensatory flood storage, floodproofing of structures,
elevating of structures, and downstream or upstream improvements. (Policy EN-64,
ACP)
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 12
34. Developers in floodprone areas shall provide geotechnical information which identifies
seasonal high groundwater elevations for a basis to design stormwater facilities in
conformance with City design criteria. (Policy EN-67, ACP)
35. The City recognizes the important benefits of native vegetation including its role in
attracting native wildlife, preserving the natural hydrology, and maintaining the natural
character of the Pacific Northwest region. Native vegetation can also reduce the use of
pesticides (thereby reducing the amount of contaminants that may enter nearby water
systems) and reduce watering required of non-native species (thereby promoting
conservation). The City shall encourage the use of native vegetation as an integral part
of public and private development plans through strategies that include, but are not
limited to, the following:
Encouraging the use of native plants in street landscapes and in public facilities.
Providing greater clarity in development regulations in how native plants can be used in
private development proposals.
Pursuing opportunities to educate the public about the benefits of native plants. (Policy
EN-33, ACP)
36. Development regulations shall emphasize the use of native plant materials that
complement the natural character of the Pacific Northwest and which are adaptable to
the climatic hydrological characteristics of the region. Regulations should provide
specificity as to native plant types in order to facilitate their use. (Policy EN-33A, ACP)
37. The City shall discourage the unnecessary disturbance of natural vegetation in new
development. (Policy EN-34, ACP)
38. The City shall encourage the use of water conserving plants in landscaping for both
public and private projects. (Policy EN-35, ACP)
39. 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; floodwater or storm water storage; storm water purification;
recreational value; historic or cultural value; aesthetic value; and educational value.
(Policy PR-7, ACP)
40. The City shall seek to retain as open space those areas that provide essential habitat for
any rare, threatened or endangered plant or animals species. (Policy PR-9, ACP)
41. The City shall encourage development which maintains and improves the existing
aesthetic character of the community. (Policy UD-1, ACP)
42. Storm drainage facilities shall incorporate high standards of design to enhance the
appearance of a site, preclude the need for security fencing, and serve as an amenity.
The design of above ground storage and conveyance facilities should address or
incorporate landscaping utilizing native vegetation, minimal side slopes, safety,
maintenance needs, and function. The facilities should be located within rear or side
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 13
yard areas and the design should preclude the need for security fencing whenever
feasible. (Policy UD-6, ACP)
43. The visual impact of large new developments should be a priority consideration in their
review and approval. (Policy UD-9, ACP)
44. All new development shall be required to underground on-site utility distribution service
and telecommunication lines. (Policy UD-12, ACP)
45. The City shall seek to minimize the exposure of area inhabitants to excessive levels of
light and glare. Performance measures for light and glare exposure to surrounding
development should be adopted and enforced. (Policy EN-43, ACP)
46. The City shall encourage development, which maintains or improves the existing
aesthetic character of the community (Policy UD-1, ACP).
47. Storm drainage facilities shall incorporate high standards of design to enhance the
appearance of a site, preclude the need for security fencing, and serve as an amenity.
The design of above ground storage and conveyance facilities should address or
incorporate landscaping utilizing native vegetation, minimal side slopes, safety,
maintenance needs, and function. The facilities should be located within rear or side
yard areas and the design should preclude the need for security fencing whenever
feasible. (Policy UD-6, ACP)
48. The visual impact of large new developments should be a priority consideration in their
review and approval (Policy UD-9, ACP).
49. All new development shall be required to underground on-site utility distribution, service
and telecommunication lines (Policy UD-12, ACP).
50. The City shall encourage the protection, preservation, recovery and rehabilitation of
significant archaeological resources and historic sites. (Policy HP-1, ACP)
51. The City shall consider the impacts of new development on historical resources as a
part of its environmental review process and require any appropriate mitigating
measures. (Policy HP-3, ACP)
52. 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 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).
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 14
53. The City shall consider both the transit impacts and the opportunities presented by
major development proposals when reviewing development under the State
Environmental Policy Act. (Policy TR-30, ACP)
54. The City shall explore opportunities to promote alternatives to single occupancy vehicle
travel, including carpooling and vanpooling; walking, biking, and other non-motorized
modes. (Policy TR-32, ACP)
55. New developments shall incorporate non-motorized facilities that meet City standards,
provide connectivity to adjacent communities, public facilities, and major shopping
centers, and that are consistent with the Non motorized Plan and the Land Use Plan
(Policy TR-35, ACP).
56. Encourage pedestrian-oriented design features in all development. (Policy TR-37, ACP)
57. The City shall encourage consideration of the needs of pedestrians in all public and
private development. (Policy TR-52, ACP)
58. The City shall require developers to construct storm drainage improvements directly
serving the development, including any necessary off-site improvements. (Policy CF-38,
ACP)
59. 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 the financing of off-site improvements required to serve
the development. (Policy CF-39, ACP)
60. Individual development projects shall provide the following minimal improvements in
accordance with established City standards:
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. Storm drainage.
e. Water.
f. Sanitary sewers.
g. Controlled and developed access to existing and proposed streets. (Policy LU-
106, ACP)
61. An efficient transportation system seeks to spread vehicle movements over a series of
planned streets. The goal of the system is to encourage connectivity while preventing
unacceptably high traffic volumes on any one street. Ample alternatives should exist to
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued)
Page 15
accommodate access for emergency vehicles. For these reasons the City will continue
to plan a series of collector-arterials and arterials designed to national standards to
provide efficient service to the community. Ample alternatives should also exist to
accommodate non-motorized transportation on collector-arterials and arterials, on local
roads within and between subdivisions, and on non-motorized pathways.
A.. Definitions
1.Dead end street: Street that accesses the roadway system only at one end. Dead end
streets are permanent conditions and should end in a cul-de-sac where appropriate.
2.Stub end street: Dead end street that is
future streets in an adjacent development.
require a temporary cul-de-sac.
planned to be extended and connected to
Depending on its length, it may or may not
B. Access in new development:
1.The internal local residential street network for a subdivision should be designed to
discourage regional through traffic and non-residential traffic from penetrating the
subdivision or adjacent subdivisions. Local residential streets shall not exceed 1,300
feet in length between intersections and shall not serve more than 75 dwelling units.
2.Where possible, streets shall be planned, designed and constructed to connect to
future development. All stub end streets shall be properly protected by traffic barriers
in a manner that complies with the requirements of the Manual of Uniform Traffic
Control Devices.
3.Dead end streets shall not be more than 600 feet in length. Dead end streets ending
in permanent cul-de-sacs shall serve a maximum of 25 dwelling units. When
applicable, non-motorized paths shall be provided at the end of the street to shorten
walking distances to an adjacent arterial or public facilities including, but not limited to,
schools or parks.
4.Residential developments should be planned in a manner that minimizes the number
of local street accesses to arterials and collector-arterials. Residential developments
with greater than 75 dwelling units, including single family developments, multi-family
developments or any combination thereof, shall have a minimum of two accesses to
either a collector-arterial or an arterial. Residential developments with less than 75
dwelling units, including single family developments, multi-family developments or any
combination thereof, may limit general access to one access to a collector-arterial or
arterial. Developments with between 25 and 75 dwelling units shall also provide a
second access route to a collector-arterial or an arterial for emergency vehicle access.
C. Access to existing areas:
To promote efficient connectivity between areas of the community, existing stub end
streets shall be linked to other streets in new development whenever the opportunity
arises.
D. Acceptable traffic volumes:
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 16
Projected trip generation shall be calculated based on the current edition of the
Institute of Transportation Engineers (ITE) Trip Generation Manual.
Stub end streets shall not be linked to a new street if the connection is likely to result
in traffic volumes which will exceed acceptable volumes for the road's classification.
These volumes are defined by the City of Auburn's Comprehensive Transportation
Plan (chart titled Functional Classification System, Characteristics of the Roadway
Function). Local residential stub end streets shall not be extended if the resulting
roadway segment will generate more than 750 trips per day based on the current
edition of the ITE Trip Generation Manual. Consideration may also be given to the
character and nature of the neighborhoods proposed to be connected.
E. Community Notification:
Property owners and tenants adjacent to stub end streets shall be adequately
informed of the stub end street functional classification and potential traffic volumes.
Methods for such notification should include plat covenants, public roadway signs or
other measures. (Policy TR-13, ACP)
62.The City shall encourage and approve development only where adequate public services
including police protection, fire and emergency medical services, education, parks and
other recreational facilities, solid waste collection, and other governmental services are
available or will be made available at acceptable levels of service prior to project
occupancy or use. Demand for any City service compared to level of support for such
service will also be given substantial consideration when reviewing development
proposals (Policy CF-7).
63. No new development shall be approved which is not supported by a minimum of
facilities to support the development and which does not provide for a proportionate
share of related system needs (CF-13).
64. Provisions shall be made wherever appropriate in any project for looping all dead-end or
temporarily dead-end mains. Construction plans must be approved by the appropriate
water authority prior to the commencement of construction. Where it is not feasible at
the time of approval and installation to loop a water system, in the opinion of the fire
department, the loop requirement may be relaxed if the intent of the code is met and a
stub is provided on the main for future expansion. (ACC 13.16.090 Dead-end mains
prohibited Ord. 3064 § 1, 1976.)
65.The growth impacts of major private or public development which place significant
service demands on community facilities, amenities and services, and impacts on the
City's general quality of life shall be carefully studied under the provisions of SEPA prior
to development approval. Siting of any major development (including public facilities
such as, but not limited to, solid waste processing facilities and landfills) shall be
carefully and thoroughly evaluated through provisions of SEPA prior to project approval,
conditional approval, or denial. Appropriate mitigating measures to ensure conformance
with this Plan shall be required. (Policy GP-6, ACP)
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 17
CONDITIONS:
The lead agency for this proposal has determined that it does not have probable significant
impact on the environment, and an environmental impact statement is not required under
R.C.W. 43.21C.030(2)(c), only if the following conditions are met. This decision is made after a
review of a completed environmental checklist and other information .on file with the lead
agency. This information is available to the public on request.
Prior to the issuance of clearing, grading permits subsequent to permit No. GRA04-0025
issued August 27, 2004, the applicant shall furnish the City of Auburn City Engineer and
appropriate City of Kent staff person with a proposed haul route and schedule for
hauling soil material to and/or from the site for review and approval by both entities. If, in
the opinion of the City representatives, such hauling will adversely impact the street
network, hauling hours may be coordinated and limited to appropriate off-peak hours or
alternative routes. The haul route plan shall also include a traffic control plan for
approval by the City of Kent and the City of Auburn.
2. The recommendations of the geotechnical report "Geotechnical Report River Sand 1st
Street NE and South 277th Street", Terra Associates Inc., February 4, 2004, and/or
other subsequent site specific soils or geotechnical reports shall be incorporated into
clearing, grading and other appropriate construction plans subsequent to permit No.
GRA04-0025 issued August 27, 2004, as determined by the City Engineer. Special
consideration shall be given to the recommendations for storm pond design identified in
the geotechnical report.
3. The applicant's grading plans subsequent to permit No. GRA04-0025 issued August 27,
2004 shall be prepared in conjunction with and reviewed by a licensed geotechnical
engineer. The geotechnical engineer shall develop and submit, for the City's review,
specific recommendations to mitigate grading activities with particular attention to
developing a plan to minimize the extent and time soils are exposed on site and address
grading and related activities during wet weather periods..
4. A licensed geotechnical engineer shall monitor on-site rough/preliminary plat grading
activities subsequent to permit No. GRA04-0025 issued August 27, 2004 to ensure that
the recommendations of the preliminary geotechnical report and any additional
conditions or requirements that are implemented. Based on recommendations of the
geotechnical report, the geotechnical engineer should review final design and
specifications in order to verify that earthwork and foundation recommendations have
been properly interpreted and implemented in the project design. The geotechnical
services to be provided during construction are to observe compliance with the design
concepts, specifications and geotechnical report recommendations.
5. Upon completion of rough grading and excavation, the applicant shall have a
geotechnical engineer re-analyze the site and determine if new or additional mitigation
measures are necessary. If warranted, a revised geotechnical report shall be submitted
to the City of Auburn for review and approval by the City Engineer.
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 18
6. Prior to the placement of fill in addition to that authorized by permit No. GRA04-0025
issued August 27, 2004, the City Engineer shall approve the source of the imported fill
material for all structural fill and the City Engineer shall approve the source of the
imported fill material for all other fill activities.
7. Compaction monitoring and testing shall be required for all fill areas, both structural and
non-structural for City review. Compaction reports for structural fill shall be provided to
the City Engineer for review prior to acceptance.
8. Prior to issuance of grading permits subsequent to permit No. GRA04-0025 issued
August 27, 2004, a wetland hydroperiod analysis shall be submitted to the City for
review and approval. The analysis shall include a pre-developed analysis of the existing
hydrologic volume tributary to the wetlands, and post-developed volumes from tributary
areas directed to the wetlands. A wetland biologist shall be consulted to verify the
appropriate hydrologic support necessary to maintain existing wetland's function and
value. If augmentation is warranted to reduce or avoid impacts, rooftop drainage or
other acceptable means can be directed to the wetlands at a volume approximating
existing conditions to maintain hydrologic support of the wetlands. A monitoring
plan/program shall also be developed for City review and approval.
The Department of Ecology's Stormwater Management Manual for Western Washington
(Ecology 2001) will provide guidance for performing the wetland hydroperiod analysis,
information on maximum acceptable hydroperiod alterations, recommendation for
reducing development impacts on wetland hydroperiod and water quality,
recommendation for flow control and treatment for stormwater discharges to wetlands
and recommendation for post development wetland monitoring.
9. Prior to approval of the grading permit subsequent to permit No. GRA04-0025 issued
August 27, 2004, (or approval of half-street improvements to S 277th Street unless it is
demonstrated to the satisfaction of the Planning Director that the half-street
improvements will not result in wetland filling) a final wetland mitigation plan shall be
prepared and submitted for review and approval by the Planning Director and Public
Works Directors. The plan shall be approved prior to the issuance of the subsequent
grading permits or other construction permits. If applicable, the plan shall identify the
amount of wetland impact associated with half-street improvements to S 277th Street
and any associated wetland mitigation.
The plan shall include the proposed construction sequence, grading and excavation
details, erosion and sedimentation control features needed, planting plans specifying
species, quantities, locations size, spacing, and density, source of plant materials,
propagules and seeds, water and nutrient requirements for plants and water level
maintenance practices. Mitigation for reduction in wetland functions from the
disturbance and increased proximity of development shall consist of enhancement of
wetland buffers. Wetland mitigation shall be provided in general accordance with
recommendations identified in the report: "Conceptual Wetland Mitigation Plan of the
River Sand Property", J.S. Jones and Associates Inc., January 26, 2005, as modified by
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 19
the Final Staff Evaluation and MDNS. Major elements of the mitigation plan shall
include:
a. A final wetland mitigation plan, report and monitoring program, maintenance plan
and contingency plan shall be submitted for review and approval in accordance with
the recommendations of the delineation and conceptual mitigation reports, and as
modified by the MDNS conditions and Final Staff Evaluation. The plans and
supporting hydrologic analysis shall establish goals and objectives to monitor and
measure the success of the wetland mitigation project.
b. The wetland buffers shall be a minimum of fifty (50) feet in width for Wetland 1
and an average of twenty-five (25) feet in width for Wetland 2 and incorporate the
following characteristics: areas of flattened slopes (ranging from 4:1 to 6:1 in
gradient) adjacent to the wetland edge to provide habitat transition areas; and dense
plantings of vegetation native to the northwest that will provide shade and cover for
local wildlife. A maintenance plan for the buffer shall also be prepared and
submitted concurrently for review and approval.
c. The wetland enhancement areas shall be designed to include elements of water
saturation (hydrology) and be vegetated with obligate, facultative wetland plants or
facultative (hydrophytic) vegetation native to the Pacific Northwest. Trees and other
vegetation designed to provide food and cover for local wildlife shall be included.
d. The proponent shall as directed, be required to provide the Auburn Building
Official with services of an approved biologist with expertise in wetland buffer
enhancement, for purposes of inspecting wetland work activities on the City's behalf
for conformance with approved plans and specifications. In addition, the biologist
shall be retained for a minimum of five years following completion of all wetlands
work to monitor the progress of the enhanced wetlands, and to inspect the
replacement of unsuccessful plant and habitat materials in accordance with the
approved plans. A minimum of biannual monitoring and inspection and annual
reports, indicating achievement of goals and objectives, and project status, shall be
filed with the Planning Department throughout the five-year monitoring program, with
a final report provided at the end of the monitoring program.
e. Filling and grading of the site and wetlands mitigation work may occur
concurrently. The mitigation construction shall be complete prior to issuance of final
plat.
f. An appropriate security equivalent to 125 percent of the cost of all wetlands
mitigation work shall be submitted to the Auburn Building Official prior to the
issuance of grading permits, and shall be kept active for a minimum of five years
following completion of all wetlands construction in an amount commensurate with
the monitoring program and contingency plan. At the end of the monitoring
program, the City shall release the security if remedial action is not required.
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 20
g. Following completion and acceptance of all wetlands mitigation work, no clearing,
grading or building construction shall occur within the wetlands mitigation area,
except as may be authorized by the City of Auburn for: protection of public health,
safety and welfare; maintenance purposes, passive recreation improvements or
contingency mitigation work.
h. The surveyed wetland area shall be clearly indicated on all construction plans
approved by the City, indicating the purpose and any limitations on the use of the
area. The boundary of the wetland shall be based on the wetland boundary
confirmed by the Army Corps of Engineers (ACOE) by letter dated May 22, 2003
(reference: File No. 2002-4-00613) and its buffer shall be staked in 25-foot intervals.
This staked line shall continuously remain in place and serve as clearing and
construction limits throughout the project for all construction activities adjacent to the
wetlands area, or as required by the City.
10. 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 and maintained at 150-foot intervals along
the boundary of the wetland buffers. The-signs shall be constructed of a
permanent and durable material and indicate the wetland restrictions related to the
use of the area. The sign locations, construction detail and text shall be specified in
the final mitigation plan described in Condition above.
b. The wetlands and wetland buffer shall be encumbered by a conservation
easement granted to the City of Auburn. The easement shall state that any uses
within the easement area shall be as approved by the Planning Director. The uses
shall be consistent with the purpose of the wetland and stream buffer and be a
general benefit to the public. Evidence that the easement has been executed and
recorded is required prior to issuance of any occupancy permits for the site.
11. Unless a FEMA map amendment is approved to eliminate on-site floodplain, prior to
issuance of a grading permit authorizing fill placement in the floodplain, the applicant
shall prepare and provide for review and approval a Flood Compensation Plan. The
plan shall demonstrate how concurrently with site filling, compensatory flood storage will
be provided for the project. The flood storage shall be provided incrementally as the
flood stage rises from the seasonal low average, up to and including the 100-year flood
elevation. The compensatory storage shall be provided at a ratio of 1 to 1
(displacement to replacement). The flood storage must designed based on seasonal
groundwater elevations with appropriate supporting analysis.
12. Unless a FEMA map amendment is approved to eliminate on-site floodplain, the area of
the compensatory flood storage and associated access shall be encumbered by a
drainage easement granted to the City of Auburn. The easement shall state that any
uses within this area shall be as approved by the Planning and Public Works Directors.
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 21
The easement language shall be prepared by the proponent and approved by the City
and shall convey maintenance and inspection access to the City. Evidence that the
easement has been executed and recorded is required to be shown on the final plat.
13. Prior to the issuance of a grading permit that is subsequent to permit number GRA04-
0025 issued August 27, 2004 that includes excavation or disturbance of the existing
ground surface elevation, the applicant shall prepare a historictcultural resources
monitoring plan as recommended by the report: "Archaeological and Historical
Resources Survey of the Proposed River Sands PUD, King County, Washington", Entrix
Inc., August 10, 2004. The monitoring plan shall establish a protocol for the inadvertent
discovery of human remains. The monitoring plan shall also detail what cultural
materials may be expected on-site, qualifications of the on-site monitor, the authority of
the on-site monitor to halt excavation/construction activities, a protocol for assigning
significance to identified materials and safety requirements for the monitor's activities. A
copy of that report shall be provided to OAHP, the City and the Muckleshoot Tribe upon
its completion. The applicant shall demonstrate to the City of Auburn that the monitoring
report recommendations have been addressed prior to commencement of any permitted
excavation or disturbance of the existing ground surface elevation.
Also, in accordance with the report's recommendations, an on-site monitor shall be
present during excavation or disturbance of the existing ground surface elevation.
14. At the time of final plat approval, this development can meet Comprehensive Plan Policy
TR 13 by providing a permanent boulevard-type road approach to S 277th Street from
the plat as approved by the City Engineer. The boulevard shall have a divided roadway
with central landscape median. This access shall include a temporary traffic signal at
the intersection of the boulevard approach and S 277th Street. In addition, prior to the
issuance of a building permit for the equivalent of the 76th single family unit within the
plat, the applicant shall financially secure the completion of a second permanent access
route consisting of the construction of a 24-foot wide paved roadway with adequate
shoulder and storm drainage provisions along the east west alignment of a new
49th/51st NE between the proposed boulevard and the new "I" Street NE alignment and
the new "I" Street NE between 49th Street NE and S 277th Street, plus a span wire
traffic signal at the intersection of the new T Street NE and S 277th Street. When the
second permanent access route is constructed, the intersection of the Boulevard
approach and S 277th Street shall have its temporary traffic signal removed and
permanent channelization shall be installed on S 277th Street at the intersection to
prevent left turns into and out of the plat. The applicant shall pay to the City $495,000,
which in addition to the development's and normal traffic impact fees, provides adequate
funding to secure the second permanent access route improvements and related
improvements. In the event the City's traffic impact fees are increased prior to payment
of the $495,000. this mitigation fee may be correspondingly decreased.
15. Notice of the future second permanent access route and the future intersection
modifications (The future removal of the temporary traffic signal at the intersection of the
Boulevard approach and S 277th Street and the installation of permanent channelization
installed on S 277th Street to prevent left turns into and out of the plat, described in
DETERMINATION OF NON-SIGNIFICANCE SEP04-0037 (Continued)
Page 22
condition number 14, above) shall be recorded on the face of the plat and on each
individual property title within the plat. In addition to this notice, adequate on-site
signage of such future traffic improvements will be provided as directed by the City.
16. At the time of plat construction secondary emergency access shall also be provided to
the plat from S 277' Street by means of the establishment of emergency accesses a
minimum of 20 feet in width from S 277th Street. These traffic accesses shall prohibit
general traffic use through the use of gates or bollards to the satisfaction of the Fire
Marshal and City Engineer.
17. Prior to any Final Plat approval, the applicant shall financially secure the completion of a
12-inch off-site waterline for completion of the looping of waterlines to meet the Water
Comprehensive Plan Level of Service criteria. The Water Comprehensive Plan
Improvements would consist of approximately 1,200 linear-feet of 12-inch waterline
along the proposed extension of "I" Street NE from 45th Street NE to 49th Street NE
and approximately 1,300 linear-feet of 12-inch waterline along an east west alignment of
a new 49th/51 st NE between the proposed new "I" Street NE alignment and the River
Sands Development west property line. The applicant shall pay to the City $82,000,
which combined with the development's normal System Development Charges, provides
adequate funding to secure the second permanent water system improvements. In the
event the City's Water System Development charges are increased prior to payment of
the $82,000. this mitigation fee may be correspondingly decreased.
Any person aggrieved of the City's determination may file an appeal with the Auburn City Clerk
within 21 days of issuance of a final determination. Copies of the final determination, specifying
the appeals deadline, can be requested or obtained from the Department of Planning and
Community Development.
RESPONSIBLE OFFICIAL: Paul Krauss, AICP
POSITION/TITLE: Director of the Department of
Planning & Community Development
ADDRESS: 25 West Main Street
Auburn, Washin ton 98001
(253) 931- 90 , ,/
DATE ISSUED: June 22005 SIGNATURE:
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 June 23, 2005 with required fee.
CITY OF_
P
WASHINGTON
ECOPY
;eXhAiTL4
CERTIFICATE OF IMPROVEMENTS
FINAL PLAT APPLICATION
FAC05-0028
COMPLETION OF IMPROVEMENTS
The required improvements for the Final Plat of _
have been completed in accordance with the Land
Auburn's standards and specifications.
City Engineer
Date
SECURITY IN LIEU OF COMPLETION
In lieu of the required public improvements for the Final Plat of River Sand aka
Trail Run, Phase 2, an approved security Letter of Credit for $371, 250.00
(150% of the estimated costs of improvements) has been submitted and approved
by the City Engineer.
6
City Engineer Date
1. The developer has provided references and demonstrated a minimum of 3 years
successful, non-defaulted plat development experience in the Puget Sound region.
2. The financial security is based on the following costs:
Scope of Work - One Activity Only:
Division 2 Improvements: $371, 250.00 which includes raising utilities to grade,
roof/lot drains, mail boxes, joint trench for private utilities, sidewalks, street lights,
driveway approaches, and a 2" overlay.
lt_?
Division Ordinance and the City of
SIA%Lif7
ORDINANCE NO. 6 2 0 3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE FINAL PLAT OF TRAIL RUN, DIVISION NO. 2
WHEREAS, on or about April 14, 2004, the City of Auburn received an
application for a preliminary plat - Application No. PLT04-0006, requesting
preliminary plat approval of a 173 lot Single-Family and Multiple-Family
Residential subdivision known as River Sand; and
WHEREAS, said request was referred to the Hearing Examiner for study
and public hearing thereon; and
WHEREAS, following initial staff review, and referral of the preliminary plat
to the City's Hearing Examiner, the Hearing Examiner conducted a public hearing
and review, ultimately forwarding his recommendations to the City Council for its
action; and
WHEREAS, thereafter, on December 5, 2005, the City Council passed its
Resolution No. 3952, approving the Preliminary Plat of Trail Run, Division No. 2;
and
WHEREAS, the City of Auburn has now received the final plat application
for the Plat of Trail Run, Division No. 2, Application No. PLT08-0021; and
WHEREAS, based on the review given this Plat by the City, the City
Council hereby makes and enters the following:
----------------
Ordinance No. 6203
September 11, 2008
Page 1 of 4
FINDINGS OF FACT
Centex Homes, represented by Barbara Yarrington, has requested final
plat approval of Trail Run, Division No. 2 and all applicable conditions
have been met.
2. The preliminary plat was approved by the City Council on December 5,
2005 by Resolution No. 3952. The preliminary plat was approved with two
proposed divisions. With this application the applicant is revising the
proposal to include three divisions. The plat has been developed in
accordance with the PUD, Planned Unit Development zoning district.
3. Subsequent to preliminary plat approval, the applicant requested
administrative approval of the a minor adjustment to the plat to revise the
boundaries of the open space tracts, to divide what is identified as one
tract into two separate tracts, to re-orient two lots and to affect minor lot
line changes to the single family and multiple family lots. The Planning
Director approved the minor adjustment pursuant to ACC 17.06.100.A.
4. A Certificate of Improvements has been issued by the City Engineer,
accepting all required plat improvements.
5. The applicant has dedicated a 1.70-acre (74,241 square foot) parcel of
land to the City of Auburn for park development associated with the first
phase of the plat (Division No. 1). The applicant has also dedicated 0.92
acres (40,155 square feet) within six tracts as a lineal park/open space
within the first phase (Division No. 1). The balance of the park dedication
is proposed with the future Division No. 3.
CONCLUSIONS OF LAW
1. The Final Plat is in compliance and in conformity with applicable Zoning
and Land Division Ordinances and other applicable land use controls.
2. The Plat is consistent with the Comprehensive Plan.
3. The Plat meets the requirements of Chapter 58.17 RCW.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
----------------
Ordinance No. 6203
September 11, 2008
Page 2 of 4
Section 1. Approval. Trail Run Division No. 2, a subdivision
involving property located within the City of Auburn, Washington, which plat is
legally described on Sheet 2 of the Final Plat and set forth in Exhibit "A," attached
hereto and incorporated herein by reference, is hereby approved, and deemed to
conform to the requirements for Plat approval pursuant to State and local law and
Chapter 58.17 of the Revised Code of Washington and Section 58.17.140
thereof.
Section 2. Constitutionality or Invalidity. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being hereby
expressly declared that this Ordinance and each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed adopted and
approved and ratified irrespective of the fact that nay one or more section,
subsection, sentence, clause or phrase be declared invalid or unconstitutional.
Section 3. Recordation. Upon the passage, approval and publication of
this Ordinance as provided by law, the City Clerk of the City of Auburn shall
cause this Ordinance to be recorded in the office of the King County Records,
Elections and Licensing Services Division.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 5. Effective Date. This ordinance shall take effect and be
in force five (5) days from and after its passage, approval and publication, as
provided by law.
----------------
Ordinance No. 6203
September 11, 2008
Page 3 of 4
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
----------------
Ordinance No. 6203
September 11, 2008
Page 4 of 4
Published:
Exhibit "A", Ordinance No. 6203
LEGAL DESCRIPTION
PROJECT NAME: River Sand PUD
PROJECT ADDRESS: Northeast and Southeast Quarters of Section 31, Township
22 North, and Range 05 East
South 277`'` Street and T Street NE, Auburn
PROJECT PARCEL #: 000420-0023
THAT PORTION OF THE GEORGE E. KING DONATION LAND CLAIM (D.L.C.) No. 40
IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST W.M., DESCRIBED AS
FOLLOWS:
COMMENCING AT A 6"X6" SANDSTONE MONUMENT MARKING THE SOUTHWEST
CORNER OF THE R.H. BEATTY D.L.C. NUMBERS 37 AND 44;
THENCE SOUTH 89'00'01 " EAST, ALONG THE SOUTH LINE OF SAID R.H. BEATTY
D.L.C. AND THE NORTH .LINE OF THE W.A. COX D.L.C. NO. 38, A DISTANCE OF
2,643.18 FEET TO A 2" DIAMETER CONCRETE-FILLED IRON PIPE MARKING THE
SOUTHEAST CORNER OF SAID R.H. BEATTY D.L.C. AND THE NORTHEAST CORNER
OF SAID W.A. COX D.L.C.;
THENCE, CONTINUING SOUTH 89'00'01" EAST, 638.43 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE, CONTINUING SOUTH 89'00'01" EAST, 1,617.39 FEET TO A POINT ON A
LINE ESTABLISHED BY. BOUNDARY LINE AGREEMENT RECORDED UNDER KING
COUNTY RECORDING NO. 8110150749;
THENCE, ALONG SAID LINE, SOUTH 46'26'33" EAST 103.45 FEET;
THENCE, ALONG SAID LINE, SOUTH 34019'49" EAST 211.01 FEET;
THENCE, ALONG SAID LINE; SOUTH 09.48'39" WEST 412.45 FEET;
THENCE, ALONG SAID LINE, SOUTH 01'43'38" EAST 263.60 FEET;
THENCE, ALONG SAID LINE, SOUTH 08.38'47" WEST 208.18 FEET;
THENCE NORTH 88'49'05" WEST 503.22 FEET;
THENCE NORTH 19'30'00" EAST 110.98 FEET;
THENCE NORTH 88°49'05" WEST 1,283.52 FEE T;
THENCE NORTH 01'48'33" EAST, ALONG A LINE PARALLEL WITH THE EAST LINE
OF SAID COX D.L.C., 1,008.50 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR SOUTH
277TH STREET, DESCRIBED AS FOLLOWS:
BEGINNING AT SAID TRUE POINT OF BEGINNING;
THENCE, CONTINUING SOUTH 89'00'01" EAST, 1,617.39 FEET TO A POINT ON A
LINE ESTABLISHED BY BOUNDARY LINE AGREEMENT RECORDED UNDER KING
COUNTY RECORDING NO. 8110150749;
THENCE, ALONG SAID LINE, SOUTH 46'26'33" EAST 103.45 FEET;.
THENCE, ALONG SAID LINE, SOUTH 34'19'49" EAST 60.80 FEET,
THENCE NORTH 79'05'59" WEST 581.27 FEET;
THENCE NORTH 88'59'57" WEST 1,156.72 FEET TO A POINT 20.00 FEET EAST
OF THE EAST RI GHT-OF-WAY MARGIN OF "I" STREET NORTHEAST;
THENCE NORTH 01'48'33" EAST 20.00 FEET TO THE POINT OF BEGINNING OF
THIS EXCEPTION;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
?,Jrb;f 8
AFTER RECORDING, RETURN TO:
Centex Homes Northwest Division
11241 Slater Avenue NE, Suite 100
Kirkland, WA 98033
Attn: Barbara Yarington
Document: Declaration of Annexation of Real Property To Declaration
of Protective Covenants, Conditions And Restrictions For
Trail Run
Grantor/Declarant: Centex Homes, a Nevada general partnership
Grantee: Centex Homes, a Nevada general partnership
Legal Description:
Abbreviated: A portion of the George E. King Donation Land Claim No.
40 in the SW '/4 of the NE '/a and SE '/4 of the NE '/4 of
Section 31, Township 22 N., Range 5 E., W.M., City of
Auburn, King County, Washington
Full: Lots 18 through 51, inclusive, Lots 98 through 113,
inclusive, and Tract H of Trail Run - Division 2, according
to the Plat thereof recorded in Volume _ of Plats, Pages
through , under Recording No.
2008 , records of King. County,
Washington (formerly, Tract 171 of Trail Run - Division 1,
according to the Plat thereof recorded in Volume 244 of
Plats, Pages 7 through 15, under Recording No.
20071204000971, records of King County, Washington)
Tax Parcel No(s).
Related Instruments:
20071204000972 and 20080225002215
ODMATCDOCSTORTLAND\620856\3
DECLARATION OF ANNEXATION OF REAL PROPERTY TO DECLARATION
OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS
FOR TRAIL RUN
This DECLARATION OF ANNEXATION OF REAL PROPERTY TO
DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS
FOR TRAIL RUN (this "Declaration") is made this _ day of 2008, by
CENTEX HOMES, a Nevada general partnership ("Declarant").
Recitals
A. Declarant owns that certain real property located in the City of Auburn, King
County, Washington and legally described as Lots 18 through 51, inclusive, Lot 98 through 113,
inclusive, and Tract H of Trail Run - Division 2, according to the Plat of Trail Run - Division 2
recorded in the records of King County, Washington concurrently herewith in Volume of
Plats, Pages through , under Recording No. 2008 (the "Annexed
Pro e ").
B. Declarant recorded that certain Declaration of Protective Covenants, Conditions
and Restrictions for Trail Run in the records of King County, Washington on December 4, 2007
under Recording No. 20071204000972 (such Declaration, as amended from time to time, being
referred to herein as the "CC&Rs"). Declarant also recorded those certain Amended and
Restated Bylaws of Trail Run Homeowners Association in the records of King County,
Washington on February 25, 2008 under Recording No. 20080225002215 (such Bylaws, as
amended from time to time, being referred to herein as the "Bylaws").
C. Pursuant to Section 12.1 of the CC&Rs, Declarant desires to annex the Annexed
Property to the real property that is subject to the CC&Rs and the Bylaws upon the terms and
conditions contained in this Declaration.
Declaration
NOW, THEREFORE, Declarant hereby declares that the Annexed Property shall be held,
sold and conveyed subject to the following easements, covenants, restrictions and charges that,
subject to the terms of this Declaration, shall run with the land and shall be binding upon all
parties having or acquiring any right, title or interest in the Annexed Property, or any part thereof,
and shall inure to the benefit of each owner thereof.
ARTICLE 1 DEFINITIONS
1.1 Annexed Common Area. "Annexed Common Area" shall mean Tract H, as
shown on the Plat.
:ODMATCDOCSTORTLAND\620856\3
1.2 Annexed Common Maintenance Areas. "Annexed Common Maintenance Areas"
shall mean the real property and Improvements described in Section 2.3 below.
1.3 Annexed Lots. "Annexed Lots" shall mean Lots 18 through 51, inclusive, and
Lots 98 through 113, inclusive, as shown on the Plat.
1.4 Annexed Property. "Annexed Property" shall mean the Annexed Common Area
and the Annexed Lots.
1.5 City. "City" shall mean the City of Auburn, Washington.
1.6 Maintenance Agreement. "Maintenance Agreement" shall mean that certain
Agreement For Maintenance of Open Space and Median executed or to be executed by Declarant
and/or the Association and the City and to be recorded in the records of King County,
Washington. A draft of the Maintenance Agreement is attached as Exhibit C to the CC&Rs. The
final executed version of the Maintenance Agreement, as recorded in the records of King County,
Washington, shall be binding on the Association.
1.7 Plat. "Plat" shall mean the Plat of Trail Run - Division 2 recorded in the records
of King County, Washington concurrently herewith in Volume _ of Plats, Pages _ through
, under Recording No. 2008
1.8 Other Defined Terms. Any other capitalized term used in this Declaration and not
otherwise defined shall have the meaning given to such term in the CC&Rs.
ARTICLE 2 ANNEXATION OF PROPERTY
2.1 Annexation. The Annexed Property is hereby annexed to and made a part of the
Property, and is owned and shall be owned, held, conveyed, hypothecated, encumbered, used,
occupied and improved in perpetuity, subject to the easements, covenants, conditions, restrictions
and charges contained in the CC&Rs and Bylaws, as modified or supplemented by the terms of
this Declaration, and as set forth on the Plat.
2.2 Annexed Common Area. The Annexed Common Area shall form part of the
Common Areas described in the CC&Rs and shall be subject to the easements, covenants,
conditions, restrictions and charges contained in the CC&Rs and Bylaws with regard to the
Common Areas, as modified or supplemented by the terms of this Declaration, and as set forth
on the Plat. Declarant shall convey the Annexed Common Area to the Association, free and
clear of all monetary liens and encumbrances, concurrently with the recordation of the Plat and
this Declaration.
2.3 Annexed Common Maintenance Areas. The Association shall permanently
maintain, repair and replace the following real property and Improvements as necessary, which
shall constitute the Annexed Common Maintenance Areas:
2 ::ODMA\PCDOCS\PORTLAND\620856\3
2.3.1 Tract F, as shown on the Plat, including all landscaping, irrigation systems,
sidewalks and other Improvements located thereon (except for City required street lighting) to be
maintained as a linear park and sidewalk space in accordance with the terms and conditions of
the Maintenance Agreement. Tract F shall be owned by the City and is not otherwise subject to
this Declaration or the CC&Rs except to confirm the Association's responsibility for the
maintenance thereof.
2.3.2 Tract H, as shown on the Plat, including all landscaping, irrigation systems
and other Improvements located thereon, to be maintained as open space in accordance with (i)
the applicable provisions of Chapter 18.69 of the City Zoning Code as in effect immediately prior
to its repeal by City Ordinance 5991; (ii) the terms and conditions of the Maintenance
Agreement; and (iii) the sight distance easement set forth on the Plat and any other easements,
agreements or other documents recorded against Tract H.
2.3.2 Any other portion of the Annexed Property determined by the Board to be
in the best interest of the Association for the Association to maintain.
The Annexed Common Maintenance Areas shall form part of the Common Maintenance
Areas described in the CC&Rs and shall be subject to the easements, covenants, conditions,
restrictions and charges contained in the CC&Rs and Bylaws with regard to the Common
Maintenance Areas, as modified or supplemented by this Declaration.
2.4 Annexed Lots. The Annexed Lots, including all Improvements located thereon,
shall form part of the Single Family Lots described in the CC&Rs and shall be subject to the
easements, covenants, conditions, restrictions and charges contained in the CC&Rs and Bylaws
with regard to the Single Family Lots, as modified or supplemented by this Declaration, and as
set forth on the Plat.
ARTICLE 3 MEMBERSHIP IN ASSOCIATION
The Owners of the Annexed Lots shall become Single Family Class A Members of the
Association and shall be entitled to voting rights in the manner and on the terms set forth in the
CC&Rs and Bylaws.
ARTICLE 4 ASSESSMENTS
4.1 The Annexed Lots shall be subject to assessment in the manner and on the terms
set forth in the CC&Rs and Bylaws. Additionally, the Single Family Lot Owners, including the
Owners of the Annexed Lots, shall be solely responsible for the payment of all expenses
(including reserves) incurred or reserved for by the Association in connection with the
maintenance, repair or replacement of all landscaping and other Improvements located on Tracts
F and H, as shown on the Plat, and no Condominium Association or Condominium Class A
Member shall have any liability or obligation for the payment of such expenses. Such expenses
shall be paid by levying Limited Assessments against the Single Family Lots. The Limited
3 ::ODMA\PCDOCS\PORTLAND\620856\3
Assessments shall be assessed equally among the Single Family Lots. The Board shall have the
sole discretion in determining the amount and allocation of expenses attributable to the
maintenance, repair and replacement of all landscaping and other Improvements on Tracts F and
H and the Board's determination shall be final and conclusive so long as such judgment is
exercised in good faith. The Owners of the Annexed Lots shall also be required to pay Limited
Assessments, along with the other Single Family Lot Owners, for the expenses incurred by the
Association in connection with the maintenance, repair and replacement of all landscaping and
other Improvements located on Tracts I, K, L and M, as shown on the Plat of Trail Run -
Division 1 recorded in the records of King County, Washington in Volume 244 of Plats, Pages 7
through 15, under Recording No. 2007120400971, as more fully described in Section 3.5 of the
CC&Rs.
ARTICLE 5 PROPERTY RIGHTS AND EASEMENTS
5.1 Property Rights. Except as otherwise expressly provided in this Declaration, the
CC&Rs, the Bylaws, the Plat or any easement, agreement or other encumbrance of record, each
Owner of an Annexed Lot shall be entitled to the exclusive use and benefit of his or her Annexed
Lot and, together with all other Lot Owners, the non-exclusive use and benefit of the Annexed
Common Area.
5.2 Private Drainage Easements.
5.2.1 Description of Drainage Easements. The Plat establishes several private
storm drainage easements, which easements are subject to the terms of this Section 5.2. The
following Lots are subject to a private storm drainage easement, as shown on the Plat, for the
benefit of the Lots identified below:
Lot Subject to Easement Benefited Lot(s)
Lot 18 Lots 19 and 20
Lot 19 Lot 20
Lot 22 Lot 21
Lot 23 Lots 21, 22, 24, 25, 26 and 27
Lot 24 Lots 25, 26 and 27
Lot 25 Lots 26 and 27
Lot 26 Lot 27
Lot 29 Lot 28
Lot 30 Lots 28 and 29
Lot 31 Lots 28, 29, 30, 32, 33 and 34
Lot 32 Lots 33 and 34
Lot 33 Lot 34
Lot 35 Lot 36
Lot 38 Lot 37
4 ::ODMA\PCDOCS\PORTLAND\620856\3
Lot Subiect to Easement Benefited Lots
Lot 39 Lots 37, 38, 40, 41 and 42
Lot 40 Lots 41 and 42
Lot 41 Lot 42
Lot 44 Lot 43
Lot 45 Lots 43 and 44
Lot 46 Lots 43, 44, 45, 47 and 48
Lot 47 Lot 48
Lot 50 Lot 49
Lot 51 Lots 49 and 50
Lot 99 Lot 98
Lot 100 Lots 98 and 99
Lot 101 Lots 98, 99, 100, 102 and 103
Lot 102 Lot 103
Lot 105 Lot 104
Lot 106 Lots 104, 105, 107 and 108
Lot 107 Lot 108
Lot 110 Lots 109, 111, 112 and 113
Lot 111 Lots 112 and 113
Lot 112 Lot 113
The foregoing easements are hereinafter referred to individually as a "Drainage Easement" and
collectively as the "Drainage Easements." Each Drainage Easement shall permit the drainage of
storm and surface water runoff over and across the Drainage Easement from those Lot(s)
benefiting from the Drainage Easement, as indicated above. Additionally, the City shall have the
right to convey or store storm and surface water on, over and across the Drainage Easements per
the engineering plans approved for the Plat, together with the right of access to enter the
Drainage Easements for the purpose of observing that the Owners are properly operating and
maintaining the Drainage Facilities (as defined below).
5.2.2 Maintenance of Drainage Easements and Reimbursement of Costs.
Declarant, at its sole cost and expense, shall install the initial drainage facilities in the Drainage
Easements, which may include pipes, swales, channels, ditches, detention ponds and other storm
and surface water drainage facilities (collectively, the "Drainage Facilities"). Subject to the
reimbursement rights set forth herein, each Owner shall be responsible for maintaining, repairing
and replacing the Drainage Facilities that are located within the Drainage Easement on his or her
Lot in a good and workmanlike manner and safe condition as is necessary to comply with all
minimum standards of the City and any other applicable governmental laws, regulations and
ordinances (collectively, "Maintenance Work"). No permanent structure, fill or obstruction shall
be erected or maintained within the Drainage Easements other than the Drainage Facilities and no
Owner shall alter or modify Drainage Facilities located within a Drainage Easement (other than
ordinary Maintenance Work) without the written consent of the Owners of the Lots benefiting
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from the Drainage Easement. Additionally, the Owners of the Drainage Easements shall obtain
any required permits from the City prior to filling, piping, cutting or removing vegetation (except
for routine landscape maintenance, such as lawn mowing) in open vegetated Drainage Facilities
(such as swales, channels, ditches or ponds) contained within the Drainage Easements or
performing any alterations or modifications to the Drainage Facilities contained within the
Drainage Easements. The Owners of the Lots on which the Drainage Easements are located shall
not use the Drainage Easements in any way that may interfere with their use as storm and surface
water storage and drainage areas.
The Owner of the Lot on which each Drainage Easement is located and the
Owners of the Lots benefiting from that Drainage Easement shall share the costs of all
Maintenance Work relating to that Drainage Easement equally. Upon incurring costs for
Maintenance Work, the Owner incurring the cost (the "Maintaining Owner") shall invoice the
other responsible Owners for their respective shares of such costs. The reimbursing Owners shall
reimburse the Maintaining Owner within thirty (30) days of the date of such invoice.
Notwithstanding the foregoing, if any Drainage Facilities are damaged due to the intentional or
negligent act or omission of an Owner or his or her agents, employees, contractors or invitees,
then such Owner shall be solely responsible for the cost of the Maintenance Work. If any Owner
fails to reimburse another Owner as required herein within ten (10) days after written demand for
reimbursement, the amount not so reimbursed shall become an automatic charge and lien against
the Lot owned by the Owner failing to make such reimbursement, which lien may be foreclosed
in the manner provided by applicable law. In addition, such unreimbursed amount shall bear
interest at the rate of twelve percent (12%) per annum from the date of the written demand for
reimbursement. Notwithstanding any of the foregoing, if an Owner of a Lot fails to perform any
Maintenance Work with regard to the Drainage Easement on his or her Lot, then any other
Owner of a Lot benefiting from the Drainage Easement may perform the required Maintenance
Work and obtain reimbursement from the other applicable Owners as described herein, provided
that, except in the case of an emergency where personal injury or property damage is imminent,
the Owner of the Lot on which the Drainage Easement is located is first given written notice of
the alleged deficiency and a reasonable opportunity to cure it.
5.2.3 Conflicts. In the event of any conflict between the terms and conditions of
this Section 5.2 and the terms and conditions of the Plat with respect to the Drainage Easements,
the terms and conditions of this Section 5.2 shall control.
5.3 Other Plat Easements. The Annexed Property shall be subject to all public and
private easements delineated on the Plat, as modified by this Declaration.
ARTICLE 6 TERM AND AMENDMENTS
The covenants and restrictions of this Declaration shall run with and bind the land for a
term corresponding to the term of the CC&Rs. This Declaration may be amended in the same
manner and subject to the same restrictions as set forth in Sections 13.3 and 13.4 of the CC&Rs;
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provided, however, that Sections 2.3.1, 2.3.2 and 5.2 of this Declaration may not be modified,
amended or repealed without the prior written consent of the City.
ARTICLE 7 MISCELLANEOUS PROVISIONS
7.1 Non-Waiver. Failure by the Association or any Owner of an Annexed Lot to
enforce a covenant or restriction contained herein shall not be deemed a waiver of the right to do
so thereafter.
7.2 Construction, Severabili!y. This Declaration and the CC&Rs shall be liberally
construed as one document to effect the annexation of the Annexed Property to the Property.
Nevertheless, each provision of this Declaration and the CC&Rs shall be deemed independent
and severable, and the invalidity or partial invalidity of any provision shall not affect the validity
or enforceability of the remaining part of that or any other provision.
7.3 Run with Land. Subject to Article 6 and Section 7.4, this Declaration and the
easements, covenants, restrictions and charges described herein shall run with the land and shall
be binding on the parties and any person acquiring any right, title, or interest in any portion of the
Annexed Property.
7.4 Termination. This Declaration shall terminate upon the termination of the
CC&Rs in accordance with the terms thereof.
(Remainder of Page Intentionally Left Blank;
Signature Page Follows)
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IN WITNESS WHEREOF, Declarant has executed this Declaration as of the date first set
forth above.
DECLARANT:
STATE OF WASHINGTON
COUNTY OF KING
ss.
CENTEX HOMES, A NEVADA GENERAL
PARTNERSHIP
By: Centex Real Estate Corporation, a
Nevada corporation, its General Partner
By:
Doug Barnes
Division President
I certify that I know or have satisfactory evidence that DOUG BARNES signed this
instrument, on oath stated that he was authorized to execute the instrument and acknowledged it
in his capacity as the Division President of Centex Real Estate Corporation, general partner of
Centex Homes, a Nevada general partnership, to be the free and voluntary act of such partnership
for the uses and purposes mentioned in the instrument.
Dated this day of , 2008.
(Signature)
(Printed Name)
Notary Public in and for the State of
Washington, residing at
My Commission Expires
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