HomeMy WebLinkAbout2844 !
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
4
WASHINGTON, APPROVING THE REVISIONS TO RESOLUTION NO. 2774 TO
5 AMEND THE PRELIMINARY PLAT TO REDUCE THE NUMBER OF SINGLE-
FAMILY LOTS LOCATED EAST OF "W" STREET NW A/ND WEST OF THE
TERMINUS OF 15TH STREET NW, WITHIN THE CITY OF AUBURN,
WASHINGTON.
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WHEREAS, Application No. PLT0002-94R, dated February 14,
9
1997, has been submitted to the City of Auburn, Washington by
10
]! ST CORPORATION, requesting an amendment for the previously
12 approved preliminary plat and surface mining permit for West
Beverly Hills #4; and
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WHEREAS, the amendments include reducing the number of
15
lots from 114 to 102 [single family lots, eliminating the
17 duplex lots and increasing the amount of excavation from
18 100,000 cubic yards to 170,000 cubic yards of material to
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accommodate the construction of the 102 lot residential single
20
family subdivision located east of "W" Street NW and west of
22 the terminus of 15th Street NW, within the City of Auburn,
23 Washington, hereinafter described in Exhibit "A" attached
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Resolution NO. 2844
May 14, 1997
Page 1
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hereto and made a part hereof as though set forth in full
2
herein; and
$
4 WHEREAS, said request above referred to was referred to
5 the Hearing Examiner for study and public hearing thereon; and
W~EREAS, pursuant to staff review, the Hearing Examiner
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conducted a public hearing to consider said petition in the
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Council Chambers of the Auburn City Hall on April 22, 1997 at
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]0 7:00 p.m., at the conclusion of which the Hearing Examiner
] recommended approval of the Preliminary Plat; and
]2 WHEREAS, the City Council considered said petition in the
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Council Chambers of the Auburn City Hall on May 5, 1997 at
15 7:30 p.m., at the conclusion of which the City Council
recommended approval of the amendment to the Preliminary Plat
based upon the following Findings of Fact and Conclusions, to-
wit:
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22 1. The applicant, ST Corporation, has requested
23 ~Lr-~approval of a preliminary plat, conditional use
permit, and surface mining permit that %cculd allowed for
24 the development of a single family/duplex subdivision
consisting of 114 lots_~~. 73 of the lots would
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Resolution No. 2844
May 14, 1997
Page 2
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have been for single family homes and the other 41 lots
2 would have been for duplexes. The proposed revision~
would reduce the number of lots to 102 and the duplex lots
would be eliminated~ _~%~_revisions are due to
4 the applicant performing more detailed engineering for
development of the site. The detailed engineering
5 concluded that in order to provide for a functional lot
and street layout that additional excavation would
6 necessary. It was also determined that due to the
7 topographical limitations that the 114 lots could not bm
~ and therefor the number was red~ced. TheTkc
8 subject property is located easterly of "W" Street NW and
westerly of the terminus of 15th Street NW. Surrounding
9 zoning and land uses in the vicinity include P-i,
10 watershed, to the north; R2/RS, single family, to the
south; C3/M1/R2, vacant/industrial/residential, to the
]1 east; and R2, single family, to the west. The subject
site is designated for single family uses in the
12 Comprehensive Plan.
13
2. The proposal is located within an area that was the site
14 of a previous operating surface mine. Mining activity had
occurred at the site for over 20 years. The mining
15 operation itself was substantially complete in 1990. The
mining site is now in the process of being reclaimed and
developed into a residential neighborhood. There have
17 been two single family subdivisions that have been
completed on the western portion of the mining site.
]8
19 3. There is a substantial amount of history associated with
the property. It has been subject to a number of
20 approvals and renewals of mining permits. It has also
been subject to a number of approvals regarding subsequent
21 land uses of the mining site. In 1981, the City approved a
22 conditional use permit that allowed for the construction
of 433 multi-family units on the site. The multi-family
23 units would have been constructed subsequent to the mining
being completed.
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Resolution No. 2844
May 14, 1997
Page 3
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Since the mining had not been completed as anticipated,
2 the City, in 1986, renewed the mining permit and approved
another conditional use permit that allowed for 308
multifamily units. In 1988, a revised conditional use
4 permit that allowed for 302 multifamily units was also
approved by the City.
5
4. The 1988 conditional use permit was conditioned such that
it expired 18 months after the completion of mining of the
site. The mining permit expired in 1990. The 18 month
7
period then expired and the City took the p~sition that
8 conditional use permit had become void in that the
requirements of the conditional use permit were not
9 fulfilled.
!0
5. In 1993, the applicant appealed, to the Hearing Examiner,
!! the City Planning Director's decision that the conditional
use permit was null and void as well as contested the
12 Director's decision to require another mining permit to
accommodate the excavation of material needed for the
latest multi-family project.
!4
6. The Hearing Examiner upheld the Planning Director's
!5 decisions. The Examiner's decision was then appealed to
the City Council. The City Council upheld the Examiner's
decision. The case files associated with the appeals are
!7 MIS0004-93 and MIS0009-93.
18 7. In 1993, the applicant filed a ~PETITION FOR WRIT OF
!9 REVIEW AND COMPLAINT FOR DECLARATORY JUDGMENT AND DAMAGES"
in the Superior Court of Washington for King County, where
20 it has since been pending.
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8. Since the filing of the writ, the City and the applicant
22 have been working on a resolution that would avoid the
case going to trial. This was recently accomplished by the
execution of a settlement agreement.
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9. The settlement agreement contains provisions that the City
25 would support a project, not related to the legal action,
Resolution No. 2844
May 14, 1997
Page 4
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that consists of a preliminary plat of 114 lots. 73 of
9. the lots would be for single family homes and the other 41
lots would be for duplexes for a total development of 155
3 units. The new project is about one half the size of the
4 previously approved project that is subject to the legal
action. The City would also allow for some modifications
5 to the platting standards as well as expedite the review
and approval of the project. The modifications are
6 discussed further in the staff report.
7
10. The preliminary plat as GD_w__r~zi~prcpssed · consists of
8 102{-i~ lots. Al175 _ of the lots would be for single
family homes ~-~ ~- ~- ~ ~ ~ ......... ~ ~-
............... m ............ u~ito. Lots
10 ...... ' ........... rC ...... ~ ......................
........................... ~ .... f~t and
13 ~quarc foot.
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lk~. The plat will be provided access by a major arterial that
19 will connect the valley floor with the west hill of
Auburn. The arterial has been planned and approved for
20 this project since 1981. It is also illustrated on the
City' s Arterial Street Plan. The arterial will provide
21
for a much needed east/west connection to the west hill
22 area and to Federal Way. The previous minin~ permits,
that were approved, re~ired the excavation necessary to
23 create the arterial. The actual excavation for the
arterial has occurred and is near final Grade. What is
24
left to be completed is the necessary pavinG, sidewalks,
25 utilities, etc.
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Resolution No. 2844
May 14, 1997
Page 5
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2 12e. The City and the applicant have, as part of the
settlement agreement, agreed as to what the applicant's
responsibility will be with regard to the construction of
4 the arterial. The applicant will dedicate a 60 foot wide
right of way. The applicant will construct the arterial
5 and provide a 36 foot pavement width, a shoulder or
pedestrian walkway, a closed storm drainage system, and 16
street lights. These improvements are adequate for the
? proposed development and initial use of the arterial The
exact standards are contained within the settlement
8 agreement. The agreement to have the applicant construct
the arterial was a major factor in the City's willingness
9 to consider modifications to some of the development
]0 standards.
11 1~. A traffic study, that was done in 1988 for the 302 unit
multi-family project, indicated that project would
]2 generate 1,840 daily vehicle trips and that approximately
13 6,775 daily vehicle trips would result when the arterial
is open to through traffic. A 1994 traffic study for the
14 existing proposal of 155 units indicate that project would
generate 1,208 daily vehicle trips. The study did not
15 update the projection on how much through traffic would
use the arterial when open. Off site improvements,
required by previous approvals, have been accomplished.
17 These included improvements to South 316th Street and the
requirement of a signalized intersection at West Valley
Highway and 15th Street NW. Since the current proposal is
19 less than previous approvals, no additional off site
traffic improvements are required.
2O
1~. The lots will be provided access by two residential
streets that will intersect with the arterial. The
22 residential streets will be built to a modified City
standard as part of the settlement agreement. The
23 difference is that the applicant will provide a 28 foot
wide pavement section in lieu of a required 34 foot wide
pavement section. A 50 foot wide right of way will still
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Resolution NO. 2844
May 14, 1997
Page 6
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be dedicated which is a standard width of a City
9. residential street.
3 156. As part of the settlement agreement, the applicant will
4 dedicate 1.89 acres of park land. The requirements of the
City's Park Plan would require about 2.8 acres. The 1.89
5 acres will be located next to a watershed that is owned by
the City which, if desired, a portion of that could be
6 used as park.
7
~- ~--~ ~"" ~" ~- ~-~" .......... ~ ~" requires all
16
1~. Other modifications, not part of the settlement
17 agreement, are also bein9 proposed. These have to do with
the construction of the two interior residential streets,
18 62nd and 63rd. The modifications will allow for a less
19 than standard curvature, distance between intersections,
and pedestrian accesses. The primary reason these
20 modifications are needed is that the excavation, that was
done as part of the previous mining activity, created
21 buildin9 areas that were planned and appropriate for
22 multi-family development. The multi-family development
would have been served by private driveways which are
23 subject to a lesser standard than a subdivision.
Subdivisions t~ically require dedicated public streets
24
with 50 foot wide rights of way. The buildln~ areas that
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Resolution No. 2844
May 14, 1997
Page 7
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were left are too narrow to fully accommodate a standard
2 subdivision.
11~. Pursuant to Chapter 17.18 of the Land Division Ordinance,
4 modifications to the standards of the Land Division
Ordinance may be approved. The modifications must be due
5 to special circumstances of the property, a reasonable use
of the property would not otherwise occur, the
modification would not be a detriment to the neighborhood
7 or be inconsistent with the Comprehensive Plan or Zoning
Ordinance.
8
The existing grading on the site has been established
9 based upon prior approved grading plans that date back to
]0 1980. These grading plans were approved prior to the
existing Comprehensive Plan, Zoning Ordinance, or Land
]! Division Ordinance. The prior grading plans were also
approved based upon a multi-family development and not a
12 platted single family/duplex development which requires
different standards. Even if the settlement agreement
were not in the picture, modifications would be necessary
14 for the current proposal. Therefor, the modifications are
appropriate in that there are special circumstances
15 associated with the development, the project is less than
half the size of the original approval, and reducing the
size of the project further would not be reasonable given
]7 the amount of public improvements that are required, the
single family homes and duplexes would not be a detriment
18 to the neighborhood, and there is no evidence that the
Comprehensive Plan would be affected. Additional
description and justifications for the modifications are
20 found within a document entitled ~Request for
Modifications of Subdivision Standards for the Plat of
2]
West Beverly Hill Number 4, Auburn, Washington", prepared
22 by Guy Spencer and dated July 26, 1996.
23 1820. According to a geotechnical report prepared by
Golder and Associates, Inc., in April 1992, the 55.58-acre
24 site can generally be characterized topographically into
25 upper and lower areas separated by relatively flat
Resolution No. 2844
May 14, 1997
Page 8
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benches. The upper west portion of the site slopes to the
2 east at about 2H:lV (horizontal to vertical), with some
areas as steep as iH to iV slope. This slope flattens
about 130 feet to the east to about 5H to 6H:iV slope.
4 These gradual slopes continue to the east until they
become steeper (1.5H:lV) towards the eastern property
5 boundary.
The geotechnical report, and the March 25, 1994
7 supplement, evaluate and provide preliminary
recommendations about soil suitability for foundations,
8 grading, slope stability, and storm drainage
considerations. The geotechnical study concluded that the
9 site's soils are suitable for the proposed development if
]0 all of the study's recommendations regarding slope
stability, foundation placement, slab on-grade, structural
11 fill and drainage are implemented.
12 Isolated deposits of fill material were also encountered
13 during field explorations in several areas of the site.
The fill generally consisted of loose sands mixed with
14 wood and concrete debris. It was recognized that yet
undiscovered areas of fill material may also exist. The
]5 report identifies that the site's loose fill is not
suitable for support of buildings, and removal of the fill
and replacement with structural fill is required to
17 support shallow conventional spread footings.
]8 The report recommends that all permanent fill slopes be
19 properly compacted and left at inclinations of 2H:iV or
flatter. All slopes of native soils may be left at 1H:lV
20 or flatter. Some steeper slopes are suitable; however,
shallow sloughing, increased erosion and vegetative
2! maintenance are likely. Drainage benches should be
22 provided for every 50 feet of elevation gain.
The geotechnical report also recommends the buildings be
setback from iV:iH slopes; 15 feet in the case of slopes
up to 30 feet in height and setback 30 feet for slopes
25 between 30 and 60 feet in height. Other setback
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Resolution No. 2844
May 14, 1997
Page 9
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recommendations are also identified based upon slope
angle. It is also recommended that the discharge of
surface water over slopes be managed on a temporary and
permanent basis to prevent erosion and slope damage.
4
Additional geotechnical investigation is also recommended
5 for the construction of the project's stormwater detention
facility by the report: "Conceptual Drainage Report West
Beverly Hills No. 4" prepared by Dodds Engineers, Inc.,
7 May 1996. Due to the location of the detention facility
on top of a 60-foot high slope, additional investigation
8 is necessary to ensure the compatibility of the proposed
storm drainage facility and the site's soil conditions.
9
Given the site's soil characteristics, steep slopes and
10
the proposal's intent to undertake substantial site
]] regrading, there remains a potential for erosion and
sedimentation impacts. Appropriate measures shall be
]2 taken to ensure that proposed filling, grading and
construction operations do not result in erosion and
sedimentation impacts on the site's neighbors or the
14 area's surface water conveyance system. An erosion and
sedimentation control plan will be prepared and required
15 to meet City standards prior to approval.
19~-~. Surface water from the majority of the proposed
17 plat's roads, driveways, rooftops, and residential yards
will be collected via catch basins and routed through an
]8 underground pipe and directed to a enhanced detention pond
19 or underground detention vault east of the project site.
The detention pond presently exists off-site within the
20 commercially-zoned plat of West Beverly Hills Division 3.
Under the proposal, this pond would be enlarged or an
appropriately-sized underground detention vault would be
22 provided to accommodate the increased volume of runoff.
Due to the proposed detention facilities location on a
23 slope, additional geotechnical evaluation will be
required. This detention facility would outlet to an 18-
24 inch pipe within 15th Street NW and the storm water is
25 conveyed 1,300 feet to the east where it outlets to an
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Resolution NO. 2844
May 14, 1997
Page 10
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open channel on the east side of West Valley Highway. The
2 open channel continues east approximately 700 feet at
which point is discharges into Mill Creek.
4 Stormwater runoff from a small portion of the site, near
the southeast corner would be directed to the site's other
5 off-site discharge. Stormwater from this portion of the
site will flow to an 18-inch storm drainage line which
continues off-site and continues through the adjacent plat
7 of Vistara (formerly, Sunning Hills). This conveyance
directs flow through improved rights-of-way easterly to
8 ultimately discharge to Mill Creek.
9 2~. The project will be required to extend 8-inch public
10 water lines on-site to meet the fire flow demands of the
proposed development. The water lines must be looped to
1! increase reliability of flow and water quality.
12 The project will be provided water from the Lakehaven
Water and Sewer District. The project proponent has
provided the City with a certificate of water availability
14 from the Federal Way Water and Sewer District
(subsequently changed to Lakehaven Water and Sewer).
]5 According to an existing agreement between the City and
the utility district, the site is divided between
previously agreed upon service areas. However, it is
]7 preferential from a construction and operation perspective
to not have the project's water lines divided between
!8
jurisdictions.
19
2~. The proposed plat will connect into an existing sewer
20 system that has adequate capacity to serve the project.
2~. Previous approvals, of both mining and conditional use
permits (Ordinances Nos. 4113 and 4309), required the
retention of some vegetation areas. These are areas that
were either too steep to excavate or were required to
buffer adjacent uses as well as to mitigate for the loss
24
of vegetation that had covered the entire mining site.
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Resolution No. 2844
May 14, 1997.
Page 11
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Any future approvals should be consistent with the
2 previous commitments.
2~6. The case files, associated with the appeals of previous
7 projects, IMIS0004-93 and MIS0009-931, the previous plat
and Environmental files (PLT0002-94 and SEP0008-94R). and
8 the case file and environmental file of the subject
ppli
a cation~ PLT0002-94R and SEP0012-97(
............. are hereby incorporated by reference and
10 made part of the record of this hearing.
]! 2~. Comprehensive Plan related goals, policies and
objectives:
12
15 GOAL 7. RESIDENTIAL DEVELOPMENT
To emphasize housing development at single family densities,
]4 in order to reestablish a mix of housing types appropriate for
a family oriented community, while recognizing the need and
15 desire for both rural density and moderate density housing
16 appropriately located to meet the housing needs of all members
of the community.
]7
Objective 7.1. To establish a system of residential densities
18 which accommodates a range of housing choices appropriate for
]9 the city.
20 LU-16 In applying the land use designations of the
21 Comprehensive Plan, first consideration shall be given to
designating an area for single family residential use.
22
LU-18 Residential development should be related to
23 topography, circulation, and other amenities, as guided
24 by policies of this Plan.
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Resolution No. 2844
May 14, 1997
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LU-21 The development of residential areas should
2 recognize the importance of community and public
facilities in developing a sense of neighborhood and
$ community.
4
LU-23 Emphasis shall be placed upon the manner in which
5 the recreational needs of the residents shall be met in
the approval of any residential development.
7 LU-25 Areas abutting major arterials should be carefully
planned to avoid potential conflict between the
8 development of the arterial and single family uses.
Single family uses in such areas should be platted in a
9
manner which orients the units away from the arterial,
10 however, non-motorized access between the residential
area and the arterial should be provided. Where such
1! orientation is not possible, a transition area should be
zoned for moderate density uses. In areas with existing
12 single family developments, substantial flexibility can
13 be permitted for street front buffering.
14 LU-26 Development design should utilize and preserve
natural features, including, but not limited to,
]5
topography and stands of trees, to separate incompatible
16 land uses and densities.
17 LU-27 Development design should use open spaces, including
parks, to separate incompatible uses.
19 LU-28 Development codes shall be modified to allow the
City to require that landscaped buffers, natural area
20 preservation or other measures are utilized to separate
2] new residential developments from incompatible uses and
major streets. These buffers should permit access
22 between the residential area and the major street by
pedestrians and bicyclists.
~ - ~"~ ~ ....... ~--~ family --
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Resolution No. 2844
May 14, 1997
Page 13
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4 ....... ~ .............. ~ ............ ~ ............ dan~ity
6
7 GOAL 16 TRANSPORTATION SYSTEM
Auburn will plan, expand, and improve its transportation
8 system in cooperation and coordination with adjacent and
regional jurisdictions to ensure concurrency compliance with
the Growth Management Act, and to provide a safe and efficient
multimodal system that meets the community needs and
]0
facilitates the land use plan.
]]
TR-13An efficient collector system seeks to spread the
12 opportunity for movement over alternative routes rather
13 than directing traffic to a few collectors. Also, ample
alternatives should exist for emergency vehicles to
14 access areas (in case of a blockage on a street) and to
facilitate movement of police patrols. All developed
]5 areas shall be served by at least two accesses.
]~ A. Access in new development:
17 1. Cul-de-sacs (or other streets, public or private,
that provide only one outlet to the collector system)
18 shall not be more than 600 feet long, unless the added
19 length is caused by environmental constraints or
parcelization issues. Examples of environmental
20 constraints or development patterns may include, but
not be limited to, a narrow peninsula of land or a
21 site surrounded by existing development with no
22 alternative access. Non-motorized paths shall be
provided (when the City determines it to be
23 necessary), at the end of the cul-de-sac to shorten
walking distances to an adjacent arterial or public
24 facilities including, but not limited to, schools or
25 parks.
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Resolution No. 2844
May 14, 1997
Page 14
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2 2. Residential developments with fewer than 75 units
and under a common management (apartment complexes and
$ mobile home courts) may limit general access to one
route, provided that additional access routes are made
4
available for emergency vehicles.
5
B. Access to existing areas:
1. Existing dead end streets should be linked to
7 other streets whenever the opportunity arises, unless
8 it can be demonstrated that such connections would
lead to a substantial rerouting of through traffic
9 onto the street. Such dead-end streets shall not be
allowed to serve substantial new development unless
]0 linked to other streets. Where such linkage would
substantially reroute through traffic onto the street,
the new development may be denied.
]2
Objective 16.4. To accommodate through-traffic in the City
as efficiently as possible, with a minimum of disruption to
14 the local community.
PR-2 New developments shall contribute to the development of
new parks at a level commensurate with their share of new
facility needs as established by the Park and Recreation
17 Plan. If the City determines that the development does
not contain an acceptable park site, the City shall
18 require the payment of cash in lieu of land. The funds
shall be used to acquire land and/or develop recreational
19 facilities at a location deemed appropriate by the City.
20 Criteria for site acceptability and appropriateness shall
be environmental limitations, accessibility, maintenance
21 costs, consistency with the Parks and Recreation Plan and
the ability to meet more of the Community's recreational
22
needs by the coordinated development of parks located
25 elsewhere.
24 PR-4 The City shall evaluate the impacts of new development on
parks and recreational resources through the SEPA
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Resolution No. 2844
May 14, 1997
Page 15
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environmental review process, and shall take appropriate
2 steps to mitigate significant adverse impacts.
3 PR-7 The City shall seek to retain as open space those areas
4 having a unique combination of open space values,
including: separation or buffering between incompatible
5 land uses; visual delineation of the City or a distinct
area or neighborhood of the City; unusually productive
6 wildlife habitat; wetlands; floodwater or stormwater
7 storage; stormwater purification; recreational value;
historic or cultural value; aesthetic 'value; and
$ educational value.
9 PR-8 The City shall seek to retain as open space areas where
10 the soils have been identified as having severe or very
severe erosion potential, landslide hazard or seismic
! hazard.
..................... llcar~n~ ............ ~ ............. ~, the
.............. , ................... ~o~c~r~l~ .... rc~ova£
....... ~CS~..~ thc ........ ~ ~ thc ---~ .... '
~ ........... ~ ....... S attcrncy.
16
17 CONCLUSIONS OF LAW
18
19 1. The preliminary plat should be approved, if properly
conditioned, in that it is consistent with the applicable
20 criteria to approve a preliminary plat as set forth
Section 17.06.070 of the Land Division Ordinance.
21
22 2. Adequate provisions are made for the public health,
safety and general welfare and for open spaces, drainage
23 ways, streets, alleys, other public ways, water supplies,
sanitary wastes, parks, playgrounds and sites for schools
24 and school grounds.
25
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Resolution No. 2844
May 14, 1997
Page 16
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Even with the settlement agreement, which allows for
2 reduced standards, the proposed plat does not jeopardize
the public health, safety and general welfare of the
public. Adequate streets, utilities, parks and open space
4 are being provided for. Since the project density is less
than half the size of the original it will have a lesser
5 affect upon the schools than what they have been
anticipating since 1981.
7 3. Conformance of the proposed subdivision to the general
purposes of the Comprehensive Plan.
8
The proposal is consistent with the purposes and intent
9 of the goals, policies and objectives of the Comprehensive
10 Plan as are enumerated in finding of fact #2~.
]! 4. Conformance of the proposed subdivision to the general
purposes of any other applicable policies or plans which
12 have been adopted by the City Council.
The proposal is consistent with all applicable plans and
14 policies of the City. The plat provides for all public
health, life and safety requirements~
15
5. Conformance of the proposed subdivision to the general
purposes of the Land Division Ordinance as enumerated in
]7 Section 17.02.030.
18
The plat is consistent with the purposes of the Land
Division Ordinance in that the plat promotes convenient
travel on public streets, promotes the effective use of
20 land, provides for proper utilities and parks, provides
proper ingress and egress, provides adequate housing and is
2!
consistent with the Comprehensive Plan.
22
6. Conformance of the proposed subdivision to the Auburn
23 Zoning Ordinance and any other applicable planning or
24 engineering standards and specifications as adopted by the
City.
25
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Resolution No. 2844
May 14, 1997
Page 17
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The proposal is consistent with the Zoning Ordinance and
2 with the City's Engineering standards with regard to
streets and utilities.
$
4 7. The potential environmental impacts of the proposed
subdivision are mitigated such that the preliminary plat
5 will not have an unacceptable adverse effect upon the
quality of the environment.
7 Over the years this site has received a significant amount
of environmental review including the preparation of
8 previous Environmental Impact Statements. Each proposal,
subsequent to the issuance of the original EIS, has also
9 gone through additional environmental review and analysis.
10 3my adverse impacts have been addressed and appropriately
mitigated as part of the plat approval.
!1
~ .............. 0
14 ...........
15 For each of the above reasons, the recommendation of the
]6
Hearing Examiner to the Auburn City Council on this
]7
application for an amendment to Resolution No. 2774 is
18
19 approved and affirmed.
20 NOW, THEREFORE, THE CITY COU'NCIL OF THE CITY OF AUBURN,
21
WASHINGTON, DO ORDAIN AS FOLLOWS:
22
~ The above cited Hearing Examiner's Findings
23
24 of Fact and Conclusions, are herewith approved and
25 incorporated in this Resolution.
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Resolution No. 2844
May 14, 1997
Page 18
i
~ The Preliminary Plat of a 102-lot single-
family subdivision located east of "W" Street NW and west of
4 the terminus of 15th Street NW, and legally described on
5 attached Exhibit "A" is hereby approved subject to the
6 following conditions:
7
CONDITIONS:
8
9 1. The modifications to the Land Division Ordinance standards
]0 are approved. The modifications include items 1-7 that are
contained within the document entitled "Request for
1] Modifications of Subdivision Standards for the Plat of West
Beverly Hill Number 4, Auburn, Washington", prepared by Guy
12 Spencer and dated July 26, 1996.
2. A. The applicant shall dedicate to the City of Auburn the
14 arterial street, identified as Terrace Drive, as
illustrated on the preliminary plat drawings, sheet 1 of
15 11~-~, ~%L~D~date~ January 1225-2_~ as prepared
by Barahausen Consultina Engineers ~- ~-~ ....
and entitled "West Beverly Hill No. 4, E~-~Preliminary
17 Plat".
18
B. The arterial street shall be dedicated from the
19 existing terminus of Terrace Drive, at the west property
boundary, to the existing terminus of 15th Street NW at the
20 east property boundary of subject plat. The width of the
right of way to be dedicated shall be 60 feet except at the
21
northeast corner of the subject property where the width is
22 reduced as illustrated on the aforementioned preliminary
plat. The City shall dedicate the balance needed for the
23 60 foot right of way.
24
C. The applicant shall construct Terrace Drive. The
25 pavement width of the arterial shall be 36 feet. The
26
Resolution No. 2844
May 14, 1997
Page 19
!
arterial shall be constructed with 3 inches of asphalt
2 concrete over a 4 inch base course, with an 8 inch subbase
where needed and determined by the City Engineer. There
shall be City standard concrete curb and gutter, on one
4 side of the arterial. On the other side shall be a gravel
shoulder/pedestrian facility. An underground storm
5 drainage conveyance system shall also be provided. The
details of this construction is also illustrated as Exhibit
1 and iA of the settlement agreement.
7
D. At the intersections with each of the two' residential
8 streets, 62nd and 63rd, there shall be provided turn out
access. The design and construction of each of these
9 intersections, including sight distance issues, shall be
10 approved by the City Engineer.
11 E. The applicant shall provide traffic buttons and/or
stripe, i.e., paint, and sign the arterial as determined by
the City Engineer.
13
F. A total of 16 standard City street lights shall be
provided. The lights will be provided along the arterial
from a point east of the northeast corner of lot 58 uphill
]5 to the existing terminus of Terrace Drive. The exact
16 location of the lights shall be determined by the City
Engineer.
3. A. The applicant shall dedicate and construct the two
]8 residential streets, 62nd and 63rd, as illustrated on the
19 aforementioned preliminary plat drawing. The width of the
right of way shall be 50 feet. The width of the pavement
20 to be provided is 28 feet.
21
B. The parking shall be allowed only on one side of the
22 street as determined by the City Engineer. The street side
yielding the greatest number of legal parking spaces shall
23 be designated unless, in the opinion of the City Engineer,
24 safety or traffic flow considerations dictate otherwise.
The applicant shall be responsible for erecting ~no
25 parking" signs as instructed by the City Engineer.
26
Resolution No. 2844
May 14, 1997
Page 20
!
2 C. The number of parking spaces, as required by Chapter
18.52 of the Zoning Ordinance, shall be supplemented by
providing additional paved parking on each lot such that a
4 minimum of four parking spaces will be provided for each
dwelling unit on each lot. The additional paved parking
5 spaces may occur within the front yard setback.
D. The preliminary plat drawings illustrate a cross
7 section for 62nd and 63rd streets that indicate a 5.5 foot
wide planter area between the curb and sidewalk. If
8 feasible, the planter area shall be moved to the property
side of the sidewalk and be planted with deciduous trees, 1
9 and 1/2 inches in caliper, and spaced an average of 30 feet
10 apart. The other side of the street shall have the planter
area adjacent to the curb and planted as previously
described. The Planning Director shall approve of the type
of deciduous trees. The trees shall be planted prior to
12 final plat approval or a bond, or similar financial
13 security, posted, on a lot by lot basis, at the time of
applying for a building permit. The amount of the bond is
!4 only for the trees adjacent to each lot and the trees must
be planted prior to occupancy of a dwelling unit on the
!5 lot. The applicant shall, however, post one maintenance
bond for all the site's trees in accordance with Section
18.50.060(F) of the Zoning Ordinance. The bond shall be
!7 posted prior to occupancy of any dwelling unit.
18 The Planning Director shall approve of the type of
19 deciduous trees. The trees shall be planted prior to final
plat approval or a bond posted to allow construction of the
20 homes prior to planting of the trees.
4. The recommendations of the geotechnical report
22 "Geotechnical Engineering Study Nakiska Apartments"
prepared by Golder Associates, Inc., April 24, 1992 and as
23 supplemented on March 1994 and/or other subsequent site
specific soils or geotechnical reports shall be
24
incorporated into mining, grading and other appropriate
25 construction plans, as determined by the Public Works
Resolution No. 2844
May 14, 1997
Page 21
!
Director. Specific recommendations of the report include:
2 observance of minimum 15-foot building setbacks from slopes
greater than 2H:IV (Horizontal to vertical) and 30 feet
from slopes steeper than 1.5H:iV., and the preparation of
4 individual lot specific geotechnical evaluations to
determine building setbacks, site preparation, and building
5 foundation support alternatives.
5. A. The March 25, 1994 supplement to the geotechnical
7 report prepared by Golder Associates, acknowledged that
slopes above Terrace Drive will experience surface
8 sloughing failures in the future. Therefor, as part of the
design submittal, for the construction plans of the Terrace
9 Drive Arterial, the applicant shall provide a geotechnical
evaluation of all soils on both shoulders of the arterial
where final slopes will exceed 1:1. The following shall be
1] provided:
1. A soils report indicating variations in existing soil
material and the presence of ground water including
springs that may influence slope drainage and stability.
2. Specific guidance on unsuitable materials that require
removal prior to placement of any fill slopes, the types
]5 of select fill and compaction specifications to assure
stability and the management of subsurface flows.
3. Detailed construction sequencing plan that protects
slopes from erosion during and after construction, with
sufficient measures to allow maturation of the
vegetation.
19 4. These plans and specifications shall be stamped by a
geotechnical engineer licensed in the State of
20 Washington.
2!
B. Prior to construction of the arterial street, Terrace
22 Drive, the applicant shall engage the services of the
geotechnical engineer that provided the supporting
geotechnical information for the arterial street
construction plans. This geotechnical engineer shall be
responsible to ~erform the quality control construction
25 inspection and management. At the conclusion of
Resolution No. 2844
May 14, 1997
Page 22
!
construction, of the arterial, the geotechnical engineer
2 shall stamp the record construction plans, prior to
dedication of the arterial to the City. Prior to beginning
construction of the arterial, the City Engineer shall
4 receive confirmation, from the applicant, that the
geotechnical engineer is under contract and the scope of
5 work is reflective of this condition.
C. Prior to dedication of the public streets, including
7 the arterial and 62nd and 63rd, the applicant will provide,
to the City, a maintenance bond for a periOd to extend
8 through two years including at least two consecutive
winter/spring seasons. The amount of the bond and the
9 determination of justification of a possible early release
will be made by the City Engineer. The purpose of the bond
is to assure that any finished slopes, 2H to iV or steeper,
11 will remain stable and not impact the public streets.
12 D. Prior to issuance of the plat grading permit, the
13 applicant shall establish an open space protection and
restoration bond, naming the City, in the amount to be
determined by the City Engineer. The purpose of the bond
is to assure that any erosion disturbances or impacts that
15
may result from the open space tract, that abuts lots 28-
51~--~ shown on sheet 1 of 11-~, the Preliminary Plat
Plan, prepared by Barqhausen Consulting Dc~ds Engineer~in~
Inc. dated 3-25-97 (revised)January~,~ ~n~, will be
remedied. This bond will be maintained for a period of two
]8
years after final plat approval. The bonding period will
19 include at least two consecutive growing seasons and two
consecutive winter/spring seasons. It is understood that
20 during construction of the plat and associated
infrastructure, it is the proponent's duty to prevent down-
slope impacts to public or private properties. The City
22 Engineer may execute the bond at any time if the proponent
or their representatives fail to maintain the area free of
impacts.
24
6. As recommended by the report: "Conceptual Drainage Report
25 West Beverly Hill No. 4" prepared by Dodds Engineers, Inc.,
Resolution No. 2844
May 14, 1997
Pa~e 23
!
dated May 1996, additional geotechnical and structural
2 evaluation is required for the construction of the
project's storm water detention system. As the detention
is proposed to be located at the top of a sixty foot high
4 steep slope, the additional geotechnical analysis shall
evaluate the saturated soil strength of the slope and the
5 stability in relation to the design and construction of the
storm system to ensure proper functioning and safety. The
analysis shall be submitted for review and approval by the
? City Engineer prior to issuance of any construction
permits.
8
7. The proposed development cuts into a hillside intercepting
9 existing surface and subsurface drainage patterns.
10 MDasures to address these flows shall be incorporated into
the site storm drainage system design and shown on approved
11 construction plans as directed by the City Engineer.
]2 8. Prior to issuance of any permits which allow excavation
13 activities, a temporary grading, drainage, erosion and
sedimentation control plan is required to be approved by
14 the City Engineer. This plan shall show quantities and
locations of excavations, and embankments, the design of
15
storm drainage retention/detention system, and methods of
preventing drainage, erosion and sedimentation from
impacting adjacent properties, natural and public storm
]7 drainage systems. The measures shall be implemented prior
to beginning on-site filling, grading or construction
18 activities. In addition, the plan shall include a
19 construction sequence element which clearly identifies the
timing and methodology required to:
2O
· Contain areas of active earthwork to prevent uncontrolled
discharge of storm water,
22 · Minimize the extent and time soils are exposed on-site;
and,
23
· Address seasonal variations in weather conditions (the
24 period of greatest concern is October 1 through April 1).
25
Resolution No. 2844
May 14, 1997
Page 24
!
All temporary storm drainage facilities shall be designed
2 to accommodate the 24-hour, 25-year post-developed storm
event. Temporary detention systems shall be limited to a
5-year pre-developed release rate as previously determined
to be 2.51 cubic feet per second (CFS).
4
5 9. The project's increased runoff volume will be required to
be managed through provision of an on-site detention system
6 with a controlled release off-site to the City storm
7 drainage system. The detention system should be designed
using a hydrograph method of calculation for this project.
8 The detention shall be designed to reduce peak 25-year
post-development flow rates to the 5-year pre-development
9 rate as previously determined to be 2.51 cubic feet per
]0 second (CFS). Tightline overflow for the 100-year post-
developed flow shall be provided to the 15th Street NW
1! storm system. The detention shall be defined as the active
storage available a minimum of one foot (1') above the
12 seasonal high groundwater line except that if seasonal high
13 groundwater levels are controlled by perimeter drains, the
detention shall be defined as the active storage available
]4 above the elevation at which seasonal high groundwater is
controlled. In such case, the discharge from the detention
15 facility shall be defined as the discharge from the
perimeter drains plus the discharge from the detention pond
to the 5-year predevelopment rate as previously determined
17 to be 2.51 cubic feet per second (CFS). No individual
residential drywells are allowed. The detention facility
18 shall be located as proposed in the ~_%L~Preliminary
19 ~j%Eitc Plan West Beverly Hill No. 4, Sheet 1 of
prepared by ]~ll~l~u~l_Dcdds Engineeraing, Inc., and dated
20 - - ' January 1995.
Water quantity control of storm water from the improved
22 streets shall be incorporated into the drainage systems as
proposed within the drainage report entitled Conceptual
23 Drainage Report West Beverly Hill No. 4, prepared by Dodds
Engineering, dated May 1996.
24
25
26
Resolution No. 2844
May 14, 1997
Page 25
!
The conveyance system shall be designed per the
2 methodologies described in the Conceptual Drainage Report
West Beverly Hill No. 4, prepared by Dodds Engineering,
dated May, 1996. All conveyance shall be designed for the
4 100-year post-developed flow, with appropriate energy
dissipation.
5
10~ Coinciding with submittal of plans for the project's
temporary erosion control facilities, the applicant shall
7 submit documentation outlining proposed pollution
prevention and stormwater treatment Best Management
8 Practices (BMP's) to the City Public Works Department for
review and approval. Temporary erosion design and
§ construction shall be in accordance with criteria outlined
in the Washington State Department of Ecology Stormwater
Management Manual for the Puget Sound Basin (1992).
11
11. Storm drainage facilities shall incorporate high
standards of design to enhance the appearance of the site
13 and surrounding area. Wherever possible, public stormwater
facilities should be designed to preclude the need for
security fencing.
]5 12. If the project's storm drainage facilities will remain in
private ownership, at the time plans are submitted for the
project's permanent storm drainage facilities, an operation
and maintenance schedule for all storm water facilities and
the implementation of BMPs, including the responsible
]8 party, shall be provided. Approval of the schedule is
19 required prior to issuance of building permits. Pollution
prevention BMPs shall be in accordance with criteria
20 outlined in the Washington State Department of Ecology
Storm water Management Manual for the Puget Sound Basin
21 (1992).
22
13. The Contractor shall be required to water the site, as
23 necessary, to reduce the dust emissions as a result of
construction activity. The Contractor shall also sweep all
24
affected public roads as necessary, to remove mud/dirt
25 deposited as a result of project construction activity.
26
Resolution No. 2844
May 14, 1997
Page 26
1
These actions will be governed and directed by the Building
2 Official.
14. The project will be required to extend 8-1nch public
4 water lines on-site to meet the fire flow demands of the
proposed development. The water lines must be looped to
5 increase reliability of flow and water quality. Where dead
end lines cannot be avoided, a hydrant or blow off must be
6 provided at the end of the line.
7
..... by City
12
...... on t~
14 ~ = ..... ~--~ by ~ ~ .... ~ ....... ~
20 --- ~- '~ .... ~- may ~- up i f
22
26
.......................
Resolution No, 2844
May 14, 1997
1
~ ~'- of ~^ ~ .... that pla
8
15~. ?he applieant shall dedicate 1.89 acres of park land in
g the area as illustrated on the aforementioned preliminary
10 plat drawings.
~ ~ ' let
16~. The open space tracts as illustrated on the
14 aforementioned preliminary plat drawings shall be
encumbered by a vegetation protection and view enhancement
15 and maintenance easement. The easement shall be recorded
16 on the face of the Final Plat and contain language that
provides for the preservation of the vegetation for
~7 purposes that benefit the public health, safety, and
welfare, including control of surface water and erosion,
18 maintenance of slope stability, visual and aural buffering,
19 protection of plant and animal habitat, and enhancement and
maintenance of views. A copy of the easement language is
20 attached as Exhibit 1.
2! Prior to submittal of the Final Plat, the applicant shall
22 submit to the Planning Director for approval, exhibits
which establish view corridors within the easement areas.
2~ The corridors shall primarily be oriented to Mt. Rainier
and the Cascades. The exhibits shall establish what areas,
24 within which, trees may be removed and what areas will not
9.5 be disturbed. It is not the intent of this easement to
26
Resolution No. 2844
Page 28
!
create totally unobstructed view corridors for every
2 dwelling unit on the property. The exhibits shall also
provide standards regarding maintenance of the view
corridors such that future decisions are made based upon
4 established criteria and not the arbitrary or subjective
opinion of the future property owners. Trees that are to
5 be removed for the initial establishment of the view
corridors shall occur prior to occupancy of any dwelling
unit.
7
The trees and vegetation within the easement shall be
8 left undisturbed and may not be cut, pruned, covered by
fill, removed or damaged without the express written
9 permission from the Auburn Planning Director and only for
10 the purposes of establishing or maintaining the view
corridors, consistent with the easement provisions, or for
]! public safety or health reasons as determined by the Auburn
Public Works Director.
12
Trees, except for Alders, Cottonwoods or Willows, that
are removed to accommodate view corridors shall be
14 mitigated by replacing them according to the provisions of
a planting plan prepared by a licensed landscape architect
15 and reviewed and approved by the Auburn Planning Director.
The plan shall be designed to accomplish the following
purposes and shall be reviewed to ensure that it addresses
17 and accomplishes the following: 1) maintaining slope
stability and minimizing erosion by ensuring a healthy
]8 vegetative cover within the easement area; 2) maintaining
19 an attractive visual setting; 3) specifying the size, type,
species, method and time of planting that will result in
20 the best prospects for survival of healthy trees and
providing measures designed to ensure an appropriate
2! survival rate of replacement trees to accomplish the
22 purposes of the plan and the easement; and 4) where
practical, selecting species and types of trees that will
23 reduce or eliminate the need for future trimming or removal
to protect view corridors (e.g., by selecting types of
24
trees that are slow growing or that would not require
25 trimming because their typical mature height would not
Resolution No. 2844
May 14, 1997
Page 29
i
exceed the height limits established in the vegetation
2 protection easement.) All tree removals shall be
undertaken consistent with a plan approved pursuant to the
vegetation protection and view enhancement and maintenance
4 easement.
5 17. Lots 49 throuqh 51 appear to not meet the 60 foot lot
width requirement of the R-2 zone. These lots. as well as any
7
others, will need to meet the minimum standards at the time o~
8
Final Plat approval.
9
lO
il ~ The Mayor is hereby authorized to implement
12 such administrative procedures as may be necessary to carry
13
out the directives of this legislation.
14
DATED and SIGNED this 19th day of May, 1992.
15
17 CITY OF AUBURN
18
20 CFIARBE$ ~. BOOTH MAYOR
21
22
23
24
2~
Resolution No. 2844
May 14, 1997
Page 30
i
ATTEST:
2
Robin Wohlhueter,
5 City Clerk
7
8 APPROVED AS TO FORM:
10 ~
11
~ Michael J. Reynolds,
12 City Attorney
14
15
17
18
19
20
22
23
25
28
Resolution No. 2844
May 14, 1997
Page 31
LEGAL DESCRIPTION OF PROPERTY
LEGAL DESCRIPTION:
THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 11, TOWNSHIP 21 NORTH,
P. ANGE 4 EAST W.M.,;
EXCEPT THE pL4%T OF WEST BEVERLY HiLL DIVISION I, AS PER pLAT RECORDED
IN VOLUME 140 OF pLATS, PAGES 97 THROUGH 100, RECORDS OF KING COUNTY;
AND EXCEPT THE PLAT OF WEST BEVERLY HILL DIVISION II, AS PER PLAT
RECORDED IN VOLUME 153 OF PLATS, PAGES I THROUGH 3, RECORDS OF KING
COUNTY;
AND EXCEPT THAT PORTION OF THE WEST 1/2 OF THE SOUTHEAST 1/4 ~F
SECTION 11, TOWI~SHIP 21 NORTH, RANGE 4 F2%ST W.M., MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHEAST 1/4
OF SECTION 11;
THENCE NORTH 89 DEGREES 56 MINUTES 54 SECONDS WEST ALONG THE NORT~
LINE OF SAID SOUTHEAST 1/4, 167.57 FEET TO AN INTERSECTION WITH AN ARC
OF A CURVE TO THE LEFT, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 29
DEGREES 32 MINUTES 25 SECONDS EAST, 230.o0 FEET;
THENCE ALONG THE ARC OF SAID CURVE, A DISTANCE OF 237.92 FEET TO A
POINT OF TANGENCY, SAID CURVE HAVING A CENTRAL ANGLE OF 59 DEGREES 16
MINUTES 07 SECONDS AND A RADIUS OF 230.00 FEET;
THENCE SOUTH 01 DEGREES 11 MINUTES 28 SECONDS WEST, 625.11 FEET TO A
POINT OF CURVATURE, THE RAOIUS POINT OF SAID CURVE BEARS.NORTH 86
DEGREES 48 MINUTES 32 SECONDS WEST, A OISTANCE OF 320.00 FEET;
THENCE ALONG A CURVE TO THE RIGHT, AN ARC DISTANCE OF 30.30 FEET, SAID
CURVE HAVING A CENTRAL ANGLE OF 05 DEGREES 25 MINUTES 30 SECONDS ~O A
RADIUS OF 320.00 FEET;
THENCE SOUTH 83 DEGREES 23 MINUTES 02 SECONDS EAST ALONG A RAOIAL LINE
OF SAID CURVE, 60.00 FEET TO A POINT;
THENCE SOUTH 88 DEGREES 48 MINUTES 32 SECONDS EAST 221.70 FEET, MORE
OR LESS, TO THE EAST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4 OF
SECTION 11;
THENCE NORTH 01 DEGREES 11 MINUTES 28 SECONDS EAST ALONG SAID EAST
LINE S62.07 FEET, MORE OR LESS TO THE POINT OF BEGINNING;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
Exh/bit "A"
ResolutionNo. 2774
I T I
,fo be shown on the face of the Final hat]
EXHIBIT 1
VEGETATION PROTECTION AND
VIEW ENHANCEMENT AND MAINTENANCE EASEMENT
PRELIMINARY PLAT OF WEST BEVERLY ]HILL NO. 4
The following provision~ are provided for the preservation and maintenance of
vegetation within designated areas of the Plat of West Beverly Hill No. 4 to preserve the
public health, safety and welfare by, among other things, controlling surface water runoff
and erosion, maintaining slope stability, providing visual and aural buffeting, protecting .
plant and animal habitats, and enhancing and maintaining views from the residences and
lots within this plat. '
All of the areas designated on the face of the Final Plat as being within the
Vegetation Protection Area are subject to the restrictions set forth below. [These areas
will include everything except thc lots, street rights-of-way, park areas, and the utility
tract near Lot 31.] The zones delineated on Exhibit A, attached hereto, shall be described
verbally on the face of the final plat and shall be marked in the field.
Vegetation "trimming" is defined as the cutting ora portion ora plant while
leaving a substantial portion of the plant so that the plant will continue to live and
produce substantial new growth following the cutting. Vegetation "removal" is defined
~s the cutting of all of or a large portion of a plant without leaving a substantial portion of
the plant $o that the plant will not continue to produce substantial new growth following
removal.
The Vegetation Protection Area is divided into three zones. Within Zone 1 no
trimming or removal of trees will be al/owed for purposes of view enhancement. Within
Zone 2 trees may be trimmed to the sight-line elevations shown on the face of the plat in
order to provide for views of Mt. Rainier. The sight lines and elevations given at each
end of the sight'lines shall define a series of surfaces. Vegetation which grows above
these surfaces may be trimmed to amax, imm of 15 feet lower than the defined surface.
Vegetation may be removed as provided for below. Within Zone 3 vegetation that
exceeds 350 feet in elevation may be trimmed to provide for views to the Cascade
Mountains so that the height of trees does not exceed 335 feet in elevation. Trees may be
removed as provided for below.
Removal of trees in Zone 2 or Zone 3 for view enhancement shall be allowed
provided that there are at least two trees that will remain following tree removal that are
over 25 feet in height and that are located within 20 feet of the tree to be removed.
All wgetation trimming and removal shall be done by a licensed tree trirnmi~g
service hired by the Homeo~mers' Association. All tree trimming and removal shall be
Resolution No. 2774
Exhibit 1 page I of 2
I I
done pursuant to a plan that identifies all trees to be removed; delineates all areas where
tzee trimming will occur; defines the methods that will be used to accomplish tree
trimming and removal including the type of equipment to be used; addresses issues of
slope stability and erosion with regard to trees to be removed; and, in the event of tree
removal, provides for a replacement plan as provided for below. This plan shall be
submitted to the Planning Director of the City of Auburn at lea.ut sixty (60) days prior to
the start of the tre~ Iximmlng or removal. The Planning Director shall review this plan to
determine whether it complies with the terms of this easement and shall approve the plan
if it does so. The Planning Director shall have the authority, to add whatover conditions
are required to ensure that the plan complies with the terms of this easement. No work
shall be undertaken pursuant to the plan until it has been approved by the Planning
Director, provided, however, that thc plan shall be deemed approved after sixty (60) days
if the Planning Director has not acted to approve, condition, or deny the plan. In the event
ora dispute between thc Planning Director and the Homeov,~ers' Association the matter
shall be resolved by a £mal decision with no further right of appeal by the Mayor of the
City of Aubunm Tree trimming and removal plans shall not be submitted to the City
more often than one time per year.
Trees (other than Alders, Cottonwoods, ~d Willows) that are removed to
accommodate view corridors shall be replaced according to the provision~ of a planting
plan prepared by a licensed landscape architect a~ud reviewed and approved by the
Auburn Planning Director. This plan shall be designed to accomplish the following
purposes and shall be reviewed to ensure that it does so: (I) maintaining slope stability
and minimizing erosion by ensuring a healthy vegetative cover within the easement area;
(2) maintaining attractive visual setting; (3) specifying the size, lype, species, and method
and time of planting that will rasult in the best prospects for survival and healthy trees,
and providing measures designed to ensure an appropriate survival rate of replacement
trees to accomplish the purposes of the plan and the easement; and (4) where practical,
selecting species and types of trees within species that will reduce or eliminate the need
for future trimming or removal to protect view corridors (e.g., by selecting types of trees
that axe slow growing or that would not require trimming because their typical mature
height would not exceed the height limits established in the vegetation protection
easements).
The provisions of this easement allow the Homeowners' Assoclation to remove
trees or other vegetation within the Vegetation ?rotect~on Area that present an imminent
peril to public or privat~ safety if the trees are not immediately removed.
Resolution No. 2774
Exhibit 1 pa~ 2 0/2.