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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. 7 8 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 14 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 19 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 24 25 26 Resolution NO. 2844 May 14, 1997 Page 1 ! 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 7 conducted a public hearing to consider said petition in the 8 Council Chambers of the Auburn City Hall on April 22, 1997 at 9 ]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 15 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: 19 20 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 25 Resolution No. 2844 May 14, 1997 Page 2 ! 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. 24 25 26 Resolution No. 2844 May 14, 1997 Page 3 ! 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. 21 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. 24 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 1 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. 18 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. 26 Resolution No. 2844 May 14, 1997 Page 5 ! 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 25 26 Resolution NO. 2844 May 14, 1997 Page 6 1 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 25 26 ....................... Resolution No. 2844 May 14, 1997 Page 7 ! 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 ! 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 26 Resolution No. 2844 May 14, 1997 Page 9 ! 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 26 Resolution NO. 2844 May 14, 1997 Page 10 ! 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. 25 Resolution No. 2844 May 14, 1997. Page 11 ! 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. 25 26 Resolution No. 2844 May 14, 1997 Page 12 ! 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 -- 26 Resolution No. 2844 May 14, 1997 Page 13 1 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. 26 Resolution No. 2844 May 14, 1997 Page 14 ! 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 25 Resolution No. 2844 May 14, 1997 Page 15 ! 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 26 Resolution No. 2844 May 14, 1997 Page 16 1 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 26 Resolution No. 2844 May 14, 1997 Page 17 ! 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. 26 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.