HomeMy WebLinkAboutITEM VIII-A-2ACITYOF
AGENDA BILL APPROVAL FORM
~ y*{WASHINGTON
Agenda Subject: Ordinance No. 6281 for Final Plat Application No.
Date: November 23, 2009
PLT09-0007
Department: Planning, Building
Attachments: (See Exhibit list below
Budget Impact:
and Communit
and Exhibits
Administrative Recommendation:.
City Council to introduce and adopt Ordinance No. 6281.
Background Summary:
Tom Brown, Land Development Manager of Centex Homes, applicant, has made application for the Final
Plat of "Trail Run, Division No. 3". The plat received preliminary plat approvai for finro phases under the
project name of "River Sand". The applicant is now proposing three divisions of the final plat.
As it is now known, "Trail Run" received preliminary plat approval for the subdivision of a 40.9-acre site
into 172 single-family lots and one multiple family lot for 115 dwelling units. The subdivision request also
included 19 tracts associated with the Planned Unit Development (PUD). The property is located south of
South 277th Street the in the 1200-1700 block and west of the Green River.
Division No. 1, consisting of the multiple family residential lot and 71of the single-family lots received final
plat approval by Ordinance No. 6135 in November of 2007. Division No. 2 consisting of 50 single family
residential lots received final plat approval by Ordinance No. 6203 on September 15, 2008. The
proposed Division No. 3 consists of 48 standard (not alley-loaded) lots and is located within the southeast
portion of the site. This final plat aiso inciudes 3 tracts. The City requires that each phase stand-alone
pursuant to Auburn City Code (ACC) Section 18.69.110 (subsequentiy repealed).
The preliminary plat was approved by the City Council on December 5, 2005 by Resolution No. 3952.
Concurrently with the preliminary plat approvai, the property was rezoned to the City's PUD, Planned Unit
Development zoning designation by Ordinance No. 5971. The plat has been developed in accordance
with the PUD, Planned Unit Development zoning district as defined by ACC, Section 18.69 (subsequently
repealed), Subdivision Code (Title 17) (subsequently amended) and conditions of the conditions of the
plat and PUD.
L1207-1
03.5 PLT09-0007
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
Z Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ~ Parks
❑ Human Services ❑ Planning & CD
Z Fire ~ Planning
❑ Park Board ❑Public Works
0 Legal ❑ Police
❑ Planning Comm. ❑ Other
0 Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Norman
Staff: Baker
Meeting Date: December 7, 2009
Item Number: VIII.A.2
AjJ$~~N *MQRE THAN YOU IMAGINED
Agenda Subject: Ordinance No. 6281 for Final Plat Application No. Date: November 23, 2009
PLT09-0007
A financial security in lieu of completion of all of the plat has been provided to the City. The City
Engineer has signed the Certificate of Improvements accepting the security in lieu of the
applicant completing all of the infrastructure improvements.
Prior to City representatives signing and recording of the final plat, some minor changes are
needed to the face of the plat. The City will not sign the Final Plat drawings until all changes
have been completed.
Attached are the following Exhibits:
Exhibit 1- Final Plat (map, 6 pages)
Exhibit 2- Completed Final Plat Application Form
Exhibit 3- Proposed Ordinance No. 6281 (approving the Final Plat of Trail Run, Division No 3.)
Exhibit 4- Resolution No. 3952, previously approving the Preliminary Plat of River Sand
Exhibit 5- Ordinance No. 5971, previously approving the rezone to PUD, Planned Unit
Development
Exhibit 6- Mitigated Determination of Non-Significance (MDNS), File No. SEP04-0037
Exhibit 7- The City Engineer's Certificate of Improvements
Page 2 of 2
ORDINANCE NO. 6281
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE FINAL PLAT OF TRAIL RUN, DIVISION NO. 3
WHEREAS, the City of Auburn received a final plat application for the Plat
of Trail Run, Division No. 3, Application No. PLT09-0007 the final approval of
which is appropriate for City Council Action;
WHEREAS, based on the review given this Plat by the City, the City
Council hereby makes and enters the following:
FINDINGS OF FACT
1. Centex Homes, represented by Tom Brown, has requested final plat
approval of Trail Run, Division No. 3 and all applicable conditions have
been met.
2. The preliminary plat was approved by the City Council on December 5,
2005 by Resolution No. 3952. The preliminary plat was approved with two
proposed divisions. With this application the applicant is revising the
proposal to include three divisions. The plat has been developed in
accordance with the PUD, Planned Unit Development zoning district.
3. A Certificate of Improvements has been issued by the City Engineer,
accepting all required plat improvements.
4. The applicant has dedicated a 1.70-acre (74,241 square foot) parcel of
land to the City of Auburn for park development associated with the first
phase of the plat (Division No. 1). The applicant has also dedicated 0.92
acres (40,155 square feet) within six tracts as a lineal park/open space
within the first phase (Division No. 1). The balance of the park dedication
Tract P, 1.47 acres (63,978 sq ft.) is proposed with this Division No. 3.
CONCLUSIONS OF LAW
1. The Final Plat is in compliance and in conformity with applicable Zoning
and Land Division Ordinances and other applicable land use controls.
2. The Plat is consistent with the Comprehensive Plan.
Ordinance No. 6281
December 2, 2009
Page 1 of 3
3. The Plat meets the requirements of Chapter 58.17 RCW.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Approval. Trail Run Division No. 3, a subdivision
involving property located within the City of Auburn, Washington, which plat is
legally described on Sheet 2 of 6 of the Final Plat and set forth in Exhibit "A,"
attached hereto and incorporated herein by reference, is hereby approved, and
deemed to conform to the requirements for Plat approval pursuant to State and
local law and Chapter 58.17 of the Revised Code of Washington and Section
58.17.140 thereof.
Section 2. Constitutionalitv or Invaliditv. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being hereby
expressly declared that this Ordinance and each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed, adopted and
approved and ratified irrespective of the fact that any one or more section,
subsection, sentence, clause or phrase be declared invalid or unconstitutional.
Section 3. Recordation. Upon the passage, approval and
publication of this Ordinance as provided by law, the City Clerk of the City of
Auburn shall cause this Ordinance to be recorded in the office of the King County
Records, Elections and Licensing Services Division.
Ordinance No. 6281
December 2, 2009
Page 2 of 3
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 5. Effective Date. This ordinance shall take effect and be
in force five (5) days from and after its passage, approval and publication, as
provided by law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVE,DAS TO FOR
Da.Kiel B. Ft'eid,
City Attorney
Published:
Ordinance No. 6281
December 2, 2009
Page 3 of 3
('I i l' <}{; AUBURN
WAsa i iINcrTON Plr«nitig, Btcil(littg, at:tl Conamunity Depal-titzetrt
MASTER LAND USE APPLICATION- PL.4NNING APPLICATIONS
Pr•oject Name Trail Run (formerly River Sand P.U. D.) Date august 17, 2009
karcei No(s) Lot 172 TraiC Run - Divisican 2 site AddressS. 277th St, &"I" St. NE
Lega( DescriPtion (attached sepai•ate slieet if necessary) Attached
Applicant
NaEne: Gentex Homes
Mailing Address:11241 Slater Avenue. Ste. 100, tfirk4and. WA 98033
Tclcphone ancl Fax:425.216.34Q0. 425.216.3401
Email: tbrown a.centexhome .com
Sl I1attR'8: c~ .
Orvnei• (if rnore tiian one attach anottier slteet)
Name: CBntex Homes
~
G
Maiting Address:11241 Slater Avenue, Ste. 100, Kirkland, WA 98033
TelepEione and Fax: 425.216.3400, 425.216.3401
rmail: tbrown(@centexhomes.c
Si nature: s~~'~-'-)
Enginecr/Architectui•e/Other•
Name:Northern Paeific Gonsuitinq Enqineers
~
Mailing Address:413 29th Street NE. Ste. C. Puvallua. WA 98372
Telephone and Fax: ~0,5.b 1/.6btS.i,
CT't
Emaii: bmcdowell@nr)encia.live.com
Description of Aroposeci Actipn:
C.0
Fina! Plat Approval, Phase IEI
~p--
1g:
~ 1 = 1
y
7
' y c af A licatioiz Re uired Check al) tliat A ly
Administrative Appeal*
Rezone (site specific)* Aeea tiVidc
Administrative Use Perrnit*
Shart Plat
Annexation*
Special Exception*
Boundary Line Adjustmeiit
Speciat Home Uccupation Permit*
Cornprehensive Plan Anaendment (Text or Map)*
Substantial Shoreline Develapment*
Conditional Use Pet-mit*
Surface Mining I'ennit*
Critical Areas Variance*
Temparary Use Fermit
Developmecit Agreernent*
Variance*
Environmenta) RevieNv (SEPA)*
*Please note that publie natification is
✓
Fitial Plat
required. A separate cost is charged
Preliminary Ylat*
for the signs. City prepares signs but
PUD Site Plan Approval
applicant responsible for sign posting.
T
TI
Reasonable Use Exce tion*
Page 1 of 2
ALJBU Ri~ N101rr Tt-t~N! YOu INtAGiNcD
TRAIL RUN DIVISION 3 FINAL PLAT
LEGAL DESCRIPTION
LOT 172, TRAIL RUN DIVISION 2, ACCORDING TO THE PLAT THEREOF,
RECORDED 1N VOLUME 249 OF PLATS, PAGES 12 THROUGH 17, INCLUSIVE,
IN K1NG COUNTY, WASHINGTON
RESOLUTION NO. 3 9 5 2
A RESOLUT(ON 4F THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING A
PRELIMINARY PLAT APPLlCATION FOR A 173 LOT
RESiDENTIAL SUBDIVISION KNOWN AS RIVER
SAND AND A PLAT MODIFICATION WITHIN THE
CITY 4F AUBURN, WASHINGTON
WHEREAS, Application No. PLT04-0006, dated April 14, 2004, has
been submitted to the City of Auburn, Washington, by Rob Purser on behalf of
Centex Homes, requesting preliminary plat approval far a 173 lot Single-Family
and Multiple-Family Residential subdivision known as River Sand; and
WHEREAS, said request referred ta above was referred to the Hearing
Examiner for study and public hearing thereon; and
WHEREAS, pursuant to staff review, the Hearing Examiner conducted a
public hearing to consider said application in the Council Chambers of the
Auburn City Hall on August 16, 2005, of which the Hearing Examiner
recommended that there is not enaugh infarmation ta make a written
recammendation on the request for approval of the rezone to PUD and approval
of the preliminary plat. For this reason, the Hearing Examiner recommends that
the requests be remanded to the Planning and Community Development
Department to allow the Applicant to submit the following additional information:
1. A plan to provide more definite information on a second general access
for the proposed access that complies with Comprehensive Plan Po{icy
TR-13. The plan should be more certain than the plan presently
submitted by the Applicant.
Resalution No. 3952
November 29, 2005
Page 1
2. A traffic impact analysis that addresses the binding site plan {PUD
Exhibit 11}, and addresses the different access scenarios that could
occur.
3. Current traffic level of service information to ensure the proposed project
complies with Comprehensive Plan Policies TR-17 and TR-18.
4. A reconfiguratian of dedicated park land such that Tracts A through G
are not considered dedicated park land.
The Hearing Examiner recommendation also states that if tha information is
submitted to the satisfaction of the Planning Director, the Hearing Examiner will
re-hear those portions of the application. !f the Applicant is unable to submit the
information to the satisfaction of the Planning Director, the Hearing Examiner
recommends that the requests for plat and PUD be denied; and
WHEREAS, at its regular meeting of November 7, 2005, the City Council
voted to conduct a closed record hearing on the Hearing Examiner's
recommendations; and
WHEREAS, a closed record hearing was held November 18, 2005, at
which time the City Council considered the Hearing Examiner's
recommendations and the material presented to the Hearing Examiner after
which the Council voted to approve Application No. PLT04-0006 with the
conditions recommended by staff as well as two additional conditions to
eliminate lot number 169 la# and re-orient lats 167 and 168 to front onta P
Street NE and to provide physical features to define the separation between the
Reso{ution No. 3952
November 29, 2005
Page 2
tracts containing the linear trails and the adjacent lots as approved by the Parks
Director.
NOW, THEREFORE, THE CITY COUNCIL 4F THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The following Findings and Conclusions are herewith
approved and incarporated in this Reso{ution.
Section 2. The request for preliminary plat approval and a plat
modification to reduce the amount of park land dedication for a 173 lat Single-
Family and Multiple-Family Residential subdivision known as River Sand within
the City of Auburn, legally described in Exhibit "A" attached hereto and
incorporated herein by this reference, is hereby approved subject to the
following conditions:
1. Lot No. 169 shall be eliminated and Lo#s No. 167 and 168 shall be re-
oriented to front on the plat's internal public street identified as "P Street
NE" and the adjacent access tract shall be eliminated.
2. Prior to Final Plat approval the Applicant shall submit a plan for review
and approval by the Parks Director to provide a separation, using such
features as short fences, rockeries and mow strips, between the
residential Lots 1-34, Lot 68 and the adjacent dedicated park land tracts,
(Tracts B, D, and F). The requirement to maintain the separation shall
also be addressed by the required legat instrument setting forth the
permanent care and maintenance of open spaces and park land.
3. Prior #o final plat approval, the Appljcant shall secure JARPA approval
from the Army Corps of Engineers to relocate the north-south drainage
ditch and associated easement located within the western one-third of
the site as shown on the plat.
4. The Applicant shall submit a legal instrument setting forth a plan or
manner of permanent care and maintenance of open space, recreational
Resolution No. 3952
November 29, 2005
Page 3
areas, private roads, park land, and other cammunally-owned facilities.
No such instrument shall be acceptable until approved by the city
attorney as to its legal form and effect. Comman spaces shall be
guaranteed by a restrictive covenant describing that the space, its
maintenance, and improvement are appurtenant to the land for the
benefit of the residents of the planned unit development and adjoining
property owners. The final plat shall grant easements to the City of
Auburn in all priWate open space and park land #racts so that the City
may perForm maintenance in the event af improper maintenance by the
homeowners' association. All maintenance shall adhere to City of
Auburn standards.
5. Prior to final plat approval, traffic calming devices shall be financially
guaranteed for installation on 50th and 51 st Streets NE. Traffic cafming
methods and design must be appraved by the City Engineer prior to final
plat approval.
6. Prior to issuance of construction approvals, the Applicant shall prepare a
sight distance plan for review and approval by the Planning and Public
Works Directors. The plan shall document the sight distance triangles at
all intersections and corners and shall define measures to ensure
maintenance and protection of sight distances within lots and tracts,
including easements. This may result in minor changes to the plat
design to ensure that all applicable requirements are satisfied.
7. The Applicant shail prepare a Final Landscaping Plan that demonstrates
that all landscaping in the public rights-of-way, storrn drainage tracts, and
open space tracts confarm to City standards. The plan must
demonstrate conformance with standards for acceptable tree types and
root barriers, etc., and must also shaw coordination with utility and road
improvements. The plan must also include maintenance and conform
the standards in ACC 18.50.070. The Applicant shall pravide root
deflection devices or similar mechanisms for all trees planted within five
feet of curbs, sidewalks, or pavement to ensure mature trees does not
contribute to pavement deterioration. Care should be taken by the
Applicant to account for individual lots' ingress and egress when defining
the locatian of propased street trees. The landscaped median of "M"
Street NE shall be the responsibility of the homeowners' association and
be included in the fandscaping maintenance plan. The plan must be
approved by the Planning Department prior to final plat approval.
Resolution No. 3952
November 29, 2005
Page 4
8. In arder to meet subdivision requirements of ACC 17.12.260 related to
dedication of recreation land and based on the submitted preliminary
plat, the applicant shail either;
a. Dedicate 4.85 acres of land generally in the focation identified as
Tracts O& P on the Preliminary Plat, by DBM Engineers, dated
5/25/05 and in a configuratian acceptable to the Parks Director;
or,
b. Alternatively, the City will accept the lesser dedica#ion of 4.0 acres
within the areas identified as Tracts A-G, 0 & P on the Preliminary
Plat, by DBM Engineers, dated 5125/05 The remainder of the
required land (0.85 acres) to meet the recreation land dedicat+on
standard shall be in the form af a voluntary agreement with the
City, acceptable to the City of Auburn Parks Director, to provide a
fee-in-lieu of dedication estimated #o be the amount of
$141,312.50. The estimated calculation is based an the currently
proposed 287 dwelling units and a formula of: community parks
development cost af ($166,250.00 per acre) X 0.85 acres. The
actual amount shall be paid prior to final plat approval for each
phase, shall be based on the number of units 1 lots proposed for
each final plat application.
9. The linear trail Tracts A through G, as identi#ied on the Preliminary Plat,
by DBM Engineers, dated 6/28/05 shall be maintained by the developer
and/or the home owner's association as a condition of the final plat. The
maintenance schedule and responsibilities shall be identified in the
CCR's whose language shall be reviewed and approved by the Parks
Director prior to final plat approval and recording. A maintenance
easement shall be provided on the final plat.
10. The developer agrees ta and shall be responsible for construction of a
play area featuring a minimum of nine (9) play events to accammodate
over thirty-five {35} children. In a space whose minimum fall zone is
1,050 square feet, 1/2 basketball court, irrigation system, and
landscaping in Tract 0. The materials supplied and installed must meet
the current Park Department standards as supplied by the Parks Director
prior to installat+on and final plat approval.
11. As part of the engineering/construction drawings that are typically
submitted for construction of the subdivision there shall also be
submitted engineering/construction drawings for the construction of park
improvements in Tract "4". The park improvements shall be approved
Resolution No. 3952
November 29, 2005
Page 5
by the City of Auburn Parks Director prior to the approval of the
canstruction drawings for the plat. The materials supplied and installed
must meet the current City Parks Department standards and be
approved by the Parks Director prior to installatian and final plat
approval.
12. To address the impacts from the projecYs new impervious surFaces, the
Applicant shall comply with one of the follawing prior to final plat
approval:
a. Storm drainage facilities shall be constructed on-site to limit the
aff-site discharge for the post-developed 100-year flow to less
than 7.2 cubic feet per second (cfs). 7.2 cfs is the capacity af
downstream culvert number four that would be overwhelmed from
the storm water generated by the project in the event of a 900-
year storm and saturated ground. Culvert number four is a 24-
inch storm drainage culvert located within the King County right-
of-way of 86th Avenue South approximately 800 feet north of 86tn
Avenue South's intersection with South 277th Street.
b. The Applicant shall secure approvals from the appropriate
agencies for replacement af downstream culvert number four.
The raplacement culvert must have a minimum capacity of 93
cubic feet per second to correspond with the combined capacity af
the tributary culverts located upstream. Culvert number four is a
24-inch storm drainage culvert located within the King Gounty
right-of-way of 86th Avenue South approximately 800 feet north of
86tn Avenue South's intersection with South 277«' Street.
c. The Applicant shall secure approvals from the appropriate
agericies to provide an alternate downstream storm drainage
route terminating in the Green River. The Applicant shall
demonstrate to the satisfaction of the City Engineer that the
alternate drainage route has adequate hydraulic capacity to
convey the post-developed 100-year flow with saturated graund
priar to canstruction authorization. The Applicant shall
demonstrate to the satisfaction of the City that the alternate
drainage route would have no adverse environmental effects.
13. Pedestrian/ornamental street lights shall be installed by the Applicant
along the interior streets and sidewalks of the plat. The style of the lights
shall be consistent with City standards or be an ornamentai style similar
to the "Whatley, Washington Series 405 fluted fiberglass pole with acorn-
Resolution No. 3952
November 29, 2005
Page 6
style post-top fixture" as submitted in the preliminary plat application.
The City Engineer shall review the spacing and location of the lights to
ensure that adequate lighting is provided along the surFace of all streets
and any adjacent sidewalks.
14. Home designs shall be consistent with the drawings entitled "Multiple
Family Housing Elevations and Floor Plans," and "Single Family Housing
Elevations and Floor Plans," both dated March 11, 2004 as submitted as
part of the preliminary plat application. Hame exterior calors shall be
consistent with "Color Palette, Homescapes, Sherwin Williams, 2002," as
submitted as part of the preliminary plat application, except that the
"Bright and Bold" calor scheme shall not be used.
15. The final landscape design shall be generally consistent with the
preliminary landscaping plan as submitted by the Applicant as part of the
preliminary plat application. The project will also require furniture in the
open space areas, and coordinated fencing and entrance signs. Bench
furniture and fencing sha11 be generally consistent with those designs
submitted as part of the preliminary plat application. Furniture and
fencing shall be of consistent design and material throughout the project.
Any entrance signs shall be a low monument style with landscaping
accents. The number of signs, their style, placement, and landscaping
shall be approved by the Planning Director prior to final plat approval.
16. The Applicant has proposed that Lats 1 through 67 shall be accessed
only through an ailey. The final plat shall include a requirement that Lots
1 though 67 shall be developed as alley-loaded lots unless the Applicant
documents and demonstrates to the satisfaction of the Planning Director
that market demand for this housing style does not exist. In the event
that a lack af market demand is sufficiently demanstrated, a reduced
number of allsy-loaded lots will be required for Lots 35 through 67 only.
17. Prior to the issuance of clearing and/or grading permits subsequent to
permit No. GRA04-0025 issued August 27, 2004, the Applicant shall
furnish the City of Auburn City Engineer and appropriate City of Kent
staff person with a proposed haul route and schedule for hauling soil
material to and/or from the site for review and approval by both entities.
If, in the opinion af the city represen#atives, such hauling will adversely
impact the street network, hauling hours may be coordinated and limited
to appropriate off-peak haurs or alternative routes. The haul route plan
shall also include a traffic control plan for approval by the City of Kent
and the City of Auburn. The Applicant shall submit a Haul Route Plan
Resolution No. 3952
Navember 29, 2005
Page 7
Prior to Phase i final approvals to avoid any traffic impacts generated by
truck trips during the construction and graciing phases.
18. The recornmendations of the geo#echnical report "Geatechnical Repart
River Sand "I" Street NE and South 277th Street," by Terra Associates,
lnc., dated February 4, 2004 (attached as Plat Exhibit 19) andlor other
subsequent site specific soils or geotechnical reports shall be
incorporated into clearing, grading, and other appropriate construction
plans subsequent to permit No. GRA04-0025 issued August 27, 2004, as
determined by the City Engineer. Special consideration shall be given to
the recommendations for storm pand design identified in the
geotechnical report.
19. The Applicant's grading plans subsequent to permit NO. GRA04-0025
issued August 27, 2004 shall be prepared in conjunctian with and
reviewed by a licensed geotechnical engineer. The geotechnical
engineer shall develap and submit, far the City's review, specific
recommendations to mitigate grading activities giving particular attention
to developing a plan to minimize the exposure of on-site sails and
address grading and related activities during wet weather.
20. A licensed geotechnical engineer shall monitflr on-site rough/preliminary
plat grading activities subsequent ta permit No. GRA04-0025 issued
August 27, 2004 to ensure that the recammendations of the preliminary
geotechnical report and any additional conditions or requirements are
implemented. Based on recammendations of the geotechnical report,
the geotechnical engineer should review final design and specifications
to verify that earthwork and foundation recommendations have been
properly interpreted and implemented in the project design. The
geotechnical services to be provided during construction are to observe
compliance with the design concepts, spec€fications, and geotechnical
report recommendations.
21. Upon completian of rough grading and excavatian, a geotechnical
engineer shall re-analyze the site and determirte if new or additional
mitigation measures are necessary. If warranted, a revised geotechnical
report shall be submitted to the City of Auburn for review and approval by
the City Engineer.
22. Prior to the placemen# of fill in addition to that authorized by permit No.
GRA04-0025 issued August 27 2004, the City Engineer shall approve
the source of the imported fill material for all structural fill and other fill
activities. Compaction monitoring and testing shall be required for all fill
Resolution No. 3952
November 29, 2005
Page 8
areas, both structural and non-structural for City review. Compaction
reports for structural fill shall be provided to the City Engineer far review
prior to acceptance.
23. Prior to issuance of grading permits subsequent to permit No. GRA04-
0025 issued August 27, 2004, a wetland hydroperiod analysis shall be
submitted to the City for review and approval. The analysis shall include
a pre-developed analysis of the existing hydrologic volume tributary to
the wetlands, and post-developed volumes from tributary areas directed
to the wetlands. A wetland biologist shall be consulted to verify the
appropriate hydralogic support necessary to maintain existing wetland's
function and value. If augmentation is warranted to reduce or avoid
impacts, rooftop drainage or other acceptable means can be directed to
the wetlands at a valume approximating existing conditions to maintain
hydralagic support of the wetlands. A mvnitoring plan/program shall also
be developed for City review and approval. The Department of Ecology's
Stormwater Management Manual for Western Washington (2001) will
provide guidance for perForming the wetland hydroperioci analysis,
information on maximum acceptable hydroperiod aiterations,
recommendation far reducing developrnent impacts on wetland
hydroperiod and water quality, recommendation far flow control and
treatment for stormwater discharges to wetlands and recommendation
for post-development wetland monitoring.
24. Prior #o approval of the grading permit subsequent to permit No. GRA04-
0025 issued August 27, 2004, (or approval of half-street improvements
to S 277th Street unless it is demonstrated to the satisfaction of the
Planning Directflr that the half-street improvements wili not result in
wetland filling) a final wetland mitigation plan shatl be prepared and
submitted for review and approval by the Planning Director and Public
Works Directors. The plan shall be approved prior to the issuance of the
subsequent grading permits or other construction permits. If applicable,
the plan shall identify the amount of wetland impact associated with ha{f-
street improvements to S 277th Street and any associated wetland
mitiga#ion.
The plan shall include the proposed construction sequence, grading and
excavation details, erosion and sedimentation control features needed,
planting plans specifying species, quantities, locations size, spacing, and
density, source of plant materials, propagules and seeds, water and
nutrient requirements for plants and water level maintenance practices.
Mitigation for reduction in wetland functians from the disturbance and
increased proximity of development shall consist of enhancement of
Resolution No. 3952
November 29, 2005
Page 9
wetland buffers. Wetiand mitigation shall be provided in general
accordance with recommendations identtfied in the report: "Conceptual
Wetland Mitigation Ptan of #he River Sand Property", J.S. Jones and
Associates Inc., January 26, 2005, as modified by the Final Staff
Evaluation and MDNS. Major elements of the mitigation plan shall
include:
a. A final wetland mitigation plan, repart and monitaring program,
maintenance plan and contingency plan shall be submitted for
review and approval in accordance with the recommendations of
the delineation and conceptual mitigation reports, and as madified
by the MDNS conditions and Final Staff EWaluation. The plans
and supporting hydrolagic analysis shall establish goals and
objectives to monitor and measure the success of the wetland
mitigation project.
b. The wetland buffers shail be a minimum of fifty (50) feet in width
for Wetland 1 and an average of twenty-five (25) feet in width for
Wetland 2 and incorporate the following characteristics: areas of
flattened slopes (ranging from 4:1 to 6:1 in gradient) adjacent to
the wetland edge to provide habitat transition areas; and dense
plantings of vegetation native to the northwest that will provide
shade and cover for lacal wildlife. A maintenance plan for the
buffer shall also be prepared and submitted concurrently for
review and approval.
c. The wetland enhancement areas shall be designed to include
elements of water saturation (hydralogy) and be vegetated with
obligate, facultative wetland plants or facuitative (hydrophytic)
vegetatian native to the Pacific Norkhwest. Trees and other
vegetation designed to provide food and cover for local wildlife
shall be included.
d. The propanent shall as directed, be required to provide the
Auburn Building Official with services of an approved biologist with
expertise in wetland buffer enhancement, for purposes of
inspecting wetland work activities on the City's behalf for
conforrnance with appraved plans and specifications. In addition,
the biolagist shall be retained for a minimum of five years
following completion of all wetlands work to monitor the progress
of the enhanced wetlands, and to inspect the replacement of
unsuccessful plant and habitat materials in accordance with the
approved plans. A minimum of biannual monitoring and
inspectivn and annuaE reports, indicating achievement af goals
Resolution No. 3952
Navember 29, 2005
Page 10
and objectives, and project status, shail be filed with the Planning
Department throughout the five-year monitoring program, with a
final report provided at the end of the monitaring program.
e. Filling and grading of the site and wetlands mitigation work may
occur concurrently. The mitigation construction shall be complete
prior to issuance of final pfat.
f. An appropriate security equivalent to 125 percent of the cost of all
wetlands mitigation work shall be submitted to the Auburn Building
Official prior to the issuance of gradirtg permits, and shall be kept
active for a minimum of five years follvwing completion of all
wetlands construction in an amount commensurate with the
monitoring program and contingency plan. At the end of the
monitoring program, the City shall release the security if remedial
action is not required.
g. Following campletion and acczptance of ail wetlands mitigation
work, no clearing, grading or building construction shall occur
within the wetlands mitigation area, except as rnay be authorized
by the City of Auburn for: protection of public health, safety and
welfare; maintenance purposes, passive recreation improvements
ar contingency mitigation work.
h. The surveyed wetland area shall be clearly indicated on all
construction plans approved by the City, indicating the purpose
and any limitativns on the use of the area. The boundary of the
wetland shall be based on the wetland boundary confirmed by the
Army Corps of Engineers (ACOE) by letter dated May 22, 2003
(reference: File No. 2002-4-00613) and its buffer shall be staked
in 25-foot intervals. This staked line shall continuously remain in
place and serve as clearing and construction limits throughout the
praject for all construction activities adjacent to the wetlands area,
or as required by the City.
25. The purpase and intent of the following condition is to discourage the
uncontrolled intrusion of humans into the rnitigation area, provide a
passive recreation opportunity, and to ensure long #erm protection. The
following information and improvements shall be required by the
Applicant:
a. Interpretive signs shall be installed and maintained at 150-faot
intervals along the boundary of wetland buffers. The signs shall
Resolution No. 3952
November 29, 2005
Page 11
be constructed of a permanent and durable material and indicate
the wetland restrictions related to the use of the area. The sign
locations, construction details, and text shall be specified in final
mitigatian plan.
b. The wetlands and wetland buffers shall be encumbered by a
conservation easement granted to the City of Auburn. The
easemen# shall state that any uses within the easement area shall
be approved by the Planning Director. The uses shall be
consistent with the purpose of the wetland and stream buffer and
be a general benefit to the public. Evidence that the easement
has been execu#ed and recorded is required prior to issuance of
any occupancy permits for the site.
26. Unless a FEMA map amendment is approved to eliminate on-site
floodplain, prior to issuance of a grading permit authorizing fill placement
in the floodplain the Applicant shall prepare and submit a Flood
Compensation Plan. The plan shall demonstrate how compensatory
flood storage will be provided for the project concurrently with site filling.
The flood starage shall be proWided incrementally as the flood stage rises
from the seasonal low average, up to and including the 100-year flood
elevation. The compensatary storage shall be provided at a ratio of one
to one (displacement to replacement). The fiood storage must be
designed based on seasonal groundwater elevations with appropriate
supporting analysis. The plan must be approved prior to issuance of a
grading permit to fill the floodplain.
27. Unless a FEMA map amendment is approved to eliminate on-site
floodplain, the area of the compensatory flood storage and associated
access shall be encumbered by a drainage easement granted #o the City
of Auburn. The easement shall state that any uses within this area shall
be approved by the Planning and Public Works Directors. The easement
language shall be prepared by the Applicant and approved by the City
and shall convey maintenance and inspection access to the City.
Evidence that the easement has besn executed and recorded is required
to be shown on the final plat.
28. Prior to the issuance of a grading permit subsequent to permit number
GRA04-0025 issued August 27, 2004 that includes excavation or
disturbance af the existing ground surface elevation, the Applicant shall
prepare a historiclcultural resources manitoring plan as recommended by
the report "Archaeological and Historical Resources Survey of the
Proposed River Sand PUD, King County, Washington," (Plat Exhibit 24).
Resolution No. 3952
November 29, 2005
Page 12
The monitoring plan shall establish a protocol for the inadvertent
discovery of human remains. The monitoring plan shall also detail what
cu{tural materials may be expected on-site, qualifications of the on-site
monitor, the authority of the on-si#e monitor to halt
excavation/construction activities, a protocol for assigning significance to
identified materials, and safety requirements for the monitor's activities.
A copy of the report shalE be provided to OAHP, the City of Auburn, and
the Muckleshoot Tribe upon its completion. The Applicant shall
demonstrate to the City of Auburn that the monitoring report
recommendations have been addressed prior to commencement of any
permitted excavation or disturbance of the existing ground surface
elevation. Alsa, in accordance with the repart's recommendations, an
on-site monitor shall be present during excavation or disturbance af the
existing ground surFace elevation.
29. The intersection of "M" Street NE and South 277th Street shall include a
temporary traffic signal. Prior to the issuance of the building permit for
the 76th housing unit within the plat, the Applicant shall financially secure
the completion of a second permanent access route consisting of the
construction of a 24-foot wide paved roadway with adequate shoulder
and storm drainage provisions along the east-west a{ignment of a new
49th151 st Street NE between "M" Street NE and the new "I" Street NE
alignment. The Applicant shall also financially secure completion of the
new "I" Street NE between 49th Street NE and South 277th Street, plus a
wire span traffic signal at the intersection af the new "I" Street NE and
South 277th Street. When the second permanent access is constructed,
the temporary traffic signal at "M" Street NE and South 277th Street shall
be removed and permanent channelization to City of Kent standards
shall be installed in its place. The Applicant shall pay the City $495,000,
which in addition to the development's normal traffic impact fees,
provides adequate funding to secure the second permanent access route
improvements and related improvements. In the event the City's traffic
impact fees are increased prior to payment of the $495,000, the
mitigation fee may be correspondingly decreasad.
30. Notice of the future second permanent access route and the future
intersection modifications shall be recarded on the face of the final plat
and on each individual property title within the plat. In addition to this
notice, adequate on-site signage of such future traffic improvements
shall be provided as directed by the City.
31. At the time of plat canstruction, secondary emergency access shall also
be provided to the plat from South 277th Street by means of the
Resolution No. 3952
November 29, 2005
Page 13
establishment of emergency accesses a minimum of 20 feet in width
from Sauth 277th Street. These traffic accesses shall prohibit general
traffic use through the use of gates or bollards to the satisfaction of the
Fire Marshal. Fire lanes shall be posted in accordance with the Auburn
City Code. Notice signs shall be maintained in a clean and legible
condition at all times and be replaced or repaired when necessary by the
horneowners' association to provide adequate visibility.
32. Prior to final plat approval, the Applicant shall financially secure the
completion of a 12-inch of-site waterline for completion of the looping of
waterlines to meet the Water Comprehensive Plan Level of Service
criteria. The Water Comprehensive Plan Improvements would consist of
approximately 1,200 linear #eet of 12-inch waterline along the proposed
extension af "l" Street NE from 45th Street NE to 49th Street NE and
approximately 1,300 linear feet of 12-inch waterline along an east-west
alignment of a new 49thJ51st Street NE between the praposed new "I"
Street NE alignment and the River Sands Development west property
line. The Applicant shall pay to the City $82,000, which combined with
the development's normal System Deveiopment Charges, provides
adequate funding to secure the water system improvements. In the
event the City's Water System Development charges are increased prior
to payment of the $82,000, this mitigation fee may be correspondingly
decreased.
33. The Applicant shall pay schoal impact fees to the Kent School District as
dictated by the City of Auburn and the Kent School Distric#'s school
impact fee agreement. The Applicant, the Cities, and the District shall
agree on a method of providing safe bus stops prior to final plat appraval,
and the approved method shall be noted on the final plat map.
34. The praject shall not at any time disturb or encroach upon the 200-foot
shoreline buffer of the Green River.
35. The approval of the PUD is only valid upon the approval and execution
by the Auburn City Council of the associated preliminary plat, File No.
PLT04-0006.
36. Given the relatively narrow frontages of the proposed single-family
residential lots and the impact on pedestrians (and wheelchairs) from
elevation changes due to a series of closely spaced driveways, the local
residential road cross section shown on the preliminary plat shall be
revised to show the landscape planting strip abutting the curb on both
sides of the street.
Resolutian No. 3952
Navember 29, 2005
Page 14
Section 3. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out #he directives of this legislation.
Section 4. This Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of e~~ 2005.
CITY OFF-4"$URN
PETER B. LEWIS
MAYOR
ATTEST:
Da 'elle E. Daskam,
City Clerk
APPRQVED AS T4 FORM;
Daniel B. Held,
City Attorney
Resolution No. 3952
November 29, 2005
Page 15
Exhibit "A", Resolution No. 3952
LE GAL DE SCRIPTION
PROJECT NAME: River Sand PUD
PROJECT ADDRESS: Northeast and Southeast Quarters of Section 31, Townslup
22 North, and Range 45 East
South 277' Street and `I' Street NE, Auburn
PROJECT PARCEL 000420-4023
TNAT PORTfON OF THE GEORGE E. KING DONATlON LAND CLAfM (D.L.C.) N4. 40
IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST W.M., DESCRiBED AS
FOLLOWS:
CQMMENCING AT A 6"X6" SANDSTONE MONtJMENT MARKING THE SOUTNWEST ~
CORNER OF THE R.H. BEATTY D.L.C. NUMBERS 37 AND 44;
THENCE SOUTH 89°00'01" EAST, ALONG THE SOUTH LINE OF SAIp R.H. BEATTY
D.L.C. AND THE NORTN LINE OF THE W.A. COX D.L.C. NO. 38, A DISTANCE OF
2,643.1$ FEET TO A 2" DIAMETER CONCRETE-FILLED IRON PIPE MARKING THE
S4UTHEA5T CORNER OF SAID R.H. BEATTY D.L.C. AND 7HE NORTHEAST CORNER
OF SAID W.A. COX p.L.C.;
THENCE, CONTINUING SOUTH 89°00'01" EAST, 638.43 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE, CONTINUfNG SOUTH 89'00'01" EAST, 1,637.39 FEET TO A POINT ON A
LINE ESTABLISHED $Y BOUNDARY LINE AGR£EMENT RECORDED UNDER KtNG
COl1MTY RECORDING NQ. 8110150749;
THENCE,
ALONG
SAID LINE,
SOUTH 46'26'33"
EAST 103.45 FEET;
THENCE,
ALONG
SAID LINE,
SOUTH 34° 19'49"
EAST 211.01 FEET;
THENCE,
ALONG
SAID LINE,
SOUTH 09°48'39"
WEST 412.45 FEET;
THENCE,
ALONG
SAID LINE,
SOUTH 01'43'38"
EAST 263.60 FEET;
THENCE,
ALONG
SAID LINE,
SOUTH 48°38'47"
WEST 208.18 FEET;
THENCE
NORTH
88'49'05" WESi' 503.22 F'EET;
THENCE
NORTH
19'30'00" EASi' 110.98 FEET;
THENCE
NORTH
88°49'OS" WES7 1,283.52 FEET;
1
' f
THENCE NORTN 03'48'33" EAST, Al.4NG A UNE PARALLEL WITH THE EAST LlNE
OF SAlD COX D.L.C., 1,008.50 FEET TU THE TREJE POINT OF BEGiNNiNG;
EXCEPT THAi' PORTlON THEREOF CONVEYED TO THE CITY OF KENT FOR SOUTH
277rN STREET, DESCRlBEQ AS FOLI.OWS:
BEGINNING AT SAID 7RUE POINT OF BEGINNfNG;
THENCE, CONTINUfNG SOUTH 89'00'01" EAST, 1,617.39 FEET TO A POINT ON A
LINE ESTABUSHEp BY BOUNDARY LINE AGREEMENT RECORDED UNDER KING
COUNTY RECORDING N0. $1 1 01 50749;
TNENCE,
ALONG
SAID LINE,
SOUTN 46°26'33"
EAST 103.45 FEET;.
THENCE,
ALONG
SAID LIME,
SOUTH 34'19'49"
EAS7 64.80 FEET;
THENCE
NORTH
79'05'59"
WEST S$t .27 f EET;
THENCE
NORTN
88'59'57"
WEST 1,156.72 FEET TO A POINT 20.00 FEE7 EAST
OF THE
EAST RI
GNT-OF-WAY MARGIN OF "I"
STREET NORTHEAST;
THENCE
NORTH
01'48'33"
EAST 20.00 FEET
Tn THE POINT OF BEGINNlNG OF
THIS EXCEPTION;
SITUATE iN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
Return Address:
111111111111111111111111111
20080328002411
Auburn City Clerk
PACIFIC NW TIT AG 48.00
City of Auburn
PAGE001 OF 007
5
NG8COUNT
13 A
25 West Main St.
Y
W
KI
Aubum, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
'.nl ~~~--Hold Harmless Agreement ~
Reference Number(s) of Documents assigned or released:
ElAdditional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
Auburn, City of
GranteelAssignee/Beneficiary: (Last name first)
1. Centex Homes
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
That portion of the George E. King Donation Land Claim Number 40 in Section 31, TWP 22 N, Range 5 E. WM
Z Additional legal is on page 7of document.
Assessor's Property Tax Parcel/Account Number
000420-0023
❑ Assessor Tax # not yet assigned
S.ad dc;.•uat;'~Nni(;) wrimrQ fRoc{ ior
Pec(rd by Pacific iNcrrt ~WrGT TMa 06
~r,e3cnr~ ~;ciaur~,z only. ;Z h,;,: nat beert
?xanUned ac io propar oxcduSon or
as b !ts affie~ct npon tttle.
HOLD HARMLESS AGREEMENT
FOR CONSTRUCTION OF IMPROVEMENTS BY AND BETWEEN
THE CITY OF AUBURN AND CENTEX HOMES
THIS HOLD HARMLESS AGREEMENT, hereinafter aiso referred to as the
er+ ~
"Agreement," is entered into effective on the ~ day of 0c~.e~-~~.,~ , 2007, by and
befinreen the City of Auburn, hereinafter referred to as the "City," and Centex Homes, a
Nevada general partnership, hereinafter referred to as the "Applicant," in connection
with the reai property described herein, for the purposes and on the terms and
conditions set forth herein.
WHEREAS, the Applicant owns or controls certain real property located south
of South 277th Street and west of the Green River, Auburn, WA, and described in
Exhibit "A;" and
WHEREAS, the Applicant has received approval from the City for the preliminary
plat of the Trail Run subdivision File No. PLT04-0006 and Resolution No. 3952
(Formerly known as Riversand) on the Property and has proposed and submitted
applications for one or more building permits for foundations within said subdivision
("Building Foundation Permits"); and
WHEREAS, the Applicant wishes to construct said foundations prior to final plat
approval so that construction can occur during summer and early fall,
NOW THEREFORE, for good and sufficient consideration and the mutual
promises and covenants contained in this Agreement, the Applicant and the City agree
as follows:
1. Description of Property. The real property ("Property") which is the subject of
this Agreement is located in Auburn, Washington, and is more particularly
described as set forth in Exhibit "A," attached hereto and incorporated by
reference.
2. Term of Agreement. The term of this Agreement shall run from the date of
execution set forth above till approval of the Final Plat of Trail Run or one year
september 18, 2007 - 1 -
from the date of execution, which ever shall come first.
3. Warranty of Applicant's Authority. The Applicant hereby warrants to the City
that the Applicant is authorized to negotiate and execute this Agreement and to
so bind the Property and all fee owners. The Applicant further warrants that the
Applicant shall comply with all applicable federal, state and local codes and
regulations related to any and all action involved herewith.
4. No Subsequent City Approvals Implied. The Applicant understands and
agrees that the decision of how many Building Foundation Permits shall be
issued is within the sole discretion of the City, that the Applicant is proceeding at
its own risk in locating and/or constructing any building foundations, and that
neither the City's issuance of one or more of the Building Foundation Permits,
nor the ApplicanYs location and/or construction of one or more of the permitted
building foundations, implies or guarantees that the City shall issue any future
permits or approvals for the Property or the Trail Run Subdivision. Any need to
remove, relocate and/or reconstruct any foundations because of a subsequent
permit decision or other approval shall be solely the responsibility of the
Applicant.
5. Building Foundations to Conform to the Trail Run Final Plat. The Annlicant
understands that the City will not approve any final inspections or occupancy
permits out of compliance with the final plat or the Auburn City Code. The
Applicant shall submit individual site plans conforming to the Applicant's
anticipated final plat configuration as part of each application for a Building
Founda#ion Permit submitted prior to final plat approval. Subsequent to approval
of the final plat, the Applicant shall submit individual site plans conforming to the
approved final plat as part of each application for a building permit to complete
the remainder of the structure on the lots having building foundations. If the site
plan submitted with the application to complete the structure does not conform to
the final plat, the Applicant must rectify the situation by either securing a
Boundary Line Adjustment pursuant to Auburn City Code 17.16, securing a Plat
Alteration pursuant to Auburn City Code 'i 7.22, or removing all or a portion of the
september 18, 2007 -2-
foundation to bring the site into compliance with the Auburn City Code.
Variance applications shall not be accepted for said purpose.
6. Hotd Harmless and lndemnification. The Applicant hereby agrees to protect,
defend, indemnify and hold harmless the City of Auburn and its elected and
appointed officials, agents, and employees from and against any and all
damages, losses, penalties, settlements, costs, charges, attorney fees, or other
expenses or liabilities of any kind, whether brought by the Applicant or a third
party, and whether direct or indirect, in connection with, or as a result of, the
City's approval or denial of Building Foundation Permits and any City actions
related to development activities consistent with Building Foundation Permits
issued under this Agreement, including claims based on any project delay
allegedly relating to the City's review of any application for Building Foundation
Permit for the Property or the Trail Run subdivision.
7. Insurance. The Applicant shall be responsible for maintaining, during the term
of this Agreement and at its sole cost and expense, the types of insurance
coverages and in the amounts described below. The Applicant shall furnish
evidence, satisfactory to the City, of all such policies. During the term hereof, the
Applicant shall take out and maintain in full force and effect the following
insurance policies:
a. Commercial General Liability insurance, insuring the City (as an additional
insured) and the Applicant against loss or damages arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named as an additional insured under the
Applicant's Commercial General Liability insurance policy with respect to the
work perFormed pursuant to this Agreement, with minimum liability limits of
$1,000,000.00 combined single limit for personal injury, death or property
damage in any one occurrence.
b. Such workmen's compensation and other similar insurance as may be
required by law.
c. Autornobile Liability insurance covering all owned, non-owned, hired and
September 18, 2007 - 3 -
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
8. Applicable Law. This Agreement shall be governed by and be interpreted in
accordance with the laws of the City of Auburn and the State of Washington.
9. Binding Effect This Agreement shall be binding upon and inure to the benefit
of the successors of each party hereto.
10. Modification. This Agreement shall not be modified or amended except in
writing signed by the City and Applicant or their respective successors in interest.
11. Disclosure Upon Transfer. The Applicant agrees that in the event of a
proposed sale, gift, transfer, segregation, assignment or devise of the Property,
the Applicant shall disclose the existence of this Agreement to the interested
party.
12. No Presumption Against Drafter. Both parties to this Agreement have had the
opportunity for this Agreement to be reviewed and revised by fegal counsel, and
no presumption or rule that ambiguity shall be construed against the party
drafting the document shall apply to the interpretation or enforcement of this
Agreement.
IN WlTNESS WHEREOF, the undersigned have set their hands the day and
date set out next to their signatures.
ClTY OF AUBUR+t..,
- ~ ~
. , -
~
Peter B. Lewis, Mayor
Attest:
September 18, 2007 - 4 -
{1,~''L-~
z"
Danielle E. Daskam, City Clerk
Approved as to Form:
CENTEX HOMES, a Nevada general partnership
By: CenteR,e,al Es ate Corporation, a Nevada Corporation, Managing Partner
14-
Name:
Title: -D cv~ ~ ~rrn ~t~✓'~1c~~~~
september 18, 2007 -5-
~
LEGAL DESCRIPTION
THAT PORTION OF THE GEORGE E. KING DONATION LAND CLAlM NUMBER 40 IN SECTION 31, TOWNSHIP 22 NOR'FH,
RANGE 5 EAST W.M., DESCRIBED AS FOLLOWS:
COMMENCING AT A 6" X 6° SANDSTONE MONUMENT MARKING THE SOUTHWEST CORNER OF THE R.H. BEATTY
DONATION LAND CLAIMS NUMBERS 37 AND 44; THENCE SOUTH 89'00'01" EAST, ALONG THE SOUTN LINE OF SAID
R.H. BEATTY DONATION LqND CLAIM AND THE NORTN LINE OF THE W.A. COX DONATION LAND CLAIM NUMBER 38, A
DISTANCE OF 2,643.18 FEET TO A 2" DIAMETER CONCRETE-FILLED IRON PIFE MARKING THE SOUTHEAST CORNER OF
SAID R.H. BEATTY DONA710N LAND CLAfM AND THE NORTHEAST CORNER OF SAIQ W.A. COX DONATION LAND CLAIM;
THENCE CONTINUING SOUTH 89'00'01" EAST 638.43 FEET TO THE TRUE POtNT OF BEGINNING;
THENCE, CQNTINUING SOUTH 89'00'01" EAST, 1,617.39 FEET TO A POINT ON A LINE ESTABLISHED BY BOUNOARY
LINE AGREEMENT RECORDED UNDER KING COUNTY RECORDING N0. 8110150749;
THENCE ALONG SAID LINE SOUTH 46'26'33" EAST 103.45 FEET;
THENCE ALONG SAID LtNE SOUTH 34'19'49" EAST 211.01 FEET;
THENCE ALONG SAID vNE SOUTH 09•48'39" yyES7 412.45 FEET;
THENCE ALONG SAID LINE SOUTH 01'43'38" EAST 263.60 FEET;
THENCE ALONG SAID LINE SOUTH 06'38'47" WEST 208.18 FEET;
THENCE NORTH 88'49'05" WEST 503.22 FEET;
THENCE NORTH 19'30'00" EAST 110.98 FEET;
THENCE NORTH 88'49'05" 1NEST 1,283.52 FEET;
THENCE NORTH 01'48'33" EAST ALONG A L1NE PARALLEL WITH THE EAST LINE OF SAID COX DONATION LAND CLAIM
1,008.50 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT POR710N THEREOF CONVEYEp Tp THE C+7y OF KENT FOR SOUTH 277TH STREET, DESCRIBED AS
FOLLOWS:
BEGINNING Ai' SAID TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89'00'01" EAST, 1,617.39 FEET TO A POINT ON A L1NE ESTABLISHED BY BOUNDARY
LINE AGREEMENT RECORDED UNDER KIN~: COUNTY RECORDING N0. 8110156749;
THENCE ALONG SAID LINE SOUTH 46'26'33" EAS7 103.45 FEET;
THENCE ALONG SAID LINE SOUTH 34'19'49" EAST 60.80 FEET;
THENCE NORTH 79'05'59" WEST 581.27 FEET;
TNENCE NORTH 88'53'57" WEST 1,156J2 FEET TO A POINT 20.00 FEET EAST OF THE EAST RIGHT-OF-WAY MARGIN
OF I STREET NORTHEAS7;
THENCE NORTH 01'48'33" EAST 20.00 FEET TO THE PQINT OF BEGlNNING OF THIS EXCFPTlON;
51TUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WqSHINGTON
► , ` ,
Return Address:
Aubum City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
~ ( .
20060210@02268
PACIFIC NW TIT ORD 64.00
PAGE003 OF 033
02/10/2008 15:46
KING COUNTY, WA
RFCnRnFa,c rnvFR _cuFFr - - - - - -
Document Title(s) (or transactions contained therein):
Rezone (Planned Unit Development) (Ordinance No. 5971)
Reference Number(s) of Documents assigned or released:
❑Additional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
City of Auburn
Grantee/Assignee/Beneficiary: (Last name first)
1. Centex Homes
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Generally a portion of the George E King Donation Land Claim No. 40 in Section 31, Township 21 Range
SEWM
0 Additional legal is on page _33_ of document.
4ssessor's Property Tax Parcel/Account Number
)Q0420-0023
] Assessor Tax # not yet assigned
Said document(s) wew filed #a'
record by Pacific NoRhweatT"tde as
aocommodation only. lt has tat ton
exatninW as to proper executbn or
as to its affect upon title.
! )
ORDINANCE NO. 5 9 7 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING A REQUEST TO
REZONE APPROXIMATELY 40.9 ACRES FROM MULTIPLE
FAMILY RESIDENTIAL (R4) AND DUPLEX RESIDENTIAL (R3)
TO PLANNED UNIT DEVELOPMENT (PUD) AND
APPROVING THE REQUEST FOR A PLANNED UNIT
DEVELOPMENT AND BINDING SITE PLAN
WHEREAS, Application No. PUD01-0004, dated April 14, 2004, has
been submitted to the City of Auburn, Washington by Rob Purser on
behalf of Centex Homes requesting approval of a rezone request for
approximately 40.9 acres from Multiple Family Residential (R4) and
Duplex Residential (R3) to Planned Unit Development (PUD) and
requesting approval of a Planned Unit Development and Binding Site Plan
in Auburn, Washington; and
WHEREAS, said requests referred to above were referred to the
Hearing Examiner for study and public hearing thereon; and
WHEREAS, pursuant to staff review, the Hearing Examiner conducted
a public hearing to consider said applications in the Council Chambers of
the Auburn City Hall on August 16, 2005, of which the Hearing Examiner
recommended that there is not enough information to make a written
recommendation on the request for approval of the rezone to PUD and
approval of the preliminary plat. For #his reason, the Hearing Examiner
recommends that the requests be remanded to the Planning and
Ordinance No. 5971
IVovember 29, 2005
Page 1 of 31
Community Development Department to allow the Applicant to submit the
following additional information:
1. A plan to provide more definite information on a second general
access for the proposed access that complies with Comprehensive
Plan Policy TR-13. The plan should be more certain than the plan
presently submitted by the Applicant.
2. A traffic impact analysis that addresses the binding site plan (PUD
Exhibit 11), and addresses the different access scenarios that could
occur.
3. Current traffic level of service information to ensure the proposed
project complies with Comprehensive Plan Policies TR-17 and TR-18.
4. A reconfiguration of dedicated park land such that Tracts A through G
are not considered dedicated park land.
The Hearing Examiner recommendation also states that if the information
is submitted to the satisfaction of the Planning Director, the Hearing
Examiner will re-hear those portions of the application. If the Applicant is
unable to submit the information to the satisfaction of the Planning
Director, the Hearing Examiner recommends that the requests for plat and
PUD be denied; and
WHEREAS, at its regular meeting of November 7, 2005, the City
Council voted to conduct a closed record hearing on the Hearing
Examiner's recommendations; and
WHEREAS, a closed record hearing was held November 18, 2005, at
which time the City Council considered the Hearing Examiner's
Ordinance No. 5971
November 29, 2005
Page 2 of 31
recommendations and the material presented to the Hearing Examiner
after which the Council voted to approve Application No. PUD04-0001 with
the conditions recommended by staff; and two additional conditions
consisting of:
1. Lot No. 169 shall be eliminated and Lots No. 167 and 168 shall be re-
oriented to front on the plat's internal public street identified as "P
Street NE" and the adjacent access tract shall be efiminated.
2. Prior to Final Plat approval the Applicant shall submit a plan for review
and approval by the Parks Director to provide a separation, using such
features as short fences, rockeries and mow strips, befinreen the
residential Lots 1-34, Lot 68 and the adjacent dedicated park land
tracts, (Tracts B, D, and F). The requirement for separation shall also
be addressed by the legal instrument setting farth the permanent care
and maintenance of open spaces and park land.
FINDINGS OF FACT
1. The applicant, Centex Homes, has requested approval of a Planned Unit
Deve{opment (PUD) for a single-family and multiple family subdivision on
property that is located south of South 277th Street the in the 1200-1700
block and 20 feet easterly of the undeveloped right-of-way of "I" Street NE.
2. The project is proposed to consist of 172 single-family lots, one multiple
family residential 1ot proposed to contain approximately 115 multiple family
dwelling units and 19 tracts. The size of the single-family residential lots will
range from approximately 3,230 square feet (Lots 19-33) to 7,922 square feet
(Lots 142 &143). Since the praject is propased as a PUD, smaller lot sizes
than typical zoning standards are allowed. The standards for the lots are
cantained in Section 18.69.070 of the PUD chapter of the Zoning Code.
3. The site is proposed to be platted in finro phases. The applicant plans to first
request final plat approval of the western portion of the site including the
multiple family residential lot and 68 of the single-famiiy lots. Temporary cul-
de-sacs and utility services would need to be provided to ensure that each
phase can stand-alone pursuant to Auburn City Code (ACC) Section
Ordinance No. 5971
November 29, 2005
Page 3 of 31
18.69.110. The second final plat would consist of the remaining eastern
single-family 102 lots,
PUD Approval Process
4. PUD's are allowed pursuant to Chapter 18.69 of the Zoning Code. More
specifically, ACC Section 18.69.040 allows PUD's within all residential
Comprehensive Plan map designations of the City, except the "Rural
Residential". The area must have at least 10 acres in order to qualify for a
PUD. The subject project is 40.9 acres in size.
5. The PUD process is a multi-step process. The first step is to rezone the
property to the PUD classification. The rezone is a contract rezone that
defines among other things the land use, density, number and types of
dwelling units, amount and type of open space, and the responsibilities of the
applicant. In the subject case, a preliminary plat for a single-family
development and a binding site plan for the multiple-family portion is being
processed simultaneously, therefore the next steps will be the administrative
approval of infrastructure, construction of the infrastructure, Final Site Plan
approval by the Planning Director for consistency with the binding site plan
and subsequent final plat approval.
6. While construction approvals of the multiple family portion of the site could
typically occur prior to final plat approval because the multiple family portion is
not dependent upon segregation, ACC Section 18.69.210 provides that
construction and development of all improvements for each phase must be
completed or guaranteed before any certificates of occupancy for buildings
are issued.
7. ACC Section 18.69.060 determines the maximum number of units that can be
allowed in a PUD. The number of units is determined by subtracting out any
non-buildable area and then multiplying the remainder by the number of
dwelling units allowed per acre by the Comprehensive Plan. In this case 21.5
acres of the project are illustrated on the Comprehensive Plan map as "High
Density Residential" which allows for 18 dwelling units per acre. Similarly,
19.5 acres of the project are illustrated on the Comprehensive Plan map as
"Moderate Density Residential" which allows for 12 dwelling units per acre.
The applicant has identified 0.03 acres of non-buildable wetland in the "High
Density Residential" portion of the project and 0.43 acres of non-buildable
wetland in the "Moderate Density Residential" portion of the project. The net
21.47 acres of the "High Density Residential" area is multiplied by 18, which
Ordinance No. 5971
November 29, 2005
Page 4 of 31
would allow for 386 dwelling units. The 19.07 net acres of the "Moderate
Density Residential" area is multipiied by 12 and would allow for 228 dwelling
units. The subject PUD could have been allowed 614 dwelling units but only
287 dwelling units are proposed. This is less than half the number of dwelling
units that could be authorized.
8. Overall, then, as proposed the single-family portion of the project comprises
approximately 24.3 acres of the site and approximately 8.26 acres is devoted
to multiple-family residential.
Binding Site Plan Approval Process
9. A binding site plan approval is required for the multiple family portion of the
project. ACC Section 18.69.020(B) provides that for projects that contain
multiple family structures (with three or more dwelling units in a structure) a
binding site plan must be approved. The preEiminary plat approval and
binding site plan approval must be concurrent if a PUD requires both
approvals. ACC Sections 18.69.140 and 18.69.180 provides that the Hearing
Examiner must conduc# a public hearing and City Council action is required.
The binding site plan shall be consistent with the provisions of the PUD and
meet the submittal requirements of ACC Section 18.69.180(A).
10. The north central, approximately 8.26 acres of the 40.9-acre site is praposed
to be developed with a multiple family dwellings consisting of twenty-three, 5-
plexes as part of the planned unit development (PUD). These 115 multiple-
family residences will encircle the inside and outside of a looped private drive
aisle. Access to the multiple famify residences is proposed by two driveways
each with a central landscaped median cannecting to the proposed internal
street, 51St Street NE.
Other Related Approvals
9. Other City appravals have been simultaneausly requested. The applicant has
also applied for two variances to zoning code requirements that are being
processed separately. One variance (VAR04-0005) seeks to reduce the
front, street side and rear yard setbacks for a portion of the single-family lots.
The other variance (VAR04-0006) seeks to eliminate recreational vehicle
(RV) parking spaces that are required for multiple family residential
developments.
Ordinance No. 5971
November 29, 2005
Page 5 of 31
10. The applicant also has requested approval of three deviations to City public
works construction standards by the City Engineer. The deviation requests
include:
• A deviation to the "local residential" street standard to allow a
reduced right-of-way width for 51St street NE, east of M Street NE,
• A deviation to the City's "residential coflector" street standard to
allow a landscaped boulevard section for M Street NE; and
• A deviation for road radii for internal streets.
The City Public Works staff has reviewed each of the deviation requests and
determined they are supportable and approvable but is deferring approval
until after preliminary plat approval to ensure consistency of the decisions.
11.In accordance with ACC Section 17.18.010, the preliminary plat proposal also
includes a"Plat Modification" request from the subdivision code in order to
dedicate less than the required amount of park land. Specifically, the
applicant seeks to compensate for the reduction in undeveloped park area by
fees-in-lieu and improvements. Plat Modification requests are processed
simultaneously with the preliminary plat request. The design requirements of
the PUD regulations at ACC 18.69.080(A)(2) acknowledge that less than the
full dedication of park land is appropriate.
Park Land
12.The PUD must also provide for public park property. The City may allow the
PUD to use the park land to meet its 20% open space requirement. That is
what is being proposed for this PUD. The City's subdivision code refers to
the City's Park Plan for requirements that for every 1000 population of the
plat, 6.03 acres of unimproved park land must be dedicated to the City.
Under the current proposal, 4.85 acres is required to be dedicated and 4
acres is proposed to meet the requirements of the City of Auburn. The areas
consist of the linear park (Tracts A- G) and public park (Tracts O& P). ACC
Section 18.69.080(A)(2) allows the City to accept a lesser amount of park
area if the PUD developer provides improvements to the park land that is
being dedicated. To make up for the 0.85-acre shortfall, the developer
proposes to provide to the City fees-in-lieu of the required dedication and/or
improvements to the dedicated park land.
Open Space
13.ACC Section 18.69.080 outlines certain design requirements that a PUD must
meet. Each PUD must have at least 20% of the buildable area set aside as
Ordinance No. 5971
November 29, 2005
Page 6 of 31
open space. The subject PUD intends for 23.3% open space which consists
of:
* Seven homeowner association maintained open space tracts
proposed as finear park and sidewalk space (Tracts A through G)
paralleling 51st Street NE
* Five homeowners association owned tracts as landscaped open
space (Tracts H through L) distributed at corner locations
* One homeowners association owned tract that will contain wetlands,
wetland buffer and compensatory floodplain storage, if a FEMA map
amendment is not processed (Tract M) at the southwest corner
* Two publicly owned tracts that contain storm drainage facilities and a
wetland and wetland buffer (Tracts N and Q) at the narthwest corner.
Only that portion of the tracts located above the water surface
elevation of the 10-year storm event is counted in order to remain
consistent with the purpose of the open space requirement.
* Two publicly owned tracts proposed as dedicated park land (Tracts
O and P) at the east end
* homeowner association owned and landscaped open spaces within
tne multiple family portion of the site.
Design Requirements Related to Alley-Loaded Lots
14.The applicant proposes three housing styles within the River Sand project:
multiple family residences with five dwelling units to a building, alley-
loaded single family lots (Lot 1 through 67) and the more typical,
detached, single-family lots (Lots 68 through 172). This variety is
proposed in order that the project may be responsive to market
preferences. The applicant indicates that the project is to be marketed to
individuals and young families.
Other Design Requirements
15.Section 18.69.080(D) requires certain design requirements to be met
including architectural treatment of the buildings and other site design
features as lighting, furniture, signs, fencing, etc.
The applicant has provided building elevations (Multiple Family Housing
Elevations and Floor Plans, dated 3/11/04) to illustrate building and
structura( designs that are coordinated and complement the surroundings.
A representative elevation is provided for the multiple family dwellings to
Ordinance No. 5971
November 29, 2005
Page 7 of 31
show modulation, and articulation of the facades to reduce the perception
of bulk and mass (ACC 18.69.080(D)(2)).
Representative design treatments are also provided for the single-family
dwellings comprised of eight designs for the detached lots types. These
range in square footage from singe-story homes of 1,300 square feet to finro
stories of 2,370 square feet. Two housing designs are provided for the alley-
loaded dwellings ranging from single- story 1,500 square feet to finro-stories of
1,733 square feet (Single Family Housing Elevations and Floor Plans, dated
3/11/04). A representative color palette for the homes has been provided in
the color palette: Homescapes, Sherwin Williams, 2002.
16.A conceptual landscape treatment of the PUD is illustrated in the River Sand
PUD Landscaqe Schematic Design, Sheet SD1.1 - SD1.5, Lauchlin R.
Bethune Associates, Inc., July 12, 2005. The plan shows extensive use of
landscaping within the multiple family residential portion of the development
to meet open space requirements. The plan also shows sensitive treatment
of the public stormwater ponds located in Tracts N and Q to ensure that the
storm facilities meet the intent of Auburn Comprehensive Plan Urban Design
Policy UD-6 and the PUD. Coordinated plantings are also proposed for the
other open space tracts and as street tree plantings. The PUD will also
require ornamental/pedestrian type street lighting, some furniture in the open
space areas, and the entrance signs will be coordinated. No landscaping or
site amenities are shown within Tract P in the southeast corner as no
alteration will occur within the shoreline jurisdiction of 200 feet from the
ordinary high water mark of the Green River. No shoreline permit has been
requested.
Sensitive Areas
17. Critical areas on site include wetlands, floodplain and river shoreline areas.
A preliminary geotechnical report and a wetland report were prepared and
reviewed during the SEPA review process. Discussion of the critical areas
and mitigation measures to address impacts on critical areas are incorporated
into the SEPA final Mitigated Determination of Non-Significance issued June
2, 2005 (Please refer to exhibit list). In brief, mitigation includes additional
geotechnical studies, wetland and buffer enhancement, and construction of
floodplain compensation as mitigation.
Pedestrian/Traffic Circulation
Ordinance No. 5971
November 29, 2005
Page 8 of 31
18. Each PUD must promote pedestrian movement. The project wiil also be
responsible for continuation of the trail system along the south side of South
277th Street to the site's western boundary. The PUD will provide a system
of sidewalks along the project streets both within the right-of-way and as
meandering sidewalk within the linear Tracts A through G. The public
sidewalks on each side of M Street NE, north of 51St Street NE are proposed
to meander within public Tracts N and Q that include the project's storm water
ponds. The provision of sidewalks that modulate in distance from the road
provides a superior design and enhanced aesthetics.
The configuration of park land dedication, Tracts O and P, provides room for
future pedestrian connections to the future construction of the Green River
Trail on the west side of the River.
To promote vehicle speeds on the internal 51st Street NE consistent with
pedestrian circulation, traffic calming will be provided as determined by the
City Engineer at the time of roadway design. A plat condition is proposed to
implement this requirement.
19. Since access to the existing alignment of the undeveloped right-of-way of I
Street NE is unfeasible due to intervening land ownership, access is
proposed via a single boulevard-type access to South 277th Street at the
northwest corner of the site. On an interim basis this boulevard access would
accommodate full vehicle movements and would be signalized. Upon
construction of an additional roadway access from the west, generally along
the extension of 49th/51st Street NE alignment and completion of I Street NE
to S 277th Street (as depicted in the NE Auburn/Robertson Properties Final
Environmental Impact Statement (EIS)), the temporary signal would be
removed and the permanent channelization shall be installed on S 277th
Street at the intersection to prevent left turns into and out of the plat (right-in
right-out only). The permanent channelization would be to City of Kent
standards.
20.This development can meet Comprehensive Plan Policy TR-13 by providing a
permanent boulevard-type road approach to S 277th Street from the plat as
approved by the City Engineer. The boulevard shall have a divided roadway
with central landscape median. This access shall inciude a temporary traffic
signal at the intersectian of the boulevard approach and S 277th Street. Also
to satisfy Policy TR-13, prior to the issuance of a building permit for the
equivalent of the 76th single family unit within the plat, the applicant shall
financially secure the completion of a second permanent access route
Ordinance No. 5971
November 29, 2005
Page9of31
consisting of the construction of a 24-foot wide paved roadway with adequate
shoulder and storm drainage provisions along the east-west alignment of a
new 49th/51 st NE befinreen the proposed boulevard and the new "I" Street
alignment and the new "I" Street NE between 49th Street NE and S 277th
Street, plus a span wire traffic signal at the intersection of the new I Street NE
and S 277th Street. When the second permanent access route is
constructed, the intersection of the boulevard approach and S 277th Street
shall have its temporary traffic signal removed and permanent channelization
shall be installed on S 277th Street at the intersection to prevent left turns into
and out of the plat. The applicant shall pay to the City $495,000, which in
addition to the development's normal traffic impact fees provides adequate
funding to secure the second permanent access route improvements and
related improvements. In the event the City's traffic impact fees are
increased prior to payment of the $495,000. this mitigation fee may be
correspondingly decreased.
21. Notice of the future second permanent access route and the future
intersection modifications (the future removal of the temporary traffic signal at
the intersection of the boulevard roadway and S 277th Street and the
installation of permanent channelization on S 277th Street to prevent left turns
into and out of the plat, described above) will be recorded on the face of the
plat and on each individual property title within the plat. In addition to this
notice, adequate on-site signage of such future traffic impcovements must be
provided as directed by the City.
22.At the time of plat construction secondary emergency access will be provided
to the plat from S 277th Street by means of the establishment of one or more
emergency accesses a minimum of 20 feet in width. These secondary
emergency accesses shall prohibit general traffic use through the use of
gates or bollards to the satisfaction of the Fire Marshal and City Engineer.
23. While initially the internal road lengths will exceed City policies related to the
length for dead-end roads without providing foc secondary access connection
until the 49th/51 st Street NE extension is constructed, financially
guaranteeing construction of a second access point at the 76th dwelling unit
will minimize the circulation impacts and maximize consistency with City
Policy TR-13.
24. The internal street network of the plat will consist of finro stacked loop roads
with three north-south interna{ connections and will be dedicated as public
right-of-way. The internal roads will be constructed to the City's "Local
Ordinance No. 5971
November 29, 2005
Page 10 of 31
Residential" street standard except where deviations to City design and
construction standards are determined appropriate. The project will also
include alley-Ioaded lots accessed by 18-foot roadways within 20-foot rights-
of-way. Two access tracts meeting City standards will provide access to lots
at the east and south portions of the plat.
25. Traffic calming devices will be required on the internal street, 51 st Street NE,
in order to prevent public safety hazards that may result from excessive
speeding on straight, flat roadways, especially as the transitions from a
"Residential Collector" to "Local Residential" west to east through the site.
Prior to Final Plat approval, traffic calming to the satisfaction of the City
Engineer shall be insta(led on 51st Street NE or the construction financially
guaranteed. Traffic calming measures may include but are not limited to
traffic circles, etc.
26. The right-of-way of S 277t" Street in the area of the project is currently within
the City of Kent's jurisdiction. The design and construction of the roadway
access, temporary signalization and frontage improvements including trail and
drainage will require approvals from the City of Kent. The applicant has
coordinated with the City of Kent and consistency is addressed in the Letter
from Gary Gill, City of Kent to Jeff Dixon City of Auburn, dated December 15,
2004 indicating general acceptability of the project's access concept.
SEPA
27.On June 2, 2005 the City issued a Final Mitigated Determination of Non-
Significance (FMDNS) (File Number SEP04-0037) for the proposed rezoning
to PUD and including #he platting and development. The FMDNS contains 17
conditions (mitigation measures). The conditions prescribe geotechnical
procedures, wetland mitigation, floodplain compensation, archeological and
cultural resources, haul routes, traffic circulation and water line extension
requirements.
CONCLUSIONS
Jurisdiction:
Pursuant to Auburn City Code (ACC) 18.66, the Hearings Examiner is
granted jurisdiction to hear and make recommendations to the City
Council. Jurisdiction for the Hearings Examiner to make
recommendations for an application for rezone is pursuant to ACC
Ordinance No. 5971
November 29, 2005
Page 11 of 31
14.03.040(D) and 18.68.030, for approval of an application for a PUD is
pursuant to ACC 18.69.140.
Criteria for Review:
Along with the requirements set forth by the Washington State Supreme
Court, in order TO APPROVE A REZONE, the Hearings Examiner must
find that the following criteria, as set forth in ACC 18.68, are satisfied:
1. The rezone shall be consistent with the Comprehensive Plan.
2. The rezone was initiated by a party, other than the City, in order for the
Hearing Examiner to hold a public hearing and consider the request.
3. Any change or modification to the rezone request made by the Hearing
Examiner or the City Council shall not result in a more intense zone
than the one requested.
In order TO APPROVE A PUD, the Applicant must satisfactorily
demonstrate that the proposed PUD achieves, or is consistent with, in
whole or in part, desired public benefits and expectations. Pursuant to
ACC 18.69.150, the proposal must demonstrate sufficient findings of facts
to support the following:
1. The proposal contains adequate provisions for the public health,
safety, and general welfare and for open spaces, drainage ways,
streets, alleys, other public ways, water supplies, sanitary wastes,
parks, playgrounds, or sites for schools.
2. The proposal is in accordance with the goals, policies, and objectives
of the comprehensive plan.
3. The proposal is consistent with the purpose of ACC 18.69, provides for
the public benefits required of the development of PUDs by providing
an improvement in the quality, character, architectural and site design,
housing choice and/or open space protection over what would
otherwise be attained through a development using the existing zoning
and subdivision standards.
4. The proposal conforms to the general purposes of other applicable
policies or plans which have been adopted by the City Council.
Ordinance No. 5971
November 29, 2005
Page 12 of 31
5. The approval of the PUD will have no more of an adverse impact upon
the surrounding area than any other project would have if developed
using the existing zoning standards of the zoning district the PUD is
located in.
6. The PUD must be consistent with the existing and planned character of
the neighborhood, including existing zoning and comprehensive pfan
map designations, and the design guidelines set forth in ACC
18.69.080(D).
DECISION
Based on the Facts, Findings and Conclusions, the City Council hereby approves
the rezone request with the following conditions.
1. Lot No. 169 shall be eliminated and Lots No. 167 and 168 shall be re-
oriented to front on the plat's internal public street identified as "P Street
NE" and the adjacent access tract shall be eliminated.
2. Prior to Final Plat approval the Applicant shall submit a plan far review and
approval by the Parks Director to provide a separation, using such
features as short fences, rockeries and mow strips, between the
residential Lots 1-34, Lot 68 and the adjacent dedicated park land tracts,
(Tracts B, D, and F). The requirement to maintain the separation shall
also be addressed by the required legal instrument setting forth the
permanent care and maintenance of open spaces and park land.
3. Prior to final plat approval, the Applicant shall secure JARPA approval
from the Army Corps of Engineers to relocate the north-south drainage
ditch and associated easement located within the western one-third of the
site as shown on the plat.
Ordinance No. 5971
November 29, 2005
Page 13 of 31
4. The Applicant shall submit a legal instrument setting forth a plan or
manner of permanent care and maintenance of open space, recreational
areas, private roads, park fand, and other communally-owned facilities.
No such instrument shall be acceptable until approved by the city attorney
as to its legal form and effect. Common spaces shall be guaranteed by a
restrictive covenant describing that the space, its maintenance, and
improvement are appurtenant to the land for the benefit of the residents of
the planned unit development and adjoining property owners. The final
plat shall grant easements to the City of Auburn in all private open space
and park land tracts so that the City may perform maintenance in the
event of improper maintenance by the homeowners' association. All
maintenance shall adhere to City of Auburn standards.
5. Prior to final plat approval, traffic calming devices shall be financially
guaranteed for installation on 50th and 51st Streets NE. Traffic calming
methods and design must be approved by the City Engineer prior to final
plat approval.
6. Prior to issuance of construction approvals, the Applicant sha{I prepare a
sight distance plan for review and approval by the Planning and Public
Works Directors. The plan shall document the sight distance triangles at
all intersections and corners and shall define measures to ensure
maintenance and protection of sight distances within lots and tracts,
including easements. This may result in minor changes to the plat design
to ensure that all applicable requirements are satisfied.
Ordinance No. 5971
November 29, 2005
Page 14 of 31
7. The Applicant shall prepare a Final Landscaping Plan that demonstrates
that all landscaping in the public rights-of-way, storm drainage tracts, and
open space tracts conform to City standards. The plan must demonstrate
conformance with standards for acceptable tree types and root barriers,
etc., and must also show coordination with utility and road improvements.
The plan must also include maintenance and conform the standards in
ACC 18.50.070. The Applicant shall provide root deflection devices or
similar mechanisms for all trees planted within five feet of curbs,
sidewalks, or pavement to ensure mature trees does not contribute to
pavement deterioration. Care should be taken by the Applicant to account
for individual lots' ingress and egress when defining the location of
proposed street trees. The landscaped median of "M" Street NE shall be
the responsibility of the homeowners' association and be included in the
landscaping maintenance plan. The plan must be approved by the
Planning Departrnent prior to final plat approval.
8. In order to meet subdivision requirements of ACC 17.12.260 related to
dedication of recreation land and based on the submitted preliminary plat,
the applicant shall either;
a. Dedicate 4.85 acres of land generally in the location identified as
Tracts O& P on the Preliminary Plat, by DBM Engineers, dated
5/25/05 and in a configuration acceptable to the Parks Director; or,
b. Alternatively, the City will accept the lesser dedication of 4.0 acres
within the areas identified as Tracts A-G, O& P an the Preliminary
Plat, by DBM Engineers, dated 5/25/05 The remainder of the required
land (0.85 acres) to meet the recreation land dedication standard shall
be in the form of a voluntary agreement with the City, acceptable to the
Ordinance No. 5971
November 29, 2005
Page 15 of 31
City of Auburn Parks Director, to provide a fee-in-lieu of dedication
estimated to be the amount of $141,312.50. The estimated calculation
is based on the currently proposed 287 dwelling units and a formula of:
community parks development cost of ($166,250.00 per acre) X 0.85
acres. The actual amount shall be paid prior to final plat approval for
each phase, shall be based on the number of units / lots proposed for
each final plat application.
9. The linear trail Tracts A through G, as identified on the Preliminary Plat, by
DBM Engineers, dated 6/28/05 shall be maintained by the developer
and/or the home owner's association as a condition of the final plat. The
maintenance schedule and responsibilities shall be identified in the CCR's
whose language shall be reviewed and approved by the Parks Director
prior to final plat approval and recording. A maintenance easement shall
be provided on the final ptat.
10.The developer agrees to and shall be responsible for construction of a
play area featuring a minimum of nine (9) play events to accommodate
over thirty-five (35) children. In a space whose minimum fall zone is 1,050
square feet, 1/2 basketball court, irrigation system, and landscaping in
Tract O. The materials supplied and installed must meet the current Park
Department standards as supplied by the Parks Director prior to
installation and final plat approval.
11.As part of the engineering/construction drawings that are typically
submitted for construction of the subdivision there shall also be submitted
engineering/construction drawings for the construction of park
improvements in Tract "O". The park improvements shall be approved by
the City of Auburn Parks Director prior to the approval of the construction
drawings for the plat. The materials supplied and installed must meet the
Ordinance No. 5971
November 29, 2005
Page 16 of 31
current City Parks Department standards and be approved by the Parks
Director prior to installation and final plat approval.
12. To address the impacts from the project's new impervious surFaces, the
Applicant shall comply with one of the following prior to final plat approval:
a. Storm drainage facilities shall be constructed on-site to limit the off-site discharge for the post-developed 100-year flow to less
than 7.2 cubic feet per second (cfs). 7.2 cfs is the capacity of downstream culvert number four that would be ovenvhelmed from
the storm water generated by the project in the event of a 100-year storm and saturated ground. Culvert number four is a 24-inch
storm drainage culveR located within the King County right-of-way of 86`" Avenue South approximately 800 feet north of 86'"
Avenue South's intersection with South 277t' Street.
b. The Applicant shall secure approvals from the appropriate ageocies for replacement of downstream culvert number four. The
replacement culvert must have a minimum capacity of 93 cubic feet per second to correspond with the combined capacity of the
tributary culverts located upstream. Culvert number four is a 24-inch storm drainage culvert located within the King Counry
right-of-way of 86`" Avenue South approximately 800 feet north of 86'' Avenue South's intersection with South 277" Street.
c. The Appticant shall secure approvals from the appropriate agencies to provide an alternate downstream storm drainage route
terminating in the Green River. The Applicant shafl demonstrate to the satisfaction of the City Engineer that the alternate
drainage route has adequate hyclraulic capacity to convey the post-developed 100-year flow with saturated ground prior to
construction authorization. The Applicant shall demonstrate to the satisfaction of the City that the altemate drainage route would
have no adverse environmental effects.
13. Pedestrian/ornamental street lights shall be installed by the Applicant
along the interior streets and sidewalks of the plat. The style of the lights
shall be consistent with City standards or be an ornamental style similar to
the "Whatley, Washington Series 405 fluted fiberglass pole with acorn-
style post-top fixture" as submitted in the preliminary plat application. The
City Engineer shall review the spacing and location of the lights to ensure
that adequate lighting is provided along the surface of all streets and any
adjacent sidewalks.
14. Home designs shall be consistent with the drawings entitled "Multiple
Family Housing Elevations and Floor Plans," and "Single Family Housing
Elevations and Floor Plans," both dated March 11, 2004 as submitted as
Ordinance No. 5971
November 29, 2005
Page 17 of 31
part of the preliminary plat application. Home exterior colors shall be
consistent with "Color Palette, Homescapes, Sherwin Williams, 2002," as
submitted as part of the preliminary plat application, except that the "Bright
and Bold" color scheme shall not be used.
15. The final landscape design shall be generally consistent with the
preliminary landscaping plan as submitted by the Applicant as part of the
preliminary plat application. The project will also require furniture in the
open space areas, and coordinated fencing and entrance signs. Bench
furniture and fencing shall be generally consistent with those designs
submitted as part of the preliminary plat application. Furniture and fencing
shall be of consistent design and material throughout the project. Any
entrance signs shall be a low monument style with landscaping accents.
The number of signs, their style, placement, and landscaping shall be
approved by the Pfanning Director prior to final plat approval.
16.The Applicant has proposed that Lots 1 through 67 shall be accessed only
through an alley. The final plat shall include a requirement that Lots 1
though 67 shall be developed as alley-loaded lots unless the Applicant
documents and demonstrates to the satisfaction of the Planning Director
that market demand for this housing style does not exist. In the event that
a lack of market demand is sufficiently demonstrated, a reduced number
of alley-loaded lots will be required for Lots 35 through 67 only.
17. Prior to the issuance of clearing and/or grading permits subsequent to
permit No. GRA04-0025 issued August 27, 2004, the Applicant shall
Ordinance No. 5971
November 29, 2005
Page 18 of 31
furnish the City of Auburn City Engineer and appropriate City of Kent staff
person with a proposed haul route and schedule for hauling soil material
to and/or from the site for review and approval by both entities. If, in the
opinion of the city representatives, such hauling will adversely impact the
street network, hauling hours may be coordinated and limited to
appropriate off-peak hours or alternative routes. The haul route plan shall
also include a traffic control plan for approval by the City of Kent and the
City of Auburn. The Applicant shall submit a Haul Route Plan prior to
Phase I final appravals to avoid any traffic impacts generated by truck trips
during the construction and grading phases.
18.The recommendations of the geotechnical report "Geotechnical Report
River Sand Street NE and South 277th Street," by Terra Associates,
Inc., dated February 4, 2004 (attached as Plat Exhibit 19) and/or other
subsequent site specific soils or geotechnical reports shall be incorporated
into clearing, grading, and other appropriate construction plans
subsequent to permit No. GRA04-0025 issued August 27, 2004, as
determined by the City Engineer. Special cansideration shall be given to
the recommendations for storm pond design identified in the geotechnical
report.
19.The Applicant's grading plans subsequent to permit NO. GRA04-0025
issued August 27, 2004 shall be prepared in conjunction with and
reviewed by a licensed geotechnical engineer. The geotechnical engineer
shall develop and submit, for the City's review, specific recommendations
to mitigate grading activities giving particular attention to developing a plan
Ordinance No. 5971
November 29, 2005
Page 19 of 31
to minimize the exposure of on-site soils and address grading and related
activities during wet weather.
20.A licensed geotechnical engineer shall monitor on-site rough/preliminary
plat grading activities subsequent to permit No. GRA04-0025 issued
August 27, 2004 to ensure that the recommendations of the preliminary
geotechnical report and any additional conditions or requirements are
implemented. Based on recommendations of the geotechnical report, the
geotechnical engineer should review final design and specifications to
verify that earthwork and foundation recommendations have been properly
interpreted and implemented in the project design. The geotechnical
services to be provided during construction are to observe compliance
with the design concepts, specifications, and geotechnical report
recommendations.
21. Upon completion of rough grading and excavation, a geotechnical
engineer shaN re-analyze the site and determine if new or additional
mitigation measures are necessary. If warranted, a revised geotechnical
report shall be submitted to the City of Auburn for review and approval by
the City Engineer.
22. Prior to the placement of fill in addition to that authorized by permit No.
GRA04-0025 issued August 27 2004, the City Engineer shall approve the
source of the imported fill material for all structural fill and other fill
activities. Compaction monitoring and testing shall be required for all fill
areas, both structural and non-structural for City review. Compaction
Ordinance No. 5971
November 29, 2005
Page 20 of 31
reports for structural fill shaU be provided to the City Engineer for review
prior to acceptance.
23. Prior to issuance of grading permits subsequent to permit No. GRA04-
0025 issued August 27, 2004, a wetland hydroperiod analysis shall be
submitted to the City for review and approval. The analysis shall include a
pre-developed analysis of the existing hydrologic volume tributary to the
wetlands, and post-developed volumes from tributary areas directed to the
wetlands. A wetland biologist shall be consulted to verify the appropriate
hydrologic support necessary to maintain existing wetland's function and
value. If augmentation is warranted to reduce or avoid impacts, rooftop
drainage or other acceptable means can be directed ta the wetlands at a
volume approximating existing conditions to maintain hydrologic support of
the wetlands. A monitoring plan/program shall also be developed for City
review and approval. The Department of Ecology's Stormwater
Management Manual for Western Washington (2001) wili provide
guidance for performing the wetland hydroperiod analysis, information on
maximum acceptable hydroperiod alteratians, recommendation for
reducing development impacts on wetland hydroperiod and water quality,
recommendation for flow control and treatment for stormwater discharges
to wetlands and recommendation for post-development wetiand
monitoring.
24. Prior to approval of the grading permit subsequent to permit No. GRA04-
0025 issued August 27, 2004, (or approval of half-street improvements to
S 277th Street unless it is demonstrated to the satisfaction of the Planning
Director that the half-street improvements will not result in wetland filling)
Ordinance No. 5971
November 29, 2005
Page 21 of 31
a final wetland mitigation plan shall be prepared and submitted for review
and approval by the Planning Director and Public Works Directors. The
plan shall be approved prior to the issuance of the subsequent grading
permits or other construction permits. If applicable, the plan shall identify
the amount of wetland impact associated with half-street improvements to
S 277th Street and any associated wetland mitigation.
The plan shall include the proposed construction sequence, grading and
excavation details, erosion and sedimentation control features needed,
planting plans specifying species, quantities, locations size, spacing, and
density, source of plant materials, propagules and seeds, water and
nutrient requirements for plants and water level maintenance practices.
Mitigation for reduction in wetland functions from the disturbance and
increased proximity of development shall consist of enhancement of
wetland buffers. Wetland mitigation shall be provided in general
accordance with recommendations identified in the report: "Conceptual
Wetland Mitigation Plan of the River Sand Property", J.S. Jones and
Associates Inc., January 26, 2005, as modified by the Final Staff
Evaluation and MDNS. Major elements of the mitigation plan shall
include:
a. A final wetland mitigation plan, report and monitoring program,
maintenance plan and contingency plan shall be submitted for
review and approval in accordance with the recommendations of
the delineation and conceptual mitigation reports, and as modified
by the MDNS conditions and Final Staff Evaluation. The plans and
supporting hydrologic analysis shall establish goals and objectives
to monitor and measure the success of the wetland mitigation
project.
b. The wetland buffers shall be a minimum of fifty (50) feet in width
for Wetland 1 and an average of twenty-five (25) feet in width for
Ordinance No. 5971
November 29, 2005
Page 22 of 31
Wetland 2 and incorporate the following characteristics: areas of
flattened slopes (ranging from 4:1 to 6:1 in gradient) adjacent to the
wetland edge to provide habitat transition areas; and dense
plantings of vegetation native to the northwest that will provide
shade and cover for local wildlife. A main#enance plan for the
buffer shall also be prepared and submitted concurrently for review
and approval.
c. The wetland enhancement areas shall be designed to include
elements of water saturation (hydrology) and be vegetated with
obligate, facultative wetland plants or facultative (hydrophytic)
vegetation native to the Pacific Narthwest. Trees and other
vegetation designed to provide food and cover for local wildlife shall
be incfuded.
d. The proponent shall as directed, be required to provide the
Auburn Building Official with services of an approved biologist with
expertise in wetfand buffer enhancement, for purposes of
inspecting wetland work activities on the City's behalf for
conformance with approved plans and specifications. En addition,
the biologist shall be retained for a minimum of five years following
completion of all wetlands work to monitor the progress of the
enhanced wetlands, and to inspect the replacement of
unsuccessful plant and habita# materials in accordance with the
approved plans. A minimum of biannual monitoring and inspection
and annual reports, indicating achievement of goals and objectives,
and project status, shall be filed with the Planning Department
throughout the five-year monitoring program, with a final report
provided at the end of the monitoring program.
e. Filling and grading of the site and wetlands mitigation work may
occur concurrentfy. The mitigation construction shall be complete
prior to issuance of final plat.
f. An appropriate security equivalent to 125 percent of the cost of
all wetlands mitigation work shall be submitted to the Auburn
Building Official prior to #he issuance of grading permits, and shall
be kept active for a minimum of five years following completion of
ali wetlands construction in an amount commensurate with the
moni#oring program and contingency plan. At the end of the
Ordinance No. 5971
November 29, 2005
Page 23 of 31
monitoring program, the City shall release the security if remedial
action is not required.
g. Following completion and acceptance of all wetlands mitigation
work, no clearing, grading or building construction shall occur within
the wetlands mitigation area, except as may be authorized by the
City of Auburn for: protection of public health, safety and welfare;
maintenance purposes, passive recreation improvements or
contingency mitigation work.
h. The surveyed wetland area shall be clearly indicated on all
construction plans approved by the City, indicating the purpose and
any limitations on the use of the area. The boundary of the wetland
shall be based on the wetland boundary confirmed by the Army
Corps of Engineers (ACOE) by letter dated May 22, 2003
(reference: File No. 2002-4-00613) and its buffer shall be staked in
25-foot intervals. This staked line shall continuously remain in
place and serve as clearing and construction limits throughout the
project for all construction activities adjacent to the wetlands area,
or as required by the City.
25.The purpose and intent of the following condition is to discourage the
uncontrolled intrusion of humans into the mitigation area, provide a
passive recreation opportunity, and to ensure long term protection. The
foNowing information and improvements shall be required by the Applicant:
a. Interpretive signs shall be installed and maintained at 150-foot intervals along the boundary of
wetland buffers. The signs shall be constructed of a permanent and durable material and indicate the
wetland resVictions related to the use of the area. The sign locations, construction details, and text
shall be specified in final mitigation plan.
b. The wetlands and wetland buffers shall be encumbered by a conservation easement granted to the
City of Aubum. The easement shall state that any uses within the easement area shall be approved
by the Planning Director. The uses shall be consistent with the purpose of the wetland and stream
buffer and be a general benefit to the public. Evidence that the easement has been executed aud
recorded is required prior to issuance of any occupancy permits for the site.
26. Unless a FEMA map amendment is approved to eliminate on-site
floodplain, prior to issuance of a grading permit authorizing fill placement
in the floodplain the Applicant shall prepare and submit a Flood
Ordinance No. 5971
November 29, 2005
Page 24 of 31
Compensation Plan. The plan shall demonstrate how compensatory flaod
storage wi[I be provided for the project concurrently with site filling. The
flood storage shall be provided incrementally as the flood stage rises from
the seasonal low average, up to and including the 100-year flood
elevation. The campensatory storage shall be provided at a ratio of one to
one (displacement to replacement). The flood storage must be designed
based on seasonal groundwater elevations with appropriate supporting
analysis. The plan mus# be approved prior to issuance of a grading permit
to fill the floodplain.
27. Unless a FEMA map amendment is approved to eliminate on-site
floodplain, the area of the compensatory flood storage and associated
access shall be encumbered by a drainage easement granted to the City
of Auburn. The easement shall state that any uses within this area shall
be approved by #he Planning and Public Works Directors. The easement
language shall be prepared by the Applicant and approved by the City and
shall convey maintenance and inspection access to the City. Evidence
that the easement has been executed and recorded is required to be
shown on the final plat.
28. Prior to the issuance of a grading permit subsequent to permit number
GRA04-0025 issued August 27, 2004 that includes excavation or
disturbance of the existing ground surface elevation, the Applicant shall
prepare a historic/cultural resources monitoring plan as recammended by
the report "Archaeological and Histarical Resources Survey of the
Proposed River Sand PUD, King County, Washington," (Plat Exhibit 24).
The monitoring plan shall es#ablish a protocol for the inadvertent discovery
Ordinance No. 5971
November 29, 2005
Page 25 of 31
of human remains. The monitoring plan shail also detail what cultural
materials may be expected on-site, qualifications of the on-site monitor,
the authority of the on-site monitor to halt excavation/construction
activities, a protocol for assigning significance to identified materials, and
safety requirements for the monitor's activities. A copy of the report shall
be provided to OAHP, the City of Auburn, and the Muckleshoot Tribe upon
its completion. The Applicant shall demonstrate to the City of Auburn that
the monitoring report recommendations have been addressed prior to
commencement of any permitted excavation or disturbance of the existing
ground surface elevation. Also, in accordance with the report's
recommendations, an on-site monitor shall be present during excavation
or disturbance of the existing ground surFace elevation.
29. The intersection of "M" Street NE and South 277th Street shall include a
temporary traffic signal. Prior to the issuance of the building permit for the
76th housing unit within the plat, the Applicant shall financially secure the
completion of a second permanent access route consisting of the
construction of a 24-foot wide paved roadway with adequate shoulder and
storm drainage provisions along the east-west alignment of a new
49th/51st Street NE befinreen "M" Street NE and the new "l" Street NE
alignment. The Applicant shall also financially secure completion of the
new "I" Street NE befinreen 49th Street NE and South 277th Street, plus a
wire span traffic signal at the intersection of the new "I" Street NE and
South 277th Street. When the second permanent access is constructed,
the temporary traffic signal at "M" Street NE and South 277th Street shall
be removed and permanent channelization to City of Kent standards shall
be installed in its place. The Applicant shall pay the City $495,000, which
Ordinance No. 5971
November 29, 2005
Page 26 of 31
in addition to the development's normal traffic impact fees, provides
adequate funding to secure the second permanent access route
improvements and related improvements. In the event the City's traffic
impact fees are increased prior to payment of the $495,000, the mitigation
fee may be correspondingly decreased.
30. Notice of the future second permanent access route and the future
intersection modifications shall be recorded on the face of the final plat
and on each individual property title within the plat. In addition to this
notice, adequate on-site signage of such future traffic improvements shall
be provided as directed by the City.
31.At the time of plat construction, secondary emergency access shafl also
be provided to the plat from South 277th Street by means of the
establishment of emergency accesses a minimum of 20 feet in width from
South 277th Street. These traffic accesses shall prohibit general traffic
use through the use of gates or bollards to the satisfaction of the Fire
Marshal. Fire lanes shall be posted in accordance with the Auburn City
Code. Notice signs shall be maintained in a clean and legible condition at
all times and be replaced or repaired when necessary by the homeowners'
association to provide adequate visibility.
32. Prior to final plat approval, the Applicant shal( financially secure the
completion of a 12-inch of-site waterline for completion of the looping of
waterlines to meet the Water Comprehensive Plan Level of Service
criteria. The Water Comprehensive Plan Improvements would consist of
Ordinance No. 5971
November 29, 2005
Page 27 of 31
approximately 1,200 linear feet of 12-inch waterline along the proposed
extension of "I" Street NE from 45th Street NE to 49th Street NE and
approximately 1,300 linear feet of 12-inch waterline along an east-west
alignment of a new 49th/51 st Street NE befinreen the proposed new "I"
Street NE alignment and the River Sands Development west property line.
The Applicant shall pay to the City $82,000, which combined with the
development's normal System Development Charges, provides adequate
funding to secure the water system improvements. In the event the City's
Water System Development charges are increased prior to payment of the
$82,000, this mitigation fee may be correspondingly decreased.
33. The Applicant shall pay school impact fees to the Kent Schoo! District as
dictated by the City of Auburn and the Kent School District's school impact
fee agreement. The Applicant, the Cities, and the District shall agree on a
method of providing safe bus stops prior to final plat approval, and the
approved method shall be noted on the final plat map.
34.The project shall not at any time disturb or encroach upon the 200-foot
shoreline buffer of the Green River.
35.The approval of the PUD is only valid upon the approval and execution by
the Auburn City Council of the associated preliminary plat, File No. PLT04-
0006.
36. Given the relatively narrow frontages of the proposed single-family residential
lots and the impact on pedestrians (and wheelchairs) from elevation changes due
Ordinance No. 5971
November 29, 2005
Page 28 of 31
to a series of closely spaced driveways, the local residential road cross section
shown on the preliminary plat shall be revised to show the landscape planting
strip abutting the curb on both sides of the street.
1.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Approval. The rezone request is hereby approved to
rezone approximately 40.9 acres from Multiple Family Residential (R4)
and Duplex Residential (R3) to Planned Unit Development (PUD) and the
request for approval of a Planned Unit Development and Binding Site Plan
is hereby approved, and as legally described in Exhibit A attached hereto,
subject to the conditions as outlined above.
Section 2. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any ciause,
sentence, paragraph, subdivision, section or portion of this ordinance, or
the invalidity of the application thereof to any person or circumstance shall
not affect the validity of the remainder of this ordinance, or the validity of
its application to other persons or circumstances.
Section 3. Recording. Upon the passage, approval and
publication of this Ordinance as provided by law, the City Clerk of the City
Ordinance No. 5971
November 29, 2005
Page 29 of 31
of Auburn shall cause this Ordinance to be recorded in the office of the
King County Auditor.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 5. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
INTRODUCED: DEC 5 2005
PASSED: DEC 5 2005
APPROVED: DEC 5 2005
CITY OF/A
~
P TER B. LEWIS
MAYOR
Ordinance No. 5971
November 29, 2005
Page 30 of 31
ATTEST:
Ly
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
City Attorney
Ordinance No. 5971
November 29, 2005
Page 31 of 31
Publication:
EXHIBIT 'A'
LEGAL DESCRIPTION FOR PLT04-0006 AND PUD04-0001
THAT PORTION OF THE GEORGE E. KING DONATION LAND CLAIM (D.L.C.) NO. 40 IN
SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST W.M. DESCRIBED AS FOLLOWS:
COMMENCING AT A 6" X 6" SANDSTONE MONUMENT MARKING THE SOUTHWEST
CORNER OF THE R.H. BEATTY D.L.C. NUMBERS 37 AND 44; THENCE SOUTH 89-00'01"
EAST, ALONG THE SOUTH LINE OF SAID R.H. BEATTY D.L.C. AND THE NORTH LINE OF
THE W.A. COX D.L.C. NO 38, A DISTANCE OF 2,643.18 FEET TO A 2" DIAMETER
CONCRETE-FILLED IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID R.H.
BEATTY D.L.C. AND THE NORTHEAST CORNER OF SAID W.A. COX D.L.C.;
THENCE, CONTINUING SOUTH 89-00'01" EAST, 638.43 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE, CONTINUING SOUTH 89-00'01", 1,617.39 FEET TO A POINT ON A LINE
ESTABLISHED BY BOUNDARY LINE AGREEMENT RECORDED UNDER KING COUNTY
RECORDING NO. 8110150749;
THENCE, ALONG SAID LINE, SOUTH 46-26'33" EAST 103.45 FEET;
THENCE, ALONG SAID LINE, SOUTH 39-19'49" EAST 211.01 FEET;
THENCE, ALONG SAID LINE, SOUTH 09-48'39" WEST 412.45 FEET;
THENCE, ALONG SAID LINE, SOUTH 01-43'38" EAST 263.60 FEET;
THENCE, ALONG SAID LINE, SOUTH 08-38'47" WEST 208.18 FEET;
THENCE, NORTH 88-49'05' WEST 503.22 FEET
THENCE, NORTH 19-30'00" EAST 110.98 FEET;
THENCE, NORTH 88-49'05" WEST 1,283.52 FEET;
THENCE, NORTH 01-48'33" EAST ALONG A LINE PARALLEL WITH THE EAST LINE OF
SAID COX D.L.C., 1,008.50 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR SOUTH
277T" STREET, DESCRIBED AS FOLLOWS:
BEGINNING AT SAID TRUE POINT OF BEGINNING;
THENCE, CONTINUING SOUTH 89-00,01„ EAST, 1,617.39 FEET TO A POINT ON A LINE
ESTABLISHED BY BOUNDARY LINE AGREEMENT RECORDED UNDER KING COUNTY
RECORDING NO. 8110150749;
THENCE, ALONG SAID LINE, SOUTH 46-26'33" EAST 103.45 FEET;
THENCE, ALONG SAID LINE, SOUTH 34-19'49" EAST 60.80 FEET;
THENCE NORTH 79-05'59" WEST 581.27 FEET;
THENCE NORTH 88-59'57" WEST 1,156.72 FEET TO A POINT 20.00 FEET EAST OF THE
EAST RIGHT-OF-WAY MARGIN OF "I" STREET NORTHEAST;
THENCE NORTH 01-48'33" EAST 20.00 FEET TO THE POINT OF BEGINNING OF THIS
EXCEPTION;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
C1TY OV * *
A-UBUR'N Peter B. Lewis, Mayor
* WASHINGTON 25 West Maln Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
FINAL
MiTIGATED
DETERMINATION OF NON-SIGNIFICANCE
SEP04-Q037
DESCRIPTION OF PROPOSAL: Rezoning from R-4, Muitiple Family Residentiaf and R-3, Two-
Familv Residential to a Planned Unit Development (PUD) desiqnation, initial short platfing into
two lots and the subseauent preliminarv plat approval of a subdivision into appraximately 172
sinqle family 1ots, one multiple familv lot with approximatelv 115 dwe[linq units and seventeen
tracts and bindinq site plan approval of the multiple familv development a!I under the provisions
of the PUD. The proposal includes #he site prepara#ion, construction and dedication of new
public streets within and adiacent to the plat, the construction of privately-owned recreational
spaces, the installation of on-site landscapinq, utilities and the dedication of fand to be used for
a public park. The project includes approval of devlations for street s#andards variances from
sinqle- familv setbacks and RV parkjnCi and a modification to plat standards relafed to park land
dedication.
PROPONENT: Rob Pursuer Centex Homes
LOCATION: The area south of South 277th Street and west af #he Green River
LEAD AGENCY: Citv of Auburn
The Responsible Official of the City of Auburn hereby makes the following Findings of Fact
based upon impacts identified in the environmental checklist and the "Final Staff Evaluation #or
Environmental Checklist No. SEP04-0037", and Conclusians of Law based upon the Auburn
Comprehensive Plan, and other Municipal policies, plans, rules and regulations designated as a
basis for the exercise of substantive authorify under the Washing#on State Environmental Policy
Act Rules pursuant to R.C.W. 43.21C.060.
FINDINGS OF FACT:
1. The proposed project action involves one parcel #otaling approximately 40.9 acres with
split zoning. The proposal is located at the northern edge of #he Auburn city limits and
abuts Kent (the roadway of S 2770' Street) and unincorporated King County to the north.
Certain off-si#e improvements are proposed in Kent. The City of Auburn serves as
SEPA lead agency for the proposal as provided in WAC 197-11-932.
2. The proposed action, referred to as "River Sand" consists of the rezaning from R-4,
Muftiple Family Residential and R-3, Two-Famify Residential to a Planned Unit
Development (PUD) designatifln, initial short plafting into fwo lots and the subsequent
preliminary plat approval of a subdivision into approximafely 172 singfe family lofs, one
multiple family lot wi#h approximately 115 dwelling units and seventeen tracts and
binding site pian appraval of the multiple family development, all under the provisions of
the PUD. The proposal includes the site preparatian, construction and dedication of
new public strests within and adjacent to the plat, the construction of privately-owned
recreational spaces, the instal(ation of on-site iandscaping, utilities and the dedication of
AUBUR.N* MORE THAN YOU IMAGINED
DETERMINATION OF NON-SIGNEFICANCE SEP04-0037 (Continusd) Page 2
land to be used for a public park. The project includes approval of deviations for street
standards, variances from single-famify setbacks and relief from RV parking and a
modification to plaf standards re(ated to park land dedication.
3. The proposal includes substantiaf grading and clearing, street improvements (including
off-site improvements in Kent) construction of utilities and wetland mitigation. The
proposal is to be constructed and receive final plat in two phases.
4. Construc#ion will consist of the excavation and removal fram the site of approximately. .
20,000 cubic yards of organic soifs. The project will a(so require the importation of
approximately 325,000 cubic yards of soil for generai site filling for the sub-base under
paving and to raise site to equal grades with the adjacent right-of-way and properties, to
provide cover for utili#ies and to achieve the grades necessary for adequate site
drainage. Approximateiy 25,000 cubic yard of excavation and backfiEl will be necessary
for the insfalfation of uti(ities. Approximatefy 80,000 cubic yards of excavation and
15,000 cubic yards of filfing are proposed for building footings and storm drainage
system canstruction, respectively. The on-site street construction is estimated to
inc(ude 75,000 cubic yards of fill and 15,000 cubic yards of excavation.
5. The importation and placement of up to 200,004 cubic yards of fill has previously been
authorized by cify permi# GRA04-0025 from the adjacent wetland mitigation construc#ion
site by #he Port of Seattie.
6. The applicant's geotechnical report: "Geotechnical Report River Sand 1st Strest NE
and South 277th Sfreet," Terra Associates (nc. February 4, 2004, contains
recommendations related to site development that will be incorporated into the project
deslgn. The praject has the poten#ial for differential settlement and erosion if
precautionary geotechnical recommendations are not followed.
7. This propasal includes imporfing up to 325,000 cubic yards of material #o the site. The
temporary truck trips generated by fhe construction operations will likely cause adverse
impacts to traffic operations and Kent and Auburn streets during peak traffiic hours and
will thus generate increased levels of focal suspended particulate emissions. A haul
route plan must be prepared with specific traffic control measures and submitted ta the
appropriate jurisdictions to reduce or avaid impacts.
8. Construction activify will include the on-site grading of existing soils and could result in
potential water quality degradafion that will be mitigated through the compliance with the
development regulations prescribed in the City's Design and Construction Standards.
9. Site preparation and construction activifies will generate increased levels af focal
suspended particulate emissions.
10. The applicant indicates #hat the project incfudes consfruction of impervious surtaces
over appraximately 50 percent of the site. The constructian af paved surfaces will
adverseiy impact the area's wafer qualiky unfess mitigation measures are imp(emented
DETERMINATION OF NON-SIGIVIFlCANCE SEP44-0037 (Continued) Page 3
consistent with the guidelines prescribed in the City's Design and Construction
standards.
11. Stormwater runoff from the plat will be collecEed and #reated ort-site in a system
designed in accordance with the City of Auburn Design and Construction standards,
Runoff assaciated with off-site road improvemen#s located in Kent wilf be designed in
accordance with respective design standards. StormwaEer wilf be released to an
exisfing ditch system in King County that flows north and eventually discharges to the
Green River. Additional information on the projec#'s starm water system is described in
the report: Storm Drainaae Report for River Sand PUD, DBM Consulting Engineers,
March 31, 2004. The report identifies the existing drainage pattern of the site and the
proposed storm drainage system.
12. Empervious surfaces will increase the quantity of storm water discharge from the site.
The project's storm drainage facifities must be properly designed and constcuc#ed to
accommodate the increased runoff in accordance with the guidefines prescribed in the
City of Auburn's adopted standards.
13. LacEc of maintenance is known to reduce the effectiveness of stormwater colfection and
treatment facilities, resulting in water quality degradation.
14. The proponent's report: Wetland Assessment of the Bristol Propertv S 277'" Street and
West of the Green River, Auburn WA, J.S. Jones Associates Inc., January 39, 2002,
revised July 30, 2002 idenfifies that the site contains two wetlands. Subsequentiy, the
Army Corps of Engineers modified the delineation via a Letter from Gaif Terzi ta Jeffrev
Jones, May 22, 2003 verifying the wetland boundaries in the attached map. The site
contained two weflands: a 1,243 square foot (0.43-acre) wetland at the northwest corner
and an 18,655 square foot (0.43-acre) wetland, which -is part of a larger off-site wetland
at the sauthwest corner. The letter also noted that the site contained thee ditches
meeting the defini#ion af "Waters af the U.S". The app(icant proposes to retain, protect
and avoid filling the on-site wetlands. To protect site wetlands and compensate for the
loss o# we#land functions, mifigation measures are necessary for the site to be
developed.
15. The project also includes filling or floodplain storage excavation up #o the edge of the
existing wetlands. This earthwork has the potential to result in adverse wetland impacts
if the fill is not properiy placed and controlled. Under the current condition, the area of
the buffer has previously been disturbed and fherefore contains limited vege#ation.
16. The projec# could potentially resu(t in disruption to the func#ions and values of the
existing site wetlands by adding pollutants and crea#ing human intrusians not currently
present. The provision of a wefland buffer enhanced.with dense planting of native
vegetation of a suf#icient width is necessary #o reduce and avoid wetland impacts.
17. To compensate and mitigate the loss of wetfand functional vatues associated with
construction disturbance, a conceptual miiigation plan was prepared. Information on the
proposed mitigation is contained in the report: Conceptuaf Wetiand Mitiqation Plan of
DETERMINA710N OF NON-SfGNiF1CANCE SEP04-0037 (Continued) page 4
the River Sand Proaer#y, J.S. Jones and Associates Inc., revised January 26, 2005, To
reduce or avoid impacts, the proposed construcfion includes observing a fifty (50) foat
minimum enhanced buffer arourtd We#fand 9(Category ff) and observing an average of
twenty-five (25) foot enhanced buffer around Wetiand 2(Catsgory IV). According to
the report, the existing buffer does not contain suitable buffer vegetation and buffer
enhancemen# is proposed as a resuit. The enhancement around Wetland 1
{appraxima#ely 68,836 square feet including the adjacent Tract J} and the buffer
enhancement around Wetiand 2(appraximately $,034 square feet) will be replanted with
native trees and shrubs to create a forested communi#y with habitat structures added.
The enhancement of Wetland 2, itself, by replanfing is afso proposed.
78. The proposed excavation, modification of ground surtace and impervious surface
construcfion proximate to the sites wetlands could potenfially resuft in disruption to the
func#ions and values of the exis#ing site wetlands by altering hydrologic support. An
analysis af the potentiaE hydrologic changes and implementation of enhancement
recommendations is necessary to reduce and avoid wetland impacfs. The repor#
Conceptual Wetland Mitiqation Plan of the River Sand Propertv, J.S. Jones and
Associates Inc., revised January 26, 2005. states: " Wetiand 2 may require
supplemsntal hydrofogy I order #o match the pre and post hydrology condition. Pre and
post hydrologic calcufation will be provided by the civil engineer at the time of final
engineering."
19. To help ensure the long-term preservation of the wetiand mitigation area and to
discaurage the uncontrolfed intrusiort of humans into the wetland mitigation area,
mitigation signage and easement will be required.
24. Based on current FEMA maps, the site cantains 100-year flood plain associated wi#h the
Green River. The hydraulic connection to the River is focated north of the site. Unless
a FEMA map amendment is secured to eliminate the on-site portion of floodplain, a
filaod zone control permit will be required by the City to complete the project as
proposed,
21. The proposed development wi11 include placement of compacted filf within the flaodplain
thereby increasing runoff and reducing the site's floodwater sforage capacity. The
proposed ear#hwork will resuEt in floodwater displacement and poten#ial off-si#e flooding
impact if mitigation measures are nat implemented. The project would ei#her provide
100% compensatory storage on-site through excavation of areas southwest of Wetland
1 or through construction af compensatory storage on the Port of Seattle property to the
south by ofhers.
22. A portion of the eastem boundary of the site is adjacent to the Green River. King
County property intervenes along the remaining porkion of the eastern property
boundary. There are on-site areas along the eastern boundary within 200 feet af the
ordinary high water mark fhat thsrefore are within areas subject to the "Conservancy"
designation of the City's Shoreline Management Program. According ta the plat and
environmental checklist application, this area of shoreline jurisdiction is proposed to
remain undisturbed with this project and dedicated #o the City for future recreational use.
DE7"ERMINATION OF NON-StGNiFICANCE SEP04-0037 (Confinued) Page 5
23. While the site contains limited vegetation due to previous agricultural use, the proposed
development acfion wili eliminate vegetation over the majority of the site. The measures
to provide wetlartd buffering, and revegetation of the si#e with code-required iandscaping
will assisf in reducing impacfs to vegetative and wildlife resources.
24. A report was prepared to evaluate the presence or likely presence of any hazardous
materiafs. The report: "Phase I Environmental Site Assessment Praaosed River San
Estates Soufheast Corner of the Northeast I Street and South 277 Street, The Riley
Group, August 8, 2003, indicates none were found.
25. Concurrent with the plat and PUD applications, the applicant has requested deviations
for sfreet standards, a variance from rear yard se#backs and a modification to plat
standards related to park land dedication. '
26. The proponent prepared a historic and cultural resources study: "Archaeoloqcal and
Historical Resources Survev of the Proposad River Sand PUD King County
Washinqton," Entrix lnc., Augusf 10, 2004. The investigation did not discaver any
historically significan# resources, but identifies that the site's potential to contain
archaeofogica( resources cannot be discounted. Based upon the moderate to high
. prabability of resources, the study recommends development of a construction
monitoring plan and future monitoring of ground disturbing activities. If any items of
possible cultural or historic significance are encountered during cons#ruction activities,
work will be haited and the contractor must contact the proponent, the City of Auburn,
the Muckleshoot Culfural Program and the State Office of Archaeofogy and Historic
Preservation immediately.
27. The Traffic fmpact Analysis Rivsr Sand PUD, was prepared by Transportation
Consulting Northwest, Apri(12, 2004. The report was revised June 24, 2004 and
supplemented on September 27, 2004. This analysis with subsequenf revisions and
supplements concludes that the proposed project wil[ generate 254 PM peak hour #rips
including 165 entering and 89 exi#ing trips in the PM peak hour based on the identified
trip rate during an average weekday.
28. At the time of finai plat approval, fhis development can meet Comprehensive Plan Policy
TR 13 by providing a permanent boulevard-type road approach to S 277t' Street from
the plat as approved by the City Engineer. The boulevard shaEl have a divided roadway
with central landscape median. This access shall include a temporary traffic signal at
the intersection of the boulevard approach and S 277t' Street. !n addition, prior #o the
issuance of a building permit for the equivafent of the 76fh single family unit within the
pEat, the appficant shall financially secure the campletion of a second permanent access
route consisting of the construction of a 24-faot wide paved roadway with adequate
shoulder and storm drainage provisions along the east-west alignment of a new
49th/51st NE between the proposed bou(evard and the new "I" Street alignmen# and the
new Street NE between 49th Street NE and S 277t' Street, plus a span wire traffic
signal at the intersecfion of the new "I" Street NE and S 277t' Street. When the second
permanent access route is consfructed, the intersection of the Boulevard approach and
DE7ERM[NATION OF NON-SIGNIFlCANCE SEP04-0037 (Continued) Page 6
S 277th Street shall have the #emporary fraffic signal removed and permanent
channelization shai( be installed on S 277th S#reet at the in#ersection in order to prevenf
lef# turns into and ouf of the pfat. The applicant shaH pay to the City $495,000, which in
addition to the development's normal traffic impact fees, provides adequate funding to
secure the second permanent access route improvements and related improvements.
In the event the City's traffic impact fees are increased prior to payment of the
$495,000, fhis mitigation fee may be correspondingly clecreased.
29. Notice of the future second permanent access rouke and the future intersection
modifications (the future removal of the temporary traffic signaf at the intersectian of the
Boulevard approach and S 277'' Streef and the installafian of permanent channelizafion
on S 277" Street #o prevent feft turns into and out of the p(at, deseribed above} shall be
recorded on the face of the plat and vn each individual property title wifhin the pfat. In
addition to this notice, adequate on-site signage of such future traffic improvements
must be provided as directed by the City.
30. Af the time of plat construction secondary emergency access shall also be provided to
the pEat from S 277t' Street by means of the establishment of one or more emergency
accesses a minimum of 20 feet in width. These secondary emergency accesses shall
prohibit general traffic use through the use of gates or bollards to the satisfaction of the
Fire Marshaf and City Engineer,
31. Whife initially the internal road lengths will exceed cify polices related to the iength for
dead-end roads without praviding for secondary access connection unEit the 49thl51 st
Street extension is cons#ructed, financially guaranteeing construction of a second
access point at the 76th dwel[ing unit wili minimize the impacts to a point of non-
significance.
32. The City of Auburn adopted a Transpor#ation Impact Fee under Ordinance No. 5506.
The traffic impact fee is collscted at the time of building permit.
33. The applicant musf obtain right-af-way use permits from Kent in order to construck
frontage improvements, temporary signaliza#ion and street access to S 277th Street
within Kent's jurisdic#ion.
34. The proposaf is locafed in the Kent School Dis#rict. The City has an interlocal
agreement wi#h the Kent School District to coflect impact fees on their beha[f.
35. An existing METR4 sewer line sxists within the S 277" Street right-of-way wi#h a 12-
inch skub to the south side af the street. 8-inch mains are proposed to be extended
within the project's roadways to serve the lots. The projecf may necessitate the use of
grinder pumps for a few of the single-family homes that cannot be served by gravity. As
per the Sanitary Sewer Comprehensive Plan Chapter 5"Alternative Sewage Disposal
Systems" which states: "it is the Ci#y's policy to transport sewage by gravity as the
most cost-effective me#hod. Alternative pressure systems shauld be permitted anly in
those circumstances when a gravity system would be impractical, unreasonably
expensive, environmentally destructive or otherwise infeasible. "
DETERMiNATION OF NON-SIGN1FlCANCE SEP04-0037 (Continued) Page 7
36. Currently no water lines exist in the project vicinity. (n order to provide water service to
the groject, the proponent will at a minimum construct a new 12-inch pipeline along S
277 Street from Auburn Way N to a point along the north propsrty boundary sufficient
for construction of a looped water system in accordance with the improvements
identified within the City's Comprehensive Water Pian (Improvement number DS-603-
108,109).
37. In order to meet city policies and sfandards for water system reliability and multiple
directionaE flows, prior to any Final Plat approva(, the applicant shall financially secure
the completion of a second 12-inch off-site waterline for completion of the laoping of
waterlines to meet the Wa#er Comprehensive Plan l.evel of Service criteria. The Water
Comprehensive Plan lmprovements would consist of approximately 1,200 linear-feet of
12-inch waterline along the propased extension of Sfrest NE from 45th Street NE to
49th Street NE and approximately 1,300 Einear-feet of 12-inch waterline along an east
west alignment of a new 49th/51st NE between the proposed new "I" Street alignment
and the River Sands Development west property line. The applicant shall pay to the City
$82,000, which combined wi#h the development's normal System Development
Charges, provides adequate funding to secure the secand permanent water system
improvements. In the event the City's Water System Development charges are
increased prior to payment of the $82,000. this mifigation fee may be correspondingly
decreased. The water line construction will need to be coardina#ed with the City of Kent
since the right-of-way is within their jurisdiction.
38. The "Final Staff Evaluation for Environmental Checklist No. SEP04-0037" is hereby
incorporated by reference as though set forth in fuil.
CONCLUSIONS OF LAW:
Staff has concluded that a MDNS may be issued. This is based upon the environmental
checklist and its attachments, and the "Final Staff Evaluation for Enviranmental Checklist". The
MDNS is supported by Plans and regulations formally adopted by the City for the exercise af
substantive authority under SEPA. The following are City adopted poGcies, which support the
MDNS;
1. The City shali seek ta ensure that land not developed or otherwise modified in a manner
which will result in or significantly increase the patential for slope slippage, landsiide,
subsidence or substantial soil erosion. The Cify's development standards shall dictate
the use of Besf Management Practices to minimize the poten#ial for these problems
(Policy EN-64, Auburn Comprehensive Plan (ACP)).
2. Where there is a high probability of erosion, grading shoufd be kept to a minimum and
disturbed vegetation should be restored as soon as feasible. The City's development
standards shafl dictate the use of Best Management Practices for clearing and grading
activity (Policy EN-65, ACP).
DETERMWATION 0F NON-SIGNIFICANCE SEP04-0037 (Coniinued) Page 8
3. Large scale speculative filling and grad':ng activities not associated with a development
proposal shall be discouraged as it reduces a vegeta#ed site's natural ability fo provide
erosion control and biofiltration, absorb storm water and filter suspended particulates. !n
instances where speculative fiUing is deemed appropriate, disturbed vege#ation shali be
restored as soon as possible and appropriate measures to contro( erosian and
sedimentation until fhe site is developed shall be required (Policy EN-67, ACP).
4. The City shall seek to secure and maintain such levels of air quaiity as will protect
human heafth, prevent injury to plant and animal life, prevenf injury to praperfy, foster
the comfort and convenfence of area inhabitants, and facilitate the enjoyment of the
natural attractions af the area (Policy EN-16, ACP).
5. The City shall encourage the retention of vegefatian and encourage landscaping in
order to provide filtering of suspended particulates (Policy EN-18, ACP).
6. The City shall cansider the impacks of new development on air quality as a part of its
environmentaf review process and require any appropriate mitigating measures (Poficy
EN-20, ACP).
7. Stormwater drainage improvement projects that are proposed to discharge to
groundwater, such as open wa#er infiltra#ion ponds, shall provide for surtace water
pretreatment designed to standards outlined in the Washington State Department of
Ecofogy's Stormwater Management Manual for fhe Puget Sound Basin. Drainage
improvement projects that may potentially result in fhe axchange of surface and ground
waters, such as detention ponds, shali also incorporate these standards. [Policy EN-2,
Auburn Comprehensive Plan (ACP)]
8. The City shall seefc to minimize degradation to surface water quality and aquatic habitat
of creeks, streams, rivers, ponds, lakes and other water bodies; to preserve and
enhance fhe suitability of such water bodies for contact recreafion and fishing and to
preserve and enhance the aesthetic quality ofi such waters by requiring the use of
curren# Best Management Practices for control of stormwater and non-point runoff.
(Policy EN-3, ACP)
9. The City wiif regulate any new s#orm water discharges to creeks, streams, rivers, ponds,
iakes and other water badies wikh the goal of no degradation of the water quafity or
habitat of the receiving waters, and where feasibfe seek opportunities to enhance fhe
water quality and habitat of receiving waters. (Policy EN-4, ACP)
10. The Cify wili seek to ensure that the quality of water leaving the City is of equivalent
quality to the water enfering. This will be accomplished by emphasizing prevention of
polfution ta surFace and ground waters through education programs and implementation
and enforcemen# of Best Management Practices. (Policy EN-19, ACP)
11. The City shall consider the impacts of new development on water qualify as part of its
environmental review process and require any appropriate mitigating measures.
Impacts on fish resources shalf be a priority concern in such reviews, (EN-13, ACP)
DETERMINATION OF NON-SIGNIFiCANCE SEP04-0037 (Continued) Page 9
12. The C"tty shail consider the impacts of new deve(opment on hazards associated with
soils and subsurface drainage as a part of its environmental review process and require
any appropriata mitigating measures. (Palicy EN-71, ACP)
13. Starmwater drainage improvement projects that are proposed #o discharge to
groundwater, such as open wafer infiltration ponds, shalf provide for surface water
pretreatment designed to standards outlined in the Washington State Deparkment of
Ecology's Stormwater Management Manual for the Puget Sound Basin. Drainage
improvement projects fhat may potentially result in the exchange of surface and graund
waters, such as detention ponds, shall also ineorporate these standards. (Policy EN-2,
ACP) .
14. Where passible, streams and river banks should be kept in a natural eondition, and
degraded sfreambanks should be enhanced or restored. (Policy EN-6, ACP)
15. The City's design standards shall ensure that the post deveiopment peak stormwater
runaff rates do not exceed the predevelopment rates. (Poficy EN-10, ACP)
16. The City wiil seek to ensure that #he quality of water leaving the City is of equivalent
quality to the water entering. This will be accomplished by emphasizing prevention of
pollution to surface and ground waters through education programs and implementa#ion
and enforcement of Best Management Practices. (Policy EN-11, ACP)
17. The City shall consider the impacts of new development on water quality as part ofi its
environmentai revisw process and require any appropriate mi#iga#ing measuces.
Impacts on fish resources shall be a priority concern in such reviews. (Policy EN-93,
ACP)
18. The Cify shall require the use of Best Management Practices to enhance and protect
water quality as dictated by the City's Design and Construction Standards and the
Washingtort State Depar#ment of Ecalogy's Stormwater Management Manual for the
Puget Sound Basin. ln all new development, approved water quality treatment
measures that are applicable and represent the best available science or technology
shall be required prior to discharging storm waters into the City storm drainage system
or into environmentally sensitive areas (e.g. wetlands, rivers, and groundwater.) (Policy
EN-'!4, ACP)
99. The City recognizes that new development can have impacts including, but not limi#ed
to, floading, erosion and decreased water quality on downstream communities and
natural drainage courses. The Cify sha{I continue to actively participate in deve(oping
and implementing regional water quality planning and fiood hazard reducfion efforts
within the Green River, Mil1 Creek and Whi#e River drainage basins. The findings and
recommendations of these regional efforts, including, but not limited to, the "Draft"
Special Area Management Plan (SAMP) for the Mill Creek Basin, the "Draft" Mill Creek
Ffood Con#rol Plan, the Green River Basin Program Interlocai Agreement, and the Mill
DETERMINATIQN OF NON-SIGNIFICANCE SEP04-0037 (Continued) Page 10
Creek Water Quality Management Pian, shaif be considered by the City as City
pragrams and plans are devefoped and updated, (Policy EN-15, ACP)
20. The City recognizes the value and efficiency of utilizing existing natural systems (e.g.,
wetlands) for starm water conveyance and starage. However, these natural systems
can be severely impacted or destroyed by fhe uncontrolfed release of contaminated
storm waters. Prior to utilizing natural systems for sform drainage purposes, the City
shalf carefufly consider the potentiaf for adverse impacts #hrough the environmental
review process. Important natural systems shall not be used for storm drainage
storage or conveyance, unless it can be demonsfrated that adverse Impacts can be
adequately mi#igated to a less than significant level. (Policy EN-16, ACP)
21. The Cify recognizes that stormwater freatment facilities do no# function efficiently unless
maintained. The City shall strive to ensure that pubfic and private stormwater collecfion,
detention and treatment systems are property maintained and functioning as designed.
(Policy EN-17, ACP)
22. The City shall seek to protect any unique, rare or endangered species of plants and
animals found within the City by preventing the indiscriminafe and unnecessary removal
of trees and groundcover; by promoting the design and development of landscaped
areas which provide food and cover fiar wildlifie; and by protecting and enhancing the
quality of aquatic habitat (Policy EN-23, ACp).
23. The City shall consider the impacts of new developmen# on the quality of land, known ar
suspee#ed fish and wi(dlife habitats (Map 9.2) and vegefafive resources as a part of its
environmental review process and require any appropriate mitiga#ing measures. Such
mitigation may invofve the retention of significant habitats and the use af native
landscape vegetation. (Policy EN-24, ACP)
24. The Ci#y recognizes the imporfant biological and hydrological roles that wetlands play in
providing plant and animal habitat, profecting water quality, reducing the need for man-
made flood and storm drainage systems, maintaining water quaiity, and in providing
recreational, apen space, educafional and cu[tural oppartunifies. The City will consider
these roles and functions in all new development and will also pursue vpportunities to
enhance the exisfing wet[and system when these multipfe benefits can be achieved.
(Policy EN-27, ACP)
25. The City recognizes tha# wetlands provide varying degrees af biological and hydrological
functions and values to the community depending on the size, complexity and location of
fhe individual system, and that the overall degree of fiuncfions and values should be
considered when reviewing proposals which impact wetlands. In a simifar manner, khe
ievels of pratection afforded to a wetland shall be cansistent wifh its existing function
and values. The City shall continue to prornote policies and practices of enhancing the
wetlands that are hydraufically connected to the rivar systems to improve fish resources
and aquatic habikat. (Policy EN-28, ACP)
DE7ERMINATlON OF NON-SIGMFICANCE SEP04-0037 (Continued) Page 11
26. The Cify shal) consider the impacts of new development on the quality of we#land
resources as part of its environmental review process and shail require appropriate
mitigation and monitoring measures af impartant wetland areas. Such mitigation may
involve conservation, enhancement or restoration or rep[acement of important wetlands,
and provisions for appropriate buffering. The goal af the mitigation should be no ne#
lass of wetland functions and vafues. A permanent deed restric#ion shail be placed on
any weflands created or enhanced to ensure that they are preserved in perpetuity.
(Policy EN-29, ACP)
27, Wetlands which are associated with a river or stream, or provide significant plant and
animal habitat oppartunities are recognized by the City as the mos# important wetland
systems, and shall receive the highest degree of protection and mitigation through
conservation, enhancement or relocation measures. Wetlands which are limited in size,
are isolated from major hydrological systems or provide limited hydrological or plant and
animai habitat opportunities may be considered by the City for development and
displacement in conjunction with appropriate mitiga#ion. (Policy EN-34, ACP)
28. The City shall seek to protect human health and safety and #o minimize damage ta the
property of area inhabitants by minimizing the potential for and extent of ilooding or
inundation. (Policy EN-57, ACP)
29. Flood prone properties ou#side of the floodway may be developable provided that such
developmen# can meet the standards set forth in the Federal flood insurance program.
(Policy EN-58, ACP)
30. Site plan review sha11 be required under SEPA for any significant (e.g. over the SEPA
threshold) development in the ffood plain. Appropriate mitigating measures shall be
required whenever needed to reduce potentiaf hazards. (Policy EN-60, ACP)
31. The City shall enact ordinances and review development proposals in a manner which
restricts and controls the discharge of starm water from new development. At a
minimum the peak discharge rate after develapment shall not exceed the peaEc
discharge rate before development. (Policy EN-62, ACP)
32: The City's development standards should require control and managemenf of storm
waters in a manner which minimizes impacts from flooding. (Policy EN-63, ACP)
33. The City shall consider the impac#s of new development on frequently f(ooded areas
(Map 9.5) as part of ifs environmental review process and require any appropriate
mitigating measures. As par# af this review process, fiood engineering and impact
sfudies may be required. Within FEMA designated 100 year fioodpiains and other
designa#ed frequentiy flooded areas, such mitigafion may include flood engineering
studies, the provision of compensatory flood storage, fioodproofing of structures,
elevating of structures, and downstream or upstream improvements. (Policy EN-64,
ACP)
DETERMINA710N OF NON-SfGNIFICANCE SEP04-0037 (Confinued) - Page 12
34. Developers in flaodprone areas shall provide geotechnical information which identifies
seasonal high groundwater elevations for a basis to design stormwater facilities in
conformance with Ci#y design criteria. (Poiicy EN-67, ACP)
35. The City recognizes the important benefits of nakive vegeta#ion incfuding its role in
attrac#ing native wildlife, preserving the natural hydrology, and maintaining the natural
character of the Pacific Northwest region. Native vegetation can also reduce the use of
pesticides (thereby reducing the amount of contaminants thaf may enter nearby wafer
systems) and reduce watering required of non-native s ecies thereb
p ( y promofing
conservation). The Cify shali encourage the use of native vegetation as an integral part
of public and private development plans through sfrategies that include, but are not
iimited to, the follawing:
• Encauraging the use of native pfants in sfreet landscapes and in pubGc facilities.
• Providing greater clarity in development regulations in haw native plants can be used in
private development proposals.
• Pursuing apportunities to educate the pubiic about the benef[#s of native piants. (Policy
EN-33, ACP)
36. Deve)opment regulations shall emphasize the use of nafive plant materials that
complemenf the natural character of the Pacific Northwest and which are adaptabfe to
the cfimatic hydroiogical characteristics of the region. Regufations should provide
specificity as to native plant types in order to facili#ate fheir use. (Policy EN-33A, ACP)
37. The City shalf discourage the unnecessary disturbance of natural vegeta#ion in new
development. (Policy EN-34, ACP)
38. The City shaif encourage the use of wa#er conserving pfanfs in landscaping for both
public and private projects. (Policy EN-35, ACP)
39. The City shal( seek to retain as open space #hose areas having a urtique combinatian of
open space values, including: separation ar buffering between incompatibfe land uses;
visual delinea#ion of the City or a disfinct area or neighborhood of the City; unusually
productive wildlife habi#at; fioodwater or storm water storage; storm water purification;
recreational vafue; hisforic or cu(tural value; aesthetic va(ue; and educational value.
(Policy PR-7, ACP)
44. The Ci#y shall seek to retain as open space those areas that provide essential habitat for
any rare, threatened or endangered plant or animais species. (Policy PR-9, ACP)
41. The City shall encourage development which maintains and improves the existing
aes#he#ic character of the cammuni#y. (Policy UD-1, ACP)
42. Storm drainage facilities shall incorporate high standards of design to enhance the
appearance of a site, preclucle the need for security fencing, and serve as an amenity.
The design of above ground s#orage and conveyance faciiities shouid address or
incorporate landscaping utilizing native vegetafion, minimal side slopes, safety,
maintenance needs, and func#ion. The facilities should be lacated within rear or side
DETERMINATION OF NON-SIGNiFICANCE SEP04-0037 (Confinued) Page 13
yard areas and the design should preclude the need for security fencing whenever
feasible. (Policy UD-6, ACP}
43. The visuaf impact of large new developments shouid be a priority considerafion in their
review and approval. (Policy UD-9, ACP)
44. Ail new development shalf be required to underground on-site uti(ity distribution service
and telecommunicatian Eines. (Policy UD-12, ACP)
45. 7he City shall seek to minimize fhe exposure of area inhabi#ants to excessive levels of
ligh# and glare. Performance measures for light and glare exposure to surrounding
development shouid be adopted and enfiorced. (Policy EN-43, ACP)
46. The City shal{ encourage development, which maintains ar irnproves the existing
aesthetic character of the community (Policy UD-1, ACP).
47. Storm drainage facilities shalE incorporate high standards of design to enhance fhe
appearance of a site, preclude the need for security fencing, and serve as an amenity.
The design o# abave ground storage and conveyance facilities should address or
incorporate iandscaping ufilizing native vegefation, minimal side slopes, safety,
maintenance needs, and function. The facilities should be located within rear or side
yard areas and the design should preclude the need for security fencing whenever
feasible. (Policy UD-6, ACP)
48. The visual impact of large new developments should be a priority consideration in their
review and approval (Policy UD-9, ACP).
49. All new development shali be required to underground on-site utility distribufion, service
and telecommunication lines (Policy UD-12, ACP).
50. The City shall sncourage the protection, preservation, recovery and rehabilitation of
significant archaeological resources and historic sifes. (Policy HP-1, ACP)
51. The City shall consider the impacts of new development on historical resources as a
part of its environmental review process and require any appropriate mi#igating
measures. (Policy HP-3, ACP)
52. Improvements fhat serve new developments will be constructed as a part of the
development process. AlI costs will be borne by the development when the proposed
new streets serve the deve(opment. ln some instances, the City may choose ta
participate in this construcfion where improvements serve more than adjacent
developments. The City will encourage the use of LIDs, where appropriate and
financially feasible, and to facilitate #heir development. The City will consider developing
a traffic impact fee system (Policy TR-23, ACP).
DETERMINATION OF NON-SIGNlFtCANCE SEP04-0037 (Confinusd) Page 14
53. The City shall consider both #he transit impacts and the opportunities presented by
major development proposals when reviewing deveiopment under the State
Environmental Palicy Act. (Policy TR-30, ACP)
54. The City shall explore opportunities to promate aiternatives to single accupancy vehicfe
travel, including carpooling and vanpooling; walking, biking, and other non-motorized
modes. (Policy TR-32, ACP)
55. New developments shall incorporate non-motorized facilities fhat meet City standards,
provide connectivify to adjacent communities, public facilities, and major shopping
centers, and that are consistent with the Non motorized Pian and the Land Use Plan
(Policy TR-35, ACP),
56. Encourage pedestrian-oriented design features in all development. (Policy TR-37, ACP)
57. The City shafl eneourage consideration of #he needs of pedestrians in ali public and
private deve[opment. (Policy TR-52, ACP)
58. The City shall require developers to construct storm drainage improvements directly
serving the development, incfuding any necessary off-site improvements. (Policy CF-38,
ACP)
59. The City shall require that storm drainage improvements needed to serve new
development shali be bui(t prior to or simul#aneous with such development, according to
the size and configuration iden#iffed by the Drainage Plan and Comprehensive Plan as
necessary to serve future planned development. The location and design of #hese
facilities shall give fufl consideration to the ease of operation and maintenance of these
facilities by the City. The Cify should continue to use direct participatian, L.lDs and
payback agreements to assist in the #inancing of off-site improvements required #o serve
the development. (Policy CF-39, ACP)
60. Individual deve(opment projects shall provide #he folfowing minimai improvements in
accordance with established Cify sfandards:
a. Full standard streets and sidewalks in compliance with the Americans with
Disabilities Act.
b. Adequate off street parking for employees and patrons. '
c. Landscaping.
d. Storm drainage.
e. Water.
f. Sanifary sewers.
g. Controlled and developed access to existing and proposed streets. (Policy l.U-
106, ACP)
61. An efficient transportatian system seeks to spread vehicle movemenfs over a series of
planned streets. The goal of the system is to encourage connectivity while preventing
unacceptably high traffic vofumes an any one street. Ampfe alternatives shouid exisf to
DE7ERMINATEON OF NON-S1GN1F(CANCE SEP04-0037 (Continued) Page 15
accommodate access for emergency vehicies. For fhese reasons the City will continue
to plan a series of collector-arterials and arterials designed to national standarcls to
provide efficient service to the community. Ample aiternatives should also exist to
accommodate non-motorized transportatian on collector-arterials and arterials, on local
roads within and between subdivisions, and on non-motorized pathways.
A.. Definitions
1.Dead snd street: Street that accesses the roadway system only at one end. Dead end
streets are permanent conditions and should end in a cul-de-sac where appropriate.
2.Stub end street: Dead end street that is planned to be extended and conrtected to
future stceets in an adjacent development. Depending on its length, it may or may not
require a temporary cul-de-sac.
B. Access in new development:
1.The internal local residential street network for a subdivision should be designed to
discourage regional through traffic and non-residential fraffic from penetrating the
subdivision or adjacent subdivisions. Local residential streets shall not exceed 1,300
feet in length between intersections and shall not serve more than 75 dwelling units.
2.Where possibie, streets shafl be planned, designed and constructed to connect ta
future development. All stub end streets shall be properly protected by traffic barriers
in a manner that comglies with #he requirements of fhe Manual of Uniform Traffic
Control Devices.
3.Dead end streets shalf not be more than 600 feet in length. Dead end streets ending
in permanent cul-de-sacs shall serve a maximum of 25 dwelling units. When
applicable, non-motarized pafhs shall be provided at the end of the street #o shorten
walking disfances to an adjacent arterial or pubiic facilities including, but not limited to,
schools ar parks.
4.Residential developments should be planned in a manner that minimizes the number
of local street accesses to arterials and collector-arterials. Residen#ial deveEopmenfs
with greater than 75 dwelling units, including single family developments, multi-family
deveiopmen#s or any combination thereof, shall have a minimum o# two accesses to
either a collector-arterial or an arterial. Residential developments with Eess than 75
dwelling units, including single family developments, multi-famiiy devefopments or any
combination thereof, may limit general access to one access to a collector-arterial or
arterial. Developments wi#h between 25 and 75 dwelling units shall also pravide a
second access route to a collector-arterial or an arterial for emergency vehicle access.
C. Access to existing areas:
To promote efficient connectivify between areas af the community, existing stub end
sEreets shall be linked to a#her sfreets in new development whenever the opportunity
arises.
D. Acceptabfe fraffic volumes:
DETERMINATION OF NON-SIGNIF1CAtJCE SEP04-0037 (Continued) Page 96
Projected frip generation shall be calcufated based on the current edition of the
Inskitute of Transportation Engineers (ITE) Trip Generation Manua[.
Stub end streets shall not be iinked to a new street if the connection is likely to resu[t
in traffic volumes which wi)I exceed acceptable volumes for the road's classificafian.
These volumes are defined by the Ciky of Auburn's Comprehensive Transportation
Plan (chart titfed Functional Classification System, Characteristics of the Roadway
Fcanction). Local resident+al stub end streets shall not be extended if the resulfing
roadway segment will generate more than 750 trips per day based on the current
edition of the 1TE Trip Generation Manual. Consideration may also be given to the
character and nature of the neighborhoods proposed #o be connected.
E. Community Notification:
Property owners and tenants adjacent to stub end streets shall be adequately
in#ormed of the stub end street functional efassification and potentia) #raffic volumes.
Methods for such no#ification should include plat covenanfs, public roadway signs or
other measures. (Policy TR-13, ACP)
62.The City shall encourage and apprave development only where adequate public services
including police protection, fire and emergency medical services, education, parks and
other recreational facilities, solid waste collection, and other governmental services are
available or wi(I be made avaiiable at acceptable tevels of service prior #o project
occupancy or use. Demand for any City service compared to level af support #or such
service will also be given substanfiaf consideration when reviewing development
proposals (Policy CF-7).
63. No new development shalf be approved which is not supported by a minimum of
facilities to suppor# the development and which does not provide for a propor#ionate
share of related system needs (CF-13).
64.Provisions shaH be made wherevar appropriafe in any project for loaping all dead-end or
temporarily dead-end mains. Construction plans must be approved by the apprapriate
water authority prior to the commencement af construcfion. Where it is nof feasibls af
the time of approval and instaflat€on to loop a water system, in the opinion of the fire
department, the laop requirement may be relaxed if the intent of the code is met and a
stub is provided on the main for future expansion. (ACC 13.16.090 Dead-end mains
prohibited Ord. 3064 § 1, 1975.)
65.The growth impacts of major private or public deveiopmen# which place signifieant
service demands on community facilities, ameni#ies and services, and impacts on the
City's general quality of fife shall be carefuUy studied under the provisions of SEPA prior
to development approval. Siting of any major development (including public facilities
such as, but not limited to, solid waste pracessing facilities and landfills) shall be
carefully and thoroughly evafuated fhrvugh provisions af SEPA prior to project appraval,
conditional approval, or deniaf. Appropriate mifigating measures to ensure conformance
with this PEan shafl be required, (Poficy GP-6, ACP)
DETERMINATION OF NON-SlGNlFICANCE SEP04-0037 (Continusd) Page 17
CONDITIONS:
The lead agency for this praposal has determined that it does not have probable significant
impact on the environment, and an environmental impact statement is not required under
R.C.W. 43,29C.030(2)(c), onl if the following conditions are met. This decision is made after a
review of a completed environmental checklist and other information.an file with the lead
agency. This information is available to the public on request.
1. Prior to the issuancs of clearing, grading permits subsequent #a permit No. GRA04-0025
issued August 27, 2004, the applicant shall furnish the City of Auburn City Engineer and
appropria#e City of Kent staff person wifh a proposed haul route and schedule for
hauling soil material to and/or from the site for review and approval by both entities. !f, in
the opinion of the City representatives, such hauling wi(I adversely impact the street
network, hauling hours may be coordinated and limifed to appropriate off-peak hours or
a(ternative routes. The haul route plan shall also include a traffic control p(an for
approva) by #he City of Kent and the City of Auburn.
2, The recommendations of the geotechnical report "Geotechnical Report River Sand 1st
S#reet NE and South 277th StrseY", Terra Associates Inc., February 4, 2004, and/or
other subsequent site specific soifs or geotechnical reports shall be incorporated into
clearing, grading and other appropriafe consfruction pfans subsequent to permit No.
GRA04-0025 issued August 27, 2004, as determined by the City Engineer. Special
considera#ion shall be given to the recommenda#ions far storm.pond design identified in
the geotechnical report.
3. The applicant's grading plans subsequent to permit No. GRA04-0025 issued August 27,
2004 shalf be prepared in conjunction with and reviewed by a licensed geotechnical
engineer. The geotechnical engineer shall develop and submit, for the City's review,
specific recommendations to mitigafe grading acfivities with par#icular atfenEion #o
developing a plan to minimize the exfent and time soils are exposed on sits and address
grading and related activities during wet weather periods..
4. A licensed geotechnical engineer shali monitor on-site rough/preliminary plat grading
ac#ivities subsequent to permit No. GRA04-0025 issued August 27, 2004 to ensure that
the recammendations of #he pre(iminary geofechnical report and any additional
condi#ions or requirements that are implemented. Based an recommendations of the
geotechnicaf report, the geotechnical engineer should review finai design and
specifications in order to verify that earthwork and foundation recommendations have
been properly interpreted and impfemented in the project design. The geotechnical
services to be provided during construction are to abserve compliance wikh the design
concepts, specifications and geotechnicai report recommendations.
5. Upon compfetion of raugh grading and excavation, the applicant shail have a
geotechnical engineer re-analyze the site and determine if new or additional mitigation
measures are necessary. If warranted, a revised geotechnical report shall be submitted
to the City of Auburn for review and approval by the City Engineer.
DETERMIiVATION OF NON-SIGNIFiCANCE SEP04-0037 (Continued) Page 18
6. F'rior to the placement of fill in addition to that aufhorized by permif No. GRA04-0025
issued August 27, 2004, the City Engineer shall approve the source of the imported fili
material for aU structuraf fiil and #he City Engineer shall approve the source of fhe
imported fill material far a!I other filE ac#ivities.
7. Compacfion monitoring and testing shall be required for all fill areas, both strucfuraf and
nan-structural for City review. Compactian reports for structural fill shall be provided to
the City Engineer for review prior to acceptance.
8. Prior to issuance of grading permits subsequent to permit No. GRA04-0025 issued
August 27, 2004, a wetland hydroperiod analysis shall be submiffed to khe City for
review and approval. Ths analysis shall include a pre-developed analysis of the existing
hydrologic volume tributary to the wetlands, and post-deveioped vofumes from tributary
areas directed to #he wefEands. A wetland biologist shall be consulted to verify fhe
appropriate hydrologic support necessary to maintain existing wetland's functian and
value. If augmentation is warranfed to reducs or avoid impacts, rooftop drainage or
other acceptable means can be direc#ed to the wetlands at a volume approximating
existing conditions to maintain hydrologic support of fhe wetlands. A monitoring
plan/pragram shall also be deve(oped for City review and approval.
The Department of Ecology's Stormwater Management ManuaE for Western Washington
(Ecology 2001) wiil provide guidance for performing the wetland hydroperiod analysis,
in#ormation on maximum acceptable hydroperiod aftera#ians, recommendation for
reducing development impacts on wetland hydroperiod and water quality,
recommendation for tfow control and treatment for stormwater discharges to wetlands
and recommendation for post devefopment wetland monitoring.
9. Priar to approval af the grading permit subsequent to permit No. GRA04-0025 issued
Augusk 27, 2004, (or approval of half-sfreet improvements to S 277th Street unless it is
demonstrated to the satisfaction of the PEanning Direc#or that the half-street
improvements will not resuft in wetland filfing) a final wetland mitigation pfan shall be
prepared and submittad for review and appraval by the Planning Directar and Public
Works Directors. The plan shall be approved prior to the issuance of the subsequent
grading permits or other constructian permits. If applicable, the plan shall identify the
amount af wetfand impact associated with half-street improvements to S 277t' Street
and any associated wetland mitigation.
The plan shall include the proposed construction sequence, grading and excavation
details, erosion and sedimentation control features needed, pfanting plans specifying
species, quanfities, locations size, spacing, and density, source of plant materiafs,
propagules and seeds, water and nutrient requirements for plants and water level
maintenance practices. Mi#igation for reduction in wetland functions from the
disturbance and increased proximity of development shall consist of enhancemenf of
wetland buffers. Wetland mi#igation shall be provided in general accordance with
recommendations iden#ified in #he report: °Conceptual Wetland Mitigation Plan of fhe
River Sand Property", J.S. Jones and Associates Inc., January 26, 2005, as modified by
DETERMINA7ION OF NON-SIGNiFICANCE SEP04-0037 (Continued) Page 99
the Final Staff Evaluation and MDNS. Major elemenis of the mitigation plan shail
include:
a. A finai wetEand mitigation pfan, report and monitoring program, maintenance pfan
and con#ingency plan shall be submitted for review and approval in accordance with
the recommendations of the delineation and conceptual mitigation reports, and as
modified by the MDNS conditions and Final Staff Evaluation. The plans and
suppor#ing hydrologic anaiysis shall establish goals and objecfives to monitor and
measure the success of the wetland mitigation project.
b. The wetland buffers shall be a minimum of fifty (50) feet in width for Wefiand 'i
and an average of twenty-five (25) feet in width for Wetland 2 and incorporate the
following characteristics: areas of #(atfened slopes (ranging from 4:9 to 6:1 in
gradient) adjacent to the wefland edge to provide habitat transitian areas; and dense
plantings of vegetation native fo the northwest fhat will provicie shade and cover for
local wildlife. A maintenance plan for the buffer shall also be prepared and
submitted concurrently for review and approval.
c. The wetiand enhancement areas shall be designed to include efements of water
saturation (hyttrology) and be vegetated with ob[igate, facultative wetland plants or
facultative (hydrophytic) vegetafion native to the Pacific Northwest. Trees and other
vegetation designed fo provide food and cover for loca[ wildlife shall be inciuded.
d. The proponent shafl as directeti, be required to provide the Auburn Buiiding
Official with services of an approved biologist'with expertise in wetland buffer
enhancement, for purposes of inspecting wetland work activities on the City's behalf
for conformance with approved plans and specifications. In addition, the biologist
shall be retained for a minimum of five years fiollowing completion of all weflands
work to monitor the progress of the enhanced wetlands, and to inspect the
replacement of unsuccessful plant and habitat maferials in accordance with the.
approved plans. A minimum of biannual monitoring and inspectian and annual
reports, indicating achievement o# goals and objec#ives, and project status, shalf be
filed with the Planning Department throughout the five-ysar mon(toring program, with
a final repar# provided at the end of the moniforing program.
e. Filiing and grading af the site and wetlands mitigation work may occur
concurrently. The mitigation construcfion shall be complete prior ta issuance of final
plat,
f. An appropriate securify equivalenf to 125 percent of the cost of alf wetlands
mitigation work shall be submitted to the Auburn Building Official prior to the
issuance of grading permits, and shalf be kept acfive for a minimum of five years
fol(owing completian of a!I wetlands construcfion in an amount commensurate with
the monitoring program and confingency plan. At the end of the mon9toring
program, the City shall release the security if remedial action is not required.
DETERMINATION OF NON-SfGNIFICANCE SEP04-0037 (Continued) page 20
g. Foilowing completion and acceptance of all wetlands mitigatian work, no clearing,
grading or buifding construcfion shall occur within the wettands mitigatian area,
except as may be authorized by the City of Aubum for: protection o# pubfic health,
safefy and welfare; maintenance purposes, passive recrea#ion improvements or
contingency mitigation worEc.
h. 7he surveyed wetland area shall be clearfy indicated on ali cons#ruction plans
appraved by the Ci#y, indicating the purpose and any limitations on the use of the
area. The boundary of the wefland shall be based on the wetland boundary
confirmed by the Army Corps of Engineers (ACOE) by letter dated May 22, 2003
(reference: Fife No. 2002-4-00613) and its buffer shafl be staked in 25-fioot intervals.
This staked line shall continuous(y remain in place and serve as clearing and
construction limits throughout the project for all construcfion activities adjacent to the
wetlands area, or as required by the Cify.
10. The purpose and intent of the following condition is to discaurage the unconfrolled
intrusion of humans into the mitigation area, provide a passive recreation opportuniky
and to ensure long term protection. The folfowing information and impravements shall
be provided:
a. Interpretafive signs shall be installed and maintained at 150-foot intervals along
the boundary of the wetland buffers. The-signs shall be constructed of a
permanent and durable materiaf and indicate the wetland restrictions related to fhe
use of the area. The sign lacatians, construction detail and text shall be specified in
the final mitigation pfan described in Condition above.
b. The wetlands and wetland buffer shall be encumbered by a conservation
easement granted to the Cify of Auburn. The easement shall state thaf any uses
wifhin the easement area shall be as approved by the Planning Director. The uses
shall be consistent with the purpose of the wefland and stream buffer and be a
general benefit to the public. Evidence that fhe easement has been executed and
recorded is required prior to issuance of any occupancy permits for #he site.
11. Unfess a FEMA map amendment is approved to eliminate vn-site f{oodplain, prior to
issuance of a grading permi# authorizing fiN placement in fhe floodplain, fhe applican#
shall prepare and provide for review and appraval a Flaod Compensatian Plan. The
plan shall demonstrate how concurrently with si#e filling, compensatory flood sforage will
be provided for the projecf. The flood storage shall be provided incrementalfy as the
fiood stage rises from the seasonal low average, up to and including the 100-year flood
elevation. The compensatory storage shall be provided at a ratio of 9 to 1
(dispfacement #o repfacement). The fEood storage must designed based on seasonal
groundwater elevafions wifh appropriate supparting analysis.
12. Un[ess a FEMA map amendment is approved to eliminafe on-site ffoodplain, #he area of
#he compensatory flood storage and associated access shall be encumbered by a
drainage easement granted to the City of Auburn. The easement shall state fhat any
uses within fhis area shall be as approved by the Planning and Pubiic Worics Directors.
DETERMINATION OF NON-S{GNlFfCANCE SEP04-0037 (Confinued) page 21
The easement language shail be prepared by the proponent and approved by the City
and shall convey maintenance and 'mspection access to the City. Evidence that the
easemertt has been executed and recorded is required to be shown on the finai plat.
13. Prior to the issuance of a grading permit that is subsequent to permit number GRA44-
0025 issued August 27, 2004 that includes excavation or disturbance of the existing
ground surface elevation, the applicant shall prepare a historic/cultural resources
monitoring plan as recommended by the report: "Archaeologicaf and Historical
Resources Survey of the Proposed River Sands PUD, King Coun#y, Washington", Entrix
inc., August 10, 2004. The moni#oring plan shall es#ablish a protocol for the inadveRent
discovery of human remains. The monitoring pian shall also detail what cultura)
materials may be expected on-site, qualifications of the on-site monitor; the authori#y of
the ort-site monitor to halt excavation/construction ac#ivities, a protocol for assigning
significance #o identified materials and safety requirements for the monitor's activities. A
copy of that report shall be provided to OAHP, the Cify and the Mucicleshoot Tribe upon
i#s completion. The applicant shall demonstrate to the City of Auburn that the monitoring
reporE recommendations have been addressed prior to commencement of any permitted
excavation or disturbance of the existing ground surface eleva#ian.
Also, in accordance with the report's recommendations, an on-site monitor shall be
present during excavation or disturbance of the existing ground sur#ace elevation.
14. At the #ime of final plat approval, this development can meet Comprehensive F'lan Policy
TR 13 by providing a permanent boulevard-type road approach to S 277th Street #rom
the plat as approved by the City Engineer. The boulevard shall have a divided roadway
with central landscape median. This access shall include a temporary traffic signal at
the intersection of the boulevard approach and S 277t' Street. En addition, prior to the
issuance of a building permit for the equivalent of the 76#h single family unit within the
pfat, the applicant shafl financially secure the completion of a second permanent access
route consisting of the construction of a 24-foot wide paved roadway with adequate
shoulder and storm drainage provisions along the east west alignment of a new
49th/51st NE befween the proposed boulavard and the new "I" Street NE afignmen# and
the new "I" Street NE betwesn 49#h Street NE and S 277th S#reet, plus a span wire
traffic signal at the intersection of the new "I" Street NE and S 277t~' Street. When the
second permanen# access route is constructed, the intersection of the Boulevard
approach and S 277t' Street shall have its temporary traffic signal removed and
permanent channelizat'ron shalf be installed on S 277t' Street at the intersec#ion to
prevent left turns into and out of the pla#. The applicant shall pay #o the City $495,000,
which in addition to the development's and normal traffic impact fees, provides adequate
funding to secure the second permanent access route improvements and related
improvements. In the event the City's traffic impact fees are increased prior to payment
of the $495,000. this mitigation fee may be correspondingEy decreased.
15. Notice of the future second permanent access route and the future intersection
modifications (The future removal of the #emporary tra#fic signal at the intersection af the
Boulevard appraach and S 277t' Street and the installation of permanent channelization
installed on S 277t' Street to prevent left turns into and out of the plat, described in
DETERMlNATEON OF NON-StGN(FICANCE SEP04-0037 (Continued)
Page 22
condition number 74, above) sha!( be recorded on the face of the plat and on each
individua) property title within the plat. !n addition to this notice, adequate on-site
signage of such future traffic improvements wifl be provicled as directed by the City.
16. At the fime of p(at consfruction secondary emergency access shall also be provided to
the plat from S 277th Street by means of the establishment of emergency accesses a
minimum of 20 feet in width from S 277'h Street. These traffic accesses sha(I prohibit
general traffic use fhrough the use of gafes or bollards to the satisfaction of the Fire
Marshal and City Engineer.
97. Prior ta any Finaf Pfat appraval, the applicant shall financialiy secure the complefion of a
12-inch off-site waterline for completion of the iooping of waterlines to meet the Water
Comprehensive Plan Level of Service criteria. The Water Comprehensive Pfan
improvements would consist af approxima#ely 1,200 linear-feet of 12-irtch waterline
along the praposed extension of "I" Street NE from 45fh Street NE to 49th Street NE
and approximately1,30Q linear-feet of 12-inch waterline along an east west alignment of
a new 49th/51 st NE between the proposed new "I" Streef NE alignment and the River
Sands Deveiopment wesf property fine. The appficant shall pay ta the City $82,400,
which combined with the developmenYs normal System Development Charges, provides
adequate funding to secure the second permanent water sysfem improvements. In the
event the City's Water System Development charges are increased prior ta payment of
the $82,000. this mifigafion fee may be correspondingly decreased.
Any person aggrieved of the City`s determination may file an appeal with the Auburn City Cferk
wifhin 21 days ofi issuance of a finaf ciefermination. Copies of the final determination, specifying
the appeals deadline, can be requested or obtained from the Department of Planning and
Community Development.
RESPQNSIBLE OFFICIAL: Pauf Krauss, AICP
POSiTIONfT'l7LE: Director of the Department of
Planning & Community Development
ADDRESS: 25 West Main Street Auburn, Washin ton 98001
(253) 939- 90
DATE ISSUED: June 2, 2005 SIGNATURE:
Any person aggrieved of this final determination may fife an appeal with the Auburn City Clerk
within 21 days of the date of issuance af this notice. AA appeals of the above determination
must be filed by S:Op P.M. on Jurte 23, 2005 with required fee.
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WASHINGTON
CUMPLETlON OF IMPROVEMENTS
FINAL PLAT APPLICA7ION
FAC05-0028
The required improvements for the Final Plat of
have been completed in accordance with the Land Division Ordinance and the City of
Auburn's standards and specifications.
City Engineer
Date
SECURITY IN LIEU OF COMPLETION
!n (ieu of the required public improvements for the Final Plat of River Sand aka
Trai( Run, Phase 3, an approved Letter of Credif adequa#e to cover $63,365.75
(150% of the estimated costs of improvements), is on file and appraved by the City
Engineer. .
5.e,~
City Engineer ate
1. The developer has provided references and demonstrated a m'tnimum of 3 years
successfuf, non-defaulted pla# development experience in the Puget Saund region.
2. The financial security is based on the following costs:
Scope of Work - One Activitv Onlv:
Division 3 Improvements: $63,365.75 which includes top lift of asphait and raise
utilities to grade.