HomeMy WebLinkAboutITEM VIII-A-1
CUBURN F - AA GENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Ordinance No. 6332 for Final Plat Application No. Date: October 8, 2010
P LT 10-0004
Department: Planning and Attachments: (See Exhibit list below Budget Impact:
Development and Exhibits
Administrative Recommendation:.
City Council introduce and adopt Ordinance No. 6332.
Background Summary:
Melanie Clark of Westgate Business Services, LLC on behalf of Glen Garrison of Colby RE, LLC has
made application for the Final Plat of Jovita Heights (a.k.a. Vista Pointe). The plat includes the creation
of 107 lots and the creation of open space, storm drainage, and private vehicle access and utility tracts.
The property is located in southwest Auburn, east of 56th Avenue South and between South 336th
(northern limits) and South 348th Streets (southern limits). A rezone from RS, Single Family Residential,
to R2, Single Family Residential was approved under Ordinance No. 5938 (File No. REZ04-0005) on
September 6, 2005. The preliminary plat of Jovita Heights received preliminary plat approval under
Resolution No. 3892 (PLT04-0007) of this same date to subdivide the approximately 40.86-acre site into
107 single-family lots and create various public and private tracts. Tract G (2.99 acres) is proposed to be
publicly dedicated as a storm water facility. Tract A (8.10 acres) and Tract F (9.2 acres) are proposed to
be owned by the homeowner's association as vegetation and tree management areas. Tracts B(.04
acres), Tract C (0.05 acres), Tract D ( 0.05 acres) and Tract E (0.06 acres) are proposed to be owned by
the homeowner's association as private access and utility tracts.
The plat has been developed in accordance with Title 17, (Final Plats, ACC 17.06 subsequently
amended) and the conditions of the preliminary plat.
The City Engineer has signed the Certificate of Improvements acknowledging the completion of all of the
plat infrastructure improvements.
L1018-2
03.5 PLT10-0004
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: E Building ❑ M&O
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ® Parks
❑ Human Services ❑ Planning & CD E Fire ® Planning
❑ Park Board ❑Public Works E Legal ❑ Police
❑ Planning Comm. ❑ Other E 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: Snyder
Meeting Date: October 18, 2010 Item Number: VIII.A.1
AUBURN * MORE THAN YOU IMAGINED
Agenda Subject: Ordinance No. 6332 for Final Plat Application No. Date: October 8, 2010
PLT10-0004
Attached are the following Exhibits:
Exhibit 1 - Proposed Ordinance No. 6332 to approve the Final Plat of Jovita Heights (a.k.a.
Vista Pointe)
Exhibit 2 - Resolution No. 3892, previously approving the Preliminary Plat of Jovita Heights
Exhibit 3 - Ordinance No. 5938, previously approving the rezone from RS, Single Family
Residential to R2, Single Family Residential
Exhibit 4 - Resolution No. 4005, Agreement for payment of in lieu fee for wetland mitigation
Exhibit 5 - The City Engineer's Certificate of Improvements
Exhibit 6 - Final Plat (Map, 12 pages)
Page 2 of 2
ORDINANCE NO. 6 3 3 2
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE FINAL PLAT OF JOVITA HEIGHTS
WHEREAS, the City of Auburn received a final plat application for the Plat
of Jovita Heights (a.k.a. Vista Pointe), Application No. PLT10-0004 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. Melanie Clark of Westgate Business Services, LLC on behalf of Glen
Garrison of Colby RE, LLC has requested final plat approval of Jovita
Heights (a.k.a. Vista Pointe) and all applicable conditions have been met.
2. The preliminary plat was approved by the City Council on September 6,
2004 by Resolution No. 3892. The preliminary plat was approved with a
single division. The plat has been developed in accordance with in
accordance with Title 17, (Final Plats, ACC 17.06 subsequently amended)
and the conditions of the preliminary plat.
3. A Certificate of Improvements has been issued by the City Engineer,
accepting all required plat improvements.
4. Tract G (approximately 2.99 acres) is proposed to be publicly dedicated as
a storm water facility.
CONCLUSIONS OF LAW
1. The Final Plat is in compliance and in conformity with applicable Zoning
and Land Division Ordinances and other applicable land use controls.
2. The Plat is consistent with the Comprehensive Plan.
3. The Plat meets the requirements of Chapter 58.17 RCW.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Ordinance No. 6332
October 13, 2010
Page 1 of 3
Section 1. Approval. Jovita Heights (a.k.a. Vista Pointe), a
subdivision involving property located within the City of Auburn, Washington,
which plat is legally described on Sheet 2 of 12 of the Final Plat and set forth in
Exhibit "A," attached hereto and incorporated herein by reference, is hereby
approved, and deemed to conform to the requirements for Plat approval pursuant
to State and local law and Chapter 58.17 of the Revised Code of Washington
and Section 58.17.140 thereof.
Section 2. Constitutionality or Invalidity. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being hereby
expressly declared that this Ordinance and each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed, adopted and
approved and ratified irrespective of the fact that 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.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 5. Effective Date. This ordinance shall take effect and be
in force five (5) days from and after its passage, approval and publication, as
provided by law.
Ordinance No. 6332
October 13, 2010
Page 2 of 3
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Published:
Ordinance No. 6332
October 13, 2010
Page 3 of 3
RESOLUTION NO. 3 8 9 2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING A
PRELIMINARY PLAT APPLICATION TO SUBDIVIDE
40.86 ACRES INTO 107 LOTS FOR FUTURE
SINGLE-FAMILY DEVELOPMENT, OPEN SPACE,
AND A STORM WATER TRACT WITHIN THE CITY
OF AUBURN, WASHINGTON
WHEREAS, Application No. PLT04-0007, dated July 22, 2005„ has
been submitted to the City of Auburn, Washington, by P.J. Datillo of
Cornerstone Homes, requesting approval of a preliminary plat application to
subdivide 40.86 acres into 107 lots for future single-family development, open
space, and a storm water tract within the City of Auburn, Washington; and
WHEREAS, said request above referred to was referred to the Hearing
Examiner for study and public hearing thereon; and
WHEREAS, pursuant to staff review, the Hearing Examiner conducted a
public hearing to consider said petition in the Council Chambers of the Auburn
City Hall on July 19, 2005, of which the Hearing Examiner recommended
approval of the preliminary plat on August 2, 2005; and
WHEREAS, the City Council, on August 15, 2005, considered said
request and affirmed the Hearing Examiner's recommendation for preliminary
plat based upon the following Findings of Fact and Conclusions, to-wit:
L1018-2B
Resolution No. 3892
August 9, 2005
Page 1
FINDINGS OF FACT
1. The Applicant requests approval of a preliminary plat application to
subdivide 40.86 acres into 107 lots for future single-family residential
development, open space, and a storm water tract. The subject property is
comprised of several contiguous parcels located east of 56th Avenue South,
between Iowa Drive and South 336th Street. The Applicant also requested
modifications from Auburn City Code (ACC) Section 17.12.260 relating to the
dedication of land for park and playground purposes and from the City of
Auburn Design and Construction standards relating to maximum cul-de-sac
length. Exhibit 1+, page 1; Testimony of Mr. Osaki, Exhibit 3, Preliminary Plat
Map; Exhibit 15, MDNS.
2. The preliminary plat is requested in conjunction with an application for
rezone approval to change the subject property's current Single-Family
Residential RS zoning designation to Single-Family Residential R2 (City file no.
REZ04-005). The requested rezone would reduce the minimum required lot
size. Approval of the plat would be conditioned upon approval of the requested
rezone by the Auburn City Council. Exhibit 1, page 2; Testimony of Mr. Osaki.
3. The subject property has two zoning designations. If the rezone is
approved, the upland area to the west is zoned Single-Family Residential (132).
The eastern portion of the site, which contains steep slopes classified as
landslide hazard areas, has a zoning designation of Heavy Commercial (C3).
In addition to the steep slopes, the site contains wetlands and a stream runs
adjacent to the southern plat boundary. The proposed single-family residential
lots would be situated on the residentially zoned portion of the site. The
commercially zoned portion of the site would be used for stormwater
management and retained as open space. Exhibit 1, page 2; Exhibit 16, Staff
Evaluation of Environmental Checklist; Testimony of Mr. Osaki. The subject
property contains areas with three Comprehensive Plan Land Use designations:
"Single Family Residential," "Heavy Commercial," and "Open Space." Exhibit 1,
page 6.
4. The subject property is elevated several hundred feet above the Auburn
Valley and is bounded on three sides by the steep slopes. It is located at the
western edge of the Auburn City limits, abutting unincorporated King County to
the north, south, and west and the City of Algona to the southeast. Access to
the plat would be from the west, through unincorporated King County.
'Note: All exhibits referenced herein are exhibits attached to the Hearing Examiner's Findings
of Fact and Conclusions, which exhibits are incorporated herein.
Resolution No. 3892
August 9, 2005
Page 2
Properties east of the site are within the City of Auburn. Some are open space
and some are commercially zoned and developed. Properties north and south
of the site are vacant with King County urban residential low density zoning and
land use designations. West of the site, properties have King County urban
residential medium density zoning and land use designations and are
developed with scattered single-family residences. Exhibit 1, page 2. Some
-off-site transportation improvements and portions of proposed wetland
mitigation would be constructed off site west of 56t" Avenue South within
unincorporated King County. Exhibit 15, June 7, 2005 Mitigated Determination
of Non-Significance (MDNS); Exhibit 23.
5. The proposed action would include site preparation and construction of a
107 lot single-family subdivision. The proposal would be constructed in one
phase and would involve substantial clearing and grading, street improvements,
utilities, and wetland/stream mitigation measures. Construction of portions of
the proposed utilities would disturb the steep slopes, wetlands, and stream
buffer on site, requiring mitigation. Exhibit 15, June 7, 2005 MDNS.
6. The preliminary plat application was reviewed for compliance with R2
zoning standards. The intent of the R2 zoning district is to create an optimum
environment for single-family dwellings, in part, through limiting development to
relatively low degrees of density. Auburn City Code (ACC) 18.14.010. Single-
family residential development is a permitted use in the R2 district. The R2
district requires a minimum lot size of 6,000 square feet and a minimum lot
width of sixty feet. The maximum allowed impervious surface coverage is thirty-
five percent. Minimum structural setbacks are twenty feet from front lot lines,
five feet from side lot lines, and twenty-five feet from rear lot lines. ACC
18.14.040.
7. The smallest proposed lot would be 6,000 square feet, while the largest
would be 15,596 square feet, with an average lot size of 7,457 square feet.
Exhibit 3, Preliminary Plat Map. The proposed homes, designed to capture
views of the Auburn Valley and Mount Rainier, would range from 2,600 to 3,500
square feet in size and would be priced in the upper middle-income price range.
Exhibit 38, Access Plan; Exhibit 3, September 29, 2004 Cul-de-sac Modification
Request. According to City Planning Staff, not all of the proposed lots satisfy
minimum lot dimension requirements or show appropriate building envelopes
on the plat map. Approval would be conditioned on all lots conforming to the
development standards of the underlying zoning district, including structural
setbacks. Exhibit 1, page 3.
Resolution No. 3892
August 9, 2005
Page 3
8. Primary access to the project would be from 56th Avenue South, within
the City of Auburn, via South 340th Street, within unincorporated King County. .
New internal plat roads would intersect with 56th Avenue South at five locations.
A new internal loop road would provide access to lots in the northern portion of
the proposed plat. Two cul-de-sacs would provide access to the lots of the
southern end of the plat. A number of lots in the center of the plat would take
access directly from 56th Avenue South. Exhibit 3, Preliminary Plat Map.
9. The Applicant's traffic impact analysis projects that the plat would
generate 1,053 average weekday trips, including 111 PM peak hour trips.
Exhibit 10a, Traffic Impact Analysis, page 5. Under the City's transportation
impact fee ordinance (Ordinance 5506), the Applicant must pay a traffic impact
fee of $677.71 per lot. Exhibit 10a, Traffic Impact Analysis, page 6. Payment of
the traffic impact fee was imposed as a condition of approval for the Mitigated
Determination of Non-Significance (MDNS) issued during the environmental
review process under the State Environmental Policy Act (SEPA). Exhibit 15,
MDNS.
10. In addition, frontage improvements to 56th Avenue South were imposed
as conditions of MDNS approval. City of Auburn half street improvements
would be required between 336th Street and South 340th Street. Between South
340th Street and a point approximately 200 feet south of South 346th Street, the
Applicant would be required to improve 56th Avenue South to full street
standards. The Applicant would be required to construct a road connection of
56th Avenue South to South 352"d Street. Exhibit 15, MDNS.
11. A number of off-site road improvements were also imposed as conditions
of MDNS approval. These include improvement of South 340th Street between
56th Avenue and 51St Avenue South to King County road standards for sub
collector local access streets, including but not limited to provision of a sidewalk
and a twenty-four foot pavement width. The Applicant would also be required to
improve South 352nd Street between 56th and 51St Avenues South to a twenty-
four foot road surface. Finally, the Applicant would be required to improve a
portion of the right-of-way on Military Road to improve a line of sight issue and
pedestrian safety through vegetation removal, new surfacing, street lighting,
and installation of a southbound left turn lane. The Applicant has applied for a
right-of-way use permit to construct these improvements within King County.
Exhibit 15, MDNS; Exhibits 10a, 10b, and 10c, Testimony of Mr. Bishop; Exhibit
27.
12. Primary emergency vehicle access would be from South 340th Street,
with secondary emergency access from South 352"d Street. The City required
Resolution No. 3892
August 9, 2005
Page 4
an additional seconda% emergency vehicle access to serve the portion of the
plat north of South 340 Street. The additional secondary route would traverse
55th Avenue South and South 338th Street. The Applicant would be required to
improve the additional secondary access route to King County road standards
for a rural half street. Exhibit 10b, December 21, 2004 Supplemental TlA.
13. City of Auburn road standards restrict the length of dead end streets,
including cul-de-sacs, to 600 feet. Exhibit 1, page 3, citing Design and
Construction Standards Section 10.02.5.2. The Applicant requested approval
of a modification from the required design standards. The southern end of the
proposed plat is particularly limited by the presence of steep slopes to the east
and south. In order to provide access to all proposed lots in the south end of
the plat, the south-most cul-de-sac is proposed to be 725 feet in length.
Elimination of the requested extra 125 feet in street length would reduce the
number of lots in the south end of the plat by seven or eight. The Applicant
asserts that a loss of eight lots would reduce the overall density below the four
to six units per acre required by Comprehensive Plan policies and the
requested R2 zoning designation. Exhibit 3, September 29, 2004 Cul-de-sac
Modification Request. The City sent the request for modification from road
standards to the Fire, City Utilities, and, Transportation departments for review.
The Fire Department did not comment on the request, indicating no objection to
the modification based on emergency vehicle access. Testimony of Mr. Osaki,
Exhibit 1, page 1.
14. Parkland dedication is required for subdivisions creating fifty or more
dwelling units. The City requires 6.03 acres of parkland for each 1,000
residents. Within the City, overall parkland acreage should be comprised of
seventy-five percent community park space, 12.5 percent neighborhood park
space, and 12.5 percent linear park space. The City of Auburn's parkland
dedication policy assumes that proposed subdivisions will result in a substantial
increase in demand for parkland. Using the estimate of 2.8 people per unit, the
plat would be required to dedicate approximately 1.3 acres of community park
and one-quarter acre each of neighborhood and linear parkland. The projected
costs of the three parks is approximately $260,595.00. ACC 17.12.260; Exhibit
1, page 3, Testimony of Mr. Osaki. Development of a park within the site would
reduce the buildable area by 1.6 acres. Exhibit 3, July 19, 2004 Park
Modification Request.
15. The Parks and Recreation Chapter of the Auburn Comprehensive Plan's
Policy PR-2 requires new development to contribute to the City's parks to meet
the demands generated by new households. When a new subdivision does not
contain an acceptable park site, the City requires payment of money in lieu of
Resolution No. 3892
August 9, 2005
Page 5
land dedication. Criteria for site acceptability include environmental limitations,
accessibility, and the relative ability of the site to satisfy the City's park needs
than parks developed elsewhere. Exhibit 3, July 19, 2004 Park Modification
Request.
16. The Applicant requested to pay fees in lieu of parkland dedication,
indicating that parkland within the plat would likely be a benefit only to residents
of the plat and neighbors in King County, due to lack of direct access to the plat
from the City. Recreational facilities in the vicinity of the proposed plat include
GSA Park and the Interurban Trail within the City of Auburn, and Five Mile Lake
Park, Lake Geneva Park, and the South County Ballfields in unincorporated
King County (within Federal Ways potential annexation area). As proposed,
forty-one percent of land within the proposed plat would be permanently set
aside as forested open space. Exhibit 3, July 19, 2004 Park Modification
Request. The City of Auburn agreed to accept payment of half of the projected
costs, or $130,297.49, in lieu of parkland dedication. This equals a per lot fee
of $1,217.73, based on the proposed 107 lots. Exhibit 1, page 3; Testimony of
Mr. Osaki
17. The City of Federal Way submitted comments concerning impacts to
recreation areas outside of Auburn that would not be mitigated by the payment
of impact fees to the City of Auburn. In response to Federal Way's concerns,
the Applicant noted that the overall Jovita Heights project would include an
approximately 18,000 square foot park within the Federal Way potential
annexation area adjacent to the buffer of Wetland A across the street from the
proposed plat. The park would include a play structure, picnic tables, and
possibly a sport court. Exhibit 20, April 19, 2005 AHBL letter, Testimony of Ms.
Klein. Upon being informed of the proposed off-site park, the City of Federal
Way withdrew its concerns about unmitigated impacts. Exhibit 19; Exhibit 25.
18. The City of Auburn would provide fire protection, police protection, and
sanitary sewer service. The Applicant's representative testified that the sewer
extension would be stubbed out to the south end of the plat at the time 56th
Avenue South is constructed. Testimony of Ms. Klein. The Lakehaven Utility
District would provide domestic water and fire flow to the plat. A certificate of
water availability was provided. Exhibit 34; Exhibit 35, Exhibit 1, page 4;
Testimony of Mr. Osaki.
19. Stormwater runoff from the plat would be collected and treated on-site in
a system designed in accordance with City of Auburn Design and Construction
standards. Additional stormwater facilities related to the project, including
surface water quality and quantity, conveyance systems, and collection
Resolution No. 3892
August 9, 2005
Page 6
systems, located within the jurisdiction of King County would be designed
according to the King County Surface Water Design Manual (KCSWDM) and
the 1993 King County Road Standards. No uncontrolled water would be
allowed to flow over the steep slopes at the south end of the plat. Testimony of
Mr. Weber.
20. The proposed storm pond, located at the base of the on-site steep
slopes, would discharge into City of Algona storm system. The City of Algona
indicated that its storm drain facilities do not have capacity to serve the
proposed plat. The Applicant must obtain approval from the City of Algona for
stormwater conveyance improvements to provide for sufficient downstream
capacity. Exhibit 15, MDNS. City Planning Staff recommended that preliminary
plat approval be conditioned on placement of the storm pond in a separate tract
from the open space and residential tracts. Exhibit 1, page 4; Exhibit 36;
Testimony of Mr. Osaki.
21. A portion of the site's proposed stormpond would be located within the
Iowa Drive right-of-way that abuts the southern end of the plat. The Applicant
has submitted a street vacation application to the City for the affected portion of
Iowa Drive. Prior to approval of the site's stormwater management facilities, the
Applicant must provide proof either that the right-of-way vacation was approved
or an easement was granted to locate stormwater facilities in the right-of-way,
or alternatively must redesign the stormwater facilities to occupy only privately
owned land within the plat. Exhibit 1, page 4; Testimony of Mr. Osaki.
22. At least one easement granted in favor of the City of Auburn encumbers
the subject property in the vicinity of South 344th Street. The City has indicated
that it does not need to retain the easement, but it would be the Applicant's
responsibility to see that the easement is removed. Exhibit 1, page 5. The
Applicant's representative indicated that they intend to take the necessary steps
to extinguish the easement. Testimony of Ms. Klein.
23. The subject property is mapped within a Class I Landslide Hazard Area
per City of Auburn maps. Auburn Comprehensive Plan Policy EN-70 requires
geotechnical studies of landslide hazard areas. The Applicant retained
geotechnical consultants to address the issues of slope and soil stability
inherent in developing the subject property. Zipper Zeman Associates (ZZA)
conducted a slope stability analysis which concluded that with recommended
protection measures, the project appears to be feasible from a geotechnical
perspective. Historically, approximately the southern third of the site was used
as a surface mine. Slope heights average approximately 300 feet and the
slopes extend onto neighboring properties. Results from test pits indicate that
Resolution No. 3892
August 9, 2005
Page 7
the soils within the proposed development area consist of dense to very dense
glacial till and glacial outwash, which are both considered suitable for road and
foundation construction. No evidence of recent large-scale landslides was
observed. The site's soils are considered to have low susceptibility to
liquefaction during seismic events. The geotechnical report recommended that
development on residential lots should observe a twenty-five foot buffer from
the top of all natural and construction slopes and that structures be set back a
minimum of ten feet from the buffer. Exhibit 13, July 13, 2004 ZZA
Geotechnical Evaluation. Lots subject to the steep slope buffers and structural
setbacks would be noted on the final plat map, as would restrictions on
development within those areas. Additional lot-specific geotechnical evaluation
would be required prior to construction on all lots proposed to contain rockeries
or retaining walls. Exhibit 15, MDNS.
24. Approximately seventeen acres encumbered by steep slopes would be
left undisturbed as forested open space. A condition of MDNS approval
requires the Applicant to record a native growth protection easement (NGPE)
for all portions of the plat not developed with residential lots, including the storm
pond and conveyance facilities. All natural slopes below buffers and proposed
retaining walls must be left undisturbed, with no clearing, tree removal, grading,
or construction. The language of the NGPE must be approved by the Planning
and Community Development Director prior to recording. Exhibit 15, MDNS.
25. There are two wetlands on-site. Wetland W is 7,194 square feet in area
and is vegetated with trees, scrub, and shrub. It extends off-site to the west
and is located within the 56th Avenue South right-of-way, north of South 340th
Street. It drains to the south during storm events through constructed culverts
and a man-made ditch. Despite its forested wetland class, Wetland W has low
function and value due to its small size and disturbed nature. The second on-
site wetland, Wetland X is a twenty-one foot depression that collects water
located entirely within the 56th Avenue South right-of-way in the City of Auburn.
It is not vegetated. Due to its small size and lack of vegetation, it has
extremely low value and function. Exhibit 11, February 11, 2005 Wetland and
Stream Analysis report by B-twelve Associates, Inc.
26. Off-site Wetland A is located west of 56th Avenue South in
unincorporated King County. It is greater than one acre in area and includes
forested, shrub-scrub, and emergent vegetation. It is classified as a Class 11
wetland under the King County Code. Stream A appears to start at the south
end of Wetland A. Immediately near the wetland, the channel of Stream A is
severely disturbed from dumping, two crossings, and apparent four-wheel drive
vehicle use. Approximately 230 feet south of its origin, Stream A becomes
Resolution No. 3892
August 9, 2005
Page 8
relatively undisturbed, flowing intermittently in a channel 1.5 to two feet in width.
Although it is densely canopied with varied vegetation, Stream A is not a fish
bearing stream, likely due to the extremely steep slopes to the east. Stream A
drains to Jovita Creek and then to Mill Creek and is a likely candidate for future
restoration. Exhibit 11, February 11, 2005 Wetland and Stream Analysis report
by S-twelve Associates, Inc.
27. Development of the project would involve filling all of Wetland X and the
portion of Wetland W within the 56th Avenue South right-of-way. To minimize
the impacts, the road alignment would be adjusted as far to the east as possible
and road improvement would be limited to the minimum road width allowed by
the City. A total fill of 816.5 square feet of on-site Wetland W would be filled.
An additional 844.6 square feet would be filled during the construction of Jovita
Heights lots within King County, for a total impact of 1,661 square feet.
Approximately 7,396 square feet of Wetland W's buffer would be filled in the
construction of road improvements. As proposed, the remainder of Wetland W
would be 5,554 square feet in area and would continue to provide habitat, storm
water, and water quality functions. Exhibit 11, February 11, 2005 Wetland and
Stream Analysis report by B-twelve Associates, Inc.
28. To compensate for the loss of on-site wetlands and associated buffer
area, the Applicant proposed to permanently protect through conservation
easement all portions of off-site Wetland A under its control. The conservation
easement area would include those portions of wetlands and associated buffers
within the South 344th and 346th Street rights-of-way that the Applicant
proposes to vacate. The conservation easement would permanently prohibit
development within its boundaries, which are depicted in the wetland study
submitted on behalf of the Applicant by B-twelve Associates at Exhibit 12.
Overall, 61,000 square feet of wetland and 12,400 square feet of wetland buffer
would be permanently protected as compensation for the proposed impacts to
Wetlands W and X and the associated buffers. The conservation easement
described above was made a condition of MDNS approval. Exhibit 15, MDNS.
29. The plat would be served by facilities within the Federal Way School
District (the District) including Lakeland Elementary, New Middle School, and
Todd Beamer High School. The District submitted comments indicating that
schools in the vicinity do not have capacity to serve the anticipated school-aged
residents of the plat. The City of Auburn does not have an interlocal agreement
to collect school impact fees on behalf of the District. However, the City code
stipulates that subdivisions must make adequate provision for school sites and
school grounds. ACC 17.02.030(E). The District submitted comments
requesting impact fee payment based on its 2004 capital facilities plan. Exhibit
Resolution No. 3892
August 9, 2005
Page 9
i
21. The District subsequently submitted its 2006 Capital Facilities Plan,
requesting that the City adopt the plan as a sub-element of the City of Auburn
Comprehensive Plan and include the Federal Way School District in the City's
school impact fee ordinance. Exhibit 37, 2006 Capital Facilities Plan. At
hearing, the Applicant's representative testified that the Applicant would agree
to pay a reasonable per unit impact fee at time of building permit approval to
mitigate school impacts despite the lack of interlocal agreement. Testimony of
Ms. Klein. A condition of preliminary plat approval would be necessary to
ensure that school impacts are adequately mitigated. Testimony of Mr. Osaki;
Testimony of Ms. Walker.
30. The nearest existing elementary school bus stop is located at the
intersection of South 340th Street and Peasely Canyon Way, and the nearest
middle and high school bus stop is at the intersection of South 340th Street and
Military Road. The District requested that the Applicant be required to provide
safe pedestrian access to the existing bus stops. Exhibit 21; Testimony of Ms.
Walker. The proposed plat would provide sidewalks along the full length of the
site's 56th Avenue South frontage. MDNS conditions require construction of
sidewalks on South 340th Street from 56th to 51St Avenue South. The roadway
would be improved to a twenty-four-foot pavement width, further contributing to
pedestrian safety. The sidewalk ending at 51St Avenue South would connect to
Military Road by an eight-foot pedestrian walkway along the shoulder of South
340th Street. Street lights would be installed on Military Road for 300-400 feet
on either side of the intersection with South 340th Street. Testimony of Ms.
Klein; Exhibit 15, MDNS.
31. According to the King County Traffic Engineer, while the paved
pedestrian path as proposed would provide an adequate walkway, pedestrian
safety could be improved by including an extruded or mountable curb to
separate vehicle and pedestrian traffic. Testimony of Ms. Langley; Exhibit 27;
Exhibit 15, MDNS; Testimony of Mr. Cheslan.
32. The Applicant has initiated discussions with the Federal Way School
District about relocating the bus stops within or adjacent to the plat. Road
improvements installed with the plat would create a loop connection throughout
the neighborhood accessible by bus. The District indicated that it would
consider relocating bus stops to the plat. Testimony of Mr. Bishop; Exhibit 28,
June 1, 2005 AHBL letter, Exhibit 26, May 18, 2005 District letter.
33. Pursuant to the SEPA, the City of Auburn acted as lead agency for
review of environmental impacts caused by the proposed . rezone and
preliminary plat. The City issued a Final MDNS on June 7, 2005 containing
Resolution No. 3892
August 9, 2005
Page 10
twenty-five conditions requiring mitigating measures to reduce potential adverse
impacts to a point of non-significance. No appeals were filed before the June
28, 2005 appeal deadline. The conditions of MDNS approval require the
following: compliance with the geotechnical recommendations from the July 13,
2004 ZZA report; creation of a native growth protection easement for the steep
slopes to be retained as open space; continued geotechnical oversight of
infrastructure and residential development; control and monitoring for
excavation and import of fill materials; City Engineering approval for rockeries
and retaining walls to be placed on individual lots with slopes; storm drainage
conveyance, detention, and water quality treatment facilities; dust and
emissions controls; additional analysis of impacted wetlands; permanent
protection of off-site Wetland A through recording of a protective conservation
easement on each lot within Jovita Heights controlled presently or in future by
the Applicant; critical areas signage; stream enhancement; road improvements
to 56t Avenue South, South 340th Street, South 352d Street, and Military Road;
provision of safe pedestrian paths between 56th Avenue South and Peasely
Canyon Way, continuing to Military Road; submittal of a landscape/reforestation
plan for work within the steep slope portion of the site; proof of approval from
the City of Algona for stormwater conveyance facilities within that jurisdiction;
submittal of additional surface water assessment for affected portions of
unincorporated King County; and, financial guarantees. Exhibit 15, MDNS;
Testimony of Mr. Osaki.
34. The City received public comments on the proposed plat concerning
speeding traffic and pedestrian safety on South 340 Street, particularly at the
intersections with 55 , 53rd, and 51St Avenues South. Public comments called
for installation of traffic calming devices, reduction of the speed limit, installation
of amber caution lights, separation of the pedestrian path from traffic with a
curb, and installation of street lights along South 340th Street. Also, a concern
was raised that the new road surfaces would exacerbate existing storm
drainage problems between 51St and 53`d Avenues South on South 340 Street.
Exhibit 17, Exhibit 22; Testimony of Mr. McDonnell, Testimony of Mr. Cheslan;
Testimony of Mr. Evans. The King County Traffic Engineer testified that
installation of traffic calming devices (e.g., signalization, traffic circles, amber
caution lights) is not warranted under King County roads standards by the
' anticipated increase in traffic. As part of ongoing supervision of County roads,
the County will assess the need for speed limit revisions after all physical
changes have been made to the road, but no change is currently justified.
County road standards do not require installation of street lighting on South
340th and 342nd Streets. A curb would be provided along South 340th Street's
sidewalk as part of the road improvements. Anticipated traffic impacts from the
development would be mitigated by the road improvements required as
Resolution No. 3892
August 9, 2005
Page 11
conditions of MDNS approval, including the clearing of vegetation at the
intersection with Military Road. Testimony of Ms. Langley, Exhibit 27.
Addressing stormwater concerns, as a condition of MDNS approval, the
Applicant must submit an assessment/evaluation of existing and anticipated
future drainage conditions on all portions of roadway to be improved within King
County as part of the plat. The Applicant must propose and implement
appropriate mitigation measures consistent with the 2005 King County Surface
Water Design Manual, which must be reviewed and approved by King County
prior to final plat approval. Exhibit 15, MDNS.
35. Notice of the application for preliminary plat and of the public hearing
was mailed to surrounding property owners and posted on-site in accordance
with City of Auburn requirements. Exhibits 4, 5, 6, 7, and 8; Testimony of Mr.
Osaki.
36. The City received letters from some King County property owners
concerned that the conservation easement proposed to surround off-site
Wetland A, as mitigation for impacts to Wetlands W and X, would isolate their
properties and render them less valuable. Exhibits 18, 24, and 40, letters from
Shahnaz and Abdul Chahim; Exhibit 39, letter from Boyd and Susan Watkins.
The SEPA Responsible Official for the City determined that the impacts of
future development of property in unincorporated King County would be more
appropriately addressed by King County. Exhibit 15, MDNS.
CONCLUSIONS
Jurisdiction
The Hearing Examiner is granted authority to make a recommendation to the
Auburn City Council on preliminary plat applications pursuant to ACC
14.03.040(A) and 17.06.050.
Pursuant to ACC 17.18.010, the Hearing Examiner may recommend, and the
City Council may approve, a modification of any standard or specification
established in Chapter 17.12 ACC, Subdivision Improvements, upon making the
findings in ACC 17.18.030. Requests for modification are processed
simultaneously with the preliminary plat.
Criteria for Preliminary Plat Review
For a preliminary plat application to be approved, the Applicants must
demonstrate the following:
- -
Resolution No. 3892
August 9, 2005
Page 12
I. Adequate provisions are made for the public health, safety and general
welfare and for open spaces, drainage ways, streets, alleys, other public ways,
water supplies, sanitary wastes, parks, playgrounds and sites for schools and
school grounds;
2. Conformance of the proposed subdivision to the general purposes of the
comprehensive plan;
3. Conformance of the proposed subdivision to the general purposes of any
other applicable policies or plans which have been adopted by the city council;
4. Conformance of the proposed subdivision to the general purposes of this
title, as enumerated in ACC 17.02.030;
5. Conformance of the proposed subdivision to the Auburn zoning
ordinance and any other applicable planning or engineering standards and
specifications as adopted by the city, or as modified and approved as part of a
PUD pursuant to Chapter 18.69 ACC;
6. The potential environmental impacts of the proposed subdivision are
mitigated such that the preliminary plat will not have an unacceptable adverse
effect upon the quality of the environment;
7. Adequate provisions are made so that the preliminary plat will prevent or
abate public nuisances. ACC 17.06.070.
Criteria for Modifications to Plat Standards
A. Such modification is necessary because of special circumstances related
to the size, shape, topography, location or surroundings of the subject property,
to provide the owner with development rights and privileges permitted to other
properties in the vicinity and in the zoning district in which the subject property
is located.
B. That, because of such special circumstances, the development of the
property in strict conformity with the provisions of this title will not allow a
reasonable and harmonious use of the property.
C. That the modification, if granted, will not alter the character of the
neighborhood, or be detrimental to surrounding properties in which the property
is located.
Resolution No. 3892
August 9, 2005
Page 13
D. Such modification will not be materially detrimental to the implementation
of the policies and objectives of the comprehensive land use, circulation and
utility plans of the City.
E. Literal interpretation of the provisions of this title would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning
district.
F. The approval of the modification will be consistent with the purpose of
this title.
G. The modification cannot lessen the requirements of the zoning
ordinance. Any such modification must be processed as a variance pursuant to
ACC 18.70.010. ACC 97.18.030.
Conclusions Based on Findings
1. Adequate provisions are made for the public health, safety and
general welfare, and for open spaces, drainage ways, streets, alleys, other
public ways, water supplies, sanitary wastes, parks, playgrounds, and
school grounds. Conditions of approval would ensure that the preliminary plat
is only approved upon City Council approval of the requested rezone of the
residential portion of the subject property to R2. Assuming rezone approval,
conditions of approval would ensure that the subdivision would result in 107
new residential lots that would meet or exceed R2 zoning requirements. Design
of each residential lot would accommodate and protect on-site slopes, including
installation stormwater conveyance facilities down the slopes to a storm pond in
the eastern, commercially zoned portion of the site. The project would
permanently protect seventeen acres of open space including on-site slopes
and associated buffers in a native growth protection easement to be dedicated
to the City. The Lakehaven Utility District would provide potable water and fire
flow. Police and fire protection and sanitary sewer service would be provided
by the City of Auburn. New internal plat roads and 56th Avenue South would be
improved to City of Auburn road standards. Road facilities within
unincorporated King County, including portions of South 338th, 340th, and 352nd
Streets and 51St and 55th Avenues South, would be improved to King County
Road Standards. Adequate emergency vehicle access would be provided.
Conditions of plat approval would ensure that the Applicant provides utilities
connection to each lot and that the sanitary sewer extension stubs out at the
south end of road improvements on 56th Avenue South. Storm water would be
collected and conveyed down the slopes to an on-site storm pond designed in
compliance with City of Auburn standards. Downstream facilities within the City
of Algona would be improved to provide adequate capacity for the increased
Resolution No. 3892
August 9, 2005
Page 14
runoff caused by the plat. School aged residents of the subdivision would
attend Federal Way School District schools. Conditions of approval would
ensure that safe pedestrian paths are provided between the plat and the
existing bus stops at the intersections of Peasely Canyon Road and Military
Road with South 340th Street. A condition of approval would ensure that the
paved pedestrian path between the sidewalk end at 51St Avenue South and
Military Road would include an extruded or mountable curb to enhance
pedestrian safety. The Applicant has agreed to pay reasonable school impact
fees in an amount to be negotiated between the Applicant and the District
determined according to the methodology described in the Federal Way Public
Schools 2006 Capital Facilities Plan. Findings Nos. 2-8, 12, 18-24, 29-32, 34,
and 36.
2. The subdivision would conform to the general purposes of the City
of Auburn Comprehensive Plan. The subdivision would be consistent with
the Comprehensive Plan's residential land use designation for the site.
Findings Nos. 3, 6, and 7.
3. With conditions of approval, the project would conform to the
subdivision title of the Auburn City Code, the zoning ordinance, and all
other applicable policies or plans adopted by the Auburn City Council. As
conditioned, the subdivision would be consistent with the purposes and
regulations of the subdivision title, with the City's design and construction
standards, and with applicable Critical Areas provisions. Findings Nos. 6-12
and 23-28.
4. With conditions, potential environmental impacts of the proposed
subdivision would be mitigated. Compliance with the conditions of approval
of the City's MDNS will ensure that adverse impacts are mitigated to a point of
non-significance. Findings Nos. 23-28 and 33.
5. The subdivision will not create or contribute to public nuisances.
Conditions of MDNS approval require the Applicant to submit an analysis of
drainage impacts caused by the proposed road improvements within
unincorporated King County and to mitigate drainage problems in accordance
with King County requirements. Findings Nos. 33 and 34.
6. The requested modification to parkland dedication requirements of
ACC 17.12 should be approved. The site is significantly isolated by its
topography. No direct access into the plat from the City of Auburn is possible.
Parkland dedicated within the plat would only be effectively available to
residents of the plat and neighbors in King County. The plat would provide
Resolution No. 3892
August 9, 2005
Page 15
more than seventeen acres of permanently protected open space. The
Applicant's plans for the portion of the project within King County across the
street from the plat include provision of a park to include a play structure and
picnic tables. At least five significant recreational opportunities exist within a
short distance of the plat. City staff recommends approval of payment of a fee
in lieu of parkland dedication as more consistent with the City's park and
recreation policies. Findings Nos. 4 and 14-17.
7. The requested modification to the cul-de-sac length standards of
ACC 17.12 should be approved. The site's significant topographic limitations
necessitate deviation from standard street layouts. Development of the
proposed 107 lots would be consistent with the density required by the
underlying land use designation, as well as that required by the requested
zoning designation of R2. City utilities, transportation, and fire department staff
submitted no objections to the requested cul-de-sac length modification.
Findings Nos. 4 and 13.
RECOMMENDATION
Based on the preceding Findings of Fact and Conclusions, the Hearing
Examiner recommends to the Auburn City Council that the request for
preliminary plat approval to subdivide 40.86 acres into 107 lots for future single-
family development, an open space tract, and a storm water tract in Auburn,
Washington should be APPROVED, subject to the following conditions:
1. Approval of the proposed preliminary plat is conditioned upon prior
approval of the requested rezone changing the zoning designation of the
residential portion of the subject property from RS to R2 (REZ04-0005).
2. Prior to final plat approval, all lots shall comply with minimum
dimensional standards of the R2 zoning district, including provision of building
envelopes on each lot capable of complying with required structural setbacks.
3. The storm pond shall be identified as a separate tract on the final plat.
4. Prior to final plat approval, the Applicant shall enter into an agreement
with the City to provide a fee in lieu of parkland dedication. The format of the
agreement shall be acceptable to the City. The amount of the fee in lieu shall
be based on the formula identified in Finding number 16. The fee shall be paid
prior to Final Plat approval. If the fee cannot be agreed upon, the Applicant
shall provide the required park dedication space within the plat.
Resolution No. 3892
August 9, 2005
Page 16
5. Prior to final plat approval, the Applicant shall execute an agreement with
the Federal Way School District to pay per lot school impact mitigation fees in
an amount to be negotiated between the parties based on the methodology
detailed in the Federal Way Public Schools 2006 Capital Facilities Plan, in the
record at Exhibit 37. The fees shall be paid at time of building permit issuance.
6. The sewer extension shall be stubbed the to the south end of 56t'
Avenue South road improvements prior to the time completion of road
construction.
7. The pedestrian walkway connecting the South 340th Street sidewalk from
51st Avenue South to Military Road shall incorporate an extruded or mountable
curb, approved by King County Traffic Engineer. All pedestrian pathways
connecting the plat to existing bus stops at Peasely Canyon Way and at Military
Road shall be completed prior to building permit issuance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The above-cited Hearing Examiner's Conclusions and
Decision are herewith approved and incorporated in this Resolution.
Section 2. The preliminary plat to subdivide 40.86 acres into 107 lots for
future single-family development, an open space tract, and a storm water tract
within the City of Auburn, legally described in Exhibit "A" attached hereto and
incorporated herein by this reference, is hereby approved.
Section 3. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 4. This Resolution shall take effect and be in full force upon
passage and signatures hereon.
Resolution No. 3892
August 9, 2005
Page 17
DATED and SIGNED this day ofd P 6Y , 2004.-:
CITY RN
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk,..
APPR ED$ TO FORM:
aniel B. He
City Attorney
Resolution No. 3892
August 9, 2005
Page 18
Exhibit "A"
Resolution No. 3892
LEGAL DESCRIPTION OF PROPERTY
Lot 15, Block 13, Jovita Heights, according to the plat thereof
in Volume 20 of Plats, page 12, in King County, Washington.
I
1 ,
20051212002501
PACIFIC NW TIT ORD 44.00
PAGE001 OF 013
12/12/2005 15:48
KING COUNTY, WA
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Rezone (Ordinance 5938) 9"a-Wa.-10c14-`a
Reference Number(s) of Documents assigned or released:
❑Additional reference Vs on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
City of Auburn
Grantee/Assignee/Beneficiary: (Last name first)
1. Cornerstone Homes and Development
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Lots 1 through 9 in Block 4 and Lots 1, 2, and 3 Block 13 of Jovita Heights
® Additional legal is on page _10_ of document.
Assessor's Property Tax Parcel/Account Number
375160-0095, 375160-0097, 375160-0099, 375160-0101, 375160-0103, 375160-0105, 375160-
0107, 375160-0109, 375160-0111, 375160-0283, 375160-0285, 375160-0287, 375160-0293,
375160-0295, 375160-0297, 375160-0299, 375160-0301, 375160-0303, 375160-0305, 375160-
0307, 375160-0309, 375160-0313, 375160-0317, 375160-0315, 375160-0319, 375160-0713,
375160-0715, 375160-0717, 375160-0719, 375160-0721, 375160-0723, 375160-0725, 375160-
0289, 375160-0291, 375160-0311,
❑ Assessor Tax # not yet assigned
Said documer9(6) were W for
rGODrd by PacHic Northwest Thk as
aaoommodation only. It has not been
exarnlned as to proper oxecWon or
as to Its meat Dann mto.
L1018-2C
ORDINANCE NO.5 9 3 8
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE REQUEST TO REZONE APPROXIMATELY
THIRTY-FIVE ACRES FROM SINGLE FAMILY
RESIDENTIAL (RS) TO SINGLE FAMILY
RESIDENTIAL (R2) WITHIN THE CITY OF AUBURN,
WASHINGTON
WHEREAS, Application No. REZ04-0005, dated July 22, 2005, has been
submitted to the City of Auburn, Washington by Cornerstone Homes 'and
Development, requesting approval of rezone request for approximately thirty-five
acres from Single Family-Residential (RS) to Single-Family Residential (R2) in
Auburn, Washington.
WHEREAS, said request above referred the Hearing Examiner for study
and public hearing thereon; and
WHEREAS, pursuant to staff review, the Hearing Examiner conducted a
public hearing to consider said petition in the Council Chambers of the Auburn
City Hall on July 19, 2005, of which the Hearing Examiner recommended
approval of the rezone on August 2, 2005; and
WHEREAS, the City Council, on August 15, 2005, considered said
request and affirmed the Hearing Examiner's recommendation for preliminary
rezone based upon the following Findings of Fact and Conclusions, to-wit:
Ordinance No. 5938
August 10, 2005
Page 1 of 8
L
FINDINGS OF FACT
1. The Applicant requests a rezone of approximately thirty-five acres from
Single-Family Residential (RS) to Single-Family Residential T2). The site is
made up of several contiguous parcels located east of 56 Avenue South,
between Iowa Drive and South 336th Street in Auburn, Washington. 'Exhibit 1,
pages 1-2; Exhibits 2 & 3.
2. The rezone is requested in conjunction with an application for preliminary
plat approval to subdivide the subject property into 107 single-family residential
lots consistent with R2 development standards (City file no. PLT04-0007). The
rezone would lower the minimum required lot size. Exhibit 1, page 2; Testimony
of Mr. Osaki.
3. The eastern portion of the subject property contains forested steep slopes.
The site has not been developed previously due to the difficulties associated with
provision of utilities. In February 2005, the City approved a service area
agreement with the Lakehaven Utility District by adopting Resolution No. 3824.
The service area agreement makes it possible for sewer service to be extended
to the subject property. Exhibit 1, page 3; Exhibit 3, Application, page 4.
4. The exact zoning history of the site is not known. The City apparently
annexed the subject property in 1971 without a zoning designation. It would
have been treated as an "Unclassified Use District," which was a default zoning
designation assigned to new areas annexed to the City without zoning to prevent
the uncontrolled intrusion of uses inconsistent with the City's Comprehensive
Plan. City records indicate that the subject property has been zoned RS since at
least 1987. Exhibit 10, Memorandum from Planning and Community
Development Department, dated July 20, 2005.
5. The purpose of the existing RS zoning designation of the site is to provide
areas for estate-type residential development on large lots. The minimum lot
size allowed in the RS district is 35,000 square feet. Auburn City Code (ACC)
18.10.010, .020, and .040. Under the existing zoning designation, the subject
property could be developed with approximately twenty-three residential lots.
Exhibit 3, Application, page 10.
6. The purpose of the desired R2 zoning district is to create a living
environment of optimum standards for single-family dwellings, in part, through
limiting development to relatively low densities. The R2 district requires a
minimum lot size of 6,000 square feet. ACC 18.14.010. Under the proposed R2
`Note: All exhibits referenced herein are exhibits attached to the Hearing Examiner's Findings of
Fact and Conclusions, which exhibits are incorporated herein.
Ordinance No. 5938
August 10, 2005
Page 2 of 8
zoning designation, the site could be developed with 107 residential lots at a
density of 3.25 to five units per acre. Exhibit 3, Application, pages 10-11.
7. Properties east of the site are within the City of Auburn and have
Comprehensive Plan land use designations of "Open Space" and "Heavy
Commercial." Along the West Valley Highway east of the site, properties have a
Heavy Commercial (C3) zoning designation and are developed with commercial
uses. Properties north and south of the site have an "Urban Residential Low"
King County Comprehensive Plan Land Use designation and are zoned low
density residential (King County, R1).. West of the site, properties have an
"Urban Residential Medium" King County Comprehensive Plan Land Use
designation and a King County medium density urban residential zoning
designation (R4). Some parcels to the west are developed with scattered single-,
family residential development. Residential lot sizes in the King County area to
the south range from 9,000 to 15,000 square feet. North and west of the site,
residential lots range from 16,000 to 22,000 square feet. Exhibit 9, Aerial photo;
Exhibit 1, pages 2-3; Exhibit 3, Application, see page 7.
8. The forested steep slopes to be retained along the eastern site boundary
would buffer the proposed 6,000 to 12,000 square foot residential lots from
commercial development along the West Valley Highway to the east. Exhibit 3,
Application.
9.' The City of Auburn Comprehensive Plan land use designation of the
subject property is "Single Family Residential." The purpose of the Single Family
Residential designation is to designate and protect areas for predominantly
single-family dwellings. Exhibit 1, page 3. Several goals and policies of the
Auburn Comprehensive Plan are particularly applicable to the requested rezone.
Housing Goal 7, Residential Development, encourages the development of new
singe-family detached housing as a priority in maintaining the community
character of the City. Goal 18, Environmental and Natural Resources, promotes
the preservation of the City's unique, sensitive, and productive natural resources.
Policy LU-14 encourages densities between four and six units per acre in the
majority of the single-family residentially zoned areas within the City. Exhibit 3,
Application; City of Auburn Comprehensive Plan, pages 4-10,
10. The smaller lot sizes allowed by the requested R2 zoning designation
would be consistent with the City's overall housing development strategy, as
established in Chapter 4, the Housing Element of the City's Comprehensive Plan.
Auburn currently has a small proportion of middle to higher income households:
Development during the past twenty years has primarily addressed the needs of
low to moderate income groups through proliferation of multi-family and first-time-
buyer housing. The City's Comprehensive Plan seeks to integrate the
community through diversifying available housing stock to achieve a more even
-
Ordinance No. 5938
August 10, 2005
Page 3 of 8
distribution and diversity of social-economic groups. Auburn Comprehensive
Plan, Land Use Goal 38, page 3-20, Exhibit 1, page 4.
11. The City's population is forecasted to nearly double by the year 2020 to
reach approximately 85,000. Exhibit 3, Application, citing the Auburn Planning &
Community Development's July 14, 2004 study, City of Auburn's 2020 Population
Estimate.
12. In recommending approval of the rezone, City Planning & Community
Development staff submitted that the proposed rezone would be consistent with
a decision issued by the Central Puget Sound Growth Management Hearings
Board in 1995 establishing four units per acre as the minimum appropriate
residential density for urban areas. Exhibit 1, page 3, citing Bremerton et al. v.
Kitsap County, CPSGMHB No. 95-3-0039c, Final Decision and Order, October 6,
1995.
13. The City of Auburn acted as lead agency for review of environmental
impacts caused by the proposed rezone and preliminary plat. The City issued a
combined Mitigated Determination of Non-Significance (DNS) for both proposals
on June 7, 2005. It was not appealed. Exhibit 1, page 3; Testimony of Mr.
Osaki.
14. Notice of the rezone application was provided to the Washington State
Department of Community, Trade and Economic Development and other state
agencies on November 24, 2004. No comments have been received from any
state agency. Exhibit 1, page 3.
15. Notice of the open record hearing was mailed to properties within 300 feet
of the site, posted on the subject property, and published in King County Journal
on July 7, 2005. Exhibits 6, 7, and 8. There was no public comment on the
rezone application. Testimony of Mr. Osaki.
CONCLUSIONS
Jurisdiction
The Hearing Examiner is granted authority to make a recommendation to the
Auburn City Council on rezone applications pursuant to RCW 35.63.170 and
ACC 18.68.130.
Criteria for Review
For a rezone application to be approved, the Applicant must show the following:
1. The rezone is consistent with the Comprehensive Plan;
2. The rezone was initiated by someone other than the City; and
Ordinance No. 5938
August 10, 2005
Page 4 of 8
3. Changes or modifications to the rezone by the Hearing Examiner or City
Council will not result in a more intense zone than the one requested.
ACC 18.68.030 and 18.68.050.
In addition to the criteria set forth in the Auburn City Code, the rezone application
must be consistent with state law. In the decision Parkridge V. Seattle, 89 Wn.2d
454 (1978), the Washington Supreme Court identified the following general
criteria for rezone approval:
1. There is no presumption of validity favoring the action or rezoning;
2. The proponents of the rezone have the burden of proof in demonstrating
that conditions have changed since the original zoning;
3. The rezone must bear a substantial relationship to the public health,
safety, morals, or welfare.
In more recent decisions the Supreme Court and the Court of Appeals have
identified an exception to the second Parkridge criterion that is relevant to this
case. In Bjarnson v. Kitsap County, 78 Wash. App. 840, 846 (1995), the court
held that "where the proposed rezone implements policies of the
comprehensive plan, changed circumstances are not required." The court
adopted the rationale from the earlier decision Save Our Rural Environment v.
Snohomish County that:
If such implementation were not allowed to occur until
physical or developmental circumstances in the area
w had changed, the new comprehensive plan might
never be fulfilled: if an area is presently undeveloped
and newly amended comprehensive plan calls for
industrial development, no industrial development
may occur until al least one rezone has been granted.
Bjarnson, 78 Wash. App. at 846 (quoting Save Our Rural Environment v.
Snohomish County, 99 Wash.2d 363, 370 (1983)). Because the City of Auburn
criteria for rezone approval require that the rezone be consistent with the
Comprehensive Plan, no analysis of changed circumstances is required.
Conclusions Based on Findincas
1. The proposed rezone would be consistent with the City of Auburn
Comprehensive Plan. The Comprehensive. Plan designation of the subject
Ordinance No. 5938
August 10, 2005
Page 5 of 8
property is Single Family Residential. The requested R2 zoning would implement
this designation. The higher densities permitted in the R2 district would be
consistent with the City's overall housing strategy of meeting the needs of the
forecasted population growth. Findings Nos. 6, 7, 9, 10; and 11.
2. The City of Auburn did not initiate the proposed rezone. Finding No.
1.
3. No modification of the proposed rezone is required. The requested R2
zoning would be compatible with the residential zoning of surrounding properties
to the north, south, and west and the Comprehensive Plan. Significant steep
slopes along the eastern boundary of the rezone area would buffer any future
residential development from existing commercial development east of the site
along the West Valley Highway. Findings Nos. 6, 7, and S.
4. The proposed rezone bears a substantial relationship to the public
health, safety, morals, or welfare of the community. The subject property can
be provided with public utilities pursuant to the service area agreement with the
Lakehaven Utility District. The proposed rezone would allow future residential
development consistent with existing land uses in the vicinity and with the land
use designation for the site. The contemplated middle and higher income
housing would be consistent with the Comprehensive Plan goals and policies.
Findings Nos. 3, 7, 10, and 11.
DECISION
Based upon the preceding Findings and Conclusions, the Hearing's
Examiner recommends that the request to rezone approximately thirty-five acres
located east of 56th Avenue South, between Iowa Drive and South 336th Street in
Auburn, Washington from Single-Family Residential (RS) to Single-Family
Residential (R2) be APPROVED.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Approval. The Findings of Fact, Conclusions of Law and
Decision of the Hearing Examiner are adopted herein by this reference, and the
rezone request is hereby approved to rezone approximately thirty-five acres
located east of 56th Avenue South, between Iowa Drive and South 336th Street in
Ordinance No. 5938
August 10, 2005
Page 6 of 8
Auburn, Washington from Single-Family Residential (RS) to Single-Family
Residential (R2), and as legally described in Exhibit A attached hereto, subject to
the conditions as outlined above.
Section 2. Severability. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
Section 3. Recording. Upon the passage, approval and publication of
this Ordinance as provided by law, the City Clerk of the City 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.
Ordinance No. 5938
August 10, 2005
Page 7 of 8
r
i
INTRODUCED: SEP 6' 2005
PASSED: SEP 6'- 2005
APPROVED: SEP 6 - 2005
cr ~
Peter B. Lewis
MAYOR
I
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
f"',
niel B. H ,
City Attorney -
Ordinance No. 5938
August 10, 2005
Page 8 of 8
i
Exhibit "A"
Ordinance No. 5938
LEGAL DESCRIPTION OF PROPERTY
Lots l through 9 in Block 4 and Lots 1, 2,. and 3 of Block 13 of
Jovita Heights,,.according to plat recorded in Volume 20.of Plats
at page 12, in King County, Washington,
Together with that portion of the former Seattle-Tacoma pole line
easement lying within the Northwest,.quarter of section 23,
Township 21 North, Range 4 East
,.W.M;King County,: Washington,
lying Southeasterly of. Bloack•4.and'.Northwesterly of Block 13 of
said addition, and between the Easterly and Westerly boundaries of
aid Blocks.
and Lots 6 through 12 in Block 13; Except the East 250 feet thereof,
and all of Lots 13, 14, 16, 17,18, and 19 in Block 13 of
Jovita Heights, according to plat recorded in Volume 20 of Plats
at Page 12, in King County., Washington.
i
E~chibit "All
Ordinanoe No. 5938
LEGAL DESCRIPTION OF PROPERTY
Parcel A:
Lot 4, City of Auburn Lot Line Adjustment Number LLA-01-0007- (Revised),
recorded under recording no. 20011106001193, in King County,.
Washington..
Parcel B:
Lot 4A, City of Auburn Lot Line Adjustment. Number LLA-01-0007
(Revised); recorded under recording-no. 20011106001193, in King County,
Washington.
Parcel C:
Lots 5, 6, 7, 8, and 9, Block 25, Jovita Heights, according to the
plat thereof recorded in Volume 20 of Plate, page 12, in King County,
Washington.
Exhibit "A"
Ordinance No. 5938
LEGAL DESCRIPTION OF PROPERTY
Lot 4, Block 13 of Jovita Heights Addition, according to the plat
thereof recorded in Volume 20 of Plats, page 12, in Kidg County,
Washington.
PARCEL B:
Lot 5, Block 13 of Jovita Heights Addition, according to the plat
thereof recorded in Volume 20 of Plats, page 12, in King County,
Washington.
i
Exhibit "A"
Ordinance No. 5938
LEGAL DESCRiPTioN OF PROPERTY
Lot 15, Block 13, Jovita Heights, according to the plat thereof
in Volume 20 of Plats, page 12, in King County, Washington.
RESOLUTION NO. 4006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT FOR PAYMENT
OF FEE IN LIEU OF WETLAND MITIGATION WITH THE
DEVELOPER, CORNERSTONE HOMES AND DEVELOPMENT,
LLC
WHEREAS, the DEVELOPER is owner of certain real property which is located
generally east of 56th Avenue South and between Iowa Drive/South 347th/South 348th
and South 336th Streets in the City of Auburn, King County, Washington, commonly
referred to as "Jovita Heights"; and
WHEREAS, the DEVELOPER or the representative of DEVELOPER executing
this Agreement has the authority to enter into an agreement with the CITY with respect
to planned onsite wetland impacts; and
WHEREAS, it is mutually agreed that this Agreement be entered into to preserve
the quality of wetlands for the benefit of public health, safety, and welfare; and
WHEREAS, it is mutually agreed that preservation of the quality of wetlands is
essential to maintaining a quality environment, maintaining quality water resources, and
the preservation of wildlife, and that preservation of the quality of wetlands is in
conformity with the CITY'S Comprehensive Plan; and
WHEREAS, two wetlands have been identified on the Subject Property and the
"Wetland and Stream Analysis Report' (Initially dated July 13, 2005 with recent update
of February 11, 2005 with a supplement dated March 23, 2005) prepared by B-Twelve,
L1018-2D
Resolution No. 4005
March 28, 2006
Page 1
Inc. defines a 7,194 square foot wetland (Wetland W) and a 21 square foot wetland
(Wetland X); and
WHEREAS, the applicant proposes to fill a portion of wetland "W" and all of
wetland "X" in order to construct the project which will result in a total wetland fill of
approximately 816.53 Square Feet; and
WHEREAS, based on the following Auburn policies, these wetlands need to be
compensated for in order to maintain "no net loss" for the functions and values that
these wetlands provide;
1. EN-29 The City shall consider the impacts of new development on the
quality of wetland resources as part of its environmental review process
and shall require appropriate mitigation and monitoring measures of
important wetland areas. Such mitigation may involve conservation,
enhancement or restoration or replacement of important wetlands, and
provisions for appropriate buffering. The goal of the mitigation should be
no net loss of wetland functions and values. A permanent deed restriction
shall be placed on any wetlands created or enhanced to ensure that they
are preserved in perpetuity.
2. EN-30 Wetlands which are associated with a river or stream, or
provide significant plant and animal habitat opportunities are recognized
by the City as the most important wetland systems, and shall receive the
highest degree of protection and mitigation through conservation,
enhancement, or relocation measures. Wetlands which are limited in size,
Resolution No. 4005
March 28, 2006
Page 2
are isolated from major hydrological systems or provide limited
hydrological or plant and animal habitat opportunities may be considered
by the City for development and displacement in conjunction with
appropriate mitigation.
3. EN-32 It is the City's intent to pursue development of an area-wide
wetlands management program for the entire City to establish a systems
approach to wetlands management. The City shall work with adjacent
communities to adopt and implement the Special Area Management Plan
(SAMP) for the Mill Creek Basin, a draft version of which has been
developed with the U.S. Army Corps of Engineers. The purpose of the
SAMP is to establish uniform wetland definition and methodology
throughout the planning area, to develop a regional consensus and
predictability by identifying important wetlands which must be conserved
and less important wetlands which may be developed. The SAMP is
intended to ensure a balance of the City's commitment between
environmental and economic development interests. The City shall strive
to streamline the permitting process for development in the areas covered
by the SAMP; and
WHEREAS, the wetland systems that were identified to be impacted by the
project consultant fall into the category of limited function and value, low quality
wetlands; and
WHEREAS, with these justifications, staff is proposing to take on the wetland
mitigation responsibilities for the current project involving the Subject Property and
Resolution No. 4005
March 28, 2006
Page 3
integrate it into protecting and enhancing the higher quality wetlands that encompass
the Auburn Environmental Park (AEP); and
WHEREAS, traditionally, when a developer proposes. to impact wetlands,
mitigation ratios are established in order to ensure the success of the wetland
mitigation; and
WHEREAS, the CITY and others have had tremendous success with wetland
mitigation projects throughout the City limits of Auburn; and.
WHEREAS, the CITY after evaluating the factors involved in the Jovita Heights
project has proposed that the developer pay a fee for a mitigation ratio of 6:1 in order to
compensate for mitigation costs, buffer impacts and .any unknown costs that could
develop once the City moves forward with construction in the AEP; and
WHEREAS, the DEVELOPER has determined that it is in their best interest to
pay a fee to the CITY 'in lieu of performing the necessary wetland mitigation with regard
to the Subject Property;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED, HEREIN RESOLVES
AS FOLLOWS:
Section 1. The Mayor and the City Clerk of the City of Auburn to execute an
agreement for the payment of fee in lieu of wetland mitigation with the developer,
Cornerstone Homes and Development LLC, for its wetland impacts on the Jovita
Heights project. A copy of said agreement is attached hereto, denominated as Exhibit
"1" and made a part hereof as though set forth in full herein.
Resolution No. 4005
March 28, 2006
Page 4
i
i
Section 2. The Mayor is hereby authorized to implement such administrative
i
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This Resolution shall be in full force and effect upon its passage
and signatures hereon.
DATED AND SIGNED THIS day of , 2006.
CI UB N
PLATER-B. LEWIS
MAYOR
ATTEST:
Dan a Daskam
City Clerk
APP OVED AS TO FOR :
nieI B. H
City Attorney
Resolution No. 4005
March 28, 2006
Page 5
Return Address:
Auburn
City of Aulbu nle 20060425002086
PACIFIC NW TIT AG 40.00
25 West Main St. e4~zsiz0es is Os
Auburn, WA 98001 KING COUNTY, UA
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
1. Agreement for Payment of Fee in Lieu of Wetland Mitigation
Reference Number(s) of Documents assigned or released:
❑Additional reference #'s on page _ of document
Grantor(s) (Last name first, then first name and initials)
1. Auburn, City of
Grantee: (Last name first)
1. Cornerstone Homes and Development, LLC
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Jovita Heights Addition
® Additional legal is on page 7 of the document.
Assessor's Property Tax Parcel/Account Number:
375160-0713
❑ Assessor Tax # not yet assigned
AGREEMENT FOR PAYMENT OF FEE IN LIEU OF WETLAND
MITIGATION
THIS AGREEMENT (the "Agreement") is made and entered into this day of ,
2006, by and between CORNERSTONE HOMES AND DEVELOPMENT, LLC, hereina r refe red to as
"DEVELOPER", and the CITY OF AUBURN, a municipal corporation organized under Title 35A RCW,
hereinafter referred to as the "CITY".
WHEREAS, the DEVELOPER is owner of certain real property which is located generally east of 56m
Avenue South and between Iowa Drive/South 347"'/South 348s and South 336s' Streets in the City of Auburn,
King County, Washington, commonly referred to as "Jovita Heights." and described more fully in Exhibit "A"
attached hereto, which property is intended to be subject to this Agreement (the "Subject Property"); and
WHEREAS, the DEVELOPER or the representative of,DEVELOPER executing this Agreement has the
authority to enter into an agreement with the CITY with respect to certain wetland and wetland buffer areas
legally described on Exhibit `B' attached hereto and incorporated herein by reference (the "Wetland Property")
located on the Subject Property; and
WHEREAS, it is mutually agreed that this Agreement be entered into to preserve the quality of wetlands
for the benefit of public health, safety, and welfare; and
WHEREAS, it is mutually agreed that preservation of the quality of wetlands is essential to maintaining a
quality environment, maintaining quality water resources, and the preservation of wildlife, and that
preservation of the quality of wetlands is in conformity with the CITY'S Comprehensive Plan; and
WHEREAS, two wetlands have been identified on the Subject Property and the "Wetland and Stream
Analysis Report" (Initially dated July 13, 2005 with recent update of February 11, 2005 with a supplement
dated March 23, 2005) prepared by B-Twelve, Inc. defines a 7,194 square foot wetland (Wetland W) and a 21
square foot wetland (Wetland X); and
WHEREAS, the applicant proposes to fill a portion of wetland "W" and all of wetland "X" in order to
construct the project which will result in a total wetland fill of approximately 816.53 Square Feet; and
WHEREAS, based on the following Auburn policies, these wetlands need to be compensated for in order
to maintain "no net loss" for the functions and values that these wetlands provide;
1. EN-29 The City shall consider the impacts of new development on the quality of
wetland resources as part of its environmental review process and shall require appropriate
mitigation and monitoring measures of important wetland areas. Such mitigation may
involve conservation, enhancement or restoration or replacement of important wetlands, and
provisions for appropriate buffering. The goal of the mitigation should be no net loss of
wetland functions and values. A permanent deed restriction shall be placed on any wetlands
created or enhanced to ensure that they are preserved in perpetuity.
2. EN-30 Wetlands which are associated with a river or stream, or provide significant
plant and animal habitat opportunities are recognized by the City as the most important
wetland systems, and shall receive the highest degree of protection and mitigation through
conservation, enhancement, or relocation measures. Wetlands which are limited in size, are
isolated from major hydrological systems or provide limited hydrological or plant and animal
March 28, 2006
Page 1
habitat opportunities may be considered by the City for development and displacement in ,
conjunction with appropriate mitigation.
3. EN-32 It is the City's intent to pursue development of an area-wide wetlands
management program for the entire City to establish a systems approach to wetlands
management. The City shall work with adjacent communities to adopt and implement the
Special Area Management Plan (SAMP) for the Mill Creek Basin, a draft version of which
has been developed with the U.S. Army Corps of Engineers. The purpose of the SAMP is to
establish uniform wetland definition and methodology throughout the planning area, to
develop a regional consensus and predictability by identifying important wetlands which
must be conserved and less important wetlands which may be developed. The SAMP is
intended to ensure a balance of the City's commitment between environmental and economic
development interests. The City shall strive to streamline the permitting process for
development in the areas covered by the SAMP; and
WHEREAS, the wetland systems that were identified to be impacted by the project consultant fall into the
category of limited function and value, low quality wetlands; and
WHEREAS, with these justifications, staff is proposing to take on the wetland mitigation responsibilities
for the current project involving the Subject Property and integrate it into protecting and enhancing the higher
quality wetlands that encompass the Auburn Environmental Park (AEP); and
WHEREAS, traditionally, when a developer proposes to impact wetlands, mitigation ratios are established
in order to ensure the success of the wetland mitigation; and
WHEREAS, the CITY and others have had tremendous success with wetland mitigation projects
throughout the City limits of Auburn; and
WHEREAS, the CITY after evaluating the factors involved in the Jovita Heights project has proposed that
the developer pay a fee for a mitigation ratio of 6:1 in order to compensate for mitigation costs, buffer impacts
and any unknown costs that could develop once the City moves forward with construction in the AEP; and
WHEREAS, DEVELOPER has determined that it is in their best interest to pay a fee to the CITY in lieu
of performing the necessary wetland mitigation with regard to the Subject Property;
NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties hereby agree as
follows:
1. AUTHORITY TO ENTER INTO AGREEMENT. DEVELOPER is the owner of
the Subject Property referred to above and has full power and authority to enter into this
agreement.
2. FEE IN LIEU OF WETLAND MITIGATION. DEVELOPER hereby agrees to pay
THIRTY SIX THOUSAND FIVE HUNDRED AND SEVENTY DOLLARS AND _
NO/100 ($36,570.00) to CITY as a fee in lieu of wetland mitigation. The parties agree
that this fee represents the anticipated costs to CITY of performing wetland mitigation
and is based on mitigation of .038 of an acre of impact at a 6:1 ratio which results in 0.23
acres of needed mitigation. The cost of mitigation is agreed to be $159,000.00 per acre
(.023 x $159,000/acre = $36,570.00 total mitigation cost). The fee shall be paid prior to
March 28, 2006
Page 2
the issuance of a grading permit and no further approvals for the project will be granted
until the fee has been paid.
3. ENFORCEMENT. In the event the CITY determines that DEVELOPER is in
violation of the terms of this AGREEMENT, and an enforcement action is initiated, the
prevailing party in such action shall be entitled to recover reasonable attorney's fees and
costs incurred in prosecuting or defending against such enforcement action, in addition
to any other remedy or relief obtained.
4. NON-WAIVER OF BREACH. No omission or failure by the CITY to exercise or
enforce any of its rights under this Agreement or to enforce any breach hereof, nor any
forbearance granted by the CITY, shall be deemed or construed as a waiver by the CITY
of such rights or a discharge of liability for any breach by DEVELOPER of the terms
hereof. Nor shall any delay by the CITY in the exercise or enforcement of its rights and
remedies limit or impair such right or remedy, or be construed as a waiver of the CITY'S
right to pursue its remedies.
5. TERMINATION. This agreement shall terminate on the date of final payment of
funds from the DEVELOPER to the CITY.
6. GOVERNING LAW. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the
parties under any of the provisions of this agreement, resolution of that dispute shall be
available exclusively through the jurisdiction, venue and rules of the King County
Superior Court, King County, Washington.
7. MODIFICATION. No waiver, alteration, or modification of any of the provisions
of this agreement shall be binding unless in writing and signed by a duly authorized
representative of each party.
8. CONSTRUCTION. This Agreement shall be liberally construed to effect the
purpose and intent hereof.
9. SEVERABILITY. If any provision of this Agreement is ruled invalid or
unenforceable for any reason by a court of competent jurisdiction, the remaining
provisions hereof shall remain in force and effect.
10. BINDING ON HEIRS ASSIGNS AND SUCCESSORS. This agreement shall be
binding on the heirs, assigns and successors in interest of the parties hereto, and the
obligations hereunder shall run with the land described in Exhibit "A".
March 28, 2006
Page 3
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first written
above.
DEVELOPER: CITY:
CORNERSTONE E L MENT LLC CITY O UBU corporation
By: By:
Name: r,JA7` LV Name: I u~e ~-ewi s
Title: C °►,e2r~-C /~J(c•~ (title: MaYo✓
March 28, 2006
Page 4
STATE OF WASHINGTON
) ss.
COUNTY OF - I1
ON THIS q e--day of , 200E before me, personally
appeared to me 1 own to be the } M eru NgtfL tV of said company that
executed the within and foregoing instrument, and acknowledged said instrument to be the free
and voluntary act and deed of said company, for the uses and purposes therein mentioned, and
on oath stated that he/she was authorized to execute said instrument.
WITNESS my hand and official seal hereto the day and year in this certificate first above
written. ,
IE E. ~Ssfo*
i QPr~~
r V NOrgR 's>~i,~' '
Y m : % 6C l(sy~~
v'~ ; ~/BItG NOTARY 'PUBLIC in and for the Stale of
Washington, residing at
i~l62IiLtE
~'h,Rp V ~5:~~•'a~, My Commission Expires: 16-'G } 7
STATE OF WASHINGTON )
) ss.
COUNTY OF &A) 15L, )
before me, personally
ON IS day of 3200/9
appeared CITter- .6 , , t me known to be the Mayor of the CITY OF AUBURN, a
municipal corporation, the corporation that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he was authorized to execute
said instrument.
WITNESS my hand and official seal hereto the day and year in this certificate first above
written.
0,4
s A
o~o~ aptAAy 9~:.
%0 ,PuBoo p
u'~9 01; NO ARY PUBLIC in and for the State of
It
T •~~'2~'~•'' Washington, residing at VK a~~~j
,~OF W%"~ M Commission Expires: /Q-Z S- d 7 _
March 28, 2006
Page 5
EXHIBIT A JOVITA HEIGHTS
Project No. 203191
LEGAL DESCRIPTION
PARCEL A:
LOTS 1 THROUGH 9 IN BLOCK 4 AND LOTS 1, 2 AND 3 OF BLOCK 13 OF
JOVITA HEIGHTS, ACCORDING TO PLAT RECORDED IN VOLUME 20 OF
PLATS AT PAGE 12, IN KING COUNTY, WASHINGTON;
TOGETHER WITH THAT PORTION OF THE FORMER SEATTLE-TACOMA POLE
LINE EASEMENT LYING WITHIN THE NORTHWEST QUARTER OF SECTION
23, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, LYING SOUTHEASTERLY OF BLOCK 4 AND
NORTHWESTERLY OF BLOCK 13 OF SAID ADDITION AND BETWEEN THE
EASTERLY AND WESTERLY BOUNDARIES OF SAID BLOCKS.
AND LOTS 6 THROUGH 12 IN BLOCK 13; EXCEPT THE EAST 250 FEET
THEREOF, AND ALL OF LOTS 13, 14, 16, 17, 18, AND 19 IN BLOCK 13 OF
JOVITA HEIGHTS, ACCORDING TO PLAT RECORDED IN VOLUME 20 OF
PLATS AT PAGE 12, IN KING COUNTY, WASHINGTON.
PARCEL B:
LOT 4, BLOCK 13, JOVITA HEIGHTS ADDITION, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 12, RECORDS OF
KING COUNTY WASHINGTON.
PARCEL C:
LOT 5, BLOCK 13, JOVITA HEIGHTS ADDITION, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 12, RECORDS OF
KING COUNTY WASHINGTON.
PARCEL D:
LOT 4, CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA-01-0007
(REVISED), RECORDED UNDER RECORDING NO. 20011106001193,
IN KING COUNTY WASHINGTON.
PARCEL E:
LOT 4A, CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA-01-0007
(REVISED), RECORDED UNDER RECORDING NO. 20011106001193,
IN KING COUNTY WASHINGTON.
PARCEL F:
LOTS 5, 6, 7, 8 AND 9, BLOCK 25, JOVITA HEIGHTS, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 12,
IN KING COUNTY WASHINGTON.
PARCEL G:
LOTS 2 AND 3, CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER
LLA-04-0018, RECORDED UNDER RECORDING NO. 20041115002495,
IN KING COUNTY WASHINGTON.
► , , CITY;OF AUBURN
WETLANDX
yo
56TH AVE S
SIL 11L SIL SIL T 11
WETLAND w 4\ 9/L 3W/L \ \
CITY / COUNTY BOUNDARY LINE 1
W
W
'J F
co)
0
KING COUNTY
CITY OF A ONA I M
r co)
AREA SHOWN `
CITY OF ALGONA
KING COUNTY
8TH AVE S
CITY Of AUBUR `
` II I I I `
56TH VE S
ro o-T r ~T 55r TH AViE S
n KING COUNTY
• N N ~
KEYMAP JOVITA HEIGHTS
NO SCALE IF WETLAND IMPACT AREA
CITY OF
AT T
RN CERTIFICATE OF OMPROVEMENTS
WASHINGTON
FINAL PLAT APPLICATION
FAC06-0029 / FAC06-0027
COMPLETION OF IMPROVEMENTS
The required improvements for the Final Plat of JOVITA HEIGHTS have been
completed in accordance with the Land Division Ordinance and the City of Auburn's
standards and specifications.
1 - Zz f0
City Engineer Date
SECURITY IN LIEU OF COMPLETION
In lieu of the required public improvements for the Final Plat of
, an approved security (type of security)
for $ (150% of the estimated costs of improvements) has
been submitted and approved by the City Engineer.
City Engineer Date
1. The developer has provided references and demonstrated a minimum of 3 years
successful, non-defaulted plat development experience in the Puget Sound region.
2. The bond/security is based on the following costs:
Water $ Sewer $
Storm $ Traffic Signal $
Street $ (luminaires, curb, gutter, streets, private utilities)
White: Contract Administrator Yellow & Pink: Planning Director Goldenrod: Developer
REF. H:\FORMS\FE031 (2/04)
L1018-2E