Loading...
HomeMy WebLinkAbout04-16-2014 HEARING EXAMINER AGENDA PLT13-0004 Wyncrest Exhibit 1 Number of Pages 14 AGENDA BILL APPROVAL FORM Agenda Subject: Wyncrest Division II Preliminary Plat – PLT13-0004 Date: April 1, 2014 Department: Community Development and Public Works Attachments: See Exhibit List at end of report Budget Impact: N/A Administrative Recommendation: Hearing Examiner approve the Preliminary Plat of Wyncrest Division II Background Summary: OWNER/ APPLICANT: Harry Schneider, Schneider Homes, Inc., 6510 Southcenter BLVD, Ste. 1, Kirkland, WA 98033 AGENT: Maher Joudi, PE, D.R. Strong Consulting Engineers, 620 7th AVE, Kirkland, WA 98033 REQUEST: The proposal (“Project”) is to subdivide five (5) parcels totaling 15.51 acres (“Site”) into 41 lots for the construction of single-family residences. LOCATION: The project site is located on the south side of South 300th Street, near the intersection of South 300th Street and 64th Avenue South, in the SE Quarter of Section 2-21-4. Parcels 0221049028, 0221049108, 0221049049, 0221049215, and 0221049165. EXISTING LAND USE: Undeveloped COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential SEPA STATUS: Determination of Non-Significance (File # SEP13-0018) issued April 2, 2014. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Information Services Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Staff: Jones Meeting Date: April 16, 2014 Item Number: Agenda Subject: Wyncrest Division II Preliminary Plat – PLT13-0004 Date: April 1, 2014 Page 2 of 16 The Comprehensive Plan designation, zoning designation, and current land uses of the subject property and adjacent properties are as follows: Comprehensive Plan Designation Zoning Designation Current Land Use Site Single-Family Residential R5 Residential, 5 Dwelling Units per Acre Vacant North Single-Family Residential R5 Residential, 5 Dwelling Units per Acre Single-family residences / vacant South Single-Family Residential R5 Residential, 5 Dwelling Units per Acre Vacant West Single-Family Residential R5 Residential, 5 Dwelling Units per Acre Vacant East Single-Family Residential / Open Space R5 Residential, 5 Dwelling Units per Acre / M1 Light Industrial Vacant / Industrial buildings Map showing adjacent zoning designations: SITE R5 R1 M1 P1 R5 Agenda Subject: Wyncrest Division II Preliminary Plat – PLT13-0004 Date: April 1, 2014 Page 3 of 16 FINDINGS OF FACT: 1. Harry Schneider of Schneider Homes, Inc. (Applicant) submitted a Preliminary Plat application (“Project”) on July 9, 2013 to subdivide five (5) parcels totaling approximately. 15.5 acres (“Site”) into 41 lots for the construction of single-family residences. 2. The Site is located on the south side of South 300th Street, near the intersection of South 300th Street and 64th Avenue South, within the City of Auburn, and referenced by King County Tax Assessor Parcel No’s. 0221049028, 0221049108, 0221049049, 0221049215, and 0221049165. 3. The Site is currently undeveloped. 4. The Site is zoned R5 Residential, Five (5) Dwelling Units per Acre, and the Project is vested to this standard. The Comprehensive Land Use designation for the Property is Single-Family Residential. 5. The Project’s calculated density is 4.35 dwelling units per net acre. The base (maximum) density for the R5 zone is 5 dwelling units per net acre. The minimum density for the R5 zone is 4 dwelling units per net acre (ACC 18.07.030). The following lot standards are applicable to the R5 zone: Minimum average lot area: 8,000sf Minimum lot area: 6,000sf Minimum lot width: 50 feet The following lot dimensions are proposed by the Project: Minimum average lot area: 8,562sf Minimum lot area: 6,000sf Minimum lot width: 50 feet 6. Per ACC 12.64A Required Public Improvements, the following public right-of-way (ROW) improvements are required for the subdivision:  Construction of improvements along the S 300th Street frontage to the “Residential Collector” street standard specified in the City of Auburn Engineering Design Standards. 7. Per ACC 17.18.010, the Hearing Examiner may approve a modification of any standard or specification established or referenced by ACC 17.14 or established or referenced in the city's design standards or construction standards, upon making the findings of fact in ACC 17.18.030; provided, that the Hearing Examiner shall obtain the concurrence of the City Engineer for any requests to modify any City of Auburn design or construction standard. 8. Per the modification (also termed “deviation”) requests (“Exhibit 14”) the first dated June 27, 2013 (received on July 9, 2013), and the second dated November 26, 2013 (received January 23, 2014), the applicant proposes the following:  Elimination of the required center turn lane and include the bike lane within the existing 30-foot half ROW on 64th Avenue South.  Construct the required 5-foot sidewalk on only one side of private access roads on the west side of South 62nd Street and the north side of Private Access Tract H.  Request relief from the driveway spacing standards for Lots 2 and 3, 9 and 10, 11 and 12, 23 and 24, and 32 and 33. The standard driveway spacing per Traffic-11 is a minimum of 5 feet from the property line, thus 10 feet from the adjacent driveway. Agenda Subject: Wyncrest Division II Preliminary Plat – PLT13-0004 Date: April 1, 2014 Page 4 of 16  Relief from the intersection spacing requirements (See Design Standard 10.04.4.1.1) for the South 300th Street/64th Avenue South and South 300th Place/64th Avenue South intersections. 9. The request for multiple transportation-related modifications has been reviewed by the transportation staff and the City Engineer. The City Engineer is recommending approval of all. Please see “Exhibit 14” for transportation staff analysis and reasons for support. 10. The Applicant has completed a Traffic Impact Analysis (TIA) for the Project, inclusive of the modification proposed. The City’s Transportation Division has reviewed a nd accepted the TIA, prepared by TraffEx, dated October 18, 2013. 11. Water service will be provided by the Lakehaven Utility District, please see “Exhibit 17” for the certificate of water availability. 12. Sanitary sewer service will be provided by the Lakehaven Utility District, please see “Exhibit 17” for the certificate of sewer availability. 13. The requirements of ACC 13.48 Storm Drainage Utility, ACC 15.74 Land Clearing, Filling, and Grading, and the City’s 2009 Surface Water Management Manual (SWMM) are appl icable to the Site and Project. 14. The majority of the Project area will drain to the proposed storm detention and water quality pond located in Tract E (“Exhibit 11”) at the northeast portion of the Site. Stormwater outfall from the storm pond will be released near the northernmost area of the Site, which would then flow in a northerly direction into the ditch on the adjacent property and run continue running northward. This is consistent with the SWMM Minimum Requirement #4 for New Development and Redevelopment, which requires that natural drainage patterns and discharge locations be maintained. 15. In order to maintain wetland hydrology, soils, and vegetation, stormwater runoff from the balance of the proposed lots will be required to drain to and infiltrate in the wetland and buffer contained in proposed Tract F (“Exhibit 11”). This contribution is required to be consistent with the SWMM Minimum Requirement #8 for New Development and Redevelopment. 16. Fire hydrants and mains capable of providing the required fire flow shall be provided per City of Auburn Engineering Design Standards and the 2009 International Fire Code (IFC). Fire hydrant locations shall be approved by the Fire Marshal. 17. Traffic, fire, park, and school impacts are mitigated through th e payment of impact fees in effect at the time of Building Permit issuance for each lot or deferred per Ordinance No. 6455. 18. Critical Landslide or Erosion Hazard areas have been identified in the westernmost portion of the project site (Tract C). However, this area is not proposed to be affected or altered as part of this proposal. 19. The Per the Federal Emergency Management Agency (FEMA) maps, the Class III stream located in the western portion of the project site also is a 100-year regulatory floodplain. However, no alteration or development is proposed within the area of the floodplain. 20. There is one (1) Category III wetland, one (1) Category IV wetland, and one (1) Class III stream existing located on the project site which consists typically of fallow pasture w ith a small area of forested wetland and stream corridor per the field observations gathered for the Critical Areas Report prepared by Sewall Wetland Consulting, Inc., dated May 13, 2013. Approximately 646sf of Wetland A will be impacted by the proposed development, as well as 3,318sf of the wetland buffer with the widening and improvements to South 300th Street; and 546sf of the wetland buffer will temporarily be Agenda Subject: Wyncrest Division II Preliminary Plat – PLT13-0004 Date: April 1, 2014 Page 5 of 16 impacted as a construction access. No portion Wetland B will be impacted by the proposed development. A conceptual mitigation plan has been submitted specifying buffering, enhancement, and creation of additional wetland and wetland buffer for the remaining Category III wetland, which is approximately 0.10 acres in size and located in proposed Tract F (“Exhibit 10”). 21. The wetland enhancement and creation proposed for the Project is generally consistent with City’s Critical Area regulations specified in ACC 16.10.110. A Final Mitigation Plan addressing construction details of mitigating impacts to on-site wetlands consistent with ACC 16.10.090 through 16.10.130 is required to be approved and implemented. 22. The Site is located in Groundwater Protection Zone 4, requiring implementation of best management practices for water resource protection per ACC 16.10.120(E)(2). 23. No state or federal candidate threatened or endangered plant and animal species has been identified on the Site. 24. No known places or objects listed on or proposed for national, state, or local preservation registers has been identified on the Site per the Department of Archaeology and Historic Preservation website. 25. The Site is not located within any shoreline designation. 26. A Notice of Application (NOA) was issued for the Preliminary Plat and SEPA Checklist on September 3, 2013. The City received one (1) comment letter on the project and a City response letter (email) was sent to the concerned party on October 9, 2013 (“Exhibit 8”). This original notice identified a public hearing was required and that a separate notice would be issued . 27. A combined Notice of Public Hearing and Determination of Non-Significance (DNS) was issued on April 2, 2014 (“Exhibit 6”). At the writing of this report, no comment letters have been received by the City. The combined SEPA determination and public hearing notice was issued a minimum of 14 days prior to the public hearing as required by WAC 197-11-340(2), and ACC 2.46.130. The notice was also posted at the Site and mailed to adjacent property owners within 300 feet of Site. CONCLUSIONS ACC 17.10.070, Findings of Fact, provides certain criteria for approval of a Preliminary Plat. The following is a list of these criteria (in italics) and staff analysis of how the Project compares to the criteria: 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 schools. Staff Analysis The Project includes adequate provisions for access, water and sanitary sewer service, stormwater management, fire protection, recreation, and schools. The proposed extension of 64th Avenue South and the proposed South 62nd Street will provide access for the Project’s 41 lots. In its review of the Project, the City’s Transportation Division has found the dedications and improvements to South 300th Street, to be acceptable. Water and sewer service is available from Lakehaven Utility District and in a size and capacity capable of serving the Site. Agenda Subject: Wyncrest Division II Preliminary Plat – PLT13-0004 Date: April 1, 2014 Page 6 of 16 Stormwater management, drainage, and erosion control will be adequately provided consistent with the ACC 13.48 Storm Drainage Utility, ACC 15.74 Land Clearing, Filling, and Grading, the City’s 2009 Surface Water Management Manual (SWMM), and any other applicable City standards. Adequate provision of fire protection is made through the payment of fire impact fees at the time of Building Permit issuance for each lot, unless deferred and consistency with the City of Auburn Engineering Design Standards and the 2009 International Fire Code (IFC) for provision of on-site hydrants. Adequate provisions for schools are made through the payment of school impact fees at the time of Building Permit issuance for each lot, unless deferred. Sidewalks do exist in the vicinity and are located on the northern side of South 300th Street. Sidewalks will be provided along the improved south side of South 300th Street, the extension of 64th Avenue South, as well as proposed roads South 62nd Street, 63rd Place South, and 65th Avenue South, will provide pedestrian access. Adequate provisions for parks are made through the payment of park impact fees at the time of Building Permit issuance for each lot unless deferred. The proposed Project of 41 lots does not reach the threshold of 50 units that requires the dedication of park land per ACC 17.14.100. 2. Conformance of the proposed subdivision to the general purposes of the comprehensive plan. Staff Analysis The Project is consistent with the general purposes of the Comprehensive Plan. Specifically, the Project is consistent with the following Comprehensive Plan goals, objectives, and policies: “Capital Facilities Goal 1: Planning Approach To manage growth in a manner which enhances, rather than detracts from community quality and values by actively coordinating land use type and intensity with City facility and service development provision.” “Objective 1.4: To ensure that new development does not out-pace the City’s ability to provide and maintain adequate public facilities and services, by allowing new development to occur only when and where adequate facilities exist or will be provided, and by encouraging development types and locations which can support the public services they require.” “Policy CF-2: Development shall be allowed only when and where such development can be adequately served by public services (police and fire) without r educing level of service elsewhere.” Policy CF-7: The City shall encourage and approve development only where adequate public services including police protection, fire and emergency medical services, education, parks and other recreational facilities, solid waste collection, and other governmental services are available or will be made available at acceptable levels of service prior to project occupancy or use.” Adequate Police and Fire services will be available to serve the proposed development and wi ll be provided by the Valley Regional Fire Authority and the City of Auburn Police Department. “Capital Facilities Goal 13: City Utilities Ensure that development will only occur if the urban services necessary to support the development will be available at the time of development.” Agenda Subject: Wyncrest Division II Preliminary Plat – PLT13-0004 Date: April 1, 2014 Page 7 of 16 “Objective 13.4: To ensure that collection, conveyance, storage and discharge of storm drainage is provided in a sufficient and environmentally responsible manner, in order to meet the needs of the existing community and provide for its planned growth.” “Policy CF-37: The City shall require developers to construct storm drainage improvements directly serving the development, including any necessary off-site improvements.” “Policy CF-45: The City shall promote policies which seek to maintain the existing conveyance capacity of natural drainage courses.” “Policy CF-53: The City shall seek to minimize the impacts to the natural river system’s hydrology by encouraging pre-treatment of surface flows of new development and re- introduction into the groundwater where feasible.” Urban services will be available to serve the proposed development. Water and sewer service is available from the Lakehaven Utility District and is capable of serving the Site. The majority of the stormwater resulting from the Project will drain to the stormwater detention and water quality pond constructed by the developer and located in Tract E prior to controlled release near the northeast corner of the Site. Stormwater from several lots will drain to the wetland and buffer contained in proposed Tract F of the Project, which achieves both infiltration and maintenance of wetland hydrology, soils, and vegetation. Stormwater management, drainage, and erosion control will be adequately provided consistent with the ACC 13.48 Storm Drainage Utility, ACC 15.74 Land Clearing, Filling, and Grading, the City’s 2009 Surface Water Management Manual (SWMM), and any other applicable City standards. “Land Use Goal 7: Residential Development To emphasize housing development at single-family densities, in order to reestablish a mix of housing types appropriate for a family oriented community, while recognizing the need and desire for both lower density and higher density housing appropriately located to meet the housing needs of all members of the community.” “Policy LU-17: Residential densities in areas designated for single-family residential uses should be no greater than 7 units per acre.” “Objective 7.2: To designate land for the development of new single-family homes.” “Objective 7.3: To promote the development of quality single family neighborhoods which relate the design and types of residential areas to important natural and manmade features.” “Policy LU-26: Emphasis shall be placed upon the manner in which the recreational needs of the residents shall be met in the approval of any residential development.” “Parks Goal 21: Parks, Recreation, and Open Space To provide and maintain a comprehensive system of parks and opens spaces that responds to the recreational, cultural, environment, and aesthetic needs and desires of the City’s residents.” “Policy PR-2: New developments shall contribute to the development of new parks at a level commensurate with their share of new facility needs as established by the P ark and Recreation Plan.” The Site is 15.5 acres. The net site area used to calculate density, except those portions excluded under ACC 18.02.065(A), Methods of Calculating Density, is 9.42 acres. With 41 lots proposed, this Agenda Subject: Wyncrest Division II Preliminary Plat – PLT13-0004 Date: April 1, 2014 Page 8 of 16 yields a density of 4.35 dwelling units per net acre, which is consistent with the Comprehensive Plan policy regarding density of areas designated for single -family residential uses. The proposed project meets the density of the R5 zoning district and land use designation of Single-Family Residential and assists the City in meeting its housing targets and growth management objectives. Recreational needs of the residents are met through the assessment of park impact fees at the time of Building Permit issuance for each lot unless deferred. The proposed Project of 41 lots does not reach the threshold of 50 units that requires dedication of park land per ACC 17.14.100. “Environment Goal 18: Environment and Natural Resources To maintain and promote a safe and healthy environment and preserve the quality of life, and to protect the area’s most unique, sensitive, and productive natural resources.” “Objective 18.1: To continue to enhance and maintain the quality of surface water, ground water, and shoreline resources in the City and Region.” “Policy EN-4: The City will regulate any new storm water discharges to creeks, streams, rivers, ponds, lakes and other water bodies with the goal of no degradation of the water quality or habitat of the receiving waters, and where feasible seek opportunities to enhance the water quality and habitat of receiving waters .” “EN-13: The City shall consider the impacts of new development on water quality as part of its environmental review process and require any appropriate mitigating measures. Impacts on fish resources shall be a priority concern in such reviews.” The proposal will not have significant adverse environmental impacts provided that the Project is consistent with all applicable City standards and regulations and the proposed plat Conditions of Approval. Consequently, a SEPA Determination of Non-Significance (“Exhibit 9”) was issued on April 2, 2014. 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. Staff Analysis The preceding analysis for Approval Criteria 2 demonstrates the Project’s consistency with the City of Auburn Capital Facilities Plan; Comprehensive Water Plan; Comprehensive Sanitary Sewer Plan; Comprehensive Drainage Plan; and the Parks, Recreation and Open Space Plan. The Project is also consistent with general purposes of the Comprehensive Transportation Plan. Specifically, the Project is consistent with the following Comprehensive Plan Objectives and policies: “Street System Objective: Functional Classification To provide an integrated street network of appropriate c lasses of streets designed to facilitate different types of traffic flows and access needs.” “Policy TR-75: The classification standards adopted in the Auburn Engineering Design Standards are considered the City’s minimum standards for new streets. In cases in which the City attempts to rebuild an existing street within an established ROW , the City Council reserves the authority to determine if additional ROW should be obtained in order to realize the improvement. Preservation of neighborhood continuity and cohesiveness will be respected.” The City’s Transportation Division has reviewed and accepted the Traffic Impact Analysis (TIA), prepared by TraffEx, dated October 18, 2013, which is inclusive of the modifications requested and Agenda Subject: Wyncrest Division II Preliminary Plat – PLT13-0004 Date: April 1, 2014 Page 9 of 16 has shown that the street design for the Project will facilitate the different types of traffic flows and access needs for the development. A brief summary of the street segments and improvements follows: South 300th STREET South 300th Street is designated as a Residential Collector. Dedication of 30 feet of ROW along the South 300th Street frontage achieves the City of Auburn Engineering Design Standard for Residential Collectors. Construction of half-street improvements to the Residential Collector standard is required to maintain neighborhood continuity and cohesiveness by matching the frontage improvements across from the Site on South 300th Street. A modification to the design standards requiring a center two-way left turn lane along S 300th Street at the intersection with 64th Avenue South is sought. The proposal is to not provide the center turn lane at this intersection. 64th AVENUE South 64th Avenue South is designated as a Residential Collector and shall be constructed to achieve the City of Auburn Engineering Design Standard for Residential Collectors and construction of street improvements to the Residential Collector standard to maintain neighborhood continuity and cohesiveness. 64th Avenue South was previously designated as a Residential Collector by the City, and other subdivisions along the 64th Avenue South frontage were constructed to Residential Collector standards. South 62nd STREET South 62nd Street is a proposed public ROW providing access to Lots 37 - 41. It is to be dedicated and constructed to the City of Auburn Engineering Design Standard of Local Residential Street. A modification to the street design standards requiring sidewalks to be constructed on both sides of a Local Residential Street is sought. The proposal is to only provide a sidewalk on the west side of the street which Lots will front and not adjacent to along the portion of the street that fronts Tract F . 63rd PLACE South 63rd Place South is a proposed public ROW providing internal access to the Lots. It is to be dedicated and constructed to the City of Auburn Engineering Design Standard of Local Residential Street. South 300th PLACE South 300th Place is a proposed public ROW providing internal access to the Lots. It is to be dedicated and constructed to the City of Auburn Engineering Design Standard of Local Residential Street. 65th AVENUE South 65th Avenue South is a proposed public ROW providing internal access to the Lots. It is to be dedicated and constructed to the City of Auburn Engineering Design Standard of Local Res idential Street. “Non-Motorized System Objective: Pedestrian Travel To enhance and encourage pedestrian travel in Auburn.” “Policy TR-130: Require developers to incorporate pedestrian facilities into new development and redevelopment in conformance with the Auburn City Code.” As part of the Project, sidewalks are required for South 62nd Street, 63rd Place South, South 300th Place, 65th Avenue South and frontage improvements are required along the Site’s frontage. Agenda Subject: Wyncrest Division II Preliminary Plat – PLT13-0004 Date: April 1, 2014 Page 10 of 16 Sidewalks will be constructed where sidewalks do not exist today, providing pedestrian access when future sidewalk improvements are installed adjacent to the Site. “Non-Motorized System Objective: Bicycle Travel To improve Auburn’s bicycling network.” “Policy TR-138: During the development review process, ensure projects are consistent with the Non-Motorized chapter of the Comprehensive Transportation Plan by requiring ROW dedications and other improvements as needed to develop the bicycle network.” One 6-foot bicycle lane will be provided on the South 300th Street, which is designated as a future Class 2 or 3 bicycle route in the Comprehensive Transportation Plan. 4. Conformance of the proposed subdivision to the general purposes of this title, as enumerated in ACC 17.02.030. “17.02.030 (General) Purpose. The purpose of this title is to regulate the division of land lying within the corporate limits of the city, and to promote the public health, safety and general welfare and prevent or abate public nuisances in accordance with standards established by the state and the city, and to:  Prevent the overcrowding of land;  Promote safe and convenient travel by the public on streets and highways;  Promote the effective use of land;  Provide for adequate light and air;  Facilitate adequate provision for water, sewerage, storm drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements;  Provide for proper ingress and egress;  Provide for the expeditious review and approval of proposed land divisions which comply with this title, the Auburn zoning ordinance, other city plans, policies and land use controls, and Chapter 58.17 RCW ;  Adequately provide for the housing and commercial needs of the citizens of the state and city;  Require uniform monumenting of land divisions and conveyance by accurate legal description; and  Implement the goals, objectives and policies of the Auburn comprehensive plan.” Staff Analysis The proposed Project meets the general purposes of ACC Title 17, Land Adjustments and Divisions. The proposed Project will meet all density and lot dimension requirements for the R5 zone as specified in ACC 18.07, Residential Zones. The Project’s proposed lot dimensions meet the minimum width of 50 feet, minimum lot area per dwelling unit of 6,000sf, and the minimum average lot area per dwelling unit of 8,000sf for the R5 zone. The density of the Project remains within the maximum density of 5 dwelling units per net acre allowed for the R5 zone, and the Project remains consistent with general purpose of the city’s subdivision code (ACC 17.02.030) in that it does not overcrowd the Site with development, is an effective use of land, and provides for adequate light and air through the setback and lot coverage requirements of the R5 zoning district. As addressed under Staff Analysis in response to Criteria No. 1 above, the proposed Project makes adequate provisions for ingress/egress, water, sewer, storm drainage, fire protection, schools, and parks. Agenda Subject: Wyncrest Division II Preliminary Plat – PLT13-0004 Date: April 1, 2014 Page 11 of 16 Staff Analysis of criteria No. 2, above, addresses how the project complies with the City of Auburn Comprehensive Plan. The proposed Project will develop 41 single-family homesites for citizens of the State and City. The Project is also consistent with subdivision standards of Revised Code of Washington (RCW) 58.17. 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 previously approved PUD. Staff Analysis The proposed Project meets the R5 zoning district development regulations specified in ACC Section 18.07.030. A comparison of the project to the city standards is as follows Development Standard Standard of the R5 Zone Standard as Proposed by the Project Minimum lot width 50 feet 50 feet Minimum lot area per dwelling unit 6,000sf 6,000sf Minimum average lot area per dwelling unit 8,000sf 8,562sf The future single-family residences will be required to meet the minimum setbacks and lot coverage specified for the R5 zone in ACC 18.07.030. The Project meets or is capable of meeting other applicable standards. Improvements to the South 300th Street frontage, construction of South 62nd Street, 63rd Place South, South 300th Place, 65th Avenue South, storm drainage, sewer, and water facilities are required to meet the City’s Engineering Design and Construction Standards. These facilities will be reviewed as part of the Facility Extension (FAC), Grading, Storm, and Building Permit applications to be submitted by the applicant. 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. Staff Analysis The proposal will not have significant adverse environmental impacts. All potential environmental impacts of the Project are capable of being mitigated through applicable regulations and the proposed conditions of plat Approval. 7. Adequate provisions are made so the preliminary plat will prevent or abate public nuisances. Staff Analysis Adequate provisions are made so the proposed Project will prevent or abate public nuisances. Agenda Subject: Wyncrest Division II Preliminary Plat – PLT13-0004 Date: April 1, 2014 Page 12 of 16 MODIFICATION OF STANDARDS – City code provides: “17.18.010 Formal subdivisions. A. The hearing examiner may approve a modification of any standard or specification established or referenced by Chapter 17.14 ACC or established or referenced in the city's design standards or construction standards, upon making the findings of fact in ACC 17.18.030; provided, that the hearing examiner shall obtain the concurrence of the city engineer for any requests to modify any city of Auburn design or construction standard. B. The request for modification shall be processed simultaneously with the preliminary plat and the applicant shall submit the modification on forms provided by the department.” The modification can be approved by the Hearing Examiner under the following criteria: “ACC 17.18.030 Findings of fact. 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; D. Such modification will not be materially detrimental to the implementation of the policies and objectives of the comprehensive land use, transportation and utility comprehensive 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.” The applicant has specifically requested the following modifications of standards be considered as part of the preliminary plat approval (“Exhibit 4” and “Exhibit 9”):  Elimination of the required center turn lane and include the bike lane within the existing 30 -foot half ROW on 64th Avenue South.  Construct the required 5-foot sidewalk on only one side of private access roads; on the west side of South 62nd Street and the north side of Private Access Tract H.  Request relief from the driveway spacing standards for Lots 2 and 3, 9 and 10, 11 and 12, 23 and 24, and 32 and 33. The standard driveway spacing per Traffic-11 is a minimum of 5 feet from the property line, thus 10 feet from the adjacent driveway.  Relief from the intersection spacing requirements (See Design Standard 10.04.4.1.1) for the South 300th Street/64th Avenue South and South 300th Place/64th A venue South intersections. Staff Analysis Per the City’s Transportation Division, the elimination of the center turn lane at the intersection of South 300th Street and 64th Avenue South is provide acceptable traffic operations based on their analysis of the future forecast traffic volumes along these roadways . The request is consistent with the character of ROW within the vicinity; the modification to the City of Auburn Engineering Design Standards will not be materially detrimental to the project, traffic operations, safety, and surrounding properties. South 62nd Street fronts on Lots 37 – 41 on its western edge, and Tract F (Open Space Tract) on its eastern edge while Private Access Tract H fronts Lots 18 – 20 on its northern edge and a utility easement Agenda Subject: Wyncrest Division II Preliminary Plat – PLT13-0004 Date: April 1, 2014 Page 13 of 16 (Tract A) on its southern edge. As such, the construction of sidewalk improvements along the eastern frontage of Tract F and the southern frontage of Tract A will not provide additional benefit to the public or enhance pedestrian travel in the vicinity. Sidewalks constructed along the Lot frontages provide direct benefit to the public and will enhance pedestrian walkability and connectivity in the area. The request is consistent with the character of ROW within the vicinity; the modification to the City of Auburn Engineering Design Standards will not be materially detrimental to the surrounding properties. Per the City’s Transportation Division, the location of the driveways for Lots 2 and 3, 9 and 10, 11 and 12, 23 and 24, and 32 and 33 as proposed do not create an adverse safety or operation issues from the driveway spacing requirements. The modification to the standards as detailed in Traffic-11 of the Design Standards will not be materially detrimental to the project, traffic operations, safety, and surrounding properties. The intersection spacing as proposed between South 300th Street/64th Avenue South and South 300th Place/64th Avenue South intersections does not meet the standard requirements set forth in Design Standard 10.04.3. However, based on analysis presented in the TIA and forecast traffic volume information, future traffic volumes are not going to create detrimental traffic operation or vehicle queuing impacts. As such, the request is consistent with the character of ROW within the vicinity; the modification to the City of Auburn Engineering Design Standards will not be materially detrimental to the project, traffic operations, safety, and surrounding properties. Lastly, the modification requests are consistent with the purpose of the ACC Title 17 Land Adjustments and Divisions. Please see “Exhibit 14” for a summation of the findings of the City’s Transportation Division in relation to these modification requests. RECOMMENDATION Based upon the application submitted and accompanying materials and Findings of Fact and Conclusions of the staff report, staff recommends that the Hearing Examiner approve the Preliminary Plat with the following Conditions of Approval: 1. No permits or construction approvals shall be granted prior to the expiration of the SEPA decision appeal period (April 30, 2014). 2. Applicant will need to vacate the ROW as it pertains to Parcel H prior to the issuance of permits or construction approvals. 3. The proposed bike lane along South 300th Street shall be revised to show the proper striping and signage for a dedicated bike lane and not a shared lane as currently depicted on (cite plan, prepared and date)n. 4. A Final Wetland Mitigation Plan consistent with the requirements of ACC 16.10.090, 16.10.110, 16.10.120, and 16.10.130 shall be submitted to the City with the Public Facility Extension plans and approved prior to issuance of permit approvals for ground-disturbing work. 5. A performance and maintenance financial security meeting the requirements of ACC 16.10.130(B) for the wetland mitigation site will be required to be provided in a form acceptable to the City prior to issuance of permit approvals for ground-disturbing work. The amount of the security shall equal 125% of the cost of construction, maintenance, monitoring and routine reporting the mitigation project for the length of the monitoring period. Agenda Subject: Wyncrest Division II Preliminary Plat – PLT13-0004 Date: April 1, 2014 Page 14 of 16 6. Prior to Final Plat approval, the Project shall be revised to show that certain proposed lots’ drainage will be conveyed to the critical areas tract, Tract F, consistent with the conceptual mitigation plan of the Critical Areas Report, prepared by Sewall Wetland Consulting, Inc., dated May 13, 2013. The balance of the Project shall be conveyed to the storm detention and water quality pond located in proposed Tract E. 7. Prior to construction or clearing activities on the Site, the boundary for critical areas tracts, Tract D and Tract F (“Exhibit 10”) shall be clearly marked with orange construction fencing or similar, and shown on engineering plans. The fencing shall remain in place until all clearing and construction is completed. 8. The Final Plat shall contain the following notes for critical areas Tract F: TRACT F IS A CRITICAL AREA TRACT THAT CONTAINS A CATEGORY III WETLAND WITH AN ASSOCIATED BUFFER. DEDICATION OF CRITICAL AREA TRACT(S) AND BUFFER CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT/CRITICAL AREA AND BUFFER. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING THE CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, AND PROTECTION OF PLANT AND ANIMAL HABITAT. THE CRITICAL AREA TRACT/CRITICAL AREA AND BUFFER IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE CRITICAL AREA TRACT/CRITICAL AREA AND BUFFER THE OBLIGATION ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF AUBURN, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITIN THE CRITICAL AREA TRACT/CRITICAL AREA AND BUFFER. THE VEGETATION WITHIN THE CRITICAL AREA TRACT/CRITICAL AREA TRACT AND BUFFER MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED, OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY, UNLESS OTHERWISE PROVIDED BY LAW. THE COMMON BOUNDARY BETWEEN THE TRACT/CRITICAL AREA AND BUFFER AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION, OR OTHER BUILDING ACTIVITY ON A LOT SUBJECT TO SUBJECT TO THE CRITICAL AREA TRACT/CRITICAL AREA AND BUFFER. 9. The Final Plat shall contain the following notes for critical areas Tract D: TRACT D IS A CRITICAL AREA TRACT THAT CONTAINS A CATEGORY IV WETLAND WITH AN ASSOCIATED BUFFER. DEDICATION OF CRITICAL AREA TRACT(S) AND BUFFER CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT/CRITICAL AREA AND BUFFER. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING THE CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, AND PROTECTION OF PLANT AND ANIMAL HABITAT. THE CRITICAL AREA TRACT/CRITICAL AREA AND BUFFER IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE CRITICAL AREA TRACT/CRITICAL AREA AND BUFFER THE OBLIGATION ENFORCEABLE ON BEHALF Agenda Subject: Wyncrest Division II Preliminary Plat – PLT13-0004 Date: April 1, 2014 Page 15 of 16 OF THE PUBLIC BY THE CITY OF AUBURN, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITIN THE CRITICAL AREA TRACT/CRITICAL AREA AND BUFFER. THE VEGETATION WITHIN THE CRITICAL AREA TRACT/CRITICAL AREA TRACT AND BUFFER MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED, OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY, UNLESS OTHERWISE PROVIDED BY LAW. THE COMMON BOUNDARY BETWEEN THE TRACT/CRITICAL AREA AND BUFFER AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION, OR OTHER BUILDING ACTIVITY ON A LOT SUBJECT TO SUBJECT TO THE CRITICAL AREA TRACT/CRITICAL AREA AND BUFFER. 10. The Final Plat shall contain language granting the City access to the on-site critical area within any tracts created for critical area purposes for monitoring and maintenance of these areas but shall not establish any obligation for monitoring and maintenance. 11. Prior to City approval of the Facilities Extension Agreement (FAC), the plat construction drawing shall show the location of fire hydrants for Fire Agency operations. Final fire hydrant locations shall be approved by the Fire Marshal. 12. The plat modification related to the request of not constructing a center two-way left turn lane along S 300th Street and 64th Avenue South is approved 13. The plat modification related to the request of not constructing the sidewalk on the east side of South 62nd Street and the south side of Tract H is approved. 14. The plat modification related to the request of altering the driveway spacing from the minimum requirements as shown in Traffic-11 for Lots 2 and 3, 9 and 10, 11 and 12, 23 and 24, and 32 and 33 is approved. 15. The plat modification related to intersection spacing between the South 300th Street/64th Avenue South and South 300th Place/64th Avenue South intersections is approved. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report EXHIBIT LIST Exhibit 1………..Staff Report Exhibit 2 …….…Vicinity Map Exhibit 3…….….Completed Preliminary Plat Application and Accompanying Materials Exhibit 4…….….Preliminary Plat Plan Set, dated January 20, 2014 Exhibit 5………..Combined Notice of Application, Affidavit of Posting Exhibit 6………..Combined Notice of Public Hearing and SEPA Determination of Non-Significance, and Affidavits for Publishing (Affidavit of Publishing for the Notice of Public Hearing will be provided at the Hearing), Mailing, and Posting for both public notices Exhibit 7………..Completed Environmental Checklist Application, (File # SEP13-0018) Exhibit 8………..Comment Letter from Karen Walter, received September 18, 2013 and City response to comments, sent October 9, 2013 Exhibit 9………..Determination of Non-significance on SEP13-0018 Agenda Subject: Wyncrest Division II Preliminary Plat – PLT13-0004 Date: April 1, 2014 Page 16 of 16 Exhibit 10……….Critical Areas Report, prepared by Sewall Wetland Consulting, Inc., dated May 13, 2013 Exhibit 11………Preliminary Storm Report, Prepared by D.R. Strong Consulting Engineers, dated June 27, 2013 Exhibit 12……….Geotechnical Engineering Report, prepared by Earth Solution NW, LLC, dated February 26, 2013 and Addendum dated October 2, 2013 Exhibit 13……….Traffic Impact Analysis, prepared by TraffEx, dated October 18, 2013 Exhibit 14……….Deviation Requests and Staff Analysis Exhibit 15……….School Walkway Analysis Exhibit 16……….Neighborhood Meeting Materials Exhibit 17……….Water and Sewer Certificates of Availability from Lakeland Utility District SITE S. 300th ST 64 th AV E S 58 th PL S 61 st AV E S S. 299th ST Exhibit 2: Wyncrest Division II Vicinity Map PLT13-0004 / SEP13-0018