HomeMy WebLinkAbout05-17-2023 AgendaHEARING EXAMINER
AGENDA
May 17, 2023
5:30 P.M.
City Council Chambers
25 West Main Street
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CASE NO: PLT22-0003 - AllensAcres Preliminary Plat
APPLICANT: Kevin Thomas, Senior Site Designer/Landscape Architect
Oakpointe
3025 112th Avenue NE Suite 100
Bellevue, WA 98004
PROPERTY OWNER: Marilyn Hoksbergen
12627 SE 304th Street
Auburn, WA 98092
REQUEST: Preliminary plat application to subdivide approximately 4.19 acres into
20 single-family residential lots in the R-5, Residential Zoning District.
Hearing Examiner Agenda
May 17, 2023
5:30 p.m.
________________________________________________________________________________
2
PROJECT LOCATION: The project site is located south of SE 304th St., approx. 220 feet west of
127th Place SE, within NE¼ of Section 9, Township 21, Range 5. King
County Assessor Parcel No. 0921059078, currently addressed as 12627
SE 304th St.
PARCEL NO(S): King County Assessor Parcel No. 0921059078
EXHIBIT 1
AGENDA BILL APPROVAL FORM
HEARING EXAMINER
Agenda Subject/Title:
PLT22-0003, AllensAcres Preliminary Plat
Date:
May 3, 2023
Department:
Community Development
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
DESCRIPTION:
Preliminary plat application to subdivide approximately 4.19 acres into 20 single-family
residential lots in the R-5, Residential Zoning District.
ADMINISTRATIVE RECOMMENDATION:
Hearing Examiner to conduct a public hearing and approve the preliminary plat of AllensAcres
with 17 conditions and the associated Engineering Deviation request.
PROJECT SUMMARY:
Preliminary plat application to subdivide approximately 4.19 acres into 20 single-family
residential lots. The site is zoned R-5, Residential, which allows 4-5 dwelling units per acre. The
proposed lots range in size from 4,755 square feet (sq. ft.) to 9,351 sq. ft. Roadways to be
constructed include a 583 ft. extension of SE 305th St. (from The Alicias Division I subdivision)
to form a cul-de-sac, two (2) new private access and utility tracts (C and D) stemming off of SE
305th St. Stormwater will be managed onsite via one stormwater detention pond (Tract A). City
water and sewer will be extended through the site to service each lot. An existing wetland
Category IV wetland and its associated buffer will be placed into a tract (Tract B).
LOCATION:
The project site is located south of SE 304th St., approx. 220 feet west of 127th Pl. SE, within
NE¼ of Section 9, Township 21, Range 5. King County Assessor Parcel No. 0921059078,
currently addressed as 12627 SE 304th St.
APPLICANT(S):
Kevin Thomas, Senior Site Designer/Landscape Architect, Oakpointe, 3025 112th Ave NE, Suite
100, Bellevue, WA 98004
PROPERTY OWNER(S):
Marilyn Hoksbergen, 12627 SE 304th St., Auburn, WA 98092
Staff Member: Benert
Date: May 3, 2023
Page 2 of 27
Subject Property and Adjacent Property Comprehensive Plan Designation, Zoning
Classification and Current Land Use:
Comprehensive Plan
Designation Zoning Classification Current Land Use
Project
Site
Single Family
Residential
R-5, Residential 5
Dwelling Units per Acre
Single-family residence
and associated accessory
structures
North Single Family
Residential
R-5, Residential 5
Dwelling Units per Acre
SE 304th St. & Single-
Family Residences
South Single Family
Residential
R-5, Residential 5
Dwelling Units per Acre Single-Family Residences
East Single Family
Residential
R-5, Residential 5
Dwelling Units per Acre Single-Family Residences
West Single Family
Residential
R-5, Residential 5
Dwelling Units per Acre
Single-Family Residences
& Vacant land
Excerpted Zoning Map:
Staff Member: Benert
Date: May 3, 2023
Page 3 of 27
Excerpted Comprehensive Plan Map:
Staff Member: Benert
Date: May 3, 2023
Page 4 of 27
2021 Aerial Vicinity Map:
Staff Member: Benert
Date: May 3, 2023
Page 5 of 27
Street Layout Map:
SEPA STATUS:
A Determination of Non-Significance (DNS) was issued under City File No. SEP22-0006 on
April 10, 2023, see Exhibit 4. The comment period ended April 25, 2023 and the appeal period
ended May 9, 2023. There was one public comment received along with the City responses are
included as Exhibit 5. No appeal of the SEPA decision was received.
FINDINGS OF FACT:
Preliminary Plat Findings
1. Kevin Thomas, Senior Site Designer/Landscape Architect, with Oakpointe, on behalf of
Marilyn Hoksbergen, Property Owner, submitted a Preliminary Plat application and
associated SEPA application on March 29, 2022 to subdivide approximately 4.19 acres
(referred to in this Staff Report as the “Site”) into 20 single-family residential lots, and four
tracts; one new private access tract stemming off the cul-de-sac bulb of SE 305th St. (Tract
D), one emergency/pedestrian private access tract connecting SE 305th St. and SE 304th St.
(Tract C), one private critical areas tract (Tract B), and one public stormwater pond tract
(Tract A). The site preparation and construction of the residential subdivision is, referred to
in this Staff Report as the “Project”.
Staff Member: Benert
Date: May 3, 2023
Page 6 of 27
2. The Site consists of one parcel and is located in the Lea Hill neighborhood of the City, south
of SE 304th St. and approximately 220 feet west of 127th Pl. SE. The Site is referenced by
King County Tax Assessor Parcel No. 0921059078.
3. The Site is rectangular in shape, as shown and dimensioned here with the longer axis north-
south:
4. The Site is bordered to the north by an existing “Minor Arterial” classified street (SE 304th
St.). However, the main access will not be from SE 304th St. The main Project access will
be by a road extension from a separate residential subdivision that is planned to the west,
The Alicias Division I (“The Alicias”), which received civil permit (FAC20-0018) approval on
July 28, 2022 but who’s construction has not been completed and has not applied for a final
plat. Located within The Alicias, the new public road, 125th Pl. SE extends south from SE
304th St. approximately 157 feet (ft), then intersects with new public east-west road SE
305th Pl.
The eastward extension of SE 305th Pl. within The Alicias will enter the west side of and will
serve the subdivision of AllensAcres with full street improvements meeting “local residential”
standards and will turn south and terminate in a cul-de-sac.
Two (2) new private access tracts will be utilized, one stemming off the cul-de-sac of SE
305th St. for access to two residential lots and utilities (Tract D) and one tract that connects
SE 305th St. to SE 304th St. for emergency/pedestrian access and utilities (Tract C). The
Project will be dependent on The Alicias subdivision being constructed for access and
utilities as proposed. For full size plans, see Exhibit 7.
288 ft.
288 ft. 633.27 ft. 633.16 ft.
Staff Member: Benert
Date: May 3, 2023
Page 7 of 27
5. The AllensAcres Preliminary Plat, Civil Plans, all associated application documents depict
and callout the road extension from The Alicias with the naming “SE 305th Street”. The street
name that was assigned for The Alicias is “SE 305th Place”. Road name assignments are
formally determined in the civil review process. To be consistent with the city’s addressing
grid and street naming system, the road extension through the Project may be named “SE
305th Place” in the future. To be consistent with the Project’s application materials, the road
extension through the Project will be referenced as “SE 305th St.” throughout the Staff
Report.
6. The Site currently has one single-family home and a three accessory garage and carport
structures. The home and associated accessory structures will be demolished. The site is
also currently served by an existing on-site septic system and well; the existing septic
system and well will be field located and abandoned in accordance with Health Dept
standards prior to commencement of grading activities. Per ACC 13.06.150(C)(D) the
applicant will also be required to sign a service agreement transferring water rights (if
appropriate) and prohibiting the future installation of an irrigation well.
7. The Site has a Comprehensive Plan designation of “Single Family Residential” and is
currently zoned R-5, Residential Five Dwelling Units Per Acre, which has a density range of
between 4 and 5 dwelling units per acre. Based on the Site size of approximately 4.19
acres, the density calculation would require between 17 and 21 lots. Per Auburn City Code
(ACC) 18.02.065(A)(1)(a), when density calculations result in a fraction, fractions of one-half
or above shall be rounded up.
8. The Project is subject to the zoning development standards for the R-5, Residential zoning
district in effect at the time the Project application was considered “Complete” (i.e. vested).
Per ACC 18.07.030 the zoning development standards for the R-5 zoning district include:
• Minimum lot area: 4,500 square feet
• Minimum lot width: 50 feet
• Lot cot coverage: 40%
• Impervious surface: 65%
• Maximum building height: 35 feet
• Minimum yard setbacks:
o Front: 10 feet
o Garage, Front: 20 feet
o Side, interior: 5 feet
o Side, street: 10 feet
o Rear: 20 feet
9. Per ACC 18.52.020, for future development of homes two off-street parking spaces per
single family residence is required.
10. The Site is located within the utility service areas of, and will be served by, City of Auburn for
public water and sewer. City public water and sewer service will be extended from The
Alicias subdivision located to the west within SE 305th St. and also connect back to SE 304th
St through the private access Tract C.
Staff Member: Benert
Date: May 3, 2023
Page 8 of 27
11. The Site slopes down gradually varying from 5% to 25% from the northeast corner of the
Site to the southwest corner. No area of the Site has been identified as “erosion prone”
under the City’s critical area inventory mapping system. The Applicant has provided the City
with adequate information to show that the project will be in conformance with the City’s
Engineering Design Standards. Reference the Geotechnical Report (Exhibit 11).
12. The Site is located within Groundwater Protection Zone 4, the City’s least stringent
classification. Therefore, no impacts are anticipated that cannot be mitigated by utilizing
Best Management Practices (BMPs). As recommended in the Preliminary Stormwater Site
Plan (Exhibit 12), stormwater runoff from the Project will be evaluated, treated, and detained
in a stormwater detention facility (‘stormwater pond’) located in Tract A, in accordance with
the Department of Ecology Stormwater Management Manual for Western Washington
(SWMM) and Auburn Supplements.
13. The Site is not located within any shoreline designation.
14. The Site is not located in the regulatory floodplain per Federal Emergency Management
Agency (FEMA) maps.
15. Per Wetland Delineation and Wildlife Habitat Assessment Report (Exhibit 9), there is one
Category IV wetland with a habitat score of 3-5 located towards the center of the west
border of the Site and extends offsite to the west. The Category IV wetland is approximately
3,610 square feet (SF) in total and the on-site portion of the wetland is approximately 392
SF. The on-site portion of wetland and its associated buffer are proposed to be contained
within Tract B. Per ACC 16.10.090(E)(1), this classification of wetland requires a 40-foot
buffer with minimization measures pursuant to ACC 16.10.090(E)(1)(a)(ii). The Project will
apply the minimization measures to achieve a 40-foot buffer and provide approximately
4,819 square feet (SF) of buffer restoration with native trees and shrubs. Wetland buffer
averaging pursuant to ACC 16.10.090(E)(1)(b) is proposed to reduce the buffer area by 537
square feet (SF) to accommodate a stormwater discharge structure. Therefore, an additional
1,551 SF of buffer area is proposed in compensation and will be enhanced within Tract B
(reference Wetland Buffer Mitigation Plan, Exhibit 10).
16. There are no streams, state or federal candidate threatened, or endangered plant or animal
species identified on the Site (reference the Wetland Delineation and Wildlife Habitat
Assessment Report, Exhibit 9).
17. Per the Washington State Department of Archeology & Historic Preservation (DAHP)
predictive model data, Washington Information System for Architectural & Archaeological
Records Data (WISAARD) (https://dahp.wa.gov/wisaard), a portion of the site is located in a
“Moderate Risk” area for archaeological resources and denotes that a cultural resources
survey is “recommended”. Therefore, a Cultural Resource Assessment (Exhibit 14) was
performed and shared with DAHP.
18. The construction of SE 305th Pl. within The Alicias subdivisions planned to the west of the
Site, will provide access to 25 lots. This road is proposed to be extended east to provide
access for the 20 lots of the subject Project. The result will exceed the city standard for local
Staff Member: Benert
Date: May 3, 2023
Page 9 of 27
residential streets of 30 lots permissible to be served by one road without an additional
emergency vehicle access.
19. In accordance with Chapter 16.64A ACC, half-street improvements will be required on the
south side on SE 304th St., including the right-of-way dedication, curb, gutter, sidewalks,
street lighting, stormwater controls, and landscape strips to meet the City’s “Minor Arterial”
standard.
20. To reduce or avoid temporary noise impacts associated with the Project, all construction
shall occur between the hours of 7 AM and 7 PM on weekdays, and between 9 AM and 6
PM on Saturday and Sunday as required per ACC 8.28.010(B)(8).
21. To mitigate increased demand for parks created by the Project, the current park impact fee
shall be assessed at the time of building permit issuance in accordance with Chapter 19.08
ACC ‘Parks Impact Fees’.
22. To mitigate increased demand for schools created by the Project, the current school impact
fee shall be assessed at the time of building permit issuance in accordance with Chapter
19.02 ACC ‘School Impact Fees’.
23. To mitigate increased demand for fire/emergency services generated by the Project,
payment of the fire impact fee in effect at the time of building permit issuance is required in
accordance with Chapter 19.06 ACC ‘Fire Impact Fees’.
24. To mitigate increased PM peak hour trips generated by the Project, a traffic impact fee in
accordance with the City of Auburn Traffic Impact Fee Schedule shall be assessed at
building permit issuance in accordance with Chapter 19.04 ACC ‘Transportation Impact
Fees’.
25. A combined Notice of Application, Notice of Public Hearing, and Determination of Non-
Significance (DNS) was issued on April 10, 2023 (Exhibit 4). The notices were posted at the
Site, mailed to property owners within 300 ft. of the Site, and published in The Seattle Times
newspaper.
26. In response to the public notice the City received one comment letter from the Department
of Archaeology and Historic Preservation as of May 3, 2023 (the date this Staff Report was
finalized) on the project. The following list is Staff’s abbreviated summary of the comment(s)
along with a short summary of the City’s response, if one was necessitated. The comment
and response is included as Exhibit 6.
a. Stephanie Jolivette (Local Governments Archaeologist, Department of Archaeology and
Historic Preservation (DAHP): provided a letter that concurred with the findings of the
Cultural Resource Assessment (Exhibit 14) prepared by WestLand Engineering &
Environmental Services, Inc. dated July 22, 2022. In the letter, it was also recommended
that a standard Inadvertent Discovery Plan is followed during all ground disturbing
activities upon construction of the subdivision. Lastly, it was requested that any public
comments about the Project received by the City from tribes be shared with DAHP.
Staff Member: Benert
Date: May 3, 2023
Page 10 of 27
City Response: Thanked DAHP for the public comment and confirmed that the City
would share any public comments received by tribes would be shared with DAHP.
Findings for Deviations to Engineering Standards
1. The applicant submitted two requests for “deviations” from the City of Auburn Engineering
Design Standards (COADS) for the following:
a. City File No. DEV22-0034 (Exhibit 15): Access Tract Design Speed (2022 COADS
Section 10.05.7(6)): Approval to reduce the design speed for proposed Tract C
shared access from 30 mph to 15 mph.
b. City File No. DEV22-0036 (Exhibit 15): Design Speed and Horizontal Curve Radius
(2022 COADS Table 10-1): Approval to reduce the design speed for SE 305th St.
from 30 mph to 20 mph and have a 100-foot horizontal curve radius.
2. Deviations from the COADS and Standard Details are subject to approval of the Hearing
Examiner per ACC 17.18.010(A) and COADS 1.04 which state (emphasis added):
“ACC 17.18.010(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.”
“COADS 1.04. For deviation applications that are associated with a preliminary plat
application submitted in compliance with Chapter 17.10 ACC, the deviation application
and a recommendation from the City Engineer must accompany the preliminary plat to
the hearing examiner.”
3. The City Engineer’s recommendations for the two deviations are included under the
separate: ‘Conclusions for Deviations to Engineering Standards’ below.
CONCLUSIONS:
Preliminary Plat Conclusions
Per ACC 14.03.030, a preliminary plat is a Type III Decision, which are quasi-judicial final
decisions made by the Hearing Examiner. ACC 17.10.070 ‘Findings of Fact’ lists the approval
criteria for a preliminary plat. A comparison of the project’s relationship to the subdivision
approval criteria is given below (in italics) followed by a Staff analysis:
A. 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: Adequate provisions are made for public health, safety, and welfare. No
adverse impacts to the public health, safety and general welfare are anticipated from the
Staff Member: Benert
Date: May 3, 2023
Page 11 of 27
proposed subdivision. Staff offers the following analysis of each of subcategory listed in this
criterion:
Open Spaces: At less than 50 lots, the Project is not subject to any park dedication, open
space, or clustering requirements under Title 18 ‘Zoning’ or Title 17 ‘Land Adjustments and
Divisions’ (ACC 17.14.100).
Drainage Ways: Through the civil plan review process, the stormwater runoff from the
Project will be managed, treated, and detained in a stormwater pond located in Tract A, per
the Department of Ecology Stormwater Management Manual for Western Washington
(SWMM) and Auburn Supplements.
Streets, Alleys, other Public Ways: The Project will be required to construct streets per ACC,
Chapter 12.64A ACC ‘Required Public Improvements’, the City’s Engineering Design
Standards, and the Comprehensive Transportation Plan. With the extension of SE 305th St.
and the half-street improvements to SE 304th St., the City’s Transportation Division finds that
there will be no decrease in the road network level of service (LOS) standard. Additionally,
as provided in ‘Finding of Fact’ No. 24, each new residence will be required to pay the
Traffic Impact Fee in place at time of building permit issuance. More specifically, roadways
will be constructed concurrent with the plat as follows:
1. Half-street improvements in accordance with Chapter 12.64A ACC to the Site’s
frontage on SE 304th St.
2. SE 305th St. will be extended eastward from The Alicias subdivision into the Site, curve
to the south, and terminate in a cul-de-sac. Full street improvements to the city’s “local
residential” standard will be required, including a full-width paved roadway (28 ft.),
curb, gutter, sidewalks, street lighting, stormwater controls, and landscape strips.
Parking may be allowed on one side of the road, which side is to be determined
through the civil plan review process. Fifteen lots (Lot Nos. 1-3, 7-13, 16-20) will take
direct access from this new public street. Five lots (Lot Nos. 4-6, 14, 15) will take direct
access from two separate private access tracts (Tract C and Tract D) that take access
from SE 305th St.
3. Tract C is proposed as a private access and utilities tract (joint use driveway) featuring
a paved width of 20 feet (tract is 26.50 ft. in width). Pedestrian access from the Project
to SE 304th St. is provided with curb and a 6-foot-wide sidewalk along the east side of
Tract C. Curb and gutter will be constructed along the west side of Tract C. Three lots
(Lot Nos. 4-6) will take access from this private access tract. A gate and fire agency
knox lock will be located on the northern most portion of Tract C where the access
tract connects to SE 304th St. to provide emergency access to the Project and prohibit
non-emergency vehicular traffic. The gate will not impede the pedestrian access
(sidewalk) and the pedestrian access is required to be ADA-compliant. The tract will be
marked “No Parking” on both sides. Tract C will be owned and maintained by the HOA.
An ingress and egress easement, or other instrument as approved by the City, over
Tract C must be granted to the City of Auburn, for the purpose of providing emergency
services and pedestrian access to SE 305th St.
Staff Member: Benert
Date: May 3, 2023
Page 12 of 27
4. Tract D is proposed as a private access and utilities tract (joint use driveway) featuring
a paved width of 20 feet and curb along both sides (tract is 22 ft. in width). Two lots
(Lot Nos. 14 and 15) will take access from this private access tract. The tract will be
marked “No Parking” on both sides. Tract D will be owned and maintained by the HOA.
5. Pedestrian access will be provided through the plat from SE 305th St., through Tract C
to SE 304th St. Access to the stormwater pond (Tract A) will be provided directly from
SE 305th St.
Based on the City’s Comprehensive Transportation Plan, Functional Roadway Classification
Map, the extension of SE 305th St. will be a “Local Residential” street.
Two Deviations from Engineering Design Standards have been requested. One request is to
reduce the design speed for the proposed private access Tract C. A second request
proposed to reduce the design speed for SE 305th St. and have a 100-foot horizontal curve
radius. The City Engineer has conditionally recommended for approval; reference the
“Conclusions for Deviations to Engineering Standards” below.
Public Water: The Site is located in the City’s water service area. Adequate water service
will be provided for the Project. Water will be extended through the plat from The Alicias
subdivision to the west through SE 305th St. and looped back to the existing water main in
SE 304th St. through Tract C.
Public Sanitary Sewer: The Site is located in the City’s sewer service area. Adequate
sanitary sewer service will be provided for the Project. Sanitary sewer service will be
extended through the plat from The Alicias subdivision to the west through SE 305th St. and
looped back to the existing sewer main in SE 304th St. through Tract C.
Parks, Playgrounds: No parks or playgrounds are proposed for the Project and none are
required under city code authority. Per ‘Finding of Fact’ No. 21, Park Impact Fees will be
paid at the time of building permit issuance. The closest public-owned park is “Village
Square Park”, which is located off of SE 310th St, south of the intersection of 124th Ave SE
and SE 304th St. and is approximately 950 feet (or 0.18 miles) west of Lea Hill Elementary
School. Village Square Park is approximately 0.98 acres in size, features a walking trail,
swing set, small playground, and picnic benches and is 0.7 miles away from the Site
(reference image below).
Staff Member: Benert
Date: May 3, 2023
Page 13 of 27
Schools: The Site is located within the Auburn School District (ASD) boundary. Per the
School Access Analysis (Exhibit 13), students within the Project will attend: 1) Lea Hill
Elementary School; 2) Rainier Middle School, and 3) Auburn Mountainview High School.
Elementary students will walk to Lea Hill Elementary School via concrete sidewalk along the
south side of SE 304th St. which will be constructed as part of the Project and The Alicias
subdivision frontage improvements. The safe walking route will continue south on the east
side of 124th Ave SE (from SE 304th St.) approximately 1,300 feet which consists of concrete
sidewalk, then an 8-foot paved shoulder stretches approximately 1,030 feet until arriving at
the elementary school. Middle School and High School students will be bussed from a bus
stop located at the intersection of 127th Pl SE and SE 306th St. A safe walking route to the
bus stop will be provided along the south side of SE 304th St. via the installation of sidewalk
along the frontage of the Project and eastward to connect to the existing sidewalk at the
intersection of SE 304th St. and 127th Pl. SE as part of required half-street improvements.
Staff Member: Benert
Date: May 3, 2023
Page 14 of 27
From this location there is existing sidewalk along both sides of 127th Pl. SE that was
constructed with the plat directly to the east of the Site (Rainier Shadows plat, reference
image below). This information was obtained from the “E-Link School/Transportation
Information Portal” for the ASD.
Staff therefore finds the Project meets this criterion, as conditioned herein.
B. 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. The Comprehensive Plan Map establishes the future land use designations for the
City of Auburn. The designation of ‘Single Family Residential’ establishes areas intended for
single family dwellings. The Comprehensive Plan Map depicts the Site as ‘Single Family
Residential’. The Project will subdivide 4.19 acres into 20 single-family residential lots.
Therefore, this Project meets the intent of the Comprehensive Plan by developing single
family dwellings. Additionally, adequate City services and facilities can be provided to serve
the plat. City of Auburn public utilities, such as sewer and water will be extended to serve
the proposed Project. The Project will also provide adequate facilities for stormwater; all
stormwater will be directed to the stormwater detention facility pond (‘stormwater pond’)
located in the southwestern portion of the Site (Tract A).The stormwater pond will be
Staff Member: Benert
Date: May 3, 2023
Page 15 of 27
required to meet applicable code and engineering design standards, as conditioned below.
SE 305th St., a “Local Residential” public street will be extended to serve the proposed
Project. Sidewalks will be constructed on both sides of the extended road. The Project will
connect pedestrians to SE 304th St. via private access and utilities Tract C. Pedestrian
access will be enhanced along SE 304th St. by the dedication of right-of-way and
construction of half-street improvements, which will include sidewalks. Public services such
as the Auburn Police Department, Valley Regional Fire Authority, and the Auburn School
District will also serve the proposed Project. Finally, impact fees including traffic, fire, parks,
and school impact fees will mitigate respective impacts generated by the Project.
The Project is also consistent with or implements the specific following goals, objectives,
and policies of the Comprehensive Plan:
Land Use
Policies:
“LU-5 New residential development should contribute to the creation, enhancement, and
improvement of the transportation system, health and human services, emergency
services, school system, and park system. This may be accomplished through the
development of level of service standards, mitigation fees, impact fees, or construction
contributions.”
Capital Facilities
“Objective 1.1. 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.”
Policies:
“CF-1 Lands designated for urban growth by this Plan shall have an urban level of public
facilities (sewer, water, storm drainage, and parks) prior to or concurrent with
development.”
“CF-2 Encourage development where new public facilities can be provided in an efficient
manner.”
“CF-4 If adequate facilities are currently unavailable and public funds are not committed to
provide such facilities, developers must provide such facilities at their own expense in
order to develop.”
“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
Staff Member: Benert
Date: May 3, 2023
Page 16 of 27
services are available or will be made available at acceptable levels of service prior to
project occupancy or use.”
“Objective 1.2. To ensure that new developments are supported by an adequate level of
public services through an effective system of public facilities.”
Policies:
“CF-10 Public facilities shall be provided in accord with the guidance of the Capital
Facilities Plan or, as may be appropriate a system plan for each type of facility designed to
serve at an adequate level of service the locations and intensities of uses specified in this
comprehensive plan.”
“CF-12 No new development shall be approved which is not supported by a minimum of
facilities to support the development and that does not provide for a proportionate share of
related system needs.”
“Objective 1.3. To ensure safe and adequate water service, for both domestic and fire
protection purposes, to meet the needs of the existing community and provide for its
planned growth.”
“CF-16 The City shall continue its policy of requiring that water system extensions needed
to serve new development shall be built prior to or simultaneously with such development,
according to the size and configuration identified by the Comprehensive Water Plan as
necessary to serve future planned development. The location and design of these facilities
shall give full consideration to the ease of operation and maintenance of these facilities by
the City. The City shall continue to participate to the extent permitted by law, through direct
participation, LIDs, and payback agreements, to assist in the financing of such oversized
improvements. Wherever any form of City finance is involved in a waterline extension,
lines that promote a compact development pattern will be favored over lines traversing
large undeveloped areas with uncertain future development plans.”
“Objective 1.4. To ensure the efficient transmission of sanitary sewage to the appropriate
treatment and disposal facilities in order to meet the needs of the existing community and
provide for its planned growth.”
“CF-23 The City shall continue its policy of requiring that sewer system extensions needed
to serve new development shall be built prior to or simultaneously with such development,
according to the size and configuration identified by the Comprehensive Sewer Plan and
Comprehensive Plan as necessary to serve future planned development. The location and
design of these facilities shall give full consideration to the ease of operation and
maintenance of these facilities by the City. The City shall continue to use, to the extent
permitted by law, direct participation, LIDs and payback agreements to assist in the
financing of such oversized improvements. Wherever any form of City finance is involved
in a sewer line extension, lines that promote a compact development pattern will be
favored over lines traversing large undeveloped areas where future development plans are
uncertain.”
Staff Member: Benert
Date: May 3, 2023
Page 17 of 27
“Objective 1.6. 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.”
Policies:
“CF-37 The City shall require developers to construct storm drainage improvements
directly serving the development, including any necessary off-site improvements.”
“CF-38 The City shall require that off-site storm drainage improvements needed to serve
new development shall be built prior to or simultaneously with such development,
according to the size and configuration identified by the Comprehensive Storm Drainage
Plan as necessary to serve future planned development. The location and design of these
facilities shall give full consideration to the ease of operation and maintenance of these
facilities by the City. The City should continue to use direct participation, LIDs and payback
agreements to assist in the financing of off-site improvements required to serve the
development.”
Transportation Plan
“Street-17: Access Tracts may be permitted, as long as emergency access can be
guaranteed at all times.”
“Street-18: The local street network shall be developed to maximize the efficiency of the
transportation network in residential areas and minimize through traffic in neighborhoods.
The internal local residential street network for a subdivision should be designed to
discourage regional through traffic and non-residential traffic from penetrating the
subdivision or adjacent subdivisions.
Where possible, streets shall be planned, designed and constructed to connect to
future development.
When applicable, non-motorized paths shall be provided at the end of dead end
streets to shorten walking distances to an adjacent arterial or public facilities
including, but not 2020 Comprehensive Transportation Plan - Page 84 limited to,
schools and parks.
Residential developments should be planned in a manner that minimizes the
number of local street accesses to arterials and collectors.
To promote efficient connectivity between areas of the community, existing stub
end streets shall be linked to other streets in new development whenever the
opportunity arises and the resulting traffic volumes are not likely to exceed
acceptable volumes as identified in the Auburn Engineering Design Standards.”
“GMA-01: Require developments to construct or finance transportation improvements
and/or implement strategies that mitigate the impacts of new development concurrent with
(within 6 years of) development, as required by the Growth Management Act.”
“Parking-02: New developments should provide adequate off-street parking to meet their
needs.”
Staff Member: Benert
Date: May 3, 2023
Page 18 of 27
“ROW-01: The acquisition and preservation of right-of-way is a key component of
maintaining a viable transportation system. Methods used to acquire and preserve right-of-
way include:
Requiring dedication of right-of-way as a condition of development;
Purchasing right-of-way at fair market value; and
Acquiring development rights and easements from property owners.”
“Ped-03: Require developers to incorporate pedestrian facilities into new development
and redevelopment in conformance with the Auburn City Code.”
Parks, Recreation, and Open Space Plan
“PR-8 Park impact fees should be established that help fund the future development of
new parks, park facilities, trails, and acquisition of open space that meet the needs of an
increasing population.”
C. 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 Criterion B demonstrates the Project’s
consistency with the applicable policies and objectives of the Comprehensive Plans adopted
by the City. The project is generally consistent with the policies of the Comprehensive Plan
including the City of Auburn Land Use Plan, Capital Facilities Plan, Comprehensive
Transportation Plan, and the Parks, Recreation and Open Space Plan.
D. Conformance of the proposed subdivision to the general purposes of this title, as
enumerated in ACC 17.02.030;
Staff Analysis: The proposed subdivision meets the general purposes of Title 17 ACC
‘Land Adjustments and Subdivisions’. The AllensAcres Preliminary Plat is a 20-lot
subdivision that is consistent with the R-5 zoning district. Adequate provisions for water,
sewer, storm drainage, roads, and safe walking conditions will be provided with this Project.
The plat has been processed and reviewed for conformity with Auburn City Code, city plans
and policies, and engineering design standards.
Below is a comparison of the Project’s consistency with ACC 17.02.030 and the specific
purpose statements of the subdivision code (in italics) followed by a Staff analysis for each
item.
“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:
A. Prevent the overcrowding of land;
Staff Analysis: The Project meets the minimum and base density of the R-5 zoning
district. As provided under ‘Finding of Fact’ No. 7, the R-5 zoning district has a density
Staff Member: Benert
Date: May 3, 2023
Page 19 of 27
range of between 4 and 5 dwelling units per acre. As the site is approximately 4.19
acres, which based on the density calculation requires between 17 and 21 lots. Per ACC
18.02.065(A)(1)(a), when density calculations result in a fraction, fractions of one-half or
above shall be rounded up. As proposed the Project will contain 20 lots, which is within
the required density range for the R-5 zoning district. Therefore, the Project will not
create an overcrowding of the land.
B. Promote safe and convenient travel by the public on streets and highways;
Staff Analysis: The Project is extending the public street of SE 305th St. and
constructing new pedestrian access tract (Tract C) to and through the Project and
therefore will provide a means of safe and convenient travel via public routes.
C. Promote the effective use of land;
Staff Analysis: The Project is effectively developing the Site by maximizing the number
of residential units that are allowed for the R-5 zoning district and that can be physically
achieved on the Site considering required utility infrastructure and existing critical areas.
D. Provide for adequate light and air;
Staff Analysis: The Project will provide adequate light and air through the applicable
setback and lot coverage development standards.
E. Facilitate adequate provision for water, sewerage, storm drainage, parks and
recreational areas, sites for schools and school grounds, and other public requirements;
Staff Analysis: The Finding of Facts, and preceding analysis for Criteria A and B
demonstrates the Project is providing adequate provisions for water supplies, sanitary
wastes, drainage, roads, and other public requirements such as public health, safety,
parks, and schools.
F. Identify, preserve, and utilize native soils and/or vegetation for the purposes of
reducing storm water discharges, promoting groundwater infiltration, and implementing
the use of storm water low impact development techniques;
Staff Analysis: The Site mildly slopes down from the northeast corner of the Site to the
southwest corner, with slopes ranging from approximately 5% to 25%. With the
exception of the area designated for the critical area tract (Tract B), the Site will be
cleared of vegetation and graded in preparation of the placement of site improvements
such as the extension of SE 305th St., creation of a stormwater detention facility, home
sites, and the installation of utilities. Per the Geotechnical Report (Exhibit 11), structural
fill and soil will be imported to the Site and reuse of any existing on-site fill will need to be
evaluated in the field by a geotechnical engineer or engineering geologist. Further, to
reduce stormwater discharges, areas of the Site will be revegetated. As proposed in the
Preliminary Civil Plans and Conceptual Landscaping (Exhibit 8), landscape strips along
SE 305th St. will contain seeded lawn and street trees. The area inside the stormwater
facility will be seeded per Auburn Design Standards and the remaining area within the
Staff Member: Benert
Date: May 3, 2023
Page 20 of 27
pond tract (Tract A) that is located outside of the facility will be landscaped with native
trees, shrubs, and groundcover plantings. Also, per the Wetland Buffer Mitigation Plan
(Exhibit 10) the wetland and its associated buffer within the critical area tract (Tract B)
will be enhanced and restored by planting native trees and shrubs. Finally, as required
by the R-5 zoning district, the subsequent development of each lot will be held to a
maximum of 40% lot coverage (building coverage) and 65% impervious surface
coverage.
G. Provide for proper ingress and egress;
Staff Analysis: As demonstrated in the analysis for Criterion A, the Project will provide
proper ingress and egress for each individual future home, and a pedestrian connection
to SE 304th St.
H. 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;
Staff Analysis: Staff has worked with the applicant to ensure a timely and
comprehensive review of the Project.
I. Adequately provide for the housing and commercial needs of the citizens of the state
and city;
Staff Analysis: The Project will eventually provide for 20 new single-family residences to
serve future residents.
J. Require uniform monumenting of land divisions and conveyance by accurate legal
description;
Staff Analysis: Upon final plat map review, the Project will be required to meet all
applicable survey requirements.
K. Implement the goals, objectives and policies of the Auburn Comprehensive Plan.”
Staff Analysis: As analyzed in Criterion B, the Project successfully implements the
Comprehensive Plan.
Staff therefore finds the Project meets this criterion, as conditioned herein.
E. 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: As analyzed in the ‘Preliminary Plat Findings’, above, the Project is able to
meet applicable zoning and engineering standards, with the exception of the requested
engineering deviations, which are discussed under ‘Conclusions for Deviations to
Engineering Standards’ provided below.
Staff Member: Benert
Date: May 3, 2023
Page 21 of 27
The placement of homes will be required to meet the zoning development standards for the
R-5 zoning district to which the Project is vested (reference ‘Finding of Fact’ No. 8).
Staff therefore finds that the Project is able to meet this criterion, as conditioned
herein.
F. 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: Per the Wetland Delineation and Wildlife Habitat Assessment Report
(Exhibit 9) and as detailed in ‘Finding of Fact’ No. 15, there is one Category IV wetland and
its associated buffer present on site that will be contained within Tract B. Per the Wetland
Buffer Mitigation Plan (Exhibit 10) and as detailed in “Finding of Fact’ No. 15, adequate
restoration and enhancement is proposed to allow buffer averaging pursuant to ACC
16.10.090(E)(1)(b) and utilize the minimum buffer width with minimization measures
pursuant to ACC 16.10.090(E)(1)(a)(ii).
Per the Wetland Delineation and Wildlife Habitat Assessment Report (Exhibit 9) and as
detailed in ‘Finding of Fact’ No. 16, there are no streams, or state or federal candidate
threatened or endangered plant or animal species identified on the Site.
The Site is also located within Groundwater Protection Zone 4, which is the least stringent
classification. With the utilization of Best Management Practices, it is anticipated that
potential impacts to groundwater can be mitigated.
A SEPA Determination of Non-significance was issued on April 10, 2023 for this Project.
Compliance with the recommended conditions of approval, city code, and engineering
design standards will ensure that the Project will not have an adverse impact on the
environment.
During civil plan review process, the Project will be reviewed in accordance with applicable
local, state, and federal standards to ensure no unacceptable adverse impacts to the
environment occur.
Staff therefore finds the Project meets this criterion, as conditioned herein.
G. Adequate provisions are made so the preliminary plat will prevent or abate public nuisances;
Staff Analysis: Adequate provisions are made and will be made through the subsequent
civil plan review process, so the proposed Project will prevent or abate public nuisances. As
the Site is mainly undeveloped, there are no active code violation cases for the site and no
known public nuisances.
Staff therefore finds the Project meets this criterion, as conditioned herein.
H. Lot configuration, street and utility layouts, and building envelopes shall be designed in a
manner that identifies, preserves, and utilizes native soils and/or vegetation that are
Staff Member: Benert
Date: May 3, 2023
Page 22 of 27
integrated into a low impact development facility, consistent with the city’s adopted storm
water management manual.
Staff Analysis: As analyzed in Criteria A, B, and D above, the Project has been designed
such that it will be consistent with the City’s Engineering Design Standards and the
Department of Ecology Stormwater Management Manual for Western Washington (SWMM)
and Auburn Supplements.
Staff therefore finds the Project meets this criterion, as conditioned herein.
Conclusions for Deviations to Engineering Standards
Per ACC 17.18 ‘Modifications of Standards and Specifications’, the Hearing Examiner may
approve a modification of any standard or specification established or referenced by Chapter
17.14 ‘Improvement Requirements – Subdivisions’, or referenced in the city’s design standards
or construction standards. Further, the City Engineer shall make a recommendation to the
Hearing Examiner on any modifications requested from the City of Auburn Engineering Design
Standards (COADS). This process is referred to as a “Deviation” per Section 1.04 of the
COADS.
Two Deviations were requested:
1. City File No. DEV22-0034 (Exhibit 15): Tract Design Speed (2022 COADS Section
10.05.7(6)): Approval to reduce the design speed for proposed Tract C shared access
from 30 mph to 15 mph.
2. City File No. DEV22-0036 (Exhibit 15): Design Speed and Horizontal Curve Radius
(2022 COADS Table 10-1): Approval to reduce the design speed for SE 305th St. from
30 mph to 20 mph and have a 100 foot horizontal curve radius.
The City Engineer has reviewed the Deviation Requests (DEV22-0034 & DEV22-0036)
submitted for the AllensAcres Preliminary Plat (PLT22-0003). The results of that review are
provided below.
DEV22-0034:
Applicant requests approval to reduce the design speed for proposed Tract C shared
access from 30 mph to 15 mph. The request addresses specific criteria for deviation
requests from Section 1.04 of the City of Auburn Engineering Design Standards (EDS) in
the following way:
- 1.04.01.A Functional intent of the design element: The functional intent of the design
speed requirement is to provide road geometry that provides adequate sight distance for
the anticipated vehicle speeds at a road segment. The location of this particular curve is
within a proposed subdivision with short tangents preceding the curve in each direction,
a round-a-bout in the proposed plat to the west, and a dead-end to the south within this
proposed AllensAcres plat. Vehicles will either be stopped or reduced in speed at each
of these locations, and they will not have enough road length to attain a design speed of
30 mph with normal driving behavior. The anticipated speed for this location is 10 mph,
Staff Member: Benert
Date: May 3, 2023
Page 23 of 27
and roadway elements designed for a 15 mph design speed are appropriate. It should
also be noted that the City is currently pursuing an update to the 2023 Engineering
Design Standards to specify a design speed of 15 mph for private access tracts.
- 1.04.01.B Safety factors associated with the design element: Reducing the design
speed to 15 mph for Tract C will provide a safer and more realistic speed for the future
residents using Tract C.
- 1.04.01.J Consistency with the Spirit and the Corresponding City Design Standards:
The City of Auburn is updating the Engineering Design Standards in 2023 to specify a
design speed of 15 mph for access tracts. This deviation request is consistent with the
City’s future Engineering Design Standards.
DEV21-0036:
Applicant requests approval to reduce the design speed for SE 305th St. from 30 mph to
20 mph and have a 100 foot horizontal curve radius. The request addresses specific
criteria for deviation requests from Section 1.04 of the City of Auburn Engineering
Design Standards (EDS) in the following way:
-1.04.01.A Functional intent of the design element: The functional intent of the design
speed requirement is to provide road geometry that provides adequate sight distance for
the anticipated vehicle speeds at a road segment. The location of this particular curve is
within a proposed subdivision with relatively short tangents preceding the curve in each
direction - a round-about in the proposed plat to the west, and a dead-end at the south
within the proposed AllensAcres Plat. Vehicles will either be stopped or reduced in
speed at each of these locations, and they will not have enough road length to attain a
design speed of 30 mph and posted speed of 25 mph with normal driving behavior. The
anticipated speed for this location is more likely 15 mph, and roadway elements
designed for a 20 mph design speed are appropriate.
- 1.04.01.B Safety factors associated with the design element: Reducing the design
speed to 20 mph for the proposed SE 305th Street will be safer for residents of the
subdivision. Reducing the design and posted speeds eliminates sight distance concerns
with turning the 90-degree corner and approaching the cul-de-sac.
- 1.04.01. L Supported by Published Industry Standards: Thee design speed proposed,
the 100-foot radius provided is supported by Table 3-13b in the AASHTO Policy on
Geometric Design of Highway and Streets (Green Book).
City Engineer Response to Deviation Requests DEV22-0034 and DEV22-0036:
• The City Engineer may grant a deviation from the EDS if the applicant demonstrates that
the proposed deviation will meet or exceed the corresponding City standard for the
criteria listed in Section 1.04.1 of the EDS.
• In the case of the request to deviate from Section 10.05.7(6) of the EDS (DEV21-0034),
the City Engineer has determined that the proposal meets or exceeds the corresponding
City standards 1.04.01 A, B, and J for the reasons listed above.
• In the case of the request to deviate from Table 10-1 of the EDS (DEV21-0036), the City
Engineer has determined that the proposal meets or exceeds the corresponding City
standards 1.04.01 A, B, and L for the reasons listed above.
Based on the above, the request to deviate from Table 10-1 and Section 10.05.7(6) of
the EDS, for DEV22-0034 is approvable and DEV21-0036 is conditionally approvable by
Staff Member: Benert
Date: May 3, 2023
Page 24 of 27
the City and will be recommended for approval to the Hearing Examiner, subject to the
conditions of approval, below.
STAFF RECOMMENDATION:
Staff recommends approval of the AllensAcres Preliminary Plat and the Engineering Deviation
requests (City File No. DEV22-0034 and DEV22-0036), subject to the information contained in
this Staff Report, the attached exhibits, and the 18 recommended conditions of approval below.
RECOMMENDED CONDITIONS OF APPROVAL FOR DEVIATIONS:
1. The application (City File No. DEV22-0034) is a deviation request from the City of Auburn
Engineering Design Standards (COADS) Section 10.05.7(6) ‘Access Tract Design Speed’ to
reduce the design speed for proposed Tract C shared access from 30 mph to 15 mph is
approvable. The City Engineer recommends to the Hearing Examiner approval of DEV22-
0034.
2. The application (City File No. DEV22-0036) is a deviation request from the City of Auburn
Engineering Design Standards (COADS) Table 10-1 ‘Design Speed and Horizontal Curve
Radius’ to reduce the design speed for SE 305th St. from 30 mph to 20 mph and have a 100-
foot horizontal curve radius. The City Engineer recommends to the Hearing Examiner
approval of DEV22-0036 with the following conditions. Parking will be restricted along both
sides of SE 305th St. where the horizontal curve exists. Centerline striping shall be provided
in SE 305th St. in the location of the horizontal curve.
RECOMMENDED CONDITIONS OF PRELIMINARY PLAT APPROVAL:
1. Adequacy of infrastructure to the proposed subdivision is dependent upon completion of
infrastructure improvements of the adjacent subdivision that is between preliminary and final
plat approval. The adjacent subdivision is as follows: The Alicias preliminary plat (City File
No. PLT18-0005 and FAC20-0018). The subject subdivision application shall not be granted
a notice to proceed for construction until the earlier of (1) final plat approval of The Alicias,
or (2) a staff determination that connecting infrastructure on the adjacent subdivision of The
Alicias has been completed and accepted (to the extent acceptance is required) by the City,
or an alternative to completion and acceptance is provided that ensures adequate
infrastructure to the satisfaction of staff. The staff determination for Option (2) shall be made
in conjunction with the review of issuing a notice to proceed for construction. Applicant’s
decision to proceed with construction under Option (2) shall be accompanied by a written
acknowledgment that it is proceeding at its own risk.
2. Depending on status of Phase 1 of The Alicias preliminary plat (City File No. PLT18-0005
and FAC20-0018) and the timing of the AllensAcres civil permit application, the existing
conditions survey will need to be updated to depict utility connections constructed within The
Alicias plat to ensure connectively and continuity.
3. Depending on status of Phase 1 of The Alicias preliminary plat (City File No. PLT18-0005)
and the timing of the AllensAcres civil permit application, the school walking route may need
to be updated to depict the frontage improvements constructed with The Alicias plat.
Staff Member: Benert
Date: May 3, 2023
Page 25 of 27
4. Prior to City approval of the construction plans under the Facilities Extension Agreement
(FAC), provide documentation of application to the Washington State Department of
Ecology (WSDOE) for a Construction Stormwater Permit, as required for all projects over 1
acre in size.
5. Prior to final plat approval a note shall be placed on the Final Plat indicating that the
AllensAcres HOA and its heirs and successors shall maintain those portions of Tract A
(stormwater facility) and specifically the portions located outside the fenced pond
boundaries, or if no fence is provided, outside the 10-year stormwater surface elevation, as
determined by the City Engineer. Additionally, the Covenants, Conditions, and Restrictions
(CC&Rs) to be reviewed by the City shall also address this maintenance responsibility.
6. All retaining walls must be spaced far enough from the subject property’s original property
lines that the wall can be constructed and maintained without entering the adjacent
properties north and/or south of the proposed plat. If an easement is required to construct or
maintain the retaining wall an easement shall be obtained prior to City approval of the civil
plans under the FAC from the adjacent property owner(s) to the north and/or south.
Ownership and maintenance of all retaining walls must be addressed in the Covenants,
Conditions, and Restrictions (CC&Rs) for the AllensAcres Plat.
7. A Final Wetland Mitigation Plan and including monitoring must be approved prior to approval
of the civil plans under the Facility Extension Agreement (FAC). Required vegetation must
be installed prior to approval of the Final Plat.
8. The Category IV wetland (Wetland A) is utilizing a 40 ft. buffer per the minimization
measures of ACC 16.10.090(E)(1)(a)(ii). These minimization measures must be listed on
Final Wetland Mitigation Plan.
9. Slopes in the wetland buffer cannot exceed 25 percent (4H:1V). The Final Wetland
Mitigation Plan will need to confirm that wetland buffer slopes do not exceed 25 percent.
10. The areas within the sensitive area tract (Tract B) but outside of the wetland buffer shall be
vegetated to maintain slope stability. The vegetation type and spacing shall be included in
the Final Wetland Mitigation Plan.
11. Prior to City approval of the civil plans under the FAC, the plans shall show permanent split
rail fence or city approved equivalent and critical area signs along the outer boundary of the
sensitive area tract (Tract B).
12. The sensitive area tract (Tract B) will be owned and maintained by the future AllensAcres
Homeowner’s Association (HOA). The Covenants, Conditions, and Restrictions (CC&Rs) to
be reviewed by the City shall address this maintenance responsibility.
13. Prior to final plat approval a note shall be placed on the Final Plat providing for the long-term
protection of the wetland and its associated buffer (Tract B). The note shall grant the City
access to on-site mitigation areas for the purposes of monitoring, maintaining, preserving,
and enhancing the sensitive area, but not the obligation to. The note shall also include a
Staff Member: Benert
Date: May 3, 2023
Page 26 of 27
statement to leave undisturbed all trees and other vegetation within the sensitive area tract.
The vegetation may not be cut, pruned, covered by fill, removed, or damaged without
approval in writing from the City, unless otherwise approved by law.
14. The access and utilities tracts (Tract C and D) will be owned and maintained by the future
AllensAcres HOA. The Covenants, Conditions, and Restrictions (CC&Rs) to be reviewed by
the City shall address this maintenance responsibility.
15. Per the Department of Archaeology & Historic Preservation’s recommendations, a standard
Inadvertent Discovery Plan shall be followed during all ground disturbing activities during the
construction of the Project.
16. Per the Checklist, Section C, Item 12, occupation features (i.e. fences, sheds, etc.) affecting
all boundaries between the subject sites and adjoining parcels are shown and dimensioned.
Any potential adverse claims and/or unwritten rights associated with the depicted occupation
features is a civil matter between private parties. It is suggested the applicant, or their
authorized representative, establish communication with the adjoiners to create an open
discussion regarding the occupation features. The City’s review of this preliminary plat
application is for its conformity to Auburn City Code and state law, and as such does not
address nor adjudicate any potential unwritten rights that may be acquired by the applicant
or the adjoiners. If at FINAL PLAT application, the nature and location of the depicted
occupation features remain unchanged and/or unresolved, then per RCW 58.17.255, a
“survey discrepancy note” shall be placed on the face of the FINAL PLAT similar to the
following example:
SURVEY DISCREPANCY NOTE:
EXISTING FENCES AND OCCUPATION FEATURES HAVE BEEN SHOWN
PURSUANT TO RCW 58.17.255 AND SHALL BE DISCLOSED IN THE TITLE REPORT
PREPARED BY THE TITLE INSURER AND ISSUED AFTER THE FILING OF THIS
PLAT
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
ATTACHMENTS:
Exhibit 1. Staff Report
Exhibit 2. Vicinity Map
Exhibit 3. Completed Preliminary Plat Application Forms, prepared by Oakpointe, March
29, 2022
Exhibit 4. Combined Notice of Application, SEPA DNS, and Notice of Public Hearing, April
10, 2023, and completed SEPA Checklist application, January 31, 2023
Exhibit 5. Signed Affidavits of Posting and Mailing
Exhibit 6. Written Comment(s) Received and City Response(s)
Exhibit 7. Preliminary Plat Map and Existing Conditions, Lanktree Land Surveying, Inc,
February 17, 2023
Exhibit 8. Preliminary Civil Plans and Conceptual Landscaping, Momentum Civil, February
17, 2023, and Oakpointe Communities, January 31, 2023
Staff Member: Benert
Date: May 3, 2023
Page 27 of 27
Exhibit 9. Wetland Delineation and Wildlife Habitat Assessment Report, Wetland
Resources Environmental Consulting, January 30, 2023
Exhibit 10. Wetland Buffer Mitigation, Wetland Resources Environmental Consulting,
January 30, 2023
Exhibit 11. Geotechnical Report, Associated Earth Sciences, May 25, 2022
Exhibit 12. Preliminary Stormwater Site Plan, Momentum Civil, December 20, 2022
Exhibit 13. School Walkway Analysis, Momentum Civil, December 22, 2022
Exhibit 14. Cultural Resource Assessment, WestLand Engineering & Environmental
Services, Inc., July 22, 2022
August 13, 2019
Exhibit 15. Engineering Deviation Request Letters, Momentum Civil, July 28, 2022
Exhibit 16. City Staff PowerPoint Presentation
Prepared by Nicole Benert, Planner