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HomeMy WebLinkAbout3792 RESOLUTION NO. 3 7 9 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE PRELIMINARY PLAT TO SUBDIVIDE 9.6 ACRES INTO SIX LOTS FOR FUTURE SINGLE- FAMILY DEVELOPMENT AND FOUR TRACTS TO COMPRISE A GATED SUBDIVISION AT THE END OF SE 300TH STREET IN AUBURN, WASHINGTON WHEREAS, Application No. PL T04-0005, dated March 4, 2004, has been submitted to the City of Auburn, Washington, by Pat and AI Kofal, requesting approval of a preliminary plat to subdivide 9.6 acres into six lots for future single-family development and four tracts to comprise a gated subdivision at the end of SE 300th Street in Auburn, Washington; and WHEREAS, said request above referred to was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on November 16, 2004, of which the Hearing Examiner recommended approval of the preliminary plat on November 30, 2004; and WHEREAS, the City Council, on December 20, 2004, considered said request and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT 1. The Applicants requests approval of preliminary plat application to subdivide 9.6 acres into six lots for future single-family residential development and four tracts within a gated subdivision on property ---------------------------- Resolution No. 3792 December 15, 2004 Page 1 located at the end of SE 300th Street. Tract A would contain 6.41 acres of wetland, stream, and associated buffers. The internal private access road would be located in Tract B. Tract C would be owned by the future owner of Lot 6, and Tract 0 would be owned by the future owner of Lot 5. Exhibit 1, page 2; Exhibit 5; Testimony of Mr. Dixon; Exhibit 10, Plat Drawing. The lots would be terraced to remain consistent with the topography existing in the areas to be left undeveloped. Exhibit 12, Geotechnical Report, Project Description. 2. The subject property and the properties to the south and west are zoned Lea Hill Single-Family Residential (LHR1) and share a Comprehensive Plan Land Use designation of Single-Family Residential. Property to the east is zoned under King County regulations and is developed with the Hazelwood Heights single-family residential subdivision. Property to the north is zoned Leah Hill Public (LHP), and has a Public/Quasi Public Comprehensive Land Use designation. The Cobble Creek subdivision is west of the subject property. Exhibit 1, page 2. 3. The site was annexed to the City of Auburn in 2002, at which time LHR1 zoning regulations became applicable. Exhibit 1, page 3. The LHR1 zone requires a minimum lot size of 8,000 square feet, a minimum lot depth of 100 feet, and a minimum lot width of 80 feet. ACC 18.45.030. The proposed lots would meet or exceed the dimensional requirements of the LHR1 zone. Exhibit 1, page 3; Testimony of Mr. Dixon. 4. The proposed plat borders two public streets: 106th Avenue SE and SE 300th Street. Access would be obtained by extending SE 300th Street as a private internal access road serving all six lots. The existing terminus of SE 300th Street is a 75-foot cul-de-sac bulb located via easement on the two lots within the Cobble Creek plat adjacent to the end of the road. The language of the easement stipulates that the encumbrance on the two lots will be extinguished when a public road is extended to the east. Because the Applicants propose a private road to the east, the easement would not be extinguished and the existing 75-foot terminus bulb would remain. There is no future through connection from the extension of SE 300th Street due to the steep topography of the site. The new private access road would have a paved width of 20 feet within a 24-foot access easement. Exhibit 1, page 3. Exhibit 1, page 3; Exhibit 10, Plat drawing. 5. The lots and future residential structures would be located more than 150 feet from the emergency vehicle turnaround at the existing terminus of SE 300th Street. Exhibit 1, page 5; Testimony of Mr. Dixon. All future structures farther than 150 feet from the public street must be equipped ---------------------------- Resolution No. 3792 December 15, 2004 Page 2 with fire protection sprinklers. ACC 13.16.122. The Fire Marshal determined that Lots 1 and 6 would be required to be sprinklered. Exhibit 1, page 5. 6. The City of Auburn would provide police and fire protection, potable water, and sewer service to the subdivision. Planning staff indicated that water and sewer service are available. Testimony of Mr. Dixon. The Applicants would be required to construct an 8-inch water line through the site along the private internal access road and connecting to the existing 6-inch water line in 108th Avenue SE within the neighoring Hazelwood heights plat to the east. Installation of a pressure reducing valve would be necessary to provide the required minimum fire flow of 1,500 gallons per minute, consistent with the City's comprehensive water plan. Exhibit 1, pages 3 and 4; Testimony of Mr. Dixon. 7. The Applicants would be required to extend an 8-inch sanitary sewer line along the internal private road and to stub it out to the north property line to serve future off-site development. The City would require grinder pumps to be installed in lines providing sewer service to Lots 5 and 6 if the residences on those lots would sit lower than the elevation of the roadway. Exhibit 1, page 5; Testimony of Mr. Dixon. 8. The subject property is densely forested with slopes of 16 to 20 percent that drain down to Cobble Creek. Cobble Creek runs in a northeast to southwest tending ravine occupying the majority of the site. The ravine contains a wetland in addition to the stream. Exhibit 1, page 3. Approximately 6.4 acres would be set aside in Tract A and dedicated to the City in a native growth protective easement. Exhibit 1, page 4. Due to the slopes and irregularly shaped lots, the City requested that approval be conditioned on proper placement of future structures and compliance with all setback requirements. Testimony of Mr. Dixon; Exhibit 1, page 4. 9. The Applicants commissioned a wetland evaluation from Alder NW. The on-site wetland was identified as a King County Category 2 wetland, which requires a protective buffer of 50-feet. The wetland and buffer completely contain Cobble Creek, a perennial stream without anadromous fish. Cobble Creek has been classified as a Type 3 stream, which requires a 50-foot buffer. Exhibit 1, page 3; Exhibit 13. Existing native vegetation would provide adequate buffering for the critical areas. Exhibit 1, page 3. Except for the construction of the water line through the wetland in a 15-foot wide easement, there would be no disturbance of the buffer and no wetland fill. Exhibit 13, page 4. ---------------------------- Resolution No. 3792 December 15, 2004 Page 3 10. Construction of the water line through the wetland buffer would temporarily disturb the wetland, stream, and associated buffers. Impacts would consist of the excavation of approximately 100 cubic yards of earth. Approximately 500 square feet of the wetland and approximately 2,995 square feet of the wetland buffer would be impacted. Exhibit 13, page 4. The Applicants propose to mitigate the temporary impacts of waterline construction by timing construction so that work in the critical areas would be completed in July and August, when the surface water levels are lowest. They propose to minimize erosion by utilizing best management practices and limiting the operation of equipment within the protected area. Where affected, the creek bed would be restored with placement of appropriate gravels and sand. The stream would be diverted until the waterline placement was complete. Surface soils removed during trench excavation would be preserved and used as the final materials for filling the trench line. All trees and understory vegetation removed would be replaced with native species. Exhibit 1, page 3; Exhibit 13, page 5. The critical areas mitigation plan was reviewed and approved by the City. Testimony of Mr. Dixon; Exhibit 1, page 5. 11. The subdivision would create an increased risk of human instrusion into the adjacent critical areas because it would move residential development closer to them. The City requested measures for identification and protection of critical areas, such as sing age and fencing, to be imposed as conditions of MONS approval. Exhibit 5, MDNS 12. The Applicants retained geotechnical consultants to address the issues of slope and soil stability inherent in developing the subject property. Terra Associates, Inc., conducted a slope stability analysis which concluded that with recommended protection measures, the slopes would be stable for the proposed development, and that the project would have no adverse impact on the site or adjacent properties. The March 19, 2004 geotechnical report noted that because the site contains Alderwood Gravelly loam soils on a 15-20% slope, the erosion hazard would be moderate to severe. However, Terra Associates determined that implementation of their geotechnical recommendations and compliance with Auburn's design standards would avoid or reduce erosion impacts to a level of non-significance. Exhibit 5. MDNS; Exhibit 12, Terra Associates, Inc. March 19, 2004 Study. 13. Development of the six residential lots and the private internal access street would involve clearing and grading approximately 2.6 acres and ---------------------------- Resolution No. 3792 December 15, 2004 Page 4 creation of approximately 0.6 acres of impervious area. Exhibit 5, MDNS; Exhibit 14. Storm drainage from new impervious surfaces would be managed through an underground detention and treatment system designed in accordance with the 1998 King County Storm Water Detention Manual requirements and the basic water quality menu. Exhibit 1, page 5; Exhibit 14; see Prliminary Grading and Drainage Plan, Exhibit 14. Cobble Creek leaves the subject property through an existing 18-inch culvert at the southwest corner of the site and untimately outlets into the Green River. One 5.3 acre forested off-site basin drains into the north portion of the subject property in sheet flows before joining Cobble Creek. Exhibit 14, Preliminary Drainage Report. The project does not incorporate conveyance system nuisance problems or contribute to downstream flooding. There is no history of severe erosion in the area. Exhibit 14. 14. The site is entirely forested and has been for many years. The condition of the trees on-site was classified as generally fair to good, with no significant insect or disease problems. Trees range up to 130 feet tall. Due to on-site slopes, extensive grading would be necessary for the six home sites. The Applicants indicate that trees would only be removed from the proposed residential home sites and where necessary to construct roads and utilities. Some trees outside the identified home sites that would be at risk of falling due to clearing activity would also be removed. Overall, the Applicants propose to retain 83% of the trees on- site, including the trees in Tracts C and D. Exhibit 5, MDNS; Exhibit 15. The Applicants have submitted a tree protection plan that includes the use of orange mesh fencing to mark root protection zones of trees to be retained during clearing and grading, as well as a tree replacement plan for the cleared home sites. Exhibit 15. The Applicants' tree study found that there would be no impacts to off-site trees from the proposed development. Exhibit 15. 15. Prior to final plat approval, the Applicants would be required to demonstrate compliance with the criteria in ACC 18.48.140 inorder to obtain approval for the proposed gated community. Testimony of Mr. Dixon; Exhibit 5, MDNS; Exhibit 1, page 3. 16. The subdivision would be within the Auburn School District. The Applicants would be required to pay school impact fees prior to building permit approval. Exhibit 1, page 4. 17. According to the ITE Trip Generation Manual, the subdivision would be expected to generate six PM peak hour vehicle trips, which is below the ---------------------------- Resolution No. 3792 December 15, 2004 Page 5 threshold at which a traffic study is necessary. Exhibit 5, page 3. The Applicants would be required to pay applicable transportation impact fees at the time of building permit application. Exhibit 1, page 4. 18. The projext is exempt from parkland dedication because it creates only six lots. Exhibit 1, page 4; ACC 17.12.260. 19. Adjacent lot owners within the Cobble Creek subdivision have constructed rockeries and other features that encroach upon the subject property along the west boundary. The encroachments, which have been identified as Tracts E through I on the site plans, would be required to be resolved prior to final plat approval. Exhibit 10, Plat drawing. If lot line adjustments were used to modify the exterior plat boundary, City staff testified that one application could cover all boundary adjustments in order to minimize costs to the Applicants and that no survey would be required. An alternative would be for the Applicants to grant the encroaching lot owners permanent easements to the affected Tracts E through I. A final plat note would be required notifying all parties that no structures may be built on Tracts E through I. Exhibit 1, pages 3-4; Testimony of Mr. Dixon. 20. Pursuant to the State Environmental Policy Act (SEPA), the City of Auburn acted as lead agency for review of environmental impacts caused by the proposal. The City issued a Final Mitigated Determination of Nonsignificance (MONS) on August 6, 2004. The MONS contains eleven conditions required to reduce potential adverse impacts to a point of non-significance. The conditions pertain to the following: imposition of the geotechnical recommendations from the March 19, 2004 Terra Associates, Inc. study as conditions of approval; storm drainage conveyance, detention, and water quality treatment facilities; imposition of the recommendations in the January 12, 2004 Washington Forestry Consultants, Inc. tree report as conditions of approval; approval of a final wetland and stream delineation and mitigation plan; imposition of such protections as fencing and signage to protect the critical areas from increased human intrusion; protection of any cultural, historical, and archeological sites or features that are discovered during construction; and provision of water service and fire protection in compliance with City of Auburn development regulations. Exhibit 5, MDNS. The SEPA Responsible Official based these conditions on Comprehensive Plan policies EN-2, 8, 9, 11, 12, 15, 18, 20, 22 through 26, 29, and 64 through 66; PR-7; HP-1 and 3; CF-11, 38, and 39; LU-106; and TR-23. Exhibit 5. The MONS was not appealed. Testimony of Mr. Dixon. ---------------------------- Resolution No. 3792 December 15, 2004 Page 6 21. The City received five public comment letters during the comment period on the MONS. The Muckleshoot Tribe and the Washington State Department of Archeology and Historic Preservation each commented that the site has the potential to contain historical Native American archeological resources and requested that an archeological survey be completed prior to ground disturbing activities. The other three comment letters were from neighboring property owners. Two neighbors requested notice of future actions on the project. Exhibit 1, page 4; Exhibit 6. The final comment letter was submitted by a neighbor in the Cobble Creek subdivision, regarding possible degradation of salmon spawning habitat in Cobble Creek. The letter also expressed concern about the adequacy of the storm drainage plan to handle runoff from new impervious surfaces directed to the culvert serving the Cobble Creek plat. Exhibit 6. Neighboring land owner Jim Farwell testified at the hearing regarding his concern that four old maple trees in the northwest corner of the property be retained. Testimony of Mr. Farwell. The Applicant addressed this concern, noting that an arborist will be on-site during clearing and grading to protect all mature trees and other vegetation that can safely be retained outside of the construction footprint. Testimony of Mr. St. Clair. 22. The Applicants retained the archeological consultant Richard Daugherty, PhD. Working in conjunction with members of the Muckleshoot Tribe and other historians, Dr. Daugherty excavated thirteen test pits that revealed no evidence of historical or cultural material. Based on this evidence, Dr. Daugherty determined it is unlikely that the subject property was a site of significance for the tribe. However, he recommended that excavation of the site continue to be monitored for items or features of historical or cultural significance. Exhibit 16. 23. Notice of the application for preliminary plat and of the public hearing was mailed to surrounding property owners and posted on-site in accordance with City of Auburn requirements. Exhibits 8 and 9; Testimony of Mr. Dixon. CONCLUSIONS OF LAW J u risd iction The Hearing Examiner is granted authority to make a recommendation to the Auburn City Council on preliminary plat applications pursuant to ACC 14.03.040(A) and 17.060.050. ---------------------------- Resolution No. 3792 December 15, 2004 Page 7 Criteria for Review For a preliminary plat application to be approved, the Applicants must demonstrate the following: 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 sites for schools and school grounds; 2. Conformance of the proposed subdivision to the general purposes of the comprehensive plan; 3. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans which have been adopted by the city council; 4. Conformance of the proposed subdivision to the general purposes of this title, as enumerated in ACC 17.02.030; 5. Conformance of the proposed subdivision to the Auburn zoning ordinance and any other applicable planning or engineering standards and specifications as adopted by the city, or as modified and approved as part of a PUD pursuant to Chapter 18.69 ACC; 6. The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment; 7. Adequate provisions are made so that the preliminary plat will prevent or abate public nuisances. ACC 17.06.070. Conclusions Based on Findings 1. Adequate provisions are made for the public health, safety and general welfare, and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, and school grounds. The subdivision will result in six new residential lots that will meet or exceed zoning requirements. Home sites on each lot will be terraced and situated to comply with required slope buffers and setbacks. Design of each residential lot will accommodate and protect on-site slopes, including installation of sewer grinder pumps in Lots 5 and 6 to ensure sewer service up slope. The ---------------------------- Resolution No. 3792 December 15, 2004 Page 8 project will create 6.4 acres of open space surrounding and protecting on-site slopes, wetlands, Cobble Creek, and associated buffers. The critical areas will be contained within a native growth protection easement to be dedicated to the City. The private internal access street will satisfy the requirements of the City's engineer. Lots 1 and 6 will be required to sprinkler residential structures to ensure compliance with the Fire Marshal's requirements. Potable water and sewer service will be provided by the City of Auburn, and the Applicants will provide connection to utilities to each lot of the subdivision. School aged residents of the subdivision will attend City of Auburn schools. The Applicants will pay school impact fees according to the schedule of fees in effect at the time of building permit issuance. Findings of Fact Nos. 1, 4 - 8, 16 & 18. 2. The subdivision will conform to the general purposes of the City of Auburn Comprehensive Plan. The subdivision will be consistent with the Comprehensive Plan's land use designation for the site, as well as with the land use designations of surrounding properties. The plat would not be consistent with Comprehensive Plan Land Use Policy 23, which prohibits dead end roads exceeding 600 feet in length. The existing dead end road the project seeks to extend already exceeds 600 feet in length. This violation of Comprehensive Plan policy is limited because there is no potential for further development connected to the road due to topography. The extended dead end road will serve only six additional lots. The existing emergency vehicle turn around will remain in place and the homes farthest from the terminus will have fire sprinklers. Findings of Fact Nos. 2 & 4. 3. With conditions of approval, the project will conform to the subdivision title of the Auburn City Code, the zoning ordinance, and all other applicable policies or plans adopted by the Auburn City Council. The proposed lots will meet or exceed the dimensional requirements of the LHR 1 zone. The subdivision will be consistent with the purposes and regulations of the subdivision title, with the City's design and construction standards, and with the applicable King County Critical Areas provisions. Findings of Fact Nos. 3 & 9.. 4. With conditions, potential environmental impacts of the proposed subdivision will be mitigated. The Applicants will dedicate the critical areas and their buffers to the City in a native growth protection easement. Construction of the water line through the critical area will be monitored during construction to minimize erosion. It will be mitigated after completion by placement of gravel in the streambed and replanting ---------------------------- Resolution No. 3792 December 15, 2004 Page 9 of disturbed vegetation. Approximately 83% of the site will remain in its forested, undisturbed state. An arborist will oversee tree retention and replacement. Structures placed on all lots will be required to comply with setbacks. Stormwater will be detained, treated, and released in accordance with City standards. Compliance with the conditions of approval of the City's MONS will ensure that adverse impacts are mitigated to a point of non-significance. Findings of Fact Nos. 8 - 13, 20 & 21. 5. The subdivision will not create or contribute to public nuisances. The preliminary drainage report indicated that no increased storm water runoff will be generated by the proposed subdivision. There will be no flooding downstream caused by the subject property. The subdivision will generate no more than six new PM peak hour vehicle trips. On-site critical areas will be protected from increased disturbance by fencing and signage indicating their protected status. Nothing in the record indicates that public nuisance will result from the development. Findings of Fact Nos. 11, 13 & 17. RECOMMENDATION Based on the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends to the Auburn City Council that the request for preliminary plat approval to subdivide 9.6 acres into six lots for future single- family development and four tracts to comprise a gated subdivision, at the existing terminus of SE 300th Street in Auburn, Washington should be APPROVED, subject to the following conditions: 1. At the request of the City's Building Official, the Applicants shall survey and stake all applicable corners of the structure be surveyed and staked prior to the pouring of footings or foundations in order to ensure the accurate placement of the home/structure(s) in relationship to the setbacks required from property lines, easements or other similar features associated with a given lot. 2. Prior to Final Plat approval, the Applicants shall by easement, lot line adjustment, or other method (including dedication to the City) convey the property currently identified as Tracts E through I to the respective adjoining lot owners in the Plat of Cobble Creek. A final plat note shall be required to indicate to all parties that Tracts E through I shall not contain structures. ---------------------------- Resolution No. 3792 December 15, 2004 Page 10 3. The final plat shall identify that Tract C will be owned by the future owner of Lot 6, that Tract 0 will be owned by the future owner of Lot 5. Both tracts shall be encumbered by an easement conveyed to the City to ensure preservation of existing trees and to accommodate the storm drainage facility. 4. The Applicants shall provide the City with an inspection and maintenance easement for the on-site storm drainage facilities on the development site. Evidence that the easement has been executed and recorded shall be provided to the City prior to issuance of any building permits for the site. The easement and restrictions shall be shown on the face of the final plat, or the Planning Director can provide an alternative comparable encumbrance through approval. 5. The stream, wetland, and associated buffers shall be contained in Tract A, which shall be encumbered by a sensitive area/native growth protection easement granted to the City of Auburn. The easement shall state that any uses within the easement area shall require approval by the Planning Director. The uses shall be consistent with the purpose of the wetland buffer/mitigation and be a general benefit to the public. The easement and restrictions shall be shown on the face of the final plat, or the Planning Director can provide an alternative comparable encumbrance through approval. 6. Residential structures located on lots 1 and 6 shall be equipped with automatic sprinkler systems approved by the Fire Department. 7. An arborist shall be present on-site during clearing and grading to ensure protection and retention of appropriate trees. 8. The eleven conditions of the MONS (at Exhibit 5) are incorporated as conditions of approval for the plat. 9. In order to build a gated subdivision, the Applicants must demonstrate compliance with the criteria in ACC 18.48.140 prior to final plat approval. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The above-cited Hearing Examiner's Conclusions and Decision are herewith approved and incorporated in this Resolution. ---------------------------- Resolution No. 3792 December 15, 2004 Page 11 Section 2. The preliminary plat to subdivide 9.6 acres into six lots for future single-family development and four tracts to comprise a gated subdivision at the end of SE 300th Street in Auburn, Washington, legally described in Exhibit "A" attached hereto and incorporated herein by this reference, is hereby approved. Section 3. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. This Resolution shall take effect and be in full force upon passage and signatures hereon. .¡I-. DATED and SIGNED this â,2LJ;.--'day of December, 2004. ~~~N - P;'-ER B. LEWIS MAYOR ~ ATTEST: '(\tùf) ¿fJ II - ..~ 4 )¡}Aßß¿~ 'Da . Ie E. Daskam, City Clerk ---------------------------- Resolution No. 3792 December 15, 2004 Page 12 EXHIBIT "A" Legal Description ---------------------------- Resolution No. 3792 December 15, 2004 Page 13 ( ( . ORDER NO.: 20020637 EXHIBIT "A" :~.-.... .. THAT PORTION OF THE EAST HAlF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., LYING NORTHERLY OF HAZELWOOD SCHOOL ROAD (S.E. 304TH WAY) AS NOW LOCATED; EXCEPT TIiAT PORTION THEREOF PLATTED WITHIN HAZELWOOD HEIGHTS, AS PER PLAT RECORDED IN VOWME 71 OF PlATS, PAGE 37, RECORDS OF KING COUNTY AUDITOR; AND EXCEPT-THAT PORTION THEREOF DESCRIBED AS FOllOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH AlONG THE WEST UNE THEREOF 243 FEET; THENCE EA$rERL Y PARALLEL TO THE NORTH UNE OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER 252 FEET, MORE OR LESS, TO THE NORTHWEST BOUNDARY OF THE HAZaWooD SCHOOL ROAD (S.E. 304TH WAY); THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY BOUNDARY OF SAID ROAD TO THE POINT OF BEGINNING; . SITUATE IN THE em OF AUBURN, COUN1Y OF KING, STATE OF WASHINGTON.