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HomeMy WebLinkAbout07-18-2012 Agenda Packet HEARING EXAMINER July 18, 2012 5:30 pm City Council Chambers 25 West Main Street I. Case No: MIS12-0005 - Special Exception / Auburn Dairy Products, Inc. Applicant: Alan Poe, Poe Engineering, Inc., on behalf of Auburn Dairy Products, Inc. 1314 8th Street NE, #201, Auburn, WA 98002 Request: Application for a Special Exception pursuant to Auburn City Code (ACC) Section 18.70.020.A.3 for an approximately 320 square foot building addition to an existing 12,086 square foot manufacturing building non- conforming to setbacks on a site zoned M1, Light Industrial. The property is located at 702 West Main Street. II. Case No: PLT12-0001 – Lakeland Villas Preliminary Plat Applicant: Eric LaBrie, ESM Consulting Engineers on behalf of CHG SF, LLC 181 South 333rd Street, Bldg. C, Suite 210, Federal Way, WA 98003 Request: Application to subdivide 10.8 acres into 81 single-family residential lots in the Lakeland Hills South Planned Unit Development (PUD) zoning district. The site is located northeast the intersection of Thomas AV SE and Lake Tapps Parkway E. Exhibit 1 Number of Pages 9 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing Application No. MIS12-0005, Special Exception for Expansion of Non-Conforming Building for Auburn Dairy Products, Inc. Date: June 7, 2012 Department: Planning and Development Attachments: Please refer to Exhibit List, below Budget Impact: NA Administrative Recommendation: Hearing Examiner to approve the Special Exception for Expansion of Non-Conforming Building based upon the Findings of Fact, Conclusions and Condition. Background Summary: OWNER/APPLICANT: Jerry Dinsmore of Auburn Dairy Products Inc. AGENT: Alan Poe, Poe Engineering Inc. on behalf of Auburn Dairy Products Inc. REQUEST: Special Exception for an approximately 320 square foot building addition and 92 square foot ramp to an existing 12,086 square foot manufacturing building. The Special Exception is required since the existing building is nonconforming to the 20-foot setback of the M1, Light Industrial zone and the building addition and ramp are proposed with a 1-foot setback to continue the nonconformance of the setback. LOCATION: 702 West Main Street, on the southeast corner of “G” Street SE and West Main Street Auburn, WA 98001; Parcel Number 391500-0005 EXISTING ZONING: M-1, Light Industrial EXISTING LAND USE: An existing dairy products manufacturing facility consisting of a 12,086 square foot building and a 19,363 square foot building on an approximately 1.89-acre site. COMPREHENSIVE PLAN DESIGNATION: Light Industrial SEPA STATUS: An addendum to the previous Mitigated Determination of Non-Significance for an earlier building expansion (SEP02-0022) was issued June 29, 2012. 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 Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Staff: Dixon Meeting Date: July 18, 2012 Item Number: Agenda Subject Public Hearing MIS12-0002, Special Exception for Expansion of Non-Conforming Building for Auburn Dairy Products, Inc. Date: June 7, 2012 Page 2 of 2 The Comprehensive Plan designations, zoning designations and land uses of the site and surrounding properties are: Comprehensive Plan Zoning Land Use Site ‘Light Industrial’ M-1, Light Industrial Existing 31,449 sq. ft. dairy products manufacturing facility within two buildings on a approx 1.89- acre site North ‘Downtown’ with ‘Office-Residential’ beyond DUC, Downtown Urban Center; RO, Office- Residential; and M-2, Heavy Industrial Restaurant and professional office and vacant industrial land South ‘Light Industrial’ M-1, Light Industrial Stone finishing industrial use East ‘Downtown’ to the east and ‘High Density Residential’ and ‘Light Industrial’ to the southeast DUC, Downtown Urban Center to the east; R20, High Density Residential and M-1, Light Industrial to the southeast Church, commercial uses, and single family residential West ‘Open Space’ M-1, Light Industrial with EP, Environmental Park, beyond. Railroad, overhead electric transmission corridor containing Interurban recreational trail EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Completed Special Exception Application Form Exhibit 3 Applicant Project Narrative letter, Poe Engineering Inc., May 22, 2012 Exhibit 4 Site Plan - Sheet C1, Poe Engineering Inc., May 2012 Exhibit 5 Notice of Application and Public Hearing Notice Exhibit 6 Affidavit of Posting Exhibit 7 Affidavit of Mailing Exhibit 8 Request for Publication of Legal Notice Exhibit 9 Letter Additional Information Re: Special Exception, Poe Engineering, June 13, 2012 and attachments Exhibit 10 2007 aerial photo Exhibit 11 City Zoning Map Exhibit 12 City Comprehensive Plan Map Exhibit 13 Addendum to previous Mitigated Determination of Non-Significance (SEP00-0022) June 29, 2012 FINDINGS OF FACT: 1. Alan Poe of Poe Engineering Inc. on behalf of Jerry Dinsmore, Vice President of Auburn Dairy Products Inc. has applied for a Special Exception to expand an existing non-conforming building. More specifically, the proposal is to remove the existing 255-square foot, canopy-covered, truck- Agenda Subject Public Hearing MIS12-0002, Special Exception for Expansion of Non-Conforming Building for Auburn Dairy Products, Inc. Date: June 7, 2012 Page 3 of 3 height loading dock and replace it with an approximately 320-square foot building addition and 92 square foot access ramp. A 1-foot setback for the new construction is proposed rather than the required 20-foot setback of the M1, Light Industrial zoning district in which the site is located. 2. The Special Exception is required since the existing building and proposed building addition are non-conforming to the 20-foot setback regulations of the site’s M1, Light Industrial zoning designation. The existing building that is proposed to be expanded is built up to the property line. The new construction is proposed with a one–foot setback to the property line. 3. The Auburn Dairy Products Inc. is a specialty food product manufacturer that wholesales to retailers. The company manufactures yogurt and similar products from dairy products. Additional information on the company is available from their website at: http://www.yamiyogurt.com/index.php 4. The northern building (Building A) is used for the receiving, manufacturing and packaging while the southern building (Building B) is used predominantly for storage and shipping. The dairy raw materials (milk and cream) are delivered via tanker truck to the area between the two on-site buildings and pumped into the two exterior tanks and then piped to the SE corner of the northern building and into tanks. This begins the manufacturing process as raw materials move through the building during the manufacturing process. 5. As indicated by the applicant’s representative in their June 13, 2013 letter, the project is needed to provide additional floor area for holding tanks of the raw materials (milk and cream) in order to increase production capabilities. Specifically, additional floor space is needed for the tanks used for mixing the raw dairy products to achieve the proper proportion as the basis for the yogurt manufacturing process. The raw milk mixture is then pasteurized. According to the applicant, under Food and Drug Administration (FDA) requirements, sanitary separation must be maintained between the unpasteurized and pasteurized products in the course of the manufacturing process. The diagram accompanying the applicant’s June 13, 2013 letter indicates by directional arrows the general counterclockwise flow of the manufacturing process through the building. The diagram is not able to show the significant investment in sanitary separations (interior water proof walls), temperature controlled handling, tanks, piping, and conveyor-style manufacturing and packaging machinery installed within the building. According to materials submitted, currently three tanks are used for mixing (2-600 gallon and 1-800 gallon), and four 1,000 gallon tanks are proposed to replace the existing tanks. The current space for the mixing tanks is a capacity limitation of the manufacturing process. A separate 7,200 square foot cooler building expansion on the south side of the other on-site building (South Building, Building B) is planned for the future and permit applications are proposed to be submitted this Summer and constructed this Fall. The new cooler building expansion will increase capacity to warehouse the finished product created by this proposal. 6. With the increased public focus on healthful benefits and nutritional value of food products, Auburn Dairy Products Inc has experienced increased demand for the manufacture of yogurt and has been unable to meet the increased demand due to manufacturing space limitation of their current production facility. The applicant seeks to increase production capability in order to double the current product delivery over the next five years. This production increase would not happen immediately but will be phased in as capacity improvements are made to various components and stages of the manufacturing process. Agenda Subject Public Hearing MIS12-0002, Special Exception for Expansion of Non-Conforming Building for Auburn Dairy Products, Inc. Date: June 7, 2012 Page 4 of 4 7. A non-conforming structure may be expanded if a Special Exception is approved by the Hearing Examiner pursuant to Auburn City Code (ACC) Section and 18.70.020.A.3 of the Zoning Ordinance, which states: “18.70.020 Special exceptions. A. Only the following special exceptions may be granted by the hearing examiner after a public hearing is held pursuant to ACC 18.70.040: . . 3. A nonresidential structure or use which becomes a legal nonconforming structure or use after the effective date of the ordinance codified in this title may be permitted, by means of a special exception, to expand the existing use or structure up to 25 percent of the use or structure existing at the time of the adoption of this title; provided further, that the addition otherwise meets the standards of this title and other requirements of the city. This section does not allow the expansion of a use or structure which would be inconsistent with a previously authorized conditional use permit, special property use permit, contract rezone, or binding agreement between the city and the property owner. This section also does not allow the expansion of any nonconforming hazardous material storage.” A similar code provision is found within the zoning code chapter related to regulation of nonconforming uses and structures at Auburn City Code (ACC) Section 18.54.060.H: “18.54.060 Maintenance, damage repairs and restorations, additions, enlargements, moving or relocation of nonconforming structures, and residential structures. . . H. A nonresidential structure or use which becomes a legal nonconforming structure or use after the effective date of the ordinance codified in this title may be permitted by means of a special exception issued by the hearing examiner pursuant to ACC 18.70.020 to expand the existing use or structure up to 25 percent of the use or structure existing at the time of the adoption of the ordinance codified in this title; provided further, that the addition otherwise meets the standards of this title and other requirements of the city. This section does not allow the expansion of a use or structure which would be inconsistent with a previously authorized conditional use permit, special property use permit, contract rezone, or binding agreement between the city and the property owner. This section also does not allow the expansion of any nonconforming hazardous material storage.” 8. This request for the Special Exception has been reviewed with the Planning Director and the Assistant City Attorney. The Planning Director in reviewing the zoning code determined that the special exception process in ACC 18.70.020A (3) is the appropriate process for Auburn Dairy Products Inc.’s proposal and a variance is not required. ACC 18.56.060H (Nonconforming Structures and Uses) allows expansion up to 25% under the Special Use Exception. ACC 18.70.020A(3), provides that non-residential use which becomes non-conforming “after the effective date of this ordinance” may be permitted to expand up to 25% of the use or structure existing at this time. The Director determined a variance is not needed because the city’s zoning code provides a more specific process outlined for expansion of nonconforming structures and uses. Agenda Subject Public Hearing MIS12-0002, Special Exception for Expansion of Non-Conforming Building for Auburn Dairy Products, Inc. Date: June 7, 2012 Page 5 of 5 9. The Special Exception is requested for construction of an approximately 320-square foot building addition and 92-square foot access ramp to the south side of the northern site building (Building A). The footprint of the building addition would measure approximately 17 feet east to west, and vary between 15 to 22 feet north to south. The building addition would change the character from an unenclosed dock with shed roof to that of an enclosed building. The proposal will add 15-foot length of building and 12-foot length of ramp that will not meet the 20 foot setback standards of the M1, Light Industrial zoning district in which the site is located. Instead a 1-foot setback is proposed along the cumulative length of 27 feet of new construction; rather than the 20-foot setback. 10. The building addition is proposed on the south side of Building A at the SE corner. The building addition would replace the existing 255 square foot canopy-covered, truck-height loading dock. The proposed addition would not displace other existing development, except existing paved area. The addition would extend the building footprint southward closer to the existing drive aisle between the on-site buildings. This drive aisle is a former alley right-of-way approximately 16 feet in width that was vacated in 2010 by City Ordinance No. 6289 and contains utility easements. 11. Building A, which is proposed to be expanded was originally constructed in 1943 according to the King County Assessor’s website (web address: http://info.kingcounty.gov/Assessor/eRealProperty/Detail.aspx?ParcelNbr=3915000005) 12. The proposal is non-conforming because pursuant to ACC Section 18.32.050 the City's development standards regulations of the M1, Light Industrial zoning district, a 20-foot setback is required for both the front and street side yard setbacks. So, regardless of whether the property line bordering G Street SW is considered the ‘front’ or ‘street side’ a 20-foot setback applies. 13. The property has had the comprehensive plan designation of “Light Industrial’ and the zoning of ‘M1, Light Industrial’ since at least 1987. The 1987 zoning was adopted by Ordinance No. 4230. 14. The property is zoned M1, Light Industrial. The purpose of the M1 district as stated at ACC 18.26.010 is to: “18.32.010 Intent (of the M1 zoning district). The purpose of the M-1 light industrial zone is to accommodate a variety of industrial, commercial, and limited residential uses in an industrial park environment, to preserve land primarily for light industrial and commercial uses, to implement the economic goals of the comprehensive plan and to provide a greater flexibility within the zoning regulations for those uses which are non-nuisance in terms of air and water pollution, noise, vibration, glare or odor. The light industrial/commercial character of this zone is intended to address the way in which industrial and commercial uses are carried out rather than the actual types of products made. The character of this zone will limit the type of primary activities which may be conducted outside of enclosed buildings to outdoor displays and sales. Uses which are not customarily conducted indoors or involve hazardous materials are considered heavy industrial uses under this title and are not appropriate for the M-1 zone. An essential aspect of this zone is the need to maintain a quality of development that attracts rather than discourages further investment in light industrial and commercial development. Consequently, site activities which could distract from the visual quality of development of those areas, such as outdoor storage, should be strictly regulated within this zone.” Agenda Subject Public Hearing MIS12-0002, Special Exception for Expansion of Non-Conforming Building for Auburn Dairy Products, Inc. Date: June 7, 2012 Page 6 of 6 15. The City of Auburn Comprehensive Plan designates this site as “Light Industrial”. The City’s Comprehensive Plan describes the purpose of this designation as follows: “Purpose: To reserve quality industrial lands for activities that implement the City's economic development goals and policies. Description: This category is intended to accommodate a wide range of industrial and commercial uses. This designation is intended to provide a location attractive for manufacturing, processing and assembling land use activities that benefit from quality surroundings and appropriate commercial retail uses that benefit from the location, access, physical configuration, building types of these properties. It is distinguished from heavier industrial uses by means of performance criteria. All significant activities shall take place inside buildings, and the processing or storage of hazardous materials shall be strictly controlled and permitted only as an incidental part of another use. The siting and design of industrial buildings shall be of an "industrial or business park" character. Certain residential uses may be permitted, especially in industrial areas that have been established to promote a business park environment that complements environmental features, and/or if development standards are developed to promote compatibility between residential and other non-residential land uses.” The Comprehensive Plan is used by the City Departments to guide decisions on amendments to the City’s zoning code, decisions on development regulations, and to guide site-specific land use decisions -- all of which must be consistent with the Comprehensive Plan. 16. The 1.89-acre Auburn Dairy Products Inc. property is relatively flat and bordered by two public streets. The site is accessed via three driveways to G Street SW and one driveway from West Main Street. The one driveway to West Main Street and the southern driveway to G Street SW provide a one-way looped access around the buildings for drop off and pick-up manufactured product. The northern and southern driveways to G Street SW provide a one-way looped access for delivery and standing of vehicles during off–loading of raw milk. It is important to have separate accesses routes for each purpose to avoid blocking and impeding the other and for efficiency of operations. The proposed building addition will not affect these existing accesses. The middle driveway to G Street SW is not connected to the other driveways and leads to a 9- stall parking lot. 17. The surrounding development includes some single-family residential and is predominately commercial and industrial. 18. The proposed development is not exempt from environmental review under the State Environmental Policy Act (SEPA) categorical exemption thresholds. After review of the proposal, an addendum to a previous Final Determination of Non-Significance (SEP02-0022) was issued June 29, 2012. 19. Staff conducted a site visit on June 13, 2012 to verify the proposal and surrounding conditions. 20. The application was received on May 23, 2012 and a decision on the proposal is expected to be issued within the 120-day timeframe of ACC 14.11.010, Time limits. Agenda Subject Public Hearing MIS12-0002, Special Exception for Expansion of Non-Conforming Building for Auburn Dairy Products, Inc. Date: June 7, 2012 Page 7 of 7 CONCLUSIONS: ACC Section 18.70.020.B provides criteria for Special Exceptions: A. Consideration shall be given to the nature and condition of all adjacent uses and structures prior to authorizing; The Auburn Dairy Inc. property is bordered by adjacent structures only to the south by property developed for industrial uses in the M1 Light industrial zone. To the west, the site is bordered by the Burlington Northern Rail Road line with light industrial uses in the EP, Environmental Park zoning district beyond. It is bordered to the north and east by public streets. Across West Main Street to the north are vacant, single family residential and commercial uses. Across G Street SW to the east are single family and commercial uses located in the M2, Heavy Industrial, DUC, Downtown Urban Center and R20, High Density residential zoning districts. The proposed building addition would be most visible from the east side and G Street SW and the nearby commercial and single family uses. The historic development pattern of the area has resulted in the vicinity already impacted by industrial uses. The building addition is proposed to include exterior building treatments similar to the existing building to minimize adverse visual impacts. The addition will assist in partially blocking views of the existing exterior storage tanks visible in between the buildings from the east. The location of the tanks is shown on the site plan provided with the application. Granting this special exception to allow the building addition is not anticipated to change the existing light industrial character of the facility and will not materially change the developed nature from the current conditions. As described by the applicant, the proposal will not create any significant impact to the surrounding area and the building addition is consistent with the developed character of the current use. B. That the authorizing of such special exception will not be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located; The proposed expansion will be subject to all applicable building codes and regulations. The proposed building addition represents roughly a 3.4% percent increase in square footage to the building (320 sq ft addition and 92 sq ft ramp as proportion of Building A which is a total of 12,086 square feet). The proposal building addition was reviewed by the City’s Transportation Division. The Transportation Division concluded that in accordance with guidance from the Institute of Transportation Engineers (ITE) the prior unenclosed loading dock area being removed would not have been counted as square footage of gross floor area for traffic generation purposes. However, replacing this with an enclosed area is viewed by ITE and the City as adding square footage to the structure and the City’s Transportation Division believes the increase will be minor and can be safely accommodated by the existing access, street system and payment of traffic impacts fees. The applicant also has the option to demonstrate that no impact fee is appropriate based lack of PM peak hour trip generation in accordance with the city’s regulations for traffic Impact fees, ACC 19.04. The proposal was reviewed by the city’s Utilities Division, the proposed building addition will increase demand for public utilities which can be accommodated by the existing systems and development in accordance with city regulations. A building permit and storm drainage review will be required for the Agenda Subject Public Hearing MIS12-0002, Special Exception for Expansion of Non-Conforming Building for Auburn Dairy Products, Inc. Date: June 7, 2012 Page 8 of 8 building addition and best management practices are required to be observed due to project’s location within a Category 4 ground water protection zone. The building addition is proposed between two existing buildings, thus limiting the visibility from adjacent areas. The new building addition will not significantly alter the look of existing building and will be of a similar color to match the existing exterior building treatments in order to blend in and to minimize visual impacts. The special exception, if granted will not significantly alter the character of the neighborhood or be detrimental to surrounding properties in which the property is located. C. The authorization of such special exception will be consistent with the spirit and purpose of the zoning code. The stated purpose of the zoning code is to: “18.02.030 Purpose. A. The purpose of this title is to implement the city's comprehensive plan. This title will be used to further the growth and development of the city consistent with the adopted comprehensive plan and it’s implementing elements. This title will also further the purpose of promoting the health, safety, morals, convenience, comfort, prosperity, and general welfare of the city's population and to prevent and abate public nuisances. B. The specific zones and regulations set out in this title are designed to: 1. Provide adequate public facilities and services, including utilities, roads, schools, and parks in conjunction with development; 2. Provide housing with essential light, air, privacy, and open space; 3. Facilitate the safe and efficient movement of traffic on the city's streets; 4. Stabilize and enhance property values; 5. Facilitate adequate provisions for doing public and private business and thereby safeguard the community's economic structure upon which the prosperity and welfare of all depends; and 6. Through such achievements, help ensure the safety and security of home life, foster good citizenship, and create and preserve a more healthful, serviceable and attractive municipality and environment in which to live.” The Special Exception, if approved would be consistent with the growth and development purpose of the Comprehensive Plan and assist in promoting private enterprise for community economic vitality. Specifically, the intent of the Special Exception provision in the zoning code is to allow the Hearing Examiner to approve limited expansions of existing non-conforming development. The applicant is proposing to increase building square footage to increase the efficiency and capacity of their manufacturing operation. The proposed building addition is considerably less than the maximum increase of 25 percent that could be allowed by code. Staff believes it is reasonable to allow the expansion of the non-conforming structure to accommodate an incremental upgrade to the facility. D. This section does not allow the expansion of a use or structure which would be inconsistent with a previously authorized administrative use permit, conditional use permit, special property use permit, contract rezone, or binding agreement between the city and the property owner. This section also does not allow the expansion of any nonconforming hazardous material storage. Since none exist, the expansion if approved would not violate any previously authorized conditional Agenda Subject Public Hearing MIS12-0002, Special Exception for Expansion of Non-Conforming Building for Auburn Dairy Products, Inc. Date: June 7, 2012 Page 9 of 9 use permit, special property use permit, contract rezone, or binding agreement between the city and the property owner. Also, the proposal so does not allow the expansion of any nonconforming hazardous material storage, which is prohibited. RECOMMENDATION Based upon the application materials presented and Findings of Fact and Conclusions of the staff report, Staff recommends that the Special Exception be approved with the following condition: 1. Prior to the issuance of building permits, the plans for the proposed building addition shall be reviewed by the Planning Director or designee to ensure consistency with the decision on the Special Exception as approved by the Hearing Examiner. 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. NOTICE OF APPLICATION & HEARING This notice is to inform you that the City of Auburn has received the following application that may be of interest to you. The application may be reviewed at the City of Auburn Department of Planning and Development, 1 East Main Street, 2nd floor, Auburn, WA, 98001. Nature of Project or Request: Special Exception pursuant to City Code Section 18.70.020.A.3 for an approximately 320 square foot building addition to an existing 12,086 square foot manufacturing building that is non-conforming to setbacks on a site zoned M1, Light Industrial. Location: 702 West Main St. The site is within the SE quarter of Section 13, Township 21 North, Range 4 East, W.M. King County, Washington. Assessor’s Parcel #391500- 0005. Date of Notice of Application: June 29, 2012 Permit Application Date: May 23, 2012 Date of Notice of Completeness: June 14, 2012 File No: MIS 12-0005 Applicant: Alan Poe, Poe Engineering Inc. on behalf of Jerry Dinsmore, Auburn Dairy Products Inc. In addition to the Special Exception application, the City expects to issue an addendum to a previous Determination of Non-Significance (DNS) SEP02-0022. The review process for approval of the proposal may include requiring mitigation measures under applicable codes and imposition of mitigation measures regardless of whether an Environmental Impact Statement (EIS) is prepared. This may be your only opportunity to comment on the environmental impacts of the proposal. Other Permits Required: No other permits are required prior to the issuance of a SEPA Determination; however, subsequent development will be required to obtain all necessary permits or approvals that may include a special exception, city grading, facility extensions and building permits. Additional Studies Provided with the Application: Letter Request for Special Exception Narrative, Poe Engineering Inc., dated May 22, 2012. Site Plan, Sheet C-1, Poe Engineering Inc., dated May 2012. Letter of Clarification for Special Exception, Poe Engineering Inc., dated June 13, 2012. Public Comment Period: You are invited to comment, request a copy of the decision, when available, and be made aware of any appeal rights. Comments must be received in writing by the Auburn Department of Planning and Development at the mailing address: 25 West Main, Auburn, WA 98001-4998 and located at: 1 East Main Street, Auburn WA 98001 before 5:00 p.m. on July 16, 2012 (15 days) or presented at the public hearing. Public Hearings: A Hearing Examiner public hearing is required for the Special Exception and is scheduled for 5:30 PM on July 18, 2012 in the Council Chambers at 25 West Main Street, Auburn WA 98001. Statement of Consistency and List of Applicable Development Regulations: This proposal is subject to and shall be consistent with the City of Auburn Zoning Code, Surface and Stormwater Management Ordinance, Street & Utility Standards, International Building & Fire Codes. Proposed Mitigation Measures: No mitigation measures are proposed associated with the SEPA decision. If you have further comments or questions related to this application, you may contact Jeff Dixon, Principal Planner at (253) 804-5033 or jdixon@auburnwa.gov If you call or write, please reference File No. MIS12-0005. For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed. Each request will be considered individually according to the type of request, the availability of resources, and the financial ability of the City to provide the requested services or equipment. Email Subject Line: REQUEST TO PUBLISH ATTN: Legal Notice Account Representative Please publish in the Seattle Times on Friday, June 29, 2012. Send the bill for the cost of publishing and Affidavits of Publication to: City of Auburn City Clerks Dept 25 West Main Auburn, WA 98001-4998 Please publish below line only. NOTICE OF APPLICATION & HEARING PUBLIC HEARING: Hearing Examiner, July 18, 2012 at 5:30 pm COUNCIL CHAMBERS, CITY HALL APPLICATION REQUESTED: SPECIAL EXCEPTION to expand a non-conforming building APPLICATION NUMBER & NAME: MIS12-0005 / Auburn Dairy Products Inc. PROPONENT: Alan Poe, Poe Engineering Inc. on behalf of Auburn Dairy Products Inc. PROPERTY LOCATION: 702 West Main St. The site is within the SE quarter of Section 13, Township 21 North, Range 4 East, W.M. King County, Washington. Assessor’s Parcel #391500-0005. DESCRIPTION OF PROPOSAL: Special Exception pursuant to ACC Section 18.70.020.A.3 for an approximately 320 square foot building addition to an existing 12,086 square foot manufacturing building non-conforming to setbacks on a site zoned M1, Light Industrial. APPLICATION FILED: May 23, 2012. COMPLETE APPLICATION: June 14, 2012. NOTICE OF APPLICATION: June 29, 2012 STUDIES SUBMITTED WITH APPLICATON: Letter Request for Special Exception Narrative, Poe Engineering Inc., dated May 22, 2012. Site Plan, Sheet C-1, Poe Engineering Inc., dated May 2012. Letter of Clarification for Special Exception, Poe Engineering Inc., dated June 13, 2012. OTHER PERMITS AND PLANS WHICH MAY BE REQUIRED: special exception, facility extension and building permits. STATEMENT OF CONSISTENCY AND LIST OF APPLICABLE DEVELOPMENT REGULATIONS: This project is subject to and shall be consistent with the City of Auburn Zoning Code, Surface and Stormwater Management Ordinance, Street & Utility Standards, International Building & Fire Codes. All persons may comment on this application either in writing to the address below or by submitting written or oral testimony during the public hearing. Any person wishing to become a party of record and receive future notices, copies of the Planning Dept report with recommendation (one week prior to hearing), Hearing Examiner decision or any appeal decision must notify Planning Dept. by providing their name, mailing address and reference the application number – MIS12-0005. Pursuant to WAC 197-11-535, this hearing will be open to the consideration of the environmental impact of the proposal. All environmental documents prepared pursuant to SEPA for the subject proposal will be available for consideration at this public hearing. For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed. Each request will be considered individually according to the type of request, the availability of resources, and the financial ability of the City to provide the requested services or equipment. PLANNING AND DEVELOPMENT DEPARTMENT - 25 WEST MAIN STREET, AUBURN, WA. 98001 (253) 804- 5033, Contact: Jeff Dixon, Principal Planner, jdixon@auburnwa.gov 2007 Aerial Photo, MIS12-0005 Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 6/7/2012 Zoning Designations MIS12-0005 Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 6/7/2012 Comprehensive Plan Designations MIS12-0005 Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 6/7/2012 Exhibit 1 Number of Pages 21 AGENDA BILL APPROVAL FORM Agenda Subject: Preliminary Plat Lakeland Villas; PLT12-0001 Date: June 28, 2012 Department: Planning and Development Attachments: See Exhibit List Budget Impact: N/A Administrative Recommendation: Hearing Examiner approve the Preliminary Plat of Lakeland Villas Background Summary: OWNER/ APPLICANT: Eric LaBrie ESM Consulting Engineers, LLC on behalf of CHG SF, LLC 181 S 333rd Street, Bldg C, Suite 210 Federal Way, WA 98003 253-838-6113 CHG SF, LLC Attn: Todd Sherman 846 108th Avenue NE, Suite 200 Bellevue, WA 98004 425-646-4448 REQUEST: The proposal is to subdivide 10.8 acres into 81 single family residential lots, and seven tracts (Tracts A-G). LOCATION: The subject property is located northeas of the intersection of Lake Tapps Parkway East and Thomas Avenue (which becomes 62nd Street SE when the road bends) in the southern portion of the Lakeland Hills South Planned Unit Development (PUD). Parcel Number: 7002371310 EXISTING LAND USE: The property is currently vacant. COMPREHENSIVE Moderate Density Residential (Special Area Plan: Lakeland Hills Planned PLAN Unit Development District (Ordinance No. 5092)) DESIGNATION: SEPA STATUS: A determination of non-significance was issued on June 6, 2012. Individuals were able to make comments until June 21, 2012. The appeal period ends on July 5, 2012. 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: Taylor Meeting Date: July 18, 2012 Item Number: Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 2 of 21 The Comprehensive Plan designation, zoning designation and land uses the subject property and map showing the adjacent zoning: Comprehensive Plan Zoning Land Use Site Moderate Density Residential (2-14 residential units per acre) Lakeland Hills South PUD – SFD 5 Currently vacant North Moderate Density Residential (2-14 residential units per acre) Lakeland Hills South PUD – SFD 5 Detached single family residence South Moderate Density Residential (2-14 residential units per acre) and open space Lakeland Hills South PUD – Across the intersection of Lake Tapps Parkway and Sumner Tapps Parkway is a parcel with a large known wetland, and the other properties are not developed West Single Family Residential R-5, (5 residential units per acre) Detached single family residences East Moderate Density Residential (2-14 residential units per acre) Lakeland Hills South PUD – Across Lake Tapps Parkway is a recently developed multifamily housing development Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 3 of 21 FINDINGS OF FACT: 1. Eric LaBrie ESM Consulting Engineers, LLC on behalf of CHG SF, LLC, submitted an application for a preliminary plat on February 16, 2012 for an eighty-one (81) lot single family residential development to be constructed without phases. 2. The applicant proposes seven tracts (Tracts A-G) which shall be maintained by the HOA. The list of the tracts proposed can be found on the first page of the proposed preliminary plat. 3. The subject property is located at the intersection of Lake Tapps Parkway East and 62nd Street SE (also known as Thomas Avenue SE). This property is located within the southern portion of the Lakeland Hills South Planned Unit Development (PUD). 4. The subject property is zoned Lakeland Hills PUD SFD-5. The subject property was created as Lot 131 of the Lakeland East Plat (Parcel Number: 7002371310). 5. The subject property is located within a Planned Unit Development area, a plan previously approved by Pierce County Hearing Examiner Case No. Z15-90/UP9-70, as amended. In 1998 the City of Auburn adopted Ordinance No. 5092 with approval for the Lakeland Hills South Planned Unit Development. Exhibit A of Ordinance No. 5092 adopted 92 conditions which remain applicable. The majority of the conditions, 52 conditions, were required to be fulfilled as part of the larger Lakeland Hills Master Planned community. The remaining 40 conditions noted below are associated with the incremental implementation of the Planned Unit Development. Many of the conditions have been addressed over time, or have been incorporated into the Auburn City Code and are no longer necessary to be conditioned. The chart below documents the conditions that have been fulfilled and the conditions that shall be addressed by each individual plat: Original Lakeland Hills PUD Conditions #52-92 Fulfilled/Compliance/Condition 52. The Planned Unit Development District (PUD) shall be developed in phases over a period of 10 to 15 years from June 22, 1993. The final phase of the PUD shall be commenced within the 15 year period proposed. Extensions may be granted by the City when deemed appropriate. The Lakeland Hills PUD construction has been consistently implemented and the proposed plat, the Lakeland Villas, is one to the few development areas remaining in the overall PUD development. This condition has been fulfilled, no compliance action or condition is necessary. 53. Each individual single family residential subdivision, shall be required to undergo preliminary and final plat approvals in accordance with the most current vision of the Auburn City Code and other applicable regulations. Supplement environmental review may be required for each separate proposal. The proposed subdivision, the Lakeland Villas preliminary plat application addresses this condition, no additional action is necessary at this time. 54. The total number of dwelling units allowed within the Lakeland Hills PUD shall be limited to 3,408. This number of units was calculated at the time of acceptance of the Lakeland Hills PUD Master Plan. The 3,408 units were allocated to different development areas within the master plan with corresponding appropriate density and design standards. This proposed development of 81 acres Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 4 of 21 complies with the development section, 16B, assigned in the Lakeland Hills PUD master plan. The 2008 master plan shows this area as an 11 acre parcel with an allowed density of 2-14 units per acre. During the initial review of this application (PRE 11-0019) staff determined that SFD-5 is the most appropriate set of design standards for this property. This condition has been addressed. 55. Twenty-four (24%) percent of the PUD shall be retained as parks, and/or open space, 71 acres of which shall be set aside for parks, trails and recreational open space areas not including the area set aside for schools. A system of sidewalks and trails shall be developed to facilitate pedestrian, bicycle and possibly equestrian movement through out the project. The total acreage associated with the Lakeland Hills PUD development is approximately 750 acres. A total of 196 acres has been dedicated to parks and open spaces as part of the development, or 26% of the development area. The proposed development, Lakeland Villas is required to provide a minimum area of 15,000 square feet, this requirement has been met by the applicant as depicted on sheet 7 of the drawings submitted with the preliminary plat application. This condition has been fulfilled no further action is necessary. 56. The PUD shall include areas suitable for both passive and active recreation areas. This condition has been fulfilled, no further action is necessary at this time. 57. Commercial use shall be located in internal activity nodes to help prevent the development of strip commercial developments on or off-site, as indicated on the preliminary development plan. This condition has been fulfilled, no further action is necessary at this time. 58. Phased construction of the PUD shall be accomplished in such a way as to insure the leading edge of the residential community is visually and acoustically buffered from the existing mining operation. This condition has been fulfilled, no further action is necessary at this time. 59. The applicant’s off-site traffic mitigation for Pierce County shall be provided as indicated in the document entitled “Lakeland Residential Planned Development District Mitigation Agreement” executed between Pierce County and Henderson Development Inc. on May 30, 1995. The applicant’s off-site traffic mitigation for Auburn shall be provided as indicated in the document entitled “First This condition has been fulfilled, no further action is necessary at this time. Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 5 of 21 Amendment to Lakeland Annexation and Utilities Agreement” executied between Auburn and the Lakeland Company on ______________________. 60. Supplemental analysis performed in conjunction with future subdivision or other development applications should confirm the quality of on-site habitat and presence or absence of species of concern that probably would be affected by such development. These analyses shall also consider realignment of roads to avoid wetlands, set aside wetland areas and appropriate buffers and setbacks using the most current City of Auburn guideline/regulations for these features; and strategic placement of parks to incorporate wetland areas and significant large diameter trees. This application is for a subdivision that has already been subject to on-site habitat analysis, the Lakeland East Plat. An environmental review (SEP05-0042) was completed in association with Lakeland East Preliminary Plat (PLT05-0006) and was referenced by the Lakeland East Final Plat (PLT08- 0023) which created the subject property Lot 131. The Lakeland East Plat was found to have a wetland located within the development area. The wetland area was protected as part of the Lakeland East Plat as ‘Tract B’. This 5.86 acre tract is located on the other side of Lake Tapps Parkway SE from the proposed subdivision site. The wetland is part of a larger mapped wetland that extends up through the ‘Lakeland Area 8’ area. This tract is protected by a conservation easement recorded in Pierce County (20081203145). This condition has been fulfilled, no further action is necessary at this time. 61. Habitat considerations shall be incorporated into individual site plans, through but not limited to, clustering of dwelling units, preserving contiguous blocks of habitat where possible, and using native species in plantings. Significant habitat shall be regulated consistent with the applicable requirements of agencies with jurisdiction. Please see the staff response to condition 60. This condition has been fulfilled, no further action is necessary at this time. 62. Any development application that includes an identified critical area shall comply with the most current version of the Auburn City Code and Comprehensive Plan. Please see the staff response to condition 60. This condition has been fulfilled, no further action is necessary at this time. 63. No residential structures shall be placed in high water zones unless high water table levels can be mitigated. Any roadway designs proposed in high water zones shall ensure that the locations are appropriate and the necessary engineering is performed. The proposed development is not located within a known high water zone. This condition has been fulfilled, no further action is necessary at this time. 64. Water system improvements shall be designed, located, As conditioned the applicant Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 6 of 21 and constructed to avoid significant adverse environmental impacts. Commercial and residential developments shall be required to utilize the most up-to-date ‘methods of water conservation’. shall comply with this condition at the time of submittal for a public facilities extension agreement. 65. Site development plans for each phase of development shall be consistent with the most current version of the Auburn City Code and Comprehensive Plan, and shall maximize the use of retention systems whenever possible. The plans shall be consistent with the Final Storm Drainage Master Plan. As conditioned the applicant shall comply with this condition at the time of submittal for a public facilities extension agreement. 66. Location of storm drainage facilities shall follow the most current requirements of the Auburn City Code, and applicable wetland regulations, and other applicable ordinances. This condition has been statisfied by the integration of new regulations into the Auburn City Code and the requirements of the National Pollutant Discharge Elimination System (part of the Federal Clean Water Act). 67. Storm drainage conveyance systems shall provide means for water quality and quantity control including but not limited to catch basins, oil/water separators, and /or grass lined swales, prior to disharge. This condition has been statisfied by the integration of new regulations into the Auburn City Code and the requirements of the National Pollutant Discharge Elimination System (part of the Federal Clean Water Act). 68. A temporary erosion and sedimentation control plan must be submitted to the City as part of any future site development plans. This condition has been statisfied by the integration of new regulations into the Auburn City Code. 69. The temporary erosion control plan must include erosion control measures for development of any project up through completion of all structures. This condition has been statisfied by the integration of new regulations into the Auburn City Code. 70. Erosion control facilities must be installed, and subsequently, inspected and approved by the City prior to site clearing. All necessary erosion control facilities must be properly maintained during all phases of site development to prevent debris, dust, and mud from accumulating on the City right-of-way and/or adjacent property. This condition has been statisfied by the integration of new regulations into the Auburn City Code. 71. All work associated with stabilizing slopes and other disturbed areas shall be in accordance with Section 8-01 of the 1988 Standard Specifications for Road, Bridge, and Municipal Construction, or the latest version thereof, unless approved otherwise by the City. As conditioned the applicant shall comply with this condition at the time of submittal for a public facilities extension agreement. Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 7 of 21 72. Emissions from construction equipment and trucks shall be kept to a minimum by using relatively new and well maintained equipment, and by avoiding prolonged periods of vehicle idling and use of engine powered equipment. As conditioned the applicant shall comply with this condition at the time of submittal for a public facilities extension agreement. 73. Construction materials trucked to the site shall be scheduled to minimize congestion during peak travel times. This will minimize secondary air pollution caused by traffic having to travel at reduced speeds. As conditioned the applicant shall comply with this condition at the time of submittal for a public facilities extension agreement. 74. Particulate matter (dust) produced during construction phases shall be controlled by watering roads, and paving or graveling high use construction roads. As conditioned the applicant shall comply with this condition at the time of submittal for a public facilities extension agreement. 75. Construction noise shall be kept to a minimum by the utilization of mufflers, engine intake silencers, engine enclosures, turing off idle equipment, and restricting hours of construction activities from 7:30 a.m. to 5:00 p.m., Monday though Saturday. As conditioned the applicant shall comply with this condition at the time of submittal for a public facilities extension agreement. 76. Stationary equipment shall be placed as far away from sensitive receiving locations as possible. Where this is infeasible, or where noise levels exceed ‘EDNA Class A’ Classification portable noise barriers shall be placed around the equipment with the opening pointed away from the sensitive receiving property. As conditioned the applicant shall comply with this condition at the time of submittal for a public facilities extension agreement. 77. Construction vehicles shall not travel through Lakeland Hills North nor other residential areas unless no other access is available. In no case shall construction vehicles travel through Lakeland Hills North once direct access is available from the site from East Valley Highway. As conditioned the applicant shall comply with this condition at the time of submittal for a public facilities extension agreement. 78. Measures shall be taken during construction activities to provide on-site security. Street lighting should be provided for residential and commercial developments and building and site designs should be considered that will reduce opportunities for crime to occur. As conditioned the applicant shall comply with this condition at the time of submittal for a public facilities extension agreement. 79. During construction of the phased residential development disturbed areas shall be revegetated during the next growing season. This condition has been statisfied by the integration of new regulations into the Auburn City Code. 80. A fire prevention plan shall be developed for the construction activites, particularly for areas storing flammable materials, and submitted to the City or review and approval prior to beginning operations. As conditioned the applicant shall comply with this condition at the time of submittal for a public facilities extension agreement. Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 8 of 21 81. Noise emanating from the site shall be regulated and abated in accordance with the Auburn City Code. In this regard, all properties which abut the property boundary lines of this site shall be considered “EDNA” Class A classification as residential in nature. EDNA Class A refers to the WAC classification of “Lands where human beings reside and sleep”. This condition shall be addressed by conditions regarding construction noise, and conditions for individual building permits. 82. Methods to significantly reduce impacts from outdoor noise such as insulation, airtight exteriors, and thicker walls, windows, glass, and ceilings shall be incorporated into building designs of strutures located within 250 feet of the east-west corridor road right of way. As conditioned the applicant shall comply with this condition at the time of submittal for associated building permits. 83. Measures to reduce noise impacts shall be incorporated into site and building designs located within 250 feet of the right of way including, but not limited to, larger setbacks from arterial roads, orienting courtyards or public areas behind buildings as far as feasible from traffic and limiting areas where heavy truck traffic is permitted. As conditioned the applicant shall comply with this condition at the time of submittal for associated building permits. 84. Potential air quality impacts from residential wood burning in the proposed PUD shall be minimized by controlling the number and density of such devices that are permitted. This conditions is not necessary as this is regulated by the Puget Sound Clean Air Agency (PSCAA). 85. Development of a community crime prevention program should be encouraged to help mitigate some of the impacts of police services. On June 27,2012, staff spoke with a representative of the Auburn Police Department who indicated that the City Police Department has an organized resource for the community known as a “Block Watch” program. The program is typically initiated by citizens in the neighborhood, and is supported by resources from the Police Department. Several community “Block Watch” programs have been organized within the Lakeland Hills development area. This resource will also be available for this newly proposed subdivision should the residents of the new homes choose to organize their neighborhood for a “Block Watch” program. This condition has been fulfilled, no further action is necessary at this time. 86. All commercial and residential buildings shall be planned As conditioned the applicant Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 9 of 21 and designed to facilitate fire prevention. Single and multi- family homes shall be built with rated roofs. shall comply with this condition at the time of submittal for associated building permits. 87. Multi-family and commercial developments shall incorporate alarms and sprinkler systems into their designs consistent with the requirements of Auburn City Code. Not applicable, this is an application for a residential subdivision of single family homes. 88. The site shall be developed under unified control and any division of the property within the PUD shall be subject to the Auburn City Code. This condition has been fulfilled, no further action is necessary at this time. 89. There shall be no groundwater for use within the PUD unless a hydrogeological study is performed which addresses both water quality, quantity, and the affects on existing wells in the area. Such a hydrogeological study must be submitted for review and approval by the City. Not applicable, this is an application for a residential subdivision of single family homes that will connect to municipal water service provided by Bonney Lake. 90. Facilities should be designed to accommodate recycling. Space should be provided to accommodate the storage of these materials at centralized locations. As conditioned the applicant shall comply with this condition at the time of submittal for a public facilities extension agreement. Recycling facilities shall be provided in the public park, to complement required garbage facilities. 91. To decrease the impact of single occupancy vehicle trips added to the City road systems and State highway, property owners shall institute a ride-sharing program through its homeowners’ association established pursuant to recorded CCRs on the property. The ride-sharing program shall include at least one information system for each plat and multi-family project such as a commuter board or telephone answering service to facilitate matching riders with vehicles. Participation in the ride-sharing program among residents shall be voluntary. The homeowners’ association will provide an annual report to the City as to the effectiveness of the ride-sharing program. As conditioned the applicant shall comply with this condition at the time of submittal for final plat. 92. In the formal plat submitted for that portion of Lakeland Hills South that abuts 182nd Avenue East, the first set of lots east to west shall have a minimum lot size of one half acre. The second two sets of lots east to west shall have a minimum lot size of 15, 000 square feet. If the zoning east of 182nd is intensified, this condition will be reevaluated. The applicant shall provide a 50-foot-wide screening greenbelt easement along 182nd Avenue East. A note The proposed project is located west of 182nd Avenue East. Not applicable. Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 10 of 21 shall be established on the face of the plat when such a plat is approved which states “the 50-foot screening greenbelt easement shall be maintained by the lot owners therein with the restriction of no driveways or structures permitted thereon, and no trees to be cut unless diseased or considered dangerous. Septic tank drain fields shall not be permitted within the required screening greenbelt.” If for any reason the screening greenbelt is disturbed or should trees need to be removed because they are considered diseased or dangerous, the applicant shall within the 50-foot wide screening greenbelt replant evergreen trees with a minimum planting height of 4 feet. The trees shall be planted 15 feet on center. If disturbed, the 50-foot greenbelt shall also be seeded with a drought resistant grass species. The applicant shall be responsible for maintaining and for replacing, if necessary, any tree which dies within two years of planting. Thereafter, maintenance and replacement responsibilities shall be that of the adjacent lot owners. 6. The Lakeland Hills South Planned Unit Development was adopted by Ordinance 5092 by the City of Auburn on May 4, 1998. The master plan for this area provides guidance for the allowed densities in different areas. The area proposed to be subdivided is shown as an area designated for an SFD-5 zoning area. The Lakeland Hills ordinance contains the following dimensional limitations for the SFD- 5 zoning area: Minimum lot area per dwelling unit: 2,370 square feet Minimum lot width: 40 feet Maximum lot coverage: 55% Maximum impervious surface: N/A Residence front setback: 10 feet to porch 15 to residence Garage setback from the street: 18 feet Interior side setback: 3 feet Street side setback: 6 feet Rear yard setback: 10 feet Rear yard setback for a detached structure: accessory structures and alley-loaded garages shall meet all the required setbacks of the zone with the exception that the rear yard setbak may be reduced to five feet. Main building height: 30 feet Accessory building height: 24 feet 7. The proposed use is consistent with the SFD-5 zoning designation within the Auburn City Code (ACC) Chapter 18.76 ‘Planned Unit Development District (PUD) – Lakeland Hills South’ as well as the Comprehensive Plan designation of Moderate Density Residential, and the Lakeland Hills Planned Unit Development District Master Plan (Ordinance No. 5092). 8. Water service will be provided by the Bonney Lake Water Service District. 9. Sanitary sewer service will be provided by the City of Auburn Public Works Department. 10. The requirements of ACC Chapter 15.74 ‘Land Clearing’ are applicable to the site. Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 11 of 21 11. No State or Federal candidate threatened or endangered plant species have been identified on the site. 12. No State or Federal candidate threatened or endangered animal species or habitats have been identified on the site. 13. As conditioned the proposal will not have significant adverse environmental impacts on fish and animals, water, noise, air quality, environmental health, public services and utilities, and land and shoreline use provided the attached conditions of approval are met. 14. Pursuant to ACC Chapter 15.74 and the City of Auburn Design Standards, a temporary erosion and sediment control plan is required to be approved and implemented on the site prior to and during site development. Potential significant adverse environmental impacts associated with erosion and sedimentation from this development will be adequately mitigated through compliance with this regulation. 15. The proposed site for this 81 lot subdivision, Lot 131, was created by the Lakeland East Plat (PLT08- 0023). This 10.8 acre undeveloped lot has been graded and the area has been designed to be served by a public storm facility that is already in place that serves the subdivision just north of Lot 131 in the Lakeland East Plat area. This public storm facility is located on ‘Tract A’ of the Lakeland East Plat. This tract was dedicated to the City of Auburn upon the recordation of the Lakeland East Plat (Rec. No. 200901095001). As conditioned at the time of the submittal of the facilities extension agreement, the applicant shall design and construct the proposed new subdivision to divert storm water run off from the new lots and internal streets to the existing storm water pond. 16. To mitigate noise impacts associated with the proposal, all construction shall comply with ACC 8.28. 17. Developers of the lots shall mitigate school impacts through the payment of the school impact fee in effect at the time of building permit issuance. This proposal is located in Auburn School District #408. 18. The addition of 81 new single family homes will place a new burden on the Valley Regional Fire Authority. This burden of service generated by the subdivsion of single family homes will be mitigated by individual builders and home owners through payment of the fire impact fee required per new single family house in effect at the time of building permit issuance for a new single family home. 19. Fire hydrants and water mains capable of providing the required fire flow shall be provided in accordance with the City of Auburn Design Standards. Fire hydrant location shall be approved by the Fire Marshal. 20. Auburn City Code 13.16.060(M) requires the maximum distance between hydrants for a single-family use district shall be 600 feet, measured as the fire vehicle lays its hose. This regulation will insure that any house in the area will be located within 300 feet of a fire hydrant. 21. The applicant submitted a preliminary landscape and irrigation plan (sheets 7 and 8 of the preliminary plat drawings), pursuant to ACC Section 17.12.210 and City of Auburn Design Standards. The applicant is required to meet the standards set forth in the “Master Landscape Plan for Lakeland South” dated July 31, 2001 which includes an approved plant list. As conditioned prior to the issuance of an approved facilities extension agreem ent the applicant shall provide a final landscape plat that meets the standards of ACC 17.12.210 and the standards set forth in the “Master Landscape Plan for Lakeland South”. 22. In 2006 the City recorded a fourth amendment (Resolution No. 4059) to the Lakeland Annexation and Utilities Agreement between the City and Evergreen Tucci Partners, LLC to apply all provisions of the Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 12 of 21 agreement to lands added to the original Lakeland Hills Planned Unit Development. Per Exhibit 3 of City of Auburn Resolution No. 4059, the mitigation requirements for park improvements for the Lakeland East area will be assumed during the construction of Lot “142”. The play area will be owned and maintained by the future Home Owners’ Association. Staff finds that Lot 131 was previously referenced as Lot 142 prior to the recordation of the Lakeland East plat and development of Lot 142 is responsible for the following: A minimum play area of 15,000 square feet A combination of play structures to service at least 90 children, featuring 18 or more play events designed for children from the ages of 2 to 12 years old The area will include commensurate park benches, picnic tables, garbage receptacles, etc. as determined by the City. 23. The public infrastructure frontages along 62nd Street SE (Thomas Ave SE), Lake Tapps Parkway E and 65th Street SE are already constructed, the applicant shall be required to provide landscaping along these public right-of-way frontages. The applicant proposes ‘Tract C, and D’ along Lake Tapps Parkway East to provide this required landscaping. The table on sheet 1 of the preliminary plat shows that all seven tracts (Tracts A-G) for landscaping, park and pedestrian access tracts will be owned and maintained by the Home Owners’ Association (HOA). On June 27, 2012 the applicant submitted draft Conditions, Covenants, and Restrictions (CCRs) to be associated with this development. As conditioned, prior to the issuance of a public facilities extension agreement the applicant shall work with staff to document the responsibility of the HOA for the landscaping, park and pedestrian access tracts. 24. Per City of Auburn Construction Standards Table 10-18 Summary Matrix of Minimum Street Design Requirements, internal roads of the proposed subdivision shall be constructed including a 50 foot right of way which will include a 28 foot paved surface, two 5.5 landscape strips, two 5 foot sidewalks, illumination, street trees and storm drainage. Parking is allowed on one side of the street only. “No Parking this side” signs, in accordance with City of Auburn standard details, shall be installed prior to City acceptance of road construction as “complete”. A cul-de-sac right of way width of 90 feet is required for the two cul-de-sacs proposed. 25. A Department of Ecology Construction Stormwater General Permit is required prior to site work commencing. 26. There are no known mapped critical areas on this property, a critical areas report was not a necessary part of this subdivision application. This application is for Lot 131 of the Lakeland East Plat, which included documentation of the known critical areas within the platting area, including a 5.86 acre wetland which was protected as part of the Lakeland East plat as ‘Tract B’. 27. A Combined Notice of Determination of Non-Significance and Notice of Application was issued on June 6, 2012 (Exhibit 6). A notice of Public Hearing was issued on July 2, 2012, a minimum of 15 days prior to the public hearing as required by ACC 18.70.040. The notice was also posted on site and mailed to adjacent property owners within 300 feet of the subject property. 28. The applicant provided a title report dated February 9, 2012, all currently assessed taxes on the property have been paid; there are no tax leins on the property. 29. Review by the City’s Transportation Division finds that a traffic impact analysis was previously completed for this project as part of the Lakeland East plat process. A school access analysis has been performed by the applicant for the subject property, and the analysis shows that the proposed neighborhood will be served by Auburn School Bus #408. The applicant stated that due to the location the proposed plat would not support a school walking route, but that the neighborhood children would be served by school bus routes. The site is surrounded by streets developed with sidewalks and the proposed plat will be developed with sidewalks. Traffic impact fees are required at Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 13 of 21 the current Lakeland residential fee rate of $ 1088.65 per Single family residence. The traffic impact fees are subject to change. CONCLUSIONS: ACC Chapter 17.10.070 provides certain criteria for approval of a Preliminary Plat: 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 Comment The proposed 81 lot preliminary plat includes provisions for storm water detention, water, and sewer utilities. Water will be provided to the project through Bonney Lake Water Service District. In an email dated March 15, 2012 the applicant stated that “Bonney Lake is asking for an approved Developer’s Extension Agreement prior to issuing a preliminary certificate of water availability.” Staff verified this information with Bonney Lake in a phone call with Laura Hines, of Bonney Lake. As conditioned the applicant shall provide a water availability certificate as part of the final plat application to show adequate water supply exists for the project. Sewer is provided by the City of Auburn Public Works Department. Adequate provisions are made for schools through the payment of school impact fees at the time of building permit issuance. The proposed site is surrounded by an existing road network and associated sidewalks. Sidewalks will be provided internally to the subdivision along all of the proposed new streets. This proposed subdivision is subject to the provision of the Auburn City Code (ACC) and the provisions of the Lakeland Hills South Planned Unit Development (PUD). As stated in ACC 17.14.100 subdivisions of 50 units or more require a dedicated park space. Subject to the provisions of the PUD (as interpreted by the Lakeland East Plat conditions) the proposed subdivision is also required to provide a minimum play area of 15,000 square feet with a combination of play structures to service at least 90 children, featuring 18 or more play events designed for children of ages 2 to 12 years old. The play area is also required to provide commensurate number of park benches, picnic tables, and garbage receptacles. The requirements of the PUD are here more stringent than the requirements of the ACC. As submitted the preliminary plat satisfies these requirements. On sheet 7 of the submitted preliminary plat drawings the applicant proposes a pocket park in the neighborhood to include two play structures. The first play structure is designed for children ages 2-5 and has 5 play events. The second play structure is designed for children 5-12 and has 8 play events. 13 play events are proposed by the applicant, 18 play events are required by the original condition of the Lakeland East Plat. Staff finds that the provision of outdoor space, benches, and landscaping will account for an additional 5 play events for children. An unprogrammed open space in a neighborhood allows for running, skipping, jumping, and outdoor parties and picnics that will serve as an open space for adults as well as children. 2. Conformance of the proposed subdivision to the general purposes of the comprehensive plan. Staff Comment Comprehensive Plan Elements: The following section provides the text from the Comprehensive Plan and how the proposed Lakeland Villas Preliminary Plat is in conformance with the plan policies: Chapter 2: General Planning Approach Goal 1: 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 provision and development. Complies. The proposed subdivision will be required to comply with all applicable standards in the Auburn City Code and Design Construction Standards, although deviations to these standards are Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 14 of 21 possible. The proposed development is consistent with the approved Lakeland Hills PUD District Master Plan which identified this area for single family residential development. Chapter 3: 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. Complies. The project site is 10.8 acres. The net site area of the proposal is approximately 6 acres, after the deduction of areas dedicated to public right-of-way (approximately 171,772 square feet), vehicle access easements (702 square feet), and on-site homeowners’ association maintained recreation space (15,791 square feet), tracts dedicated to landscaping (32,828 square feet). With 81 lots proposed over 6 acres, the density of the proposed subdivision is 13.5 dwelling units per net acre. This proposed density is supported by the Lakeland Hills Planned Unit Development District Master Plan which designates this area for density of 2-14 dwelling units per acre. Recreational needs of the residents are met through the provision of a neighborhood park and the surrounding sidewalks and pathways. The proposed project meets the density of the SFD-5 zoning district and land use designation of Single Family Residential and assists the City meeting its housing targets and growth management objectives. Chapter 4: Housing Goal 4: To maintain and enhance Auburn’s character as a family –oriented community while managing potential economic opportunities in a manner that provides necessary employment and fiscal support for needed services and while recognizing the need to provide human services and opportunities for housing to a wide array of housing types and sizes. Complies. The proposed development of 81 single family homes on this 10.8 acre parcel will provide added housing for middle income families, one of the stated goals of the comprehensive plan. Chapter 5: Capital Facilities Goal 1: 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 and provision. Complies. The proposed preliminary plat is conditioned to require adequate provision of facilities and services. The proposed area is served by existing water and sewer facilities, and utilities. The area was approved for development as part of the Lakeland Hills PUD District Master Plan. The approval of this preliminary plat is consistent with the master plan to develop the Lakeland Hills area in a manner that enhances the approximately 750 acre master planned area. Chapter 6: Private Utilities Goal 15: To ensure safe, efficient provision of private utilities to serve all segments and activities of the community. Complies. The proposed preliminary plat area is located in an area already served by utilities, the development of this parcel to 81 single family homes will support and assist in paying for the Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 15 of 21 development of the existing infrastructure, and new infrastructure that will be required. Each new single family home will be charged $1,353.14 at the time of building permit issuance to pay back the infrastructure development of the North Tapps Sewer Pump Station. Chapter 7: Transportation The proposed application complies with the City of Auburn Comprehensive Transportation Plan. Chapter 8: Economic Development Goal 17: To ensure the long-term economic health of the City and the region through a diversified economic base that supports a wide range of employment opportunities for Auburn’s residents and those of the region and through the promotion of quality industrial and commercial development which matches the aspirations of the community. Complies. The proposed development of a new 81 lot subdivision has a direct economic development impact for the community in the creation of new jobs associated with the construction of the new homes, and the attraction and housing of new residents to the neighborhood that will then shop and earn and spend wages in the community supporting a wide range of employment opportunities in the City. Chapter 9: The Environment Goal 18: 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. To encourage natural resource industries within the City to operate in a manner which enhances, (rather than detracts from), the orderly development of the City. Complies. As conditioned the proposed preliminary plat will comply with storm water management requirements, landscaping requirements, and best management practices associated with construction. The proposed plat is part of an area that was previously platted, the Lakeland East Plat, which identified and preserved a large 5.86 acre wetland located just south of Lake Tapps Parkway from this proposed subdivision (Tract B). Chapter 10: Historic Preservation Goal 20: To maintain, preserve and enhance the City’s historic, cultural and archaeological resources to provide a sense of local identity and history to the visitors and residents of the community. Not applicable. There are no known historical or archaeological resources in this area. Chapter 11: Parks, Recreation and Open Space Goal 21: To provide and maintain a comprehensive system of parks and open spaces that responds to the recreational, cultural, environmental and aesthetic needs and desires of the City’s residents. Complies. The proposed preliminary plat is part of the Lakeland Hills PUD District Master Plan which requires a provision of 196 acres of open spaces and parks. This proposed plat includes a required 15,000 square foot neighborhood park. As conditioned this neighborhood park will be maintained by the future HOA. Chapter 12: Urban Design Goal 22: To ensure a high quality visual environment through appropriate design standards and procedures which encourage high quality architectural and landscape design in all development and through the placement of artwork in public places. The City recongnizes the linkages between transporation, land use and site design and encourages development which eases access by pedestrians, bicyclists and transit uses. Complies. The proposed preliminary plat contains plans for high quality landscape design. As conditioned future individual single family house design shall reduce impacts from outdoor noise such as insulation, airtight exteriors, and thicker walls, windows, glass, and ceilings shall be incorporated into building designs of strutures located within 250 feet of the east-west corridor road right of way. Also as conditioned to decrease the impact of single occupancy vehicle trips added to the City road Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 16 of 21 systems and State highway, property owners shall institute a ride-sharing program though its homeowner’s association established pursuant to recorded CCRs on the property. The ride-sharing program shall include at least one information system for each plat and multi-family project such as a commuter board or telephone answering service to facilitate matching riders with vehicles. Participation in the ride-sharing program among residents shall be voluntary. The homeowner’s association will provide an annual report to the City as to the effectiveness of the ride-sharing program. Chapter 13: Unincorporated Areas and Annexations Goal 5: To ensure the orderly development of the City’s potential annexation area, in a manner that ensures adequate and cost-effective provision of required urban services and facilities, ensures that development is built to City standards, reduces sprawl, implements the goals , objectives and policies of the Auburn Comprehensive Plan, and protects designated rural areas. Not applicable. 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 Comment The proposed development is in compliance with the Lakeland Hills Planned Unit Development District Master Plan. Please see the analysis of the 40 conditions associated with the adoption ordinance for the Lakeland Hills PUD found earlier in this staff report. The proposed application complies with the adopted Vision 2040 of the Puget Sound Regional Council which supports the State adopted Growth Management Act which emphasizes infill development in cities over development of rural properties outside of city limits. The subject properties are part of the Lakeland Hills PUD, which was annexed into the City of Auburn city limits in 1998. The proposed subdivision will be located directly across the street from an existing subdivision in an area that is already served by water and sewer utilities and is located within close proximity to improved non-residential roads and commercial services. 4. Conformance of the proposed subdivision to the general purposes of this title, as enumerated in ACC 17.02.030. 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: o Prevent the overcrowding of land; o Promote safe and convenient travel by the public on streets and highways; o Promote the effective use of land; o Provide for adequate light and air; o Facilitate adequate provision for water, sewerage, storm drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements; o Provide for proper ingress and egress; o 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; o Adequately provide for the housing and commercial needs of the citizens of the state and city; o Require uniform monumenting of land divisions and conveyance by accurate legal description; o Implement the goals, objectives and policies of the Auburn comprehensive plan. Staff Comment Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 17 of 21 The proposed preliminary plat meets the general purposes of the Land Adjustment and Divisions Chapter of the Auburn City Code. The proposed lot size meets the SFD-5 zone regulations of a minimum of 2,370 square feet per lot and an average lot size of 3,081 square feet. The lots within the proposed plat vary in lot size from 3,083 square feet to 6,056 square feet. As mentioned under Comment 1, the proposed plat makes adequate provisions for water, sewer, storm drainage, fire access, and ingress/egress. Addressed under Comment 2 is how the project complies with the Auburn Comprehensive Plan. The proposed preliminary plat will develop 81 single family residential lots providing housing for citizens of the State and City. As conditioned the final plat development will require uniform monumenting of new lots and conveyance by accurate legal description. 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 Comment The proposed project meets the regulations outlined in ACC Section 18.76 ‘Lakeland Hills PUD District’. The lots are designed to meeting the following requirements: • Minimum lot width of 40 feet • Minimum lot size of 2,370 square feet . The smallest lot is 3,083 square feet, the largest lot is 6,056 square feet, and the average of all the lots is 3,081 square feet. • The future single family residences will be required to meet the minimum setbacks and lot coverage for SFD-5 as outlined in ACC 18.76 Planned Unit Development District (PUD) – Lakeland Hills South. The streets, sidewalks, storm drainage facilities, and sewer mains will be required to meet the City’s Design and Construction Standards. These facilities will be reviewed as part of the facility extension, grading, and civil plans 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 Comment The preliminary plat contains conditions to reduce impacts of the associated development. These conditions include regulations to reduce potential damage from erosion, and slope destabilization. The preliminary plat is conditioned to mitigate potential impacts associated with construction including construction noise and machine use and truck trips. The preliminary plat is conditioned to regulate the future development of the property to shield exterior lighting and ensure adequate water and sewer connections. This infill development allows for smart growth in an area already served by infrastructure consistent with the State of Washington Growth Management Act. 7. Adequate provisions are made so the preliminary plat will prevent or abate public nuisances. Staff Comment Adequate provisions are made so the preliminary plat will prevent or abate public nuisances. The applicant has laid out the preliminary plat so that the proposed plat is congruous with the existing neighborhoods in the immediate surroundings. The established neighborhoods across the streets are generally subdivision developments of lots under a quarter of an acre. MODIFICATION OF STANDARDS – ACC CHAPTER 17.18 Pursuant to this chapter, modifications can be made to standards or specifications if the modification meets the requirements of ACC 17.18.030. Not applicable. The applicant has not requested any modifications to any standards or specifications. Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 18 of 21 RECOMMENDATION Based upon the application, the Findings of Fact, and Conclusions of the staff report, staff recommends that the Hearing Examiner APPROVE the Preliminary Plat with the following thirty one (31) conditions of approval: 1. Prior to the execution of a public facilities extension agreement and as part of the final plat application the applicant shall provide a water availability certificate to show adequate water supply exists for the project. 2. Prior to the execution of a public facilities extension agreement the applicant shall show evidence that water system improvements shall be designed, located, and constructed to avoid significant adverse environmental impacts. Commercial and residential developments shall be required to utilize the most up-to-date ‘methods of water conservation’ in place at the time the preliminary plat is approved. 3. Prior to the execution of a public facilities extension agreement the applicant shall show construction plans for sewer stubs to the parcels adjacent to all sewer main extensions. 4. Prior to the execution of a public facilities extension agreement the applicant shall work with staff to document with the Covenants, Conditions, and Restrictions the future Home Owners’s Association (HOA) maintenance responsibility for the landscaping, park and pedestrian access tracts. All tracts not dedicated to the City of Auburn shall be maintained by the future Homeowners’ Association. 5. Prior to the execution of a public facilities extension agreement the applicant shall demonstrate to the satisfaction of the City Engineer that the sight distance design meets the City’s horizontal and vertical sight distance standards at the intersection of Road A and Thomas Avenue SE. 6. Prior to the execution of a public facilities extension agreement the applicant shall show evidence of site development plans for the development that shall be consistent with the most current version of the Auburn City Code and Comprehensive Plan in place at the time the preliminary plat was deemed complete, and shall maximize the use of retention systems and low impact development technology in the HOA recreation and landscaping tracts whenever feasible. The plans shall be consistent with the Final Storm Drainage Master Plan. 7. Prior to the execution of a public facilities extension agreement the applicant shall show evidence of location of storm drainage facilities that shall follow the most current requirements of the Auburn City Code in place at the time the preliminary plat was deemed complete, and other applicable ordinances. 8. Prior to the execution of a public facilities extension agreement the applicant shall show evidence of storm drainage conveyance systems that shall provide means for water quality and quantity control including but not limited to catch basins, and /or grass lined swales, prior to discharge. 9. Prior to the execution of a public facilities extension agreement the applicant shall show evidence of a temporary erosion and sedimentation control plan. The temporary erosion control plan must include erosion control measures for development of any project up through completion of all structures. Erosion control facilities must be installed, and subsequently, inspected and approved by the City prior to site clearing. All necessary erosion control facilities must be properly maintained during all phases of site development to prevent debris, dust, and mud from accumulating on the City right-of-way and/or adjacent property. The applicant shall show evidence that all work associated with stabilizing slopes and other disturbed areas shall be in Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 19 of 21 accordance with Section 8-01 of the 2009 City of Auburn Energy Construction Standards, and the 2008 Standard Specifications for Road, Bridge, and Municipal Construction, or the latest version thereof in place at the time the preliminary plat is approved, unless approved otherwise by the City. 10. Prior to the execution of a public facilities extension agreement the applicant shall show evidence that emissions from construction equipment and trucks shall be kept to a minimum by using relatively well maintained equipment, and by avoiding prolonged periods of vehicle idling and use of engine powered equipment. 11. Prior to the execution of a public facilities extension agreement the applicant shall show evidence that all construction materials trucked to the site shall be scheduled to minimize congestion during peak travel times. This will minimize secondary air pollution caused by traffic having to travel at reduced speeds. 12. Prior to the execution of a public facilities extension agreement the applicant shall show evidence that particulate matter (dust) produced during construction phases shall be controlled by watering roads, and paving or graveling high use construction roads. 13. Prior to the execution of a public facilities extension agreement the applicant shall show evidence that all construction noise shall be kept to a minimum by the utilization of mufflers, engine intake silencers, engine enclosures, turing off idle equipment, and restricting hours of construction activities from 7:30 a.m. to 5:00 p.m., Monday though Saturday. 14. Prior to the execution of a public facilities extension agreement the applicant shall show evidence that stationary equipment shall be placed at the southern portion of the site. Where this is infeasible, or where noise levels are expected to exceed ‘EDNA Class A’ Classification portable noise barriers shall be placed around the equipment with the opening pointed away from the northern portion of the property. 15. Prior to the execution of a public facilities extension agreement the applicant shall show evidence that construction vehicles shall not travel through Lakeland Hills North nor other residential areas unless no other access is available. In no case shall construction vehicles travel through Lakeland Hills North once direct access is available from the site from East Valley Highway. 16. Prior to the execution of a public facilities extension agreement the applicant shall show evidence that significant measures shall be taken during construction activities to provide on-site security. Street lighting should be provided for residential and commercial developments and building and site designs should be considered that will reduce opportunities for crime to occur. 17. Prior to the execution of a public facilities extension agreement the applicant shall show evidence that during construction of residential development disturbed areas shall be revegetated during the next growing season. 18. Prior to the execution of a public facilities extension agreement a fire prevention plan shall be developed for the construction activites, particularly for areas storing flammable materials, and submitted to the City or review and approval prior to beginning operations. 19. Prior to the execution of a public facilities extension agreement the applicant shall show evidence that the quasi-public spaces have been designed to accommodate recycling. Space should be provided to accommodate recycling receptacles where trash receptacles are provided in centralized locations. Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 20 of 21 20. Prior to the execution of civil plans the applicant shall show evidence that half street improvements shall be implemented for 65th Street South in accordance with City Design and Construction Standards. 21. Prior to the execution of civil plans that include streetscape plans, the plans must reflect a ratio of 0.67 street trees in the right of way per dwelling unit, evenly spaced throughout the plat. 22. Prior to the execution of civil plans the applicant shall demonstrate to the satisfaction of the City Engineer that the sight distance design meets the City’s horizontal and vertical sight distance standards with the existing sight distance easement along Lake Tapps Parkway established as part of the Lakeland East Plat recording number 200901095001. 23. Prior to the execution of civil plans the applicant shall provide a final landscape plan that meets the standards of ACC 17.12.020 and the standards set forth in the “Master Landscape Plan for Lakeland South”. 24. Prior to the execution of civil plans the applicant shall show on the plans the construction of offsite improvements to Thomas Avenue SE including the reconstruction of the median, any changes to street lighting, channelization, pavement markings and the creation of a new thermoplastic crosswalk at the north leg of the intersection of Thomas Avenue SE and Lake Tapps Parkway if one does not already exist. 25. Prior to the issuance of a permit for any site work the applicant must show evidence of a Department of Ecology Construction Stormwater General Permit. 26. Prior to the issuance of the final plat the applicant shall show evidence of uniform monumenting of lots and conveyance by accurate legal description. 27. Prior to approval of final plat a condition establishing a parking ratio of 0.3 legal on -street parking spaces per dwelling unit, evenly spaced throughout the plat, shall be shown on the face of the final plat. 28. At the time of submittal for individual building permits design professionals shall use known methods to significantly reduce impacts from outdoor noise such as insulation, airtight exteriors, and thicker walls, windows, glass, and ceilings shall be incorporated into building designs of strutures located within 250 feet of the east-west corridor road right of way. 29. At the time of submittal for individual building permits design professionals shall use known measures to reduce noise impacts shall be incorporated into site and building designs located within 250 feet of the right of way including, but not limited to, larger setbacks from arterial roads, orienting courtyards or public areas behind buildings as far as feasible from traffic and limiting areas where heavy truck traffic is permitted. 30. At the time of submittal for individual building permits design professionals shall use known measures to facilitate fire prevention (excluding sprinkler systems). Single and multi-family homes shall be built with rated roofs. 31. To decrease the impact of single occupancy vehicle trips added to the City road systems and State highway, property owners shall institute a ride-sharing program though its homeowner’s association established pursuant to recorded CCRs on the property. The ride-sharing program shall include at least one information system for each plat and multi-family project such as a commuter board or telephone answering service to facilitate matching riders with vehicles. Participation in the ride-sharing program among residents shall be voluntary. The homeowner’s Agenda Subject: Lakeland Villas Plat; PLT12-0001 Date: June 28, 2012 Page 21 of 21 association will provide an annual report to the City as to the effectiveness of the ride-sharing program. 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 and Zoning Map Exhibit 3 Preliminary Plat Application Materials Legal description Title report Draft CCRs received on June 27, 2012 Exhibit 4 ‘Lakeland Villas Preliminary Plat’ Site Plan by ESM Consulting Engineers, LLC dated February 16, 2012 Exhibit 5 Combined Notice of Application and Determination of Non-significance, affadavit of publication and publication notice (to be distributed at the hearing) Exhibit 6 SEP12-0004 Environmental Checklist and Final Staff Evaluation Exhibit 7 Notice of Public Hearing Notice, affadavit of publication and publication notice (to be distributed at the hearing)