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HomeMy WebLinkAbout04-08-2013 HE COMPLETED PACKET 04.08.13 (2) HEARING EXAMINER April 8, 2013 5:30 p.m. City Council Chambers 25 West Main Street I. Case No: PLT12-0002 – Hazel Heights Preliminary Plat Applicant: Dennis Johnson, Hazel Heights, LLC, PO Box 560, Alamo, CA 94507 Request: Request to subdivide a 4.31-acre parcel (King County Parcel No. 0521059039) into 17 lots for the construction of single-family residences. The property is located at 11112 Southeast 304th Street within the SE ¼ of Section 5, Township 21 North, Range 5 East, W.M. Exhibit 1 Number of Pages 14 AGENDA BILL APPROVAL FORM Agenda Subject: Hazel Heights Preliminary Plat – PLT12-0002 Date: April 1, 2013 Department: Planning and Development Attachments: See Exhibit List Budget Impact: N/A Administrative Recommendation: Hearing Examiner approve the Preliminary Plat of Hazel Heights Background Summary: OWNER/ APPLICANT: Dennis Johnson, Hazel Heights LLC, P.O. Box 560, Alamo, CA 94507 AGENT: Tom Redding, Encompass Engineering & Surveying, 165 NE Juniper Street, Suite 201, Issaquah, WA 98027 REQUEST: The proposal (“Project”) is to subdivide a 4.31-acre parcel (“Site”) into 17 lots for the construction of single-family residences. LOCATION: The proposal is located at 11112 Southeast 304th Street within the SE ¼ of Section 5, Township 21 North, Range 5 East, Willamette Meridian, King County, Washington. King County Parcel No. 0521059039. EXISTING LAND USE: Single family residence, appurtenant structures, and septic system to be demolished. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential SEPA STATUS: Determination of Non-Significance issued February 12, 2013. 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: Yao Meeting Date: April 8, 2013 Item Number: Agenda Subject: Hazel Heights Preliminary Plat – PLT12-0002 Date: April 1, 2013 Page 2 of 14 The Comprehensive Plan designation, zoning designation, and land uses of the subject property and adjacent properties are as follows: Comprehensive Plan Designation Zoning Designation Current Land Use Site Single Family Residential R5 Residential, 5 Dwelling Units per Acre Single family residence North Single Family Residential R5 Residential, 5 Dwelling Units per Acre Vacant South Single Family Residential R5 Residential, 5 Dwelling Units per Acre Single family residences West Single Family Residential R5 Residential, 5 Dwelling Units per Acre Single family residences East Single Family Residential R5 Residential, 5 Dwelling Units per Acre Single family residences, storm pond, wetland/buffer Map showing adjacent zoning designations: Hazel Heights Agenda Subject: Hazel Heights Preliminary Plat – PLT12-0002 Date: April 1, 2013 Page 3 of 14 FINDINGS OF FACT: 1. Dennis Johnson of Hazel Heights, LLC (Applicant) submitted a Preliminary Plat application (“Project”) on March 29, 2012 to subdivide a 4.31-acre parcel (“Site”) into 17 lots for the construction of single- family residences. 2. The Site is located at 11112 Southeast 304th Street, within the City of Auburn’s corporate limits, and referenced by King County Tax Assessor Parcel No. 0521059039. 3. The Site is currently developed with an existing single-family residence, accessory structures, and a septic system, which will all be removed by the Project. 4. The Site is zoned R5 Residential, Five (5) Dwelling Units per Acre, and the Project is vested to this standard. The Comprehensive Land Use designation for the Property is Single-Family Residential. 5. The Project’s calculated density is 4.86 dwelling units per net acre. The base (maximum) density for the R5 zone is 5 dwelling units per net acre. 6. The following lot dimensions are applicable to the R5 zone: • Minimum average lot area: 8,000 sq. ft. • Minimum lot area: 6,000 sq. ft. • Minimum lot width: 50 ft. 7. The following lot dimensions are proposed by the Project: • Minimum average lot area: 7,195 sq. ft. • Minimum lot area: 6,444 sq. ft. • Minimum lot width: 50 ft. 8. Per the process and criteria in Auburn City Code (ACC) 18.70.015(A)(1)(b), an Administrative Variance (File No. MIS12-0008) was approved on December 17, 2012 and revised on March 28, 2013 reducing the minimum average lot area required of the lots within the Project from 8,000 sq. ft. to 7,000 sq. ft; an approximately 12.5% reduction 9. Per ACC 12.64A Required Public Improvements, the following public right-of-way improvements are required for the subdivision: • Construction of improvements along the SE 304th Street frontage to the Minor Arterial standard specified in the City of Auburn Engineering Design Standards. • Construction of improvements along the 112th Avenue SE frontage to the Minor Arterial standard specified in the City of Auburn Engineering Design Standards. • Construction of the internal plat road for the Project (“Road A”) to the Local Residential standard specified in the City of Auburn Engineering Design Standards. 10. Per ACC 17.18.010, the Hearing Examiner may approve a modification of any standard or specification established or referenced by ACC17.14 or established or referenced in the city's design standards or construction standards, upon making the findings of fact in ACC 17.18.030; provided, that the Hearing Examiner shall obtain the concurrence of the City Engineer for any requests to modify any City of Auburn design or construction standard. 11. Per the deviation request (“Exhibit 9”) dated February 5, 2013, revised March 14, 2013, and received March 15, 2013, the applicant proposes the following: Agenda Subject: Hazel Heights Preliminary Plat – PLT12-0002 Date: April 1, 2013 Page 4 of 14 • Dedication of right-of-way and construction of right-of-way improvements along the 112th Avenue SE frontage to Residential Collector rather than Minor Arterial standard • Construction of right-of-way improvements along the SE 304th Street frontage to the Residential Collector rather than Minor Arterial standard • Construction of Road A with a horizontal curve radius of 55 ft. rather than the Local Residential standard of 333 ft. • Intersection spacing as proposed on the site plans (“Exhibit 4”) received on March 15, 2013 rather than the spacing required per the City of Auburn Engineering Design Standards 12. The proposed deviation request has been reviewed by the transportation staff and the City Engineer. The City Engineer is recommending approval to the Hearing Examiner subject to the Conditions of Approval contained herein. 13. The applicant has completed a Traffic Impact Analysis (TIA) for the Project, inclusive of the deviations proposed. The City’s Transportation Division has reviewed and accepted the TIA, prepared by TraffEx, dated January 24, 2013. 14. Water service will be provided by the City of Auburn. 15. Sanitary sewer service will be provided by the City of Auburn. 16. The requirements of ACC 13.48 Storm Drainage Utility, ACC 15.74 Land Clearing, Filling, and Grading, and the City’s 2009 Surface Water Management Manual (SWMM) are applicable to the Site and Project. 17. The majority of the Project will drain to the storm detention and water quality pond located in proposed Tract A (“Exhibit 4”) at the northwest portion and lowest point of the Site. Stormwater outfall from the storm pond will be released near the northwest corner of the Site, which would flow westward into the ditch on the adjacent property and run northward. This is consistent with the SWMM Minimum Requirement #4 for New Development and Redevelopment, which requires that natural drainage patterns be maintained. 18. The balance of the proposed lots for the Project will be required to drain to and infiltrate in the wetland and buffer contained in proposed Tract B (“Exhibit 4”) of the Project in order to maintain wetland hydrology, soils, and vegetation. This discharge is required to be consistent with the SWMM Minimum Requirement #8 for New Development and Redevelopment. 19. Fire hydrants and mains capable of providing the required fire flow shall be provided per City of Auburn Engineering Design Standards and the 2009 International Fire Code (IFC). Fire hydrant locations shall be approved by the Fire Marshal. 20. Traffic, fire, park, and school impacts are mitigated through the payment of impact fees in effect at the time of Building Permit issuance for each lot or deferred per Ordinance No. 6455. 21. No Critical Landslide or Erosion Hazard areas have been identified on the Site. 22. The Site is not located in the regulatory floodplain per Federal Emergency Management Agency (FEMA) maps. 23. There are three (3) Category IV wetlands and one (1) artificially created wetland on-site. The Project proposes to fill two (2) Category IV wetlands and one (1) artificially created wetland comprising approximately 0.07 acres in total. A conceptual mitigation plan has been submitted specifying buffering, enhancement, and creation of additional wetland for the remaining Category IV wetland, which is approximately 0.03 acres in size and located in proposed Tract B (“Exhibit 4”). Agenda Subject: Hazel Heights Preliminary Plat – PLT12-0002 Date: April 1, 2013 Page 5 of 14 24. The wetland enhancement and creation proposed for the Project is consistent with City’s Critical Area regulations specified in ACC 16.10.110. A Final Mitigation Plan addressing construction details of mitigating impacts to on-site wetlands consistent with ACC 16.10.090 through 16.10.130 is required to be approved and implemented on the Site. 25. The Site is located in Groundwater Protection Zone 4. 26. No state or federal candidate threatened or endangered plant species has been identified on the Site. 27. No state or federal candidate threatened or endangered animal species or habitat has been identified on the Site. 28. No known places or objects listed on or proposed for national, state, or local preservation registers has been identified on the Site. 29. The Site is not located within any shoreline designation. 30. A SEPA Determination of Non-Significance (DNS) (“Exhibit 5”) was issued on February 12, 2013. The proposal will not have significant adverse environmental impacts on soil stability, air quality, surface and ground water quality, animals, plants, energy and natural resources, environmental health, noise, land and shoreline use, housing, aesthetics, recreation, historic and cultural sites or objects, transportation, and public utilities, provided that the Project is consistent with all applicable City standards and regulations and the Conditions of Approval contained herein 31. A combined Notice of Application, Notice of Public Hearing, and SEPA Determination of Non- Significance (“Exhibit 5”) was issued on February 12, 2013. The City received three comment letters on the project (“Exhibit 7”). This original notice identified a public hearing date of March 20, 2013. The hearing was subsequently rescheduled, and a combined Cancellation of Public Hearing and Revised Notice of Public Hearing was issued on March 20, 2013 (“Exhibit 5”). The public hearing notice was issued a minimum of 10 days prior to the public hearing as required by ACC 18.70.040. The notice was also posted at the Site and mailed to adjacent property owners within 300 ft. of Site. CONCLUSIONS ACC 17.10.070 provides certain criteria for approval of a Preliminary Plat. The following is a list of these criteria (in italics) and staff analysis of how the Project compares to the criteria: 1. Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and schools. Staff Analysis The Project includes adequate provisions for access, water and sanitary sewer service, stormwater management, fire protection, recreation, and schools. The proposed Road A will provide access for the Project’s 17 lots. In its review of the Project, the City’s Transportation Division has found the dedications and improvements to SE 304th Street, 112th Avenue SE, and Road A to be acceptable. City Water and sewer service is available and capable of serving the Site. Agenda Subject: Hazel Heights Preliminary Plat – PLT12-0002 Date: April 1, 2013 Page 6 of 14 Stormwater management, drainage, and erosion control will be adequately provided consistent with the ACC 13.48 Storm Drainage Utility, ACC 15.74 Land Clearing, Filling, and Grading, the City’s 2009 Surface Water Management Manual (SWMM), and any other applicable City standards. Adequate provision of fire protection is made through the payment of fire impact fees at the time of Building Permit issuance for each lot or deferred per Ordinance No. 6455 and consistency with the City of Auburn Engineering Design Standards and the 2009 International Fire Code (IFC) Adequate provisions for schools are made through the payment of school impact fees at the time of Building Permit issuance for each lot or deferred per Ordinance No. 6455. Sidewalks do not currently exist in the vicinity. Sidewalks will be provided along the SE 304th Street and 112th Avenue SE Site frontages, as well as in Road A serving the project, to provide pedestrian access. Adequate provisions for parks are made through the payment of park impact fees at the time of Building Permit issuance for each lot or deferred per Ordinance No. 6455. The proposed Project of 17 lots does not reach the threshold of 50 units that requires the dedication of park space per ACC 17.14.100. 2. Conformance of the proposed subdivision to the general purposes of the comprehensive plan. Staff Analysis The Project is consistent with the general purposes of the Comprehensive Plan. Specifically the Project is consistent with the following Comprehensive Plan goals, objectives, and policies: Capital Facilities Goal 13: City Utilities Ensure that development will only occur if the urban services necessary to support the development will be available at the time of development. Objective 13.4: To ensure that collection, conveyance, storage and discharge of storm drainage is provided in a sufficient and environmentally responsible manner, in order to meet the needs of the existing community and provide for its planned growth. Policy CF-37: The City shall require developers to construct storm drainage improvements directly serving the development, including any necessary off-site improvements. Policy CF-45: The City shall promote policies which seek to maintain the existing conveyance capacity of natural drainage courses. Policy CF-53: The City shall seek to minimize the impacts to the natural river system’s hydrology by encouraging pre-treatment of surface flows of new development and re-introduction into the groundwater where feasible. The necessary City utilities are available for the Project. Water and sewer service is available and capable of serving the Site. The majority of the stormwater resulting from the Project will drain to the stormwater detention and water quality pond constructed by the developer and located in Tract A prior to controlled release near the northwest corner of the Site. Stormwater from several lots will drain to the wetland and buffer contained in proposed Tract B of the Project, which achieves both infiltration and maintenance of wetland hydrology, soils, and vegetation. Stormwater management, drainage, and erosion control will be adequately provided consistent with the ACC 13.48 Storm Drainage Utility, ACC 15.74 Land Clearing, Filling, and Grading, the City’s 2009 Surface Water Management Manual (SWMM), and any other applicable City standards. Agenda Subject: Hazel Heights Preliminary Plat – PLT12-0002 Date: April 1, 2013 Page 7 of 14 Land Use Goal 7: Residential Development To emphasize housing development at single family densities, in order to reestablish a mix of housing types appropriate for a family oriented community, while recognizing the need and desire for both lower density and higher density housing appropriately located to meet the housing needs of all members of the community. Policy LU-17: Residential densities in areas designated for single family residential uses should be no greater than 7 units per acre. Objective 7.2: To designate land for the development of new single family homes. Objective 7.3: To promote the development of quality single family neighborhoods which relate the design and types of residential areas to important natural and manmade features. Policy LU-26: Emphasis shall be placed upon the manner in which the recreational needs of the residents shall be met in the approval of any residential development. Parks Goal 21: Parks, Recreation, and Open Space To provide and maintain a comprehensive system of parks and opens spaces that responds to the recreational, cultural, environment, and aesthetic needs and desires of the City’s residents. Policy PR-2: New developments shall contribute to the development of new parks at a level commensurate with their share of new facility needs as established by the Park and Recreation Plan. The Site is 4.31 acres. The net site area used to calculate density, which excludes the Site area specified in ACC 18.02.065(A) Methods of Calculating Density, is 3.50 acres. With 17 lots proposed, this yields a density of 4.86 dwelling units per net acre, which is consistent with the Comprehensive Plan policy regarding density of areas designated for single-family residential uses. The proposed project meets the density of the R5 zoning district and land use designation of Single Family Residential and assists the City in meeting its housing targets and growth management objectives. Recreational needs of the residents are met through the assessment of park impact fees at the time of Building Permit issuance for each lot or deferred per Ordinance No. 6455. The proposed Project of 17 lots does not reach the threshold of 50 units that requires dedicated park space per ACC 17.14.100. Environment Goal 18: Environment and Natural Resources To maintain and promote a safe and healthy environment and preserve the quality of life, and to protect the area’s most unique, sensitive, and productive natural resources. The proposal will not have significant adverse environmental impacts provided that the Project is consistent with all applicable City standards and regulations and the Conditions of Approval contained herein. Consequently, a SEPA Determination of Non-Significance (“Exhibit 5”) was issued on February 12, 2013. 3. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans which have been adopted by the City Council. Staff Analysis The preceding analysis for Approval Criteria 2 is in support of the Project’s consistency with the City of Auburn Capital Facilities Plan, Comprehensive Water Plan, Comprehensive Sanitary Sewer Plan, Comprehensive Drainage Plan, and the Parks, Recreation and Open Space Plan. Agenda Subject: Hazel Heights Preliminary Plat – PLT12-0002 Date: April 1, 2013 Page 8 of 14 The Project is also consistent with general purposes of the Comprehensive Transportation Plan. Specifically the Project is consistent with the following Comprehensive Plan elements: Street System Objective: Functional Classification To provide an integrated street network of appropriate classes of streets designed to facilitate different types of traffic flows and access needs. Policy TR-75: The classification standards adopted in the Auburn Engineering Design Standards are considered the City’s minimum standards for new streets. In cases in which the City attempts to rebuild an existing street within an established right-of-way, the City Council reserves the authority to determine if additional right-of-way should be obtained in order to realize the improvement. Preservation of neighborhood continuity and cohesiveness will be respected. The City’s Transportation Division has reviewed and accepted the Traffic Impact Analysis (TIA), prepared by TraffEx, dated January 24, 2013, which is inclusive of the deviations requested and has shown that the street design for the Project will facilitate the different types of traffic flows and access needs for the Site. SE 304TH STREET SE 304th Street is designated as a Minor Arterial. Dedication of 5.5 ft. of right-of-way along the SE 304th Street frontage achieves the City of Auburn Engineering Design Standard for Minor Arterials. Construction of half-street improvements to the Residential Collector standard is required to maintain neighborhood continuity and cohesiveness by matching the frontage improvem ents across from the Site on SE 304th Street. 112TH AVENUE SE 112th Avenue SE is designated as a Minor Arterial. Dedication of 3.5 ft. of right-of-way along the 112th Avenue SE frontage to achieve the City of Auburn Engineering Design Standard for Residential Collectors and construction of half-street improvements to the Residential Collector standard is required to maintain neighborhood continuity and cohesiveness. 112th Avenue SE was previously designated as a Residential Collector by the City, and other subdivisions along the 112th Avenue SE frontage were constructed to Residential Collector standards. ROAD A Road A is a proposed public right-of-way providing access to the Project’s lots. It is to be dedicated and constructed to the City of Auburn Engineering Design Standard of Local Residential Street. A deviation to the minimum horizontal curve radius of 333 feet is sought and proposed to be 55 feet. Non-Motorized System Objective: Pedestrian Travel To enhance and encourage pedestrian travel in Auburn. Policy TR-130: Require developers to incorporate pedestrian facilities into new development and redevelopment in conformance with the Auburn City Code. As part of the Project, sidewalks are required for Road A and frontage improvements are required along the Site’s frontage. Sidewalks will be constructed where sidewalks do not exist today, providing pedestrian access when future sidewalk improvements are installed adjacent to the Site and mirroring the pedestrian access provided through sidewalks on the opposite sides of SE 304th Street and 112th Avenue SE. Agenda Subject: Hazel Heights Preliminary Plat – PLT12-0002 Date: April 1, 2013 Page 9 of 14 Non-Motorized System Objective: Bicycle Travel To improve Auburn’s bicycling network. Policy TR-138: During the development review process, ensure projects are consistent with the Non-Motorized chapter of the Comprehensive Transportation Plan by requiring right-of-way dedications and other improvements as needed to develop the bicycle network. Two 6 ft. bicycle lanes will be provided in the 112th Avenue SE right-of-way, which is designated as a future Class 2 or 3 bicycle route in the Comprehensive Transportation Plan. 4. Conformance of the proposed subdivision to the general purposes of this title, as enumerated in ACC 17.02.030. “The purpose of this title is to regulate the division of land lying within the corporate limits of the city, and to promote the public health, safety and general welfare and prevent or abate public nuisances in accordance with standards established by the state and the city, and to: • Prevent the overcrowding of land; • Promote safe and convenient travel by the public on streets and highways; • Promote the effective use of land; • Provide for adequate light and air; • Facilitate adequate provision for water, sewerage, storm drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements; • Provide for proper ingress and egress; • Provide for the expeditious review and approval of proposed land divisions which comply with this title, the Auburn zoning ordinance, other city plans, policies and land use controls, and Chapter 58.17 RCW ; • Adequately provide for the housing and commercial needs of the citizens of the state and city; • Require uniform monumenting of land divisions and conveyance by accurate legal description; and • Implement the goals, objectives and policies of the Auburn comprehensive plan.” Staff Analysis The proposed Project meets the general purposes of ACC Title 17 Land Adjustments and Divisions. The proposed Project will meet all density and lot dimension requirements, except for minimum average lot area per dwelling unit, for the R5 zone as specified in ACC 18.07 Residential Zones. The Project’s proposed lot dimensions meet the minimum width of 50 ft., minimum lot area per dwelling unit of 6,000 sq. ft., but do not meet the minimum average lot area per dwelling unit of 8,000 sq. ft. for the R5 zone. The minimum average lot area per dwelling unit for the Project is proposed to be 7,195 sq. ft. The applicant has submitted a request for an administrative variance and this has been approved (“Exhibit 8”). The density of the Project remains within the maximum density of 5 dwelling units per net acre allowed for the R5 zone, and the Project remains consistent with general purpose of the city’s subdivision code (ACC 17.02.030) in that it does not overcrowd the Site with development, is an effective use of land, and provides for adequate light and air through the setback and lot coverage requirements of the R5 zoning district. As addressed under Staff Analysis Item No. 1 above, the proposed Project makes adequate provisions for ingress/egress, water, sewer, storm drainage, fire protection, schools, and parks. Agenda Subject: Hazel Heights Preliminary Plat – PLT12-0002 Date: April 1, 2013 Page 10 of 14 Staff Analysis Item No. 2, above, addresses how the project complies with the City of Auburn Comprehensive Plan. The proposed Project will develop 17 single-family residential lots providing housing for citizens of the state and city. As such, the Project is also consistent with subdivision standards of Revised Code of Washington (RCW) 58.17. 5. Conformance of the proposed subdivision to the Auburn zoning ordinance and any other applicable planning or engineering standards and specifications as adopted by the city, or as modified and approved as part of a previously approved PUD. Staff Analysis The proposed Project meets the R5 zoning district development regulations specified in ACC Section 18.07.030, except for minimum average lot area. A comparison of the project to the city standards is as follows Development Standard Standard of the R5 Zone Standard as Proposed by the Project Minimum lot width 50 ft. 50 ft. Minimum lot area per dwelling unit 6,000 sq. ft. 6,444 sq. ft. Minimum average lot area per dwelling unit 8,000 sq. ft. 7,195 sq. ft. ACC 18.70.015 allows for Administrative Variances to be approved consistent with ACC 18.70.015(A)(1)(b). An Administrative Variance (“Exhibit 8”) was approved on December 17, 2012 and revised on March 28, 2013 reducing the minimum average lot area to 7,195 sq. ft. The future single-family residences will be required to meet the minimum setbacks and lot coverage specified for the R5 zone in ACC 18.07.030. The Project meets or is capable of meeting other applicable standards. Improvements to the SE 304th Street and 112th Avenue SE frontages, Road A, storm drainage, sewer, and water facilities are required to meet the City’s Engineering Design and Construction Standards. These facilities are reviewed as part of the Facility Extension (FAC), Grading, Storm, and Building Permit applications to be submitted by the applicant. 6. The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment. Staff Analysis The proposal will not have significant adverse environmental impacts. All potential environmental impacts of the Project are mitigated through applicable regulations and the Conditions of Approval contained herein. 7. Adequate provisions are made so the preliminary plat will prevent or abate public nuisances. Staff Analysis Adequate provisions are made so the proposed Project will prevent or abate public nuisances. The vacant structures on the site will be demolished and the septic system removed. Agenda Subject: Hazel Heights Preliminary Plat – PLT12-0002 Date: April 1, 2013 Page 11 of 14 MODIFICATION OF STANDARDS – ACC 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. The applicant has specifically requested the following modifications of standards be considered as part of the preliminary plat approval (“Exhibit 4” and “Exhibit 9”): • Dedication of right-of-way and construction of right-of-way improvements along the 112th Avenue SE frontage to Residential Collector rather than Minor Arterial standard • Construction of right-of-way improvements along the SE 304th Street frontage to the Residential Collector rather than Minor Arterial standard • Construction of Road A with a horizontal curve radius of 55 ft. rather than the Local Residential standard of 333 ft. • Intersection spacing as proposed on the site plans (“Exhibit 4”) received on March 15, 2013 rather than the spacing required per the City of Auburn Engineering Design Standards Staff Analysis Construction of half-street improvements to the Residential Collector standard is requested to maintain neighborhood continuity and cohesiveness by matching the frontage improvements across from the Site on SE 304th Street. Dedication of 3.5 ft. of right-of-way along the 112th Avenue SE frontage to achieve the City of Auburn Engineering Design Standard for Residential Collectors and construction of half-street improvements to the Residential Collector standard is sought to maintain neighborhood continuity and cohesiveness. 112th Avenue SE was previously designated as a Residential Collector under King County, and other subdivisions along the 112th Avenue SE frontage were constructed to Residential Collector standards. Construction of Road A with a horizontal curve radius of 55 ft. is consistent with King County standards to which neighboring subdivisions were approved. The request is consistent with the character of right-of-way within the vicinity, and literal interpretation of the City of Auburn Engineering Design Standards would deprive the applicant rights commonly enjoyed by other properties in the same zoning district and reasonable use of the site. Review of the Traffic Impact Analysis (TIA), prepared by TraffEx, dated January 24, 2013, which is inclusive of the modifications to SE 304th Street, 112th Avenue SE, Road A, and intersection spacing as proposed on the site plans received on March 15, 2013 (“Exhibit 4”), by the City’s Transportation Division found the request to be acceptable. Modification to the City of Auburn Engineering Design Standards will not be materially detrimental to the surrounding properties. The right-of-way deviation request is also consistent with the Comprehensive Transportation Plan. While dedicated and constructed to Residential Collector rather than Minor Arterial standards, two 6 ft. bicycle lanes will nonetheless be provided in the 112th Avenue SE right-of-way, which is designated as a future Class 2 or 3 bicycle route in the Comprehensive Transportation Plan. It is additionally the goal of the Comprehensive Transportation Plan to preserve neighborhood continuity and cohesiveness, which the request achieves. Lastly, the modification requests are consistent with the purpose of the ACC Title 17 Land Adjustments and Divisions. RECOMMENDATION Based upon the application and accompanying materials and Findings of Fact and Conclusions of the staff report, staff recommends that the Hearing Examiner approve the Preliminary Plat with the following Conditions of Approval: 1. The plat modification related to the minimum average lot area is approved. Per the approved Administrative Variance (File No. MIS12-0008), the minimum average lot area shall be 7,000 sq. ft. Agenda Subject: Hazel Heights Preliminary Plat – PLT12-0002 Date: April 1, 2013 Page 12 of 14 2. The Geotechnical Engineering Report prepared by Dennis Joule, P.E., dated August 7, 2006 (“Exhibit 13”) was prepared nearly 7 years ago and shall be updated. All approvals and permits related to the Project and issued by the City, including permits related to the construction of single-family residences, shall be consistent with the updated Geotechnical Engineering Report. 3. The Site is in Groundwater Protection Zone 4. All approvals and permits related to the Project and issued by the City shall be consistent with best management practices (BMPs) per ACC 16.10.120(E)(2) and the following from the SWMM at minimum: BMP C101 – Preserving Natural Vegetation BMP C102 – Buffer Zone BMP C103 – High Visibility Plastic or Metal Fence BMP C120 – Temporary and Permanent Seeding BMP C153 – Material Storage, Delivery, and Containment BMP C160 – Certified Erosion and Sediment Control Lead 4. A Final Wetland Mitigation Plan consistent with the requirements of ACC 16.10.090, 16.10.110, 16.10.120, and 16.10.130 shall be submitted to the City and approved prior to Final Plat approval. 5. A performance and maintenance security meeting the requirements of ACC 16.10.130(B) for the wetland mitigation site will be required to be in place prior to issuance of permit approvals for ground-disturbing work. The amount of the security shall equal 125% of the cost of construction, maintenance, and monitoring the mitigation project for the length of the monitoring period.. 6. Prior to construction or clearing activities on the Site, the boundary for Tract B (“Exhibit 4”) shall be clearly marked with orange construction fencing or similar, and shown on engineering plans. The fencing shall remain in place until all clearing and construction is completed. 7. The Final Plat shall contain the following notes for Tract B: TRACT B IS A CRITICAL AREA TRACT THAT CONTAINS A CATEGORY IV WETLAND WITH AN ASSOCIATED BUFFER DEDICATION OF CRITICAL AREA TRACT(S) AND BUFFER CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT/CRITICAL AREA AND BUFFER. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING THE CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, AND PROTECTION OF PLANT AND ANIMAL HABITAT. THE CRITICAL AREA TRACT/CRITICAL AREA AND BUFFER IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE CRITICAL AREA TRACT/CRITICAL AREA AND BUFFER THE OBLIGATION ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF AUBURN, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITIN THE CRITICAL AREA TRACT/CRITICAL AREA AND BUFFER. THE VEGETATION WITHIN THE CRITICAL AREA TRACT/CRITICAL AREA TRACT AND BUFFER MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED, OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY, UNLESS OTHERWISE PROVIDED BY LAW. THE COMMON BOUNDARY BETWEEN THE TRACT/CRITICAL AREA AND BUFFER AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY PRIOR TO ANY CLEARING, GRADING, BUILDING Agenda Subject: Hazel Heights Preliminary Plat – PLT12-0002 Date: April 1, 2013 Page 13 of 14 CONSTRUCTION, OR OTHER BUILDING ACTIVITY ON A LOT SUBJECT TO SUBJECT TO THE CRITICAL AREA TRACT/CRITICAL AREA AND BUFFER. NO BUILDING FOUNDATIONS ARE ALLOWED BEYOND THE REQUIRED 5-FOOT BUILDING SETBACK LINE FROM TRACT B ON LOT 4. 8. Prior to Final Plat approval, the Project shall be revised to show that certain proposed lots’ drainage will be conveyed to Tract B as consistent with the conceptual mitigation plan of the Critical Areas Report, prepared by Sewall Wetland Consulting, Inc., dated January 18, 2013. The balance of the Project shall be conveyed to the storm detention and water quality pond located in proposed Tract A. 9. Prior to Final Plat approval, civil plans for the Project shall be revised to show the bench at the 10-year storm elevation in Tract A (“Exhibit 4”) moved up to the fence at the top of the cut slope. 10. A note shall be placed on the Final Plat indicating that the Hazel Heights Homeowners Association and its heirs and successors shall maintain those portions of the Tract A located outside of the proposed retaining walls and fenced pond boundary, as determined by the City Engineer. 11. Prior to City approval of the Facilities Extension Agreement (FAC), the plat construction drawing shall show that Road A shall be posted parking on one side of the street only due to its 28’ road width. The cul-de-sac shall be posted “No Parking” around its entire perimeter. 12. Prior to City approval of the Facilities Extension Agreement (FAC), the plat construction drawing shall show that fire hydrants moved farther north along Road A for better Fire Department operations. Possible placement is at the intersection of Lots 16 and 17. Final fire hydrant locations shall be approved by the Fire Marshal. 13. Prior to City approval of a Demolition Permit, the applicant shall submit information demonstrating that before demolition of any structure, all sewage will be removed from the septic systems, cesspools, and any other cavities where sewage is located per the requirements of the King County Department of Public Health. After sewage removal, the voids shall be filled with sand, gravel, or other approved material. 14. The plat modification related to the construction of right-of-way improvements along the SE 304th Street frontage to the Residential Collector standard rather than Minor Arterial standard is approved subject to revision of the cross section to show 25’ of pavement from the centerline to curb (rather than the 24’ currently shown) and street trees located in the planter strip (rather than the sidewalk). 15. The plat modification related to the dedication of right-of-way and construction of right-of-way improvements along the 112th Avenue SE frontage to the Residential Collector standard rather than Minor Arterial standard is approved subject to the revision of the cross section to show street trees located in the planter strip (rather than the sidewalk). 16. The plat modification related to the construction of Road A with a horizontal curve radius of 55 ft. is approved subject to the revision of the cross section to show 2% cross slopes (rather than 3%) and 5.5’ planter strips per City of Auburn Engineering Design Standards Detail Traffic-32. 17. The plat modification related to Intersection spacing as proposed on the site plans received on March 15, 2013 (“Exhibit 4”) is approved. Agenda Subject: Hazel Heights Preliminary Plat – PLT12-0002 Date: April 1, 2013 Page 14 of 14 18. The existing structures on site shall be demolished prior to any grading work commencing on-site. If it exists, asbestos containing material shall be removed prior to demolition of the on-site structures and disposed in accordance with the requirem ents of the Puget Sound Clean Air Agency, Washington State Department of Labor and Industries, and King County Department of Public Health. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Preliminary Plat Application Materials Exhibit 4 Preliminary Plat Site Plan, dated March 15, 2013 Exhibit 5 Combined Notice of Application, Notice of Public Hearing, and SEPA Determination of Non-Significance, Combined Cancellation of Public Hearing and Revised Notice of Public Hearing, and Affidavits for Publishing, Mailing, and Posting Exhibit 6 Environmental Checklist Exhibit 7 Comment Letters Exhibit 8 Administrative Variance Exhibit 9 Deviation Request Exhibit 10 Preliminary Drainage Report, prepared by Encompass Engineering & Surveying, Revised February 7, 2013 Exhibit 11 Traffic Impact Analysis, prepared by TraffEx, dated January 24, 2013 Exhibit 12 Critical Areas Report, prepared by Sewall Wetland Consulting, Inc., dated January 18, 2013 Exhibit 13 Geotechnical Engineering Report, prepared by Dennis Joule, P.E., dated August 7, 2006 Exhibit 14 School Access Analysis Letter NOTICE OF APPLICATION AND DETERMINATION OF NON-SIGNIFCIANCE – SEP12-0008 (Continued) Page 3 of 3 Project Site CITY OF DBU 1 I'oti ®r B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001 -4998 * www.auburnwa.gov * 253 -931 -3000 NOTICE OF APPLICATION (NOA) NOTICE OF PUBLIC HEARING DETERMINATION OF NON - SIGNIFICANCE (DNS) Hazel Heights — 17 Lot Preliminary Plat Request SEP12 -0008 The City of Auburn is issuing a Notice of Application (NOA), Notice of Public Hearing, and Determination of Non - Significance (DNS) for the following described project. The permit applications and listed studies may be reviewed at the Auburn Planning and Development Department at 1 East Main Street, 2nd Floor, Customer Service Center, Auburn, WA 98001. Proposal: The proposal is to subdivide a 4.31 -acre parcel ( "site ") into 17 lots for the construction of single - family residences. The scope of work includes the removal of the on -site single family residence, appurtenant structures, and septic system, construction of public right -of -way and improvements, stormwater facilities, and utilities, and associated grading activity. There are three (3) Category IV wetlands and one (1) artificially created wetland on -site. The project proposes to fill two 2) Category IV wetlands and one (1) artificially created wetland comprising approximately 0.07 of an acre in total, A conceptual mitigation plan has been submitted specifying buffering, enhancement, and creation of additional wetland for the remaining Category IV wetland, which is approximately 0.03 of an acre in size. Location: The project site is located at 11112 SE 304th Street. King County Assessor's Parcel No. 0521059039. Notice of Application: February 12, 2013 Notice of Completeness: January 09, 2013/April 27, 2012 Permit Application: March 29, 2012 File No. PLT12 -0002 Applicant/ Property Owner: Dennis Johnson Hazel Heights LLC PO Box 560 Alamo, CA 94507 Agent: Tom Redding Encompass Engineering & Surveying 165 NE Juniper Street Issaquah, WA 98027 Studies /Plans Submitted with Application: Traffic Impact Analysis, prepared by TraffEx, dated January 24, 2013 Critical Areas Report, prepared by Sewall Wetland Consulting, Inc., dated January 18, 2013 Site plan, existing feature plan /field topography, neighborhood circulation plan, conceptual utility, grading, and transportation plan, and channelization, signage, landscape plan /Road A profile & pond section, prepared by Encompass Engineering & Surveying, received December 13, 2012. AUBURN MORE THAN YOU IMAGINED NOTICE OF APPLICATION AND DETERMINATION OF NON- SIGNIFCIANCE — SEP12 -0008 (Continued) Preliminary Drainage Report, prepared by Encompass Engineering & Surveying, dated February 17, 2012 Geotechnical Engineering Report, prepared by Dennis Joule, P.E., dated August 7, 200& Other Permits, Plans, and Approvals Needed: Clean Water Act Section 404 Permit (US Army Corps of Engineers) Clean Water Act Section 401 Water Quality Certification, NPDES Construction Stormwater General Permit, Hydraulic Project Approval (DOE) Report of Wastewater Tank Removal (King County) Critical Areas Review, Facilities Extension Agreement, Demolition Permit, Grading Permit, Storm Permit, Final Plat, Building Permits, Water Permit, Sewer Permit (City of Auburn) Statement of Consistency and List of Applicable Development Regulations: This proposal is subject to and shall be consistent with the Auburn City Code, Comprehensive Plan, Design and Construction Standards, Fire Code, and Building Code. Lead Agency: City of Auburn The lead agency for this proposal has determined that it does not have probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. Public Comment Period: This may be our only opportunity to comment on the environmental impact of the proposal. All persons may comment on this application. This DNS is issued under WAC 197 -11- 340(2); the lead agency will not act on this proposal for 15 days from the date issued below. Comments must be in writing and submitted by 5:00pm on February 27, 2013. Any person aggrieved of the City's determination may file an appeal with the Auburn City Clerk within 14 days of the close of the comment period, or by 5:00 p.m. on March 6, 2013. For questions regarding this project, please contact Gary Yao, Planner at qyao(@auburnwa.gov or 253) 288 -4301. Any person wishing to become a party of record, shall include in their comments that they wish to receive notice of and participate in any hearings, if relevant, and request a copy of decisions once made. Public Hearing: A public hearing by the Hearing Examiner will be conducted at City Hall Council Chambers, 25 West Main Street, Auburn, Washington 98001 on March 20, 2013 at 5:30pm. RESPONSIBLE OFFICIAL: Kevin H. Snyder, AICP POSITION/TITLE: Director, Planning and Development Department ADDRESS: 25 West Main Street Auburn, Washington 98001 253) 931 -3090 - / 1 / DATE ISSUED: February 12, 2013 SIGNATURE: Note: This determination does not constitute approval of the proposal. Approval of the proposal can only be made by the legislative or administrative body vested with that authority. The proposal is required to meet all applicable regulations, Page 2 of 3 NOTICE OF APPLICATION AND DETERMINATION OF NON - SIGNIFCIANCE — SEP12 -0008 (Continued) Project Site ii 1.' k` - • teal. j Fri- Page 3 of 3 N V E S CI Fy OF N k-ir B. ki,,,lwis, Mayor WAS I I I t,,l GTO N 26 West Moln SIr(,,,,ot * Ak,ibuni WA 96001 -4,998 4 www,cil.l[)t,,t,llwrA.gov 253-931-30()0 March 7, 2013 Via Certified Mail Mr. Nick Perius 30240 110 °h Place SE Auburn, WA 98092 RE: Hazel Heights Preliminary Subdivision (Pl_T12-0002, SEP12-0008) SEPA DNS Comments (Dated February 26, 2013) Dear Mr, Perius: Thank you for the comments received on February 25, 2013 regarding the above-referenced SEPA Determination of Non-Significance for the above-referenced Hazel Heights preliminary subdivision application. The City's responses to your comments are as follows: 1) The property owner and /had a previous verbal agreement that he was to pay for part of the fence improvement, he did not follow through. Is there any provision for him to split that cost now that he will see the benefit? As the agreement for financial participation in the fence improvement was not a condition of approval for any City permit, there is no provision for the City to enforce. It is a separate negotiation between two private parties that does not involve the City. 2) What is the provision for fencing around the subdivision? Am I allowed to wait and see how it turns out and then decide if I want a fence or not? There is no City requirement for the builder to install fencing on his property, While fencing is often installed around the rear yard areas by the builder of a subdivision, fencing is not required per City regulations. Fencing is sometimes voluntarily installed by the builder and sometimes by the future lot owner. Per Auburn City Code (ACC) 1331.020, fences up to 6, feet in height can be installed along the side and rear property lines and may be installed at any time without the need for a city permit or approval. You may also choose to install a fence on your property along the property line independent of the adjacent development. The entirety of the city code, including fence regulations may be reviewed online at http://www,codepubIish1ng,,. qo/auburn/, 3) The proposed wet land TRACT is to be within 2a' of my property line. If I understand this correctly I will end tip with a wetland buffer on my property? Can it be moved farther onto the site so not to impede on my property? If not what compensation am I allowed? The on-site wetland contained in proposed Tract B ("Wetland C") was delineated as a Category IV wetland in the Critical Areas Report (prepared by Sewall Wetland Consulting, Inc. dated January 18, 2013) submitted with the SEPA Environmental Checklist application to the City. Wetlands are not merely wet areas or areas with standing water; in order to meet the criteria fora "wetland", the area must exhibit measurable changes in soils and vegetation that under normal circumstances take a long time to change and develop. Thus, the wetland likely predates the development proposal. Aujitj ItN SOU' TI IANI Y(.,)LJ IMAUNID Mr. Nick Perius March 7, 2013 Page 2 In accordance with ACC 16.10.090, the City requires 25' to 30' of buffer for Category IV wetlands and requires that these be identified and protected on -site as part of the development proposal. The City requires that these natural features be identified as part of the development proposal and prior to the granting of City approvals. Similarly, the City would require that wetlands and their buffers be identified as part of any development proposal for your property. Similar to critical areas such as steep slopes and floodplain areas, the City cannot require the developer to relocate these natural features. However, the City can ensure that the development proposal does not undertake actions or modifications that result in the buffers encroaching further onto your adjacent property. 4) Is there a construction limit or buffer around the TRACT A? The construction limits for Tract A are the property lines for the Hazel Heights plat. 5) There are to be a couple of yard drains into TRACT B to maintain hydrology. What controls that amount of flow? Looks like a proposed swale? Is it a flow through design? Tract B contains the existing on -site wetland and buffer where stormwater would infiltrate. The amount of flow at any given time into the wetland and buffer would vary based on precipitation received. However, per ACC 16.10.120(B) Performance Standards for Mitigation Planning, the wetland will not exceed a maximum water depth of 6.6 feet (two meters) at mean low water unless as part of a planned interspersion of wetland vegetation classes and deep -water habitats. As part of the subdivision review process, the City will ensure that the required final mitigation plan submitted prior to final plat approval is consistent with the aforementioned performance standard and additionally, the applicable guidelines contained in Appendix E of the City's Surface Water Management Manual SWMM). Any stormwater unable to infiltrate into the ground at Tract B will flow westward into the ditch on the adjacent property, which drains northward per the existing natural drainage pattern. 6) Who is responsible for foliage maintenance on both TRACT A and B? The homeowner's association for Hazel Heights would be responsible for maintaining landscaping and vegetation for Tract B. After construction, Tract A would be publically dedicated to and maintained by the City. 7) TRACT A is an above ground detention pond with connection to storm drains. Where will the outfall be in the event of a malfunction? The outfall will be released on the subject property, near the northwest corner of the subdivision, to the ditch on the adjacent property to the west, and drain northward per the existing natural drainage pattern. On -site discharge is allowed for drainage to the same historical drainage location and across property lines as long as flow is equivalent to what naturally occurs. Mr. Nick Perius March 7, 2093 Page 3 The City determines whether a proposed storm system is consistent with state statutes and its own Surface Water Management Manual (SWMM) by the downstream analysis submitted by the applicant. While not currently included in the Preliminary Drainage Report (prepared by Encompass Engineering & Surveying, dated February 7, 2013), an actual survey of the ditch on your property and other conveyance systems downstream would allow for a more accurate assessment of the capacity of existing systems for conveying stormwater. Cross sections and other details of the ditch partially located on your property would help the City better determine whether supplementary measures are needed to maintain natural flow conditions post - development in addition to the standards specified in the SWMM. 8) What will be done to control smell from TRACT A and B? Any potential smells from the Tract A (the storm pond) would be controlled by the maintenance standards for drainage facilities contained in Appendix D of the City's Surface Water Management Manual. Specifically, all dead vegetation and animals within the storm pond would be removed per the City's inspection schedule. Additionally, Tract B (the wetland and buffer) is subject to the City's public nuisance regulations per ACC Chapter 8.12. Public nuisances are "acts or omissions, places, conditions and things or uses that injure or endanger the safety, health, welfare, comfort or general well being of the general public or the environment" including, but not limited the specific categories contained in ACC 8.92.020. While naturally occurring odors owing to wetland processes would unlikely to be considered a public nuisance, odors such as those caused by illegal dumping and found to be a public nuisance would require abatement by the property owner, in this case the homeowners association. Per ACC 8.12.080, abatement of a public nuisance is required within 3 days of noticing after which the City is authorized to abate the public nuisance and convey whatever costs incurred to the property owner. 9) What will be done to control mosquito infestation and the likes in TRACT A and B? Per the City's Surface Water Management Manual (SWMM) Section 8.2.1.2, aerators are required to be installed in the public pond located in Tract A. Aerators help prevent stagnation in the pond and reduce the likelihood that the pond will become a mosquito breeding area. Again, Tract B (the wetland and buffer) is subject to the City's public nuisance regulations per ACC Chapter 8.12. Public nuisances are "acts or omissions, places, conditions and things or uses that injure or endanger the safety, health, welfare, comfort or general well being of the general public or the environment" including, but not limited the specific categories contained in ACC 8.92.020. The same section specifically provides that "trash, litter, rags, debris, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw, or other packing material, lumber not neatly piled, or other material, which provides harborage for insects, rodents, or other pests" are considered public nuisances. Any mosquito infestation caused by a public nuisance is subject to abatement. Mr. Nick Perius March T, 2013 Page 4 Per ACC 8.12,080, abatement of a public nuisance is required within 3 days of noticing after which the City is authorized to abate the public nuisance and convey whatever costs incurred to the property owner. 10) Privacy screening, tree replacement? 1 have a home that backs up to the proposed subdivision and would like to know how the builder is going to block the view of the houses into my back yard? Again, while fencing is often installed, it is not required for subdivisions per City regulations. The City has found that any environmental impacts as part of proposed tree removal from a third - growth, thinned forest (as identified by the Critical Areas Report prepared by Sewall Wetland Consulting, Inc. and dated January 18, 2013) is sufficiently mitigated by: Replacement street trees consistent with City of Auburn Engineering Design Standards; The conceptual mitigation plan per the Critical Areas Report and to- be- prepared final mitigation plan consistent with ACC Chapter 16.10; and The required setbacks for development in the R5 zone, which includes a minimum rear setback of 20' and maximum height limit of 35'. Please be aware that per environmental review for the plat, no significant impact was found regarding the view from the future homes into your rear yard, The minimum rear setback of 20' and maximum height limit of 35' for the R5 zone accounts for privacy concerns and maintains an optimum living environment for single - family dwellings per the intent of the R5 zone. Unless mitigating an otherwise identified environmental impact, the installation of any fencing or trees in addition to those required by the City for the proposed development is only subject to any legally enforceable agreements between private parties and not enforced by the City. It is a separate negotiation between two private parties that does not involve the City. 11) What surface improvement are there going to be on TRACT C and who will maintain it? Tract C, a public utilities tract paved with an all- weather surface, is owned and maintained by the homeowners association. All public utilities beneath the tract will be maintained by the City per the public easement granted across the tract. Thank you again for the comments you have provided to the City. Please feel free to let me know if you have any other questions at pvao(aauburnwa.gov or (253) 288 -4301. Sincerely: I: Gary Yao; Planner Planning and Development Department GYibh CORR13 -095