HomeMy WebLinkAbout6516 ORDINANCE NO. 6 5 1 6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE FINAL PLAT OF LAKELAND HILLS ESTATES
WHEREAS, the City of Auburn received a final plat application for the Plat
of Lakeland Hills Estates, Application No. PLT14-0002, the final approval of
which is appropriate for City Council Action; and
WHEREAS, based on the review given this Plat by the City, the City
Council hereby makes and enters the following:
FINDINGS OF FACT
1. Dave Sanson of Denova Northwest LLC has made application for the
Final Plat of "Lakeland Hills Estates".
2. The preliminary plat (PLT05-0004) was approved by the City Council on
December 4, 2006 by Resolution No. 4116 as a single phase.
3. The preliminary plat of "Lakeland Hill Estates" has been developed in
accordance with all applicable conditions of the preliminary plat.
4. A Certificate of Improvements has been issued by the City Engineer,
accepting completion of all required plat improvements and accepting
financial security for those improvements that remain to be completed.
5. Tract G is a storm drainage tract proposed to be dedicated to the City of
Auburn for ownership and maintenance purposes, except for the perimeter
landscaping that will be maintained by the homeowner's organization.
CONCLUSIONS OF LAW
1. The Final Plat is in compliance and in conformity with applicable Zoning
and Land Division Ordinances and other applicable land use controls.
2. The Plat is consistent with the Comprehensive Plan.
3. The Plat meets the requirements of Chapter 58.17 RCW.
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Ordinance No. 6516
June 12, 2014
Page 1 of 4
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Approval. Lakeland Hills Estates, a subdivision involving
property located within the City of Auburn, Washington, which plat is legally
described on Sheet 1 of 9 of the Final Plat and set forth in Exhibit "A," attached
hereto and incorporated herein by reference, is hereby approved, and deemed to
conform to the requirements for Plat approval pursuant to State and local law and
Chapter 58.17 of the Revised Code of Washington and Section 58.17.140
thereof.
Section 2. Constitutionality or Invalidity. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being hereby
expressly declared that this Ordinance and each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed, adopted and
approved and ratified irrespective of the fact that any one or more section,
subsection, sentence, clause or phrase be declared invalid or unconstitutional.
Section 3. Recordation. Upon the passage, approval and publication of
this Ordinance as provided by law, the City Clerk of the City of Auburn shall
cause this Ordinance to be recorded in the office of the King County Records,
Elections and Licensing Services Division.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 5. Effective Date. This ordinance shall take effect and be
in force five (5) days from and after its passage, approval and publication, as
provided by law.
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Ordinance No. 6516
June 12, 2014
Page 2 of 2
INTRODUCED: JUL - 7 2014
PASSED: JUL -7 2014
APPROVED: JUL -7 2014
CITY OF AUBURN
NANCY B
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPR D FORM:
Daniel B. Heid,
City Attorney
Published:"-I-- \\- a-,�)1L\
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Ordinance No. 6516
June 12, 2014
Page 3 of 3
EXHIBIT A
PARCEL A:
THAT PORTION OF LOT 2, AS DESCRIBED AND DELINEATED ON CITY OF AUBURN SHORT PLAT NUMBER SP-22-77
REVISION, RECORDED UNDER KING COUNTY RECORDING NUMBER 7905301012, IN KING COUNTY, WASHINGTON, BEING
A PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 21 NORTH, RANGE 5
EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE EAST PROPERTY LINE OF SAID LOT 2 AND THE SOUTHERLY
MARGIN OF ORAVETZ ROAD (KERSEY WAY S.E.); THENCE NORTHWESTERLY ALONG THE SOUTHERLY MARGIN OF SAID
ORAVETZ ROAD (KERSEY WAY S.E.), A DISTANCE OF 99.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 39'1958" WESTERLY ALONG THE SOUTHERLY MARGIN OF ORAVETZ ROAD 513.39 FEET, MORE OR LESS, TO A
POINT OF INTERSECTION OF THE WEST BOUNDARY LINE OF LOT 2 WITH SAID ORAVETZ ROAD; THENCE SOUTH
01'21'03" WEST A DISTANCE OF 579 FEET TO A POINT ON THE SAID WEST BOUNDARY LINE OF LOT 2; THENCE
SOUTH 8838'57" EAST 235 FEET, THENCE NORTH 01'21'03" EAST 86.08 FEET; THENCE NORTH 45'22'31" EAST TO
THE TRUE POINT OF BEGINNING.
PARCEL B:
LOT 2, AS DESCRIBED AND DELINEATED ON CITY OF AUBURN SHORT PLAT NUMBER SP-22-77 REVISION, RECORDED
UNDER KING COUNTY RECORDING NUMBER 7905301012, IN KING COUNTY, WASHINGTON, BEING A PORTION OF THE
EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON;
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE EAST PROPERTY LINE OF SAID LOT 2 AND THE SOUTHERLY
MARGIN OF ORAVETZ ROAD (KERSEY WAY S.E.); THENCE NORTHWESTERLY ALONG THE SOUTHERLY MARGIN OF SAID
ORAVETZ ROAD (KERSEY WAY S.E.), A DISTANCE OF 99.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 39'19'58" WESTERLY ALONG THE SOUTHERLY MARGIN OF ORAVETZ ROAD 513.39 FEET, MORE OR LESS, TO A
POINT OF INTERSECTION OF THE WEST BOUNDARY LINE OF LOT 2 WITH SAID ORAVETZ ROAD; THENCE SOUTH
01'21'03" WEST A DISTANCE OF 579 FEET TO A POINT ON THE SAID WEST BOUNDARY LINE OF LOT 2; THENCE
SOUTH 88'38'57" EAST 235 FEET; THENCE NORTH 01'21'03" EAST 86.08 FEET; THENCE NORTH 4522'31" EAST TO
THE TRUE POINT OF BEGINNING.
PARCEL C:
LOT 1, AUBURN CORRECTION SHORT PLAT NO. SP8-78 RECORDED UNDER KING COUNTY RECORDING NUMBER
7806200355 AND AMENDED BY KING COUNTY RECORDING NUMBER 8003110673, SAID SHORT PLAT BEING A PORTION
OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON;
PARCEL D:
LOT 4, AUBURN CORRECTION SHORT PLAT NO. SP8-78 RECORDED UNDER KING COUNTY RECORDING NUMBER
7806200355 AND AMENDED BY KING COUNTY RECORDING NUMBER 8003110673, SAID SHORT PLAT BEING A PORTION
OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON.
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Ordinance No. 6516
June 12, 2014
Page 4 of 4
EXHIBIT �
BEFORE THE HEARING EXAMINER
FOR THE GITY OF AUBURN
In the Matter of the Application of ) NO. PLTOS-0004
)
)
LAKELANA HILLS ESTATES,LLC ) FINDINGS, CONCLUSIONS
) AND RECOMMENDATION
)
)
For Aoproval of a Pre(iminarv Plat 1 LAKEtiAND HILLS ESTATES
SUMMARY OF RECOMMENDATION
The Hearing Examiner for the City of Aubum recommends to the Auburn City Council
thaf the Lakeland Hills Estates preliminary plat be APPROVED, subject to conditiogs.
SUNIMARY OF RECORD
Request:
Lakeland Hills Estates, LLC requests approval of a preliminary plat applicaaon to
subdivide four parcels of land, 22.97 acres in total area, into 701ots for single-family
residential development, a storm drainage tract and a wetland tract. The subject property
is located in Aubum, Washington on the west side of Ketsey Way SE.
Hearine Date:
The Hearing Examiner for ihe City of Auburn held an open record hearing on the request
on November 7, 2006.
Testimonv:
The following individuals presented testimony under oath at the open record 6earing:
Steve Pilcher
Dan Repp .
Joe VJelsh
Lou Larsen
Scott Finch, for the Applicant
Mazk Hancock, for Segale Properties
Exhibits:
The following exhibits were admitted into the record:
1: StaffReport
2. Vicinity Map
3. Completed Preliminary Plat Application Form
4. Preliminary Plat Map, Pacific Engineering,dated September 28, 2006
Findirigr, Conclusions, and Ruommendalion
Hearing Fsamrner jor rhe Ciry ofAuburn
Lake(and Hi(!s Esmles Preliminary Pla1 PLTOS-0004
Page I of 15
ORD.D Page 134 of 196 .
. 5. Lakeland Hills Conceptual Mitigation Plan, Sewall Wedand Consulting, Inc.,
received October 9, 2006
6. Novice of Application
7. Notice of Public Hearing
8. Affidavit of Posting
9. Affidavit of Mailing
10. Confirmation of Pnblication of Legal Notice
11. SEPA Determination, SEPOS-0039
12. Final Staff Evaluation foc Environmental Checklist SEPOS-0039, dated August 17,
2006
13. Environmental Checklist for Lakeland Hill Estates Residential Subdivision,dated
November 30, 2005
14. Slope Stability and Setback Recommendations report prepazed by Geotech
Consultants, Inc.,dated November 10, 2005
, I5. Lakeland HIll Estates Prel'uninary Drainage.Report, Pacific Engineering Design,
LLC, dated November 11, 2005
16. Lakeland Hill Estates Transportation Impact Analysis, TSI, Inc.,dated November
2005
17. Finch—Lakeland Hills Wetland and Stream Analysis Report and Concept Mitigation,
B-12 Wedand Consulting, Inc., dated November ]0,2005
18. Letter from Stephenie Kramer, Washington State Department of Archaeology&
Historic Preservation to David Osaki, Interim D'uector, City of Auburn, dated
September 5, 2006
19. Letter to Stephenie Kramer from Steve Pilcher, City of Aubum,dated September 12,
2006
20. Letter from Amber Santiago, Puyallup Tribe of Indians, to David Osaki,Interim
Director, City of Aubum, dated September 8, 2006
21. Letter to Amber Santiago &om Steve Pilcher, City of Aabum, September 19, 2006 _
22. E-mail from Karen Walter, Muckleshoot Indian Tribe Fisheries Division,dated
September 5, 2006,with attached E-mail response from Steve Pilcher, Ciry of Aubum
23. Letter from Mazk Hancock, Segale Properties,to Ci.ty of Aubum, dated August 30,
2006
24. Letter from Scott Finch, Lakeland Hill Estates,to Steve Pilcher, City of Aubum, re:
sewer issues, dated October 2, 2006
25. Letter from Lou Larsen, Pacific Engineering Design, LLC,to Steve Pilcher, City of
Aubum, re: revised civil plans(dated 9/28/06),TSI addendum memorandum(dated �
6/28/06), and Concept Mitigation plan(dated 10/02/06),dated October 3,2006
26. Letter from Aazon Will, Sewall Wetland Consulting,Inc.;to Scott Finch,
Dreamworks Construction, re: Lakeland Hills Concept Mitigadon, dated October
3,2006 �
27. Letter from Richazd Hutchinson, TSI, Inc., to Joe Welsh,City of Aubum, re:
Lakeland Hills Estates TrafTic Impact Analysis Supplement,dated June 28, 2006
Findings, Conclusions, and Recommendafron
Xearing Examiner jor Ihe Crry ofAuburn
Lakeland Hills Estafu Prelrminary P!a!PG7U5-0004
Page 1 oj25
ORD.D Page 135 of 196
28. Letter from Lou Larsen, Pacific Engineering Desi�, LLC,to Steve Pilcher, City of
Aubum, re: request for modificadon to intersection spacing between Kersey III and
interior plat Road A, dated August 8, 2006
29. Letter from Lou Larsen, Pacific Engineering Design, LLC,to Steve Pilcher,City of
Aubum, re: request to reduce lot widths,dated June 28,2006
30. Letter from Lou Lazsen, Pacific Engineering Design, LLC, to Steve Pilcher, City of
Auburn, re: request for modification for two horiwntal curves to interior piat roads,
dated June 28,2006
31. Letter from Lou Larsen, Pacific Engineering Design, LLC, to Steve Pilcher, City of
Aubum, re: request for modification for interior plat road grades, dated October 30,
2006
32. Letter from Lou Lazsen, Pacific Engineering Design, LLC to Steve Pilcher,City of
Aubum, re: request for modification to City of Aubum plat standards, for singular
access to the upper portion of the proposed Lakeland Bills Estates sabdivision, dated
No4ember 2;2006
33. Letter from Lou Larsen, Pacific Engineering Design, LLC, to Steve Pilcher, City of
Aubum, re: request for modification to City of Aubum plat standards, for a boulevard
entrance to the lower portion of the pmposed subdivision from Kersey Way, dated
November 2,2006
34. Letter from Lou Larsen, Pacific Engineering Design, LLC,to Steve Pilcher, City of
Aubum, re: proposed storm ponds around the proposed sewer lift station, with
attached proposed sewer locaUon exhibit,dated November 2, 2006
35. Revised Proposed Conditions of Approval for Lakeland Hills Estates, dated
November 7, 2006
36. Aerial photograph of the proposed subdivision site, labeled with proposed plat
location and nearby gravel mine location
The Hearing Examinei enters the following Findings and Conclusions based upon the
testimony and exhibits admitted at the open record hearing:
FINDINGS
I. Lake(and Hills Estates, LLC (the Applicant)requested approval of a preliminary plat
to subdivide four parcels of land, 22..97 total acres (1,000,696 square feet), into 70
single-family residential lots,a storm drainage tract(62,954 square feet.),and a
wetland/open space tract(131,997 sqdare feet).� The pazcels aze located on the west •
side of Kersey Way SE in Aubum, Washington, in King County. Exhibit 3; Exhibit "
4; Ezhibit 16.
2. The City of Aubum (City) deemed the application for subdivision and plat
modification approval complete on August 15,2006. Fxhibit 6.
�'Ihe parcels are identified by the following King County Parcel Numbers: 3221059009(Parcel A),
3221059059(Parcel B),3221D59043 (Parcel C),3221059020(Parcel D). Exhibr�3. 'Che legal descriptions
of Parcels A, B,C,and D may be found on the Lakeland Hills Estaks preliminary plat map,daud
September 28,20b6. Exhibi!4.
Frndrngs, Conclurlons, and Recommendation
Hearing F.zaminer jor the City of Aaburn
Lakeland Hills Fsmles Preliminary Pla1 PL7Y15-0004
Page 3 oJ'25
ORD.D Page 136 of 196
3. The City gave notice of the preliminary plat application and plat modification
requests on August 14, 2006. The Ciry published notice of the IVovember 7,2006
public hearing on the application and the requests on October 27, 2006,by posting
notice of the hearing at the proposed subdiyision site, by publishing notice in the King
County Journal, and by mailing notice of the hearing to owners of property within
300 feet of the proposed subclivision site. Aubum City Code (ACC) 17.06.03U
requires the City give notice of a pu6lic hearing on a complete application,and
publish notice not less than 10 days prior to the hearing in a newspaper of general
circuJation within the county where the real property proposed for subdivision is
located. ACC 17.06.030; Exhibit 6; Exhibit 7; Exhibit 8; Exhibrt 9; Exhibit 10.
4. The City of Auburn analyzed the environmental impacts of the subdivision proposal,
as required by the State Enyimnmental Policy Act(SEPA). The City determined that
the pmposal would not have a probable signi6cant adverse impact on the
environment, and issued a Determination of Nonsignificance (DNS) on October 10,
2006. No DNS appeals were filed by the close of the appeal period, October 24,
2006. Exhibrt 11.
5. The Washington State Department of Archaeology& Historic Preservarion
(Department) reported that a recorded azchaeological site,the Williams Fartnstead
Site (45K[549), is located on ot adjacent to the proposed subdivision site. The
Department requested performance of a professional archaeological survey of the
proposed subdivision site, prior to ground disturbing activities on the site. The City
of Aubum noted that a December 8, 2004 Archaeo(ogical Resources.and Traditiona!
Cultural Places Assessment prepazed by Lazson Anthropological ArcHaeological
Services Limited (LAAS)concluded the Williams Farmstead Site was"pmbabty not
significanP'.Z Given the results of the Assessnrent, City staffrecommended that a
condition of preliminary plat applicadon approval for the Lakeland Hills Estates
Subdivision be monitoring of site disturbing activities on the proposed subdivision
site to determine the presence, if any,of archaeological resoarces on the proposed
subdivision site. At the public hearing on the subdivision application,Mr. Scott
Finch, representing the Applicant, requested that subdivision approval be conditioned
on this monitoring. Exh7bit 18; Testrmony ofMr. Fiirch.
2 Thb City noted t(iat tFie contractor prepared the Assessmem a5 part of Environmental Impact Slatement
(E[S)prepareuon for the Kersey Ill developmant, Ioceted dveatly wuth of the p�oposed Lakeland Hills
Estates subdivision. 'Ihe Ciry of Aubum issued the fmal EIS(FEIS)_in Febnfary 2005. LAAS also
concluded that most of the Ketsey Ill development area had"low probabiliry for significant hwter-fisher-
gatherer,ethnographic period,aod historic lndien arc6aeological resources because ofthe projecYs steep
gradient and a lack of a constant water source:.."The FEIS for the Kersey 111 project cbncluded that site
disnubing acGvifies should be monitored to detertnine the presence of archaeological.resources. Ciry staff
noted that similar to the Kersey dI development,the proposed Lakeland Hills estates subdiyision siJe has e
steep gradient and no constent water source. Exhrbit l9.
Findings, Conclusions, and Recommendafion
Hearrng Examiner jor the Ciry of Auburn
Lakeland Hi!/s Esta�es Prelrmrnary Plat PL1Y15-0004
Page 4 oj15
ORD.D Page 137 of.196
6. The proposed subdivision site is located on the west side of Kersey Way SE, a Minor
� Arterial s�eet, at 49�' StrBet SE. The proposed subdivision would extend south along
the west side of Kersey Way SE;to a proposed road, Evergreen Way SE:3 Evergreen
Way would extend to the east of the proposed subdivision, extending through the
Kersey III Division 1 development,wrrently under construcuon. The Kersey III
Division 1 development would border the proposed Lakeland Hills Estates
subdivision, sharing a common boundary on the eastem edge of the proposed
subdivision. Exhibil I, StaffReport,page 3; Exhibit 2; Exhibit 4.
7. The proposed subdivision site is located within the City's Rl Single Family
Residenual zoning district. The Rl district provides for the development of single-
family detached dwellings, not more t}ian one such dwelling on each lot, and for snch
accessory uses as aze related, incidental and not detrimental to the residential
environment. ACC 18.12.010. Two single-family residences currently exist on a
portion of the proposed subdivision site. Both residences would be removed from the
site as part of proposed subdivision const�vcrion. The remainder of the proposed
subdivision site is currently vacant, forested land. Fachibit 1, StafJ''Report, pages 1, 2,
and 3.
8. The minimiun lot siae in the Rl zoning district is 8000 sq. ft., and the minimum lot
width is 75 ft. ACC 18.12.040(A), ACC 18.1 Z.040(B). But a mazimum of 20 percent
of the lots within a plat of 50 lots or more may reduce the lot width to 60 feet. ACC
18.12.040(B)(1). Tlvs reduction shall only be approved simultaneously with a
preliminary plat. This provision may only be ased when it is necessary to
accommodate a proper lot or street layout dne to physical consiraints of the
subdivision. ACC 18.12.040(B)(I). City staff interprets this provision to allow any
lot width between 60 and 80 feet, The ApplicanYs proposed subdivision includes 7
of 70 lots with reduced lot widths: three lots at 60 feet wide, and four lots at
approximately 64 feet wide. The Applicant reqnested a modification from City
standards to allow for the 7 lots with reduced lot widths. Aside from the planned
detenfion tract and wetlapd/open space hact, 805,745 sq. ft. would be aya'tlable within
the proposed subdivision site for lot and subdivision internal road development. The
Applicant proposed a developrcient density of 3.1 dwelling units per acre. ACC
18.12.040(A); ACC 18.12.040(B);Exhibrt 1, StaJj'Report, page 7; Ezhlbit 4; Eihiliit
29.
9. T'he proposed subdivision site is designated Single Family Residenfial by the City's
Comprehensive Plan. City staff noted that Gomprehensive Plan Policy LU-25 is
relevant to the proposed subdivision. Policy LU-25 of the Comprehensive Plan calls
for the careful planning of azeas abutting major arterials, so that potential conflict
between arterial development and single family uses can be avoided. Policy LU-25
notes that single family uses in such areas should be platted in a manner which orients
'Evergreen Way SE will be conswcted as a Collector Arterial. Eihibrt l,StaJJRepart,page 3.
Findings, Conclusrons, and Recommendation
Hearing Esamrner jor[he City ojAuburn
Lakeland Hi!(s Esrates Preliminary Plal PLTOS-0004
Page 5 oj15
ORD.D Page 138 of 196
the units away from the arterial,though"non-motorized access between the
residential area and the arterial should be provided." Exhibit 1, StaJj'Report, pages 2
and 7; City Comprehensive Plan, Land Use Element,page 3-I6(last revised
December 2005).
10. The general goals of the City's Comprehensive Plan are: to manage growth to
enhance community quality and values by actively coordinating land use type and
intensity with City facility and service provision and dev8lopment; to provide
predictability in land use regulation but flexibility for development through
performance standazds to protect and enhance natural resources and critical lands; to
promote coordinated regional growth; and to maintain and enhance Aubum's
chazacter as a family community while providing needed services and opportunities
for a wide array of housing types and sizes. City Comprehensrve Plan, General
Goals 1-4 (last revised December 2005).
I 1. Area surrodnding the proposed subdivision site, in all directions, is part of the City's
Rl Single Family Residential zoning district, and is designated Single Family
Residential under the Ciry's Comprehensive Plan. Land to the.north and west of the
proposed subdivision site is cu�rently vacant,forested land. Land to the south of the
site is vacant land that is part of the Kersey III development project, currently under
development. Land to the east of the site, across Kersey Way SE, is the site of an
operating 664-acre gravel mine. Asphalt and concrete manufacturing facilities are
also located on the mine site. The mine will likely operate for the next 25 years.
Farhibit I, StaffReport,page 2; Exhibit 13.
12. The proposed subdivision site consists of land tliat slopes steeply uphill, from the
north to the south, overlooking the gravel mine site to lhe northeast and east across
Kersey Way SE. The proposed subdivision site also consists of land that slopes
uphill, from the west and northwest, to the east and sontheast. The point lowest in
elevation is located in the northwest comer of the site, at approximately 230 feet of
elevation. The proposed subdivision site's slopes are generally at a 15-20 percent
giade, thongh the steepest slope in the northwest section of the site approaches a 35-
40 percent grade. No slopes over 40 percent are fodnd on the proposed subdivision
site. Exhibil 1, S(aff Report,pages 3 and 8; Exhibit 4; Erhibit I5,- Exh"ibit 23.
13. A wetland/stream complex is located in the westem and southwestern portion of the
proposed subdivision site. The ApplicauYs wetland consultant delineated one stream,
Stream A, and two wetlands;Wetland A and Wetland B, on the proposed subdivision
site, as of November ]0, 2005. The consultant determined that Stream A is a Class 3
streazn, pursuant to ACC Section 16.10.080(D). The stream is approximately two to
four feet wide, 0.5 to 10 inches deep. The stream flows from the western portion of
the proposed subdivision site, angling to the northwest. Wetland A is a slope wetland
with scrub-shrub vegetation located along portions of Stream A near the western site
boundary. Wetland B is a slope wetland with scrub-shrub vegetation located in the
Frndings, Conclurrons, and Recommendaeron
Hearing Examiner jor rhe City ojAuburn
Lake(and Hills Eslatu Prelrminary Pla!PL7i75-0004
Page 6 of 25
ORD.D Page 139 of 196
southwest comer of the site. The consultant determined that both WeUand A and
� Wetland B qbalify as a Category 4 wetland,pursuant to ACC Section 16.10.080. -
Exhrbit 4; Exhibit 17.
l4. City critical areas ordinances generally require a minimum 25 foot wide buffer
around Category 4 wedands,and a muumum 25 foot wide buffer around Class 3
streams. ACC 16.10.090(E)(1);ACC 16.10.090(E)(2).
1S. Following the consu(tant determination, Karen Walters, Muckleshoot Indian Tribe
Fisheries Division Watersheds and Land Use Team Leader, raised a concem
regarding the impacts of proposed subdivision construction on the ott-site stream. An
October 3, 2006 letter to Scott Finch, Dteamworks Construc6on, from Sewall
Wetland Consulting,Inc.,mentioned Walters's concem and noted the classification
of the on-site stream was unclear, in contrest to the consultant delineation. The letter
noted that the proposed subdivision application was modified to comply with the 75-
foot buffer associated with a Class 2 stream. The modification is reflected in the
ApplicanYs October 2006 Conceptual Mitigation Plan Map. Exhibit 1, SYaJjRepor[,
page 9; Exhibit S; Fxhibi�22; Exhibit 26.
16. 7'he Applicant would fill a portion of Wetland B,approzimately 3,154 sq. ft.,and
would mitigate for the wetland loss as required by ACC Chapter 16.10. The fill
would result from alignment of an access road for the Kersey III development to the
south of the proposed subdivision. The alignmenl is proposed as part of the Lakeland
Hills Estates subdivision application. The Applicant would impact 2,745 sq. ft. of
stream buffer to ensure proposed subdivision Lots 53-56 meet the 8,000 sq. ft.
minimum lot size requirement for the Rl zoning district. The Applicant would also
impact I 1,181 sq. ft. of stream buffer to allow for construction of the subdivision's
stormwater detention facility. The Applicant wodld tiiitigate the wefland impact
through enhancement of 8,016 sq. ft. of Wetland A. Planned enhancement would
occur through native tree and shrub plantings. The Applicant would mitigate the
buffer impact through enhancement of 8;396 sq. ft. of buffer, including removal of
non-nativ8 material and planting with native Vee and shrub species. A split-rail fence
would be placed on the western border of Lots 53-56 to sepazate the lots from the
stream buffer. The City's Environmental Protection manager reviewed the
conceptual mitigation plan presented by the Applicant, and determined the plan was
acceptable. A proposed condition of preliminary plat application approval would
require the Applicant to submit a final mitigation plan and monitoring schedule that
complies with the City's Critical Areas Ordinance prior to the start of construction.
Exhibit 1, StaJj'Report,pages 3 and 12;Exhibi�S; Fxhibit 17.
17. Pursuant to ACC Section 16.10.120 and 16.10.110, Category 4 scrub/shrub wetland
enhancement must occur in a 2.5:( ratio; for 2.5 acres of weUand enhanced for every
one acre of wetland impacted. ACC 16.10./l0, ACC 16.10.11 D. The Applicant
would enhance 8,016 sq. ft. of Wetland A for 3,154 sq. ft of impact to Wetland B, a
Findings, Conc(usionr, and Recommendatron
He�ing Ezaminer jor!he City ojAuburn � '
Lakeland Nrlls Eslates Prelrminary Plal PL7Y1S-0004
Page �of zs .
ORD.D Page 140 of 196
ratio of 2.54:1. S�eam buffer widths may be reduced by the City on a case-by-case
basis by up to 35 percent if an applicant demonstrates that a reduction will not result
in any adverse impact to the stream. Further, if an existing buffer is vegetaled, a
buffer enhancement plan may be required to demonstrate how the function and values
of ttie buffer and stream will be improved. ACC 16.10.090(Z)(e)..
18. Aside from impacted areas,the Applicant would protect the wetland/stream complex
within a 131,997 sq. ft. open space tract,located in the westem portion of the
proposed subdivision site. The tract would be set off from adjoining proposed
subdivision lots by sensitive azea signs and split-rail fencing. Exhibir 1, StafJ''Report,
page 3; Exhibit 4; Exhibit S.
19. The owner of the gravel mine neighboring the pmposed subdivision, Segale
Properties, raised a concem abont stormwater draining from the proposed subdivision
site. Construction of the proposed subdivision would result in increased stormwater
runoff from the proposed subdivision site, and decreased qualiry of the stormwater
leaving the site, as on-site grading occurs. Stormwater would be collected on-site
through roof drains and sanitary sewers, and directed to a stormwater detention pond,
to be constructed in the northwest comer of the proposed subdivision site. The pond
would be contained within a 62, 954 sq. ft. detention tract. The detention tract would
be adjacent to the proposed open space tract containing the wetland/stream complex.
Exhrbit 1, StafJ'Report,page 5; Exhibit 4; Exhibit 23.
20. Segale Properties also raised a concem that future owners of property within the
proposed subdivision be notified of the Proximity of their property to an active
mining operation,and of the stricture of RCW Section 36.70A.060, which ensures,
among otherlhings, that the use of land adjacent to minecal resource lands skiall not
interfere with the continued,customary use of the land for mineral e�ctraction. Segale
Properties proposed a condiNon of preliminary plat application approval that ihe deed
for each individual lot within the proposed subdivision. In addition, RCW 3ection
36.70A.060 requires tliat the final subdivision plat and btilding permits within 500
feet of mineral resources lands contain notice to subdivision home buyers of neazby
mining operations. Exhrbi� 1, StaJjrReport,page 6; Exhibit 23; Tes(imony ofMr.
Hancock; Testimony ojMr. Welsh.
21. Vehicles may access the gravel mine site via Kersey Way SE. Kersey Way SE would
also provide access to the proposed subdivision. The street has one lane in each
direction for its entire length, with a posted speed limit of 35 MPH, gravel shoulders,
curbs, gutters and sidewalks. T6e ApplicanYs t�aRic consultant observed speeds
considerably higher than 35 MPH on the street. City staff characterized Kersey Way
SE as a high speed arterial. The City would require dedicated lanes for turns and
merging and advance waming signs on Kersey Way SE, to prevent reaz end collisions
and to provide sufficient merging opportunities. The City would also require
Frndrngs, Conclusions, and Recommendarion
Hearrng Ezamrner jor!he Ciry ojAuburn
Lakeland Hi!(s Esta�es Preliminary Plar PL7175-0004
Pdge 8 of 25
ORD.D Page 141 nf 196
. vegetation removal to maintain sight distance along the street. Exhibit 1, Sta,Jj'Report,
pages 3 and 4; Exhibit 36; Testimony of Mr. Welsh.
22. The proposed subdivision will add right-tum entering traffic and left-turn entering
and exiting traffic tb Kersey Way SE. The ApplicanYs traffic consultant estimated
that the proposed subdivision would generate 641 net new traffic irips in and out of
the subdivision, including 50 net new weekday AM peak hour trips, and 68 net new
weekday PM peak hour trips. 45%of those net new trips will travel outbound from
the proposed subdivision on Kersey Way SE,and 54% of those net new trips will
travel inbound to the subdivision on Kersey Way SE. The ApplicanYs traffic
consultant reported that all available sight distances would exceed the minimum
standazds for design speed of 50 MPH, including the stopping sight distances for
northbound tr�c on Kersey Way NE approaching the proposed subdivision access
point. The Applicant proposed placement of the access point so that this sight
distance would be 535 feet,which exceeds the 510 feet estimated by the Applicant's
traffic consultant. Exhibit 1, Stafj'Report,page 4; Exhlbit 4; E.rhibit 16; Fxlirbit 27.
23. The Applicant would improve Kersey Way SE to provide safe access into and exiting
the proposed subdivision, and would widen the roadway consistent with City road
standards establishe.d for the site. The improvements would include: a right-of-way
dedication from the proposed subdivision site;construction of a 10-foot wide
sidewalk/trail along the west side of Kersey Way SE; landscaping along the west side
of Kersey Way SE; curb and gutter; installation of a northbound left turn lane for
entry into the proposed subdivision, and construotion of a southbound deceleration
and right-tum lane, into the proposed subdivision. The sidewalk/trail would provide
pedestrian access to the proposed subdivision: Similaz non-motorized improvements
aze planned for the Kersey III Division 1 development to the south of the proposed
subdivision. Proposed c.onditions of preliminary plat applioadon approval would
require the construc6on of Kersey Way SE and subdivision intemal roads in
compliance with City standazds. Exhibit 1, Stajj'Report,pages 4, 10, 12; Fxhibit 4;
Exhibit 16.
24. Following improvements to Kersey Way SE,the R Street SE/Kersey Way SE arterial
corridor and the Evergreen Way SE(Lakeland Hills Way SE to Kersey Way SE)
corridor would provide a level of service4 above the City's minimum Ievel of service
tiveshold, in both direcuons, tivough 2008. The Growth Management Act, Chapter
36.70A RCW, requires that all jurisdictions within the state enswe that transportation
facilities have enough capacity to meet current and future traffic demand, or"traff c
concuaency". The City measures concurrendy in terias of arterial level of service.
Exhihit 16.
°Le4e1 of Service(LOS)is a road intersection crireria ranging Gom LOS A(little/no delay 510 seconds)to
LOS D(very long delays S 50 seconds for un-signaled intersections and<_80 seconds for signaled
intersections)with LOS F si�ifyingjammed conditions on all approached with excessively long delays
and vehicles unable to move at times.
Findrngs, Conc(risions, and Recommendation
Hearing Examiner jor rhe Ciry oJAuburn
Lakelqnd Hi!!s Eslales Prelimrnary Plat PLTOS-0004
Page 9 oj25
ORD.D Page 142 of 196
25. The Applicant proposed development of the proposed subdivision in two sections,
due to steep slopes on the proposed subdivision site and the dil�culty of constructing
a north-south road grade in compliance with City regulati,ons. Lou 1-19 in the
southem, upper portion of the proposed subdivision would be developed sepazatety
&om Lots 20-70 in the northem, lower portion of the proposed subdivision. Lots 1-
19 abut tlie Kersey III development,which lies to 1he east of the lots. Exhibit 1, StafJ'.
Report,page 3; Exhrbit 4; Exhibrt 31.
26. The southem portioa of the proposed subdiVision would be accessed from two public
streets within the Kersey III Division 1 preliminary plat,previously approved by the
City. These two public streets would be pazallel to the proposed Evergreen Way,
located direcUy to the south of proposed subdivision Lou 1-5. Lots 1-19 cannot be
directly accessed from the proposed Evergreen Way due to the on-site slopes, which
create an elevation difference betiveen the lots and the proposed Evergreen Way.
According to the Hearing Examiner's decision approving the Kersey III Division 1
preliminazy plat, Evergreen Way would be extended east to meet Kersey Way SE.S A
proposed condition of preliminary plat application approval would require exteasion
of proposed subdivision intemal streeu to meet Kersey III Division.l internal streets,
in the southem portion of the proposed subdivision. Exhrbit l, StafjRepor�,pages 3
and 10; Exhibit 4.
27. The northem portion of the proposed subdivision lots would be accessed from Kersey
Way SE by a public road, Road E, from which a north-south road through the
subdivision would branch, Road A. Road E extends southwest past the intersection
with Road A, where it becomes Road F. Road F will terminate in a temporary oul-de-
sac where the proposed subdivision site abuts the property to the south. Because the
property to the south is under the same o�vnerslup as the proposed subdivision site,
Road F will eventually extend south, through the southem property,to the proposed
Evergreen Way,providing another point of access to the proposed subdivision.
Exhibi► 1, StafjReporr, page 4; Exhibit 4.
28. Developing the proposed subdivision in hvo sections would require the installation of
a tall retaining wall between the two azeas, located along the lot lines of Lots 16-19,
20-22, and 38. The retaining wall would snpport the grade differential between the
two portions of the proposed subdivision site,but the wall would�prevent vehicle and
pedestrian passage between the two portions of the site. The Applicant has proposed
a ]0-foot retaining wall maintenance easement along the lot lines of Lots 16-19, 20-
22, and 38. A retaining wall would also lie along the mazgin of Lots 23, 24,29,and
30. Exhibit 1, SlafJ'Repor�,page 4; Exliibit 4.
5 See Finding 16 of Findings,Conclusions,and Recommendation,Hearings Examiner for[he Ciry of
Aubum,Kersey III Rezone/PUD/Preliminary Plat,No. PLT'OS-0001,PLTOS-0002, issued September 2005.
Eindrngs, Conclusrons, and Recommexdarion
Hearing Fxaminer jor[he Crry ojAubwn
Lakeland Hi!!s Estares Prelimrnary Pla�PLTOS-0004
Page l0 of 15
ORD.D Page 143 of 196
29. The Applicant also requested approval of four modi6cations of standazds set by
Chapter 17.12 ACC, Subdivision Improvements. The Applicant made the following
reqnests:
a. Reduction in the required intersection spacing between Kersey Way SE and
plat Road A(Modification A);
b. Reduction in lot width for proposed Lots 48, 54, 55, 56, 60, and 61
(ModiScation B);
c. Reduction in the horizontal centerline radius for Road F near Lot 59 and Road
A neaz Lot 68 (ModiScation C);
d. Allowance to exceed the standazd maximum road grade of 6%to allow grades
up to 7.5%for Roads A, B, C, F,and cul-de-sacs A and B (Modification D);
e. Approval of the boulevard desigi of the site entrance(ModificaHon E);
f. Approval to allow Lots 1 through 19 without a secondary emergency access
when 23 residential units aze exceeded and are being served by the single road
connection(Modification F).
The City's Transportation Planner, Joe Welsh,testified that all modifications would
be necessary, and thus, would have to be approved by the City Council, to permit
wnnection between lots via an intemal road network. Mr. Lou Lazsen, ApplicanPs
e�ginee�,testiSed that the preliminary plat layout depended on approval of all
modification requests. Mr. Welsh testified thaz the requested modifioations aze
acceptable to the City Engineering Departrnent,and necessary to accomplish
appropriate road engineering within ihe proposed subdivision. Exhibit 28; Exhibr� .
29; Exhlbrt 30; Fxhi6i131; Exhibit 32; Exhibit 33; Testimony of Mr. Welsh;
Testimorry of Mr. Larsen.
30. The Applicant requested Modi&cation A after the City determined that the
Applicant's initial proposal to connect Kersey Way SE with the Kersey III
development's road infrastructure, via a road through the proposed subdivision,
would call for an unacceptable road grade. Following the City's determination, the
Applicant redesigned the proposed subdivision road layout to remove the connection
t}uough the proposed subdivision, and provide entry to the 55 lots in the northem
section of the proposed subdivision via Public Road E and Public Road A. The
Applicant stated a landscaped boulevazd connecHon would be required to provide
dual access to Kersey Way for the 55 lots. The Applicant proposed a reduced '
intersection spacing of 185 R betweea Road E/Road A and Kersey,Way SE, to allow
for a road layout in which all lots could access Road A directly. The Applicant
reported that lots are not allowed to access directly onto a boulevard, and that denial
of the modification would result in access tracts being used to access lots between
Road A and Kersey Way SE,reducing the number of possible lots. Exhibit l8.
31. The Appiicant requested Modification B to provide for width modifications on lots
48, 54, 55, 56. 60, and 61. The Applicant noted the lesser widths were necessazy to
Findings, Conclusrons, and Recommendalion
He�ing Ezamrner jor rhe Crty ojAuburn '
Gakeland Hi!!s Esrates Pre(rmrnary Plat PLTOS-0004
Page 1! oJ1S
ORD.D Page 144 of 196 .
accommodate ihe road connection points with the Kersey III development and the
� wetland and stream buffer on the property. The Applicant stated that denial of the
modification would result in the loss of at leazt three lots,and the Kersey III
development to the east of the proposed subdivision would have lou smaller than any
lot in the proposed subdivision. Exhib7129.
32. The Applicant requested Modification C to accommodate the road connection points
with the Kersey III development and Kersey Way SE. The Applicant stated the width
of the proposed subdivision would not be great enough to accommodate a 375-foot
road curve radius, without eliminating many lots from the proposed subdivision. The
two curves proposed by;he Applicant would have 100-foot and I50-foot radii. The
Applicant pmposed a four-way intersection neaz the rivo curves controlled by two-
way stop signs. The Applicant noted that the Kersey III development and the
Lakeland Hills development north of the proposed subdivision would have horiiontal
curves below a 375-foot radius: Exhibit 30.
33. The Applicant proposed Modification D to minimize the height of the vertical cut that
would be made to cut the plat in two sections, cutting off vehicle and pedestrian
access. The Applicant noted that nearby Kersey III and Terzace View Apartrnents
developments employ 12%maximum road grades. The Applicant proposed a 7.5%
maximum road grade for the proposed subdivision. Exhibit 31.
34. The Applicant proposed Modification E to permit the splitting of the proposed
subdivision site into two portions,the northern and the southern portion,necessitated
by the City's road grade limits. The splitting of the site would pemut only singulaz
access to the proposed subdivision's northem 51 lots. The Applicant reported that
denial of the request could mean the proposed subdivision's soalhem 19 lots would
remain undeveloped. Exhibi!32.
35. The Applicant requested Modification F to permit a split "boulevazd-style"entry
from Kersey Way SE into the proposed subdivision, at Road E. The Applicent
reported the bouleyard entry would be developed instead of a second access point for
the proposed subdivision's northem 51 lots, since the split of the site to accommodate
grading requirements would only allow for singular access to the lots. The Applicant
would satisfy secondary emergency access requirements through boulevard
construction. Exhibit 33. '
36. No transit ser4ice is provided adjacent to the proposed subdivision. The nearest
transit service available is King County METRO Route 151,which provides service
along Mill Pond Drive SE, approximately 1.9 miles to the west of the proposed
subdivision. Exhibil4; Exhibi116.
37. The Applicant does not propose to create parks or recreational areas within the
proposed subdivision. The Applicant would pay the City a park impact fee in-lieu-of
Findings, Conclusrons, and Recommendarion
Hearing Examiner jor the City ojAubrvn
Lakeland Hi!(s Esraees Preliminary Plar PLTOS-0004
Page!1 of 25
ORD.D Page 145 of 196
pazk or recreational area creation.b F.a�hibit 1, Sta,�J`'Report,page 7; Teslimony of Mr.
Pilcher.
38. The proposed subdivision site is located within the Auburn School District. The City
collects a school impact fee for subdivision developmenYs impact on District
infrastructure. Exhibit 1, SlaffReport,page 6.
39. Dan Repp, City Public Works, testified that water and sewer service is available for
the proposed subdivision. Testimo�ry of Mr. Repp.
40. Mr. Repp explained that the method used to make the water service available to the
subdivision is currently in question. If the Kersey III development is fully developed
(Divisions 1 and 2), water lines would be installed to the northem portion of the
proposed subdivision site. The lines would then be extended noRh to serve the rest of
the site. If the Kersey [II development is not built,the Applicant would need to
explore other opUons, construction of one or more of which would then become a
condition of approval. T'he other options include the following improvements
required by the City's 2001 Water Comprehensive Plan, either(a) and (b) or(c)and
(d) of which must be completed prior to final plat approval:
a. BP-112: a booster pwnp facility located along Kersey Way between Oravefz
Road and Stiick River Road;
b. DS-213-1211, 1411: a 16-inch pipeline within Kersey Way, from 37'" Way SE
through BP-112,to and through the site into the Zone Faur pressure zone;
c. BP-1 11: a booster pump facility located along East Valley Highway neaz 8�'
Street E;
d. DS-208-l408, 1508: a l6-inch pipeline within East Valley Highway extending
from Oravetz to 8'� Street E and DS-649-1509, I510: a 12-inch pipeline
within Elizabeth Avenue SE extending from the existing stub in Elizabeth
Loop SE to Lakeland Hills Loop SE.
Exhibit 1, S�afjReport, page S; Testimony ofMr. Repp.
41. Mr. Pilcher, City Planner,testified that though the City has not yet approved the
Applicant's proposal for delivering sanitary sewer service to the proposed
subdivision,the details of sanitary sewer service provision can be worked out prior to
6 The City did not pass a park impact fee ordiqance until after the Applicant filed his application,but the
ordinance had been passed by tlie City at the time of the public 6earing on the project. Had tfie ordinance
not been passed,the Applicant would have been called to edhere to his earlier agreement to pay S 152,
716.I S to the City Parks Department for Ciry parks projects. By the earlier ordinance,ACC 17.12.260,an
applican[for a preliminary plat of greater than SO lots would usually be required to provide on-site
recreational facilities. In[his case,the Parks Degartmen[would have been willing to accept a fee-in-lieu,
dpe to the steop slopes on site. Exhibrt/,Sta�JReport,ppges 6 and 7; Tes(imorry ojMr. Pilciier.
Findings, Conclusions, and Recommenda�ron
Hearing Ezaminer jor lhe City ojAuburn
6pkefpnd Ni!!s Esmtes Prelrmrnary Pla!PL7Y15-0004
Page 13 oj25
ORD.D Page 146 of 196 .
. final plat approval. Options for providing sanitary sewer service to the proposed
subdivision include: a)a gavity sewer system, in step with the 2001 City
Comprehensive Sanitary Sewer Plan, routed south along Kersey Way SE down the
White River to the Lakeland Hills (King County)Pump Station; b)a single sewer -
putnp station to serve the proposed subdivision, unti! a permanent gravity sewer
system is constructed. Mr. Pilcher added that the City is currendy evaluating the
pump station option to determine its feasibility. Regardless, the City would require
the Applicant to extend a gravity sewer Iine along the proposed subdivision's frontage
along Kersey VJay SE. Tract D would be a sewer easement in the northwest comer of
the proposed subdivision. Exhibit 1 StcrJJ''Report,pages 4—6; Teslimony of Mr.
Pilcher.
42. In a letter to the City, Scott Finch, on behalf of Lakeland Hills Estates LLC,
expressed a commitment to participate in the cost of constructing either;the sanitary
sewer lift station or the gravity system that would be located along Kersey Way SE.
Exhibrt 14.
43. Scott Finch, on behalf of the Applicant, testified that the Applicant supports all
proposed revised conditions listed in the Revised Proposed Conditions of Approval
for Lakeland Hills Estates,dated November 7,2006. Tesrimony of Mr. Finch.
CONCLUSIONS
Jurisdiction
Pursuant to Auburn City Code (ACC) Chapter 18.66, Section 14.03.040(A) and Section
17.06.050, the Hearings Examiner is granted jurisdiction to conduct a public hearing on a
preliminary plat application, and to make a recommendation to the City Council for
application approval, approval with conditions, or disapproval.
Pursuant to ACC Section 17.18.010, the Hearing Examiner is granted jurisdiction to
make a recommendation on the Applicant's request for a modification of any standard or
specification established or referenced by Chapter 1'7.12 ACC. The Hearing Examiner
must make the findings of fact listed in ACC Section 17.18.030 to approve, approve with
conditions, or deny the modificatioa ACC 17.18.010(A); ACC 17.18.040. The Hearing
Examiner shall make a recommenda6on on the ApplicanYs request for modification
simultaneously with a preliminary plat application recommendation. ACC 17.I8.010(B).
. Criteria for Review
Pursuant to ACC 17.06.070,preliminary plats shall only be approved if findings of fact
aze drawn to support the following:
A. Adequate provisions aze made for the public health, safety and general welfare �
and for open spaces, drainage ways, streets;alleys, other public ways, water
supplies, sanitary wastes, parks,playgrounds and sites for schools and school
grounds;
Frndings, Condusions, and Recommendarron
Hearing Examrner jor lhe City ojAuburrt
Lakeland Ni!!s Fsrares Prelimrnary P!a(PLTYIS-0004
Page!4 oJ15
ORD.D Page 147 of 196
, B. Conformance of the proposed subdivision to the general purposes of the
comprehensive plan;
C. Conformance of the proposed subdivision to the general purposes of any other
applicable policies or plans which have been adopted by.the city council;
D. Conformance of the proposed subdivision to the general purposes of this title,
as enumerated in ACC L7.02.030;�
E. Conformance of the proposed subdivision to the Auburn zoning ordinance and
any other applicable planning or engineering standards and specifications as
adopted by the city, or as modified and approved as pazt of a PUD parsaant to
Chapter 18.69 ACC;
F. The potential environmental impacts of the proposed subdivision are
mitigated such that the preliminary plat will not have an unacceptable adverse
effect upon the quality of the environment;
G. Adequate provisions are made so the preliminary plat will prevent or abate
public nuisances.
Pursuant to ACC 17.18.030, the heazing ezaminer may recommend approval of a request
for modificalion of any Chapter 17.12 ACC standazd or specification, upon making the
following findings of fact:
A. Such modification is necessary because of special circumstances related to
the size, shape, topbgrapliy, location or surrbundings of the subject
property,to provide the owner with development rights and privileges
permitted to other properties in the vicinity and in the zoning district in
which the subject prbperty is locaied;
B. That, because of such special circumstances,the development of the
property in svict conformity with the provisions of this title will not allow
a reasonable and harmonious use of the property;
C. Ttiat the modification, if granted,will not alter the character of the
neighborhood, or be detrimental to siiriounding properties in which the
property is located;
'ACC 17.02.030 establishes that the ptupose of this tiUe 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 establuhed by the state and lhe city,and to: (A) �
prevent the overcrowding of land;(B)lessen congesdon end promote safe and convenient travd by the
public on streets and highways;(C)promote the effeetiye ose of land;(D)provide for edequate light and
air;(E)facilitate edequa[e provision Tor water,sewetage,drainage,parks and recrestional areas,sites for
schools and school grounds,and other public requirements;provide for proper ingress and egress;provide
for the exped'rtious review und approval of proposed land divisions which comply with this title,the
Auburn zoning ordinence,other city plans,policies,and land use controls,and Chapter 58.17 RCW;(H)
adequately provide Cor the housing and commercial needs of the citizens of the sute and city;(1)require
unifortn monumenting of land divisions and conveyance by accdrate legal description;(J)implement the
goals,objectives and policies of the Aubum comprehensive plan;(K)prevent or abate public nuisances.
Firtdings, Conc/usions, and Recommendarron
Hearing Fxamrner jor!he Ciry ojAuburn
Lake(and Hills Esrares Pre/iminary P!a!PLTOS-0009
Page 1 S oj15
ORD.D Page 148 of 196
. D. Such modification will not be materially detrimental to the
implementation of the policies and objectives of the comprehensive land
use, ciroulation and utility plans of the city;
E. Literal interpretation of the provisions of this tide would deprive the
applicant of rights commonly enjoyed by other properties in the same
zoning district;
F. The approval of the modification will be consistent with the puipose of
this title;
G. The modification cannot lessen The requirements of the zoning ordinance.e
Conclusions Based on FindinQs
I. Preliminarv Plat Application
A. With conditions, adequate provisions will be made for the public health,
safety and general welfare and for open spaces,drainage ways, streets,
alleys,other public ways,water supplies,sauitary wastes,parks, aod sites
for schools and school grounds. The City provided adequate notice of the
public hearing associated with the application and opportunity for public
comment. The proposed subdivision's intemal street system will be public
and will provide adequate vehicular and pedestrian transportation routes for
subdivision residents. The Applicant ivill pay a fee in-lieu-of providing pazk
space within the proposed subdivision. Stormwater will be collected on-site
and routed to a stormwater detenrion facility for trea�ent and dispersal. The
Applicant will construct improvements to Kersey Way SE, to ensure motorist
safety and to constnict a pedestrian path along the street. The Applicant will
mitigate the impact of the proposed subdivision on Aubum School District
schools by payment of a schoo! impact fee. Water and sewer service will be
available to the proposed subdivision. Retaining walls will be built within the
proposed subdivision to protect steeper slopes.
Conditions of approval aze necessary to ensure that a means of providing
sewer and water service to the proposed subdivision is constrbcted.
Conditions of approval are also necessary to ensure that intemal subdi4ision '
streets connect to streets of a neighboring development, to provide drop-off
and pick-up dpportunities for school bus access along internal subdivision
roads, and to provide for cons�ucrion of adequate public storm drainage
facilities. Findings 1, 2, 3, 6, 12, 19, ll - 28, 37—43.
°Any such modification must be processed as a variance pursuant to ACC Section 18.70.010. ACC
l7.18.030(G).
Findrngs, Conclusions, and Recommendation
Nearing Examiner jor fhe City ojAvbu�n
Lake(and Hi!!s Earates Preliminary Plat PLTOS-0004
Page (6 oj25
ORD.D Page 149 of 196
B. With conditions, the proposed project conforms to the general purposes
� of t6e City of Auburn's Compreheosive Plan,Title 17.02 (Subdivisions),
and to the general purposes of any other appGceble policies or plau whic6
have been adopted by t6e City Council. The proposed subdivision would
provide single-family residential housing and would be consistent with the �
purposes and regulations of die sabdivision title,consistent with the general
purposes and policies of the City Comprehensive Plan, and would be
consistent with the City's 2001 City Comprehensive Sanitary Sewer Plan.
Should the Kersey III Division 1 development not be completed,the
subdivision's water service provision will be required to conform to the Ciry's
2001 Water Comprehensive Plan. Proposed subdivision lots would be
oriented away from Kersey Way SE,a minor arterial, in step with Policy LU-
25 of the City Comprehensive Plan. 1'he proposed subdivision's development
will be coordinated with the construction of water and sewer service provision
facilities in the area of the proposed subdivision. Subdivision development
would provide for the enhancement of critical lands, including wetlands,
streams, and wetland/streazn buffer azeas,through a City-approved conceptual
mitigation plan. The Applicant will construct improvements to Kersey Way
SE, to ensure motorist safety and to conswct a pedestrian path along the
street. The improvemenu will not diminish level ofservice along the R Street
SE/Kersey Way SE and Evergreen Way SE arterial corridors. The Applicant
will provide for open space within the proposed subdivision via a
wedand/open space�act. The request to reduce 7 lot widths within the
proposed subdivision will promote the effective use of land, by allowing space
for development of internal subdivision roads and wetland and stream buffers:
The proposed subdivision's intemal street system will be public and will
provide adequatc vehicular and pedestrian transportation routes for
subdivision residents. The Applicant will pay a fee in-lieu-of providing pazk
space witlun the proposed subdivision. Stormwater will be collected on-site
and routed to a stormwater detention facility for treatment and dispersal. The
Applicant will mitigate the impact of the proposed subdivision on Aubum
School District schools by payment of a school impact fee. Water and sewer
service will be available to the proposed subdivision. Relaining walls will be
built within the proposed subdivision to protect steeper slopes.
Conditions of approval are necessary to ensure that future subdivision home
buyers have notice of neighboring gravel mine operations prior to purchasing
a subdivision home, and to ensure that a means of providing sewer and water
service to the proposed subdivision is constructed. Condi6ons ofapproval aze
also necessary to ensure that internal subdivision streets connect to streets of a
neighboring development,to provide drop-off and pick-up opportunities for
school bus access along intemal subdivision roads,to provide for coastruction
of adequate public storm drainage facilities, and to ensure wetland mitigation
Findings, Conclusions, and Recommendalion
Nearing Ezamrner jor Ihe City of Auburn •
Lakelartd Hi!!s 6srates Preliminary Plar PLTOS-0004
Page l7 oj15
ORD.D Page 150 of ]96
. and monitoring complies with the City's Critical Areas Ordinance. Findrngs
1, 6, 9, 10- 28, 37-43.
C. The plat conforms to the City of AdbuPn's zoning orilinance,Title 18,
and any other applicable planning or engiueering standard snd
specifications. The proposed subdivision will contain single-family
residential housing at a development density of 3.1 dwelling units per acre.
No lot will be less than 8,000 sq. ft. in azea, in compliance with the Rl zoning
district minimum lot size requirement. Seven of the 70.proposed lots, or 10%
of the proposed lots, will have widths less than 75 feet to accommodate the.
subdivision's intemal road system and wetland/stream buffer areas. This lot
width reduction complies with ACC Secfion 18.12.040(B)(1)requirements for
lot width r8duction. Findings 1 and 8.
D. With conditions,potential environmental impacts of the proposal have
been mitigated such t6at the proposal will not 6ave an unacceptable
adverse effect upon the quality of the environmeot. The City determined
that the proposed subdivision would not have a probable significant adverse
impact on the environmenf, and issued a Determination of Nonsignificance ,
(DNS).
Conditions of approval are necessary to ensure that site disturbing activities
on the proposed subdivision site aze monitored to determine the presence,if
any, of azchaeological resources on the proposed subdivision site. Conditions •
of approval aze also necessary to ensure that on-site wetlands, stream,and
buffer areas aze protected in compliance with Ciry Critical Areas Ordinances.
Findings 4, S, 13 - 18.
E. With condiHons,adequate provisions have been made so that the
preliminary plat will prevent or abate public nuisances. Public Nuisances
aze addressed generally Uvoughout the ACC and aze addressed directly in
Chapter 8.12 ACC. A public nuisance affects public health and property
values by creating visual blight,hazboring rodents and/or beasts,or creating
unsafe pedestrian and tr�c situations. Potentially unsafe pedestrian and
traffic situations will be alleviated by the constructidn of Kersey Way SE
street and pedestrian improvements, and by the construction of the subdivision
intemal road system.
Conditions of approval aze necessary to ensure that connections to public
sewer and water will limit potential negative impacts to public health,to
ensure that street improvements are constructed in compliance with City
standards, and to ensure that proposed subdivision home buyers have notice of
neighboring mine operations prior to purchasing subdivision homes. Findings
1, 20- 23, 26, 27, 39- 43.
Frndrngs, Conc(usions, and Recommendation
Hearing Eraminer jor the Ciry ojAuburn
Lakeland Hills Esmtes Preliminary Pla�PLTOS-0004
Page 18 oj?5
ORD.D Page 151 of 196
II. Modification Requests9
A. Special circumstances make modification necessary in t6is case, and because
of such special circumstances, development of the proposed subdivisioo site
in strict conformity with Title 19,Auburn City Code will not allow
reasonable and harmonious use of the property. The steep slopes present on
site and the site's proxunity to a minor arterial make all.the modifications.
requested necessary in this case. Development of the proposed subdivision in
strict conformity with Tide 17 would mean: development of an internal road
system with inappropriate road engineering and grades inconsistent with City
standards; inapprbpriate vefuoulaz entry from and onto Kersey V✓ay SE, a minor
arterial; loss of area dedicated to wetland/stream buffer areas in step with the City
Critical Areas Ordinance; and elimination of some subdivision lots for single
family residential development similaz to development in neighboring
subdivisions. Findings 1, 6, 7, 8, Il - 18, 21 - 23, 25- 27, 29—35.
B. Modification approval will not alter the character of the neighbor600d, or be
detrimental to surrounding properties. Approval of al requested modifications
will result in the development of a single-family residential subdivision,
consistent with the single-family residential subdivisions that surround the
proposed subdivision. Approval of all modifications will be beneficial to the
neighboring Kersey III Division 1 subdivision development, because the
requested modifications will provide for connecting proposed subdivision intemal
roads with Kersey III Division 1 developtnent intemal roads. Frndings 1, 6- 9,
11, 21 -23, 25- 27, 29—35.
C. Modification approval will oot be materially detrimental to the
� implementation of city policies,objectives, and plaos. Modification approval
will be consistent with City Comprehensive plan goals and policies. Approval of
all the modifications will permit orienting proposed subdivision dwelling units
away from Kersey Way SE, a minor arterial, and provide for a proposed
subdivision intemal road system with pedestrian access from the residential area
to Kersey Way SE. Modification approval wil! allow for coordination of single-
family residential development with neazby transportation infrastructure, promote �
cooidinated regional grorvth by constructing str8et connections between tHe �
proposed subdivision and the Kersey III Division 1 development, and to ensure
critical wetland/stream buffer azeas are protected. Findings 1; 8- 10, /2-18, 1/ -
23, 25-27, 29—35.
°The Hearing Examiner will make a single recommendation regarding the Applicant's modification
requests,since all the modifications would be necessary,and thus,would have to be approved by the Ciry
Council,to permit connection between lots via an internal road network. Finding 18.
Ftndrngs, Conclutrons, and Recommendarron
Hearing Ezaminer jor the City of Auburn
Lakeland Ni!!s Eseates Preliminary Plat PLTOS-0004
Page !9 af 25
ORD.D Page 152 of 196
D. Literal interpretation ot TiNe 17,Auburn City Code,would deprive the
Applicant of rights commonly enjoyed by other properties in the Rl zoaing
district. The Applicant requests modifications consistent with development
parameters in subdivisions surrounding ttie proposed subdivision. Modification
denial would result in elimination of subdivision lots that would otherwise be
permitted within the Rl zoning district, according to Rl zoning district minimum
lot size and minimum lot width requirements. Findings 1, 6- 8, I1, 12, 21- 23, 25
- 27, 29—35.
E. Modification approval will be consistent with the parpose of Title 17,
Aubom City Code and will not lessen t6e requirements ot the Auburn zoning
ordinance. ApproVal of all the modifications will result in subdivision lots that
ineet the minimuin lot size and minimum lot width requirements of the Rl zoning
district. Modification approval will allow the Applicant to coordinate proposed
subdivision intemal road system development with improvements to Kersey Way
SE. The improvements will ensure motorist safety and prodide a pedestrian path
along streeu. The improvements will not diminish level of service along the R
Street SE/Kersey Way SE and Evergreen Way SE arterial corridors. The request
to reduce 7 lot widths within t6e proposed subdivision will promote the effective
use of land, by allowing space for development of internal subdivision roads,
wetland/stream buffer azeas,and single-family residential lots. The proposed
sabdivision's intemal street system will be public and will provide adequate
vehicular and pedestrian transportat_ion routes for subdivision residents.
Modification approval would also be consistent with the goals and policies of the
Ciry Comprehenside Plan(see Conclusion II (C), above). Findings 1, 6- !0, 12,
13- 18, 21 -27, 29-35.
RECOMMENDATION
Based upon the preceding Findings and Conclusioas, the Hearing Examiner for the City
ofAu6um recommends to the Aubum City Counoil that the request for approval of a
preliminary plat application to subdivide four parcels of land,22.97 total acres, into 70
single-family resi3ential lots, a storm drainage tract and a wetland tract, and the related
requests for modifications be APPROVED, with preliminary plat approval subject to the
fo(lowing conditions: ��
1. Priw to final plat approval,the construcGon of a gravity sewer system is reqyired to serve the
property per the 2001 Comprehensive Sewer Plan along Kersey Way and along the White
River to the Lakeland hills(King County MeVO)Pump Slation; OR
1 A, An altemative,a single sewer pump station, if feasible,may be constructed to
temporaiily serve tHe proposed development until such time as the permanent
gravity sewer is in ptace. Some of the feasibiliry issues to consider inJol4e the
10 Conditions inclpde both legal requirements applicable[o all developments and conditions to mi[igate the
specific impacts of this development.
Findings, Conclusions, and Recommendalion
Hearrng Ezam7ner jor!he City ajAuburn
Lakeland Hr!!s 6srates Prelrminary Plar PLTOS-0004
Page 20 oj25
ORD.D Page 153 of �96
ability to bypass pump the system,providing safe working pressures within the
� pumping system, and available downstream capaciry of the existing gravity
system. The pump station shall be designed and constructed to serve the sewer
basin detertnined by the Ciry. In addition,the interim pump station s6a11 be
located such that it provides adequate spaca to meet the design requiroments for
the interim pump station,access to the pump station and access to the stortn
drainage ponds. Meeting tfiis requirement may impaot the configuration and tota(
number of lots proposed,particularly lots 65 through 69.
2. Prior to final plat, the development is required to construct the following offsite
improvements as identifed in the 2001 Water Gomp Plan to bring water from lhe valley
system to the zone four pressure zone to ser4e the site.
a. BP-112;a booster pump faciliry located along Kersey Way between Oravetz Road
and Stuck Ri4er Road
b. DS—213-1211, 141 l; A 16-inch pipeline within Kersey Way,from 37`"Way SE
through BP-112,to and through the site frontege(approximately 4000 linear feet).
3. An alternative to the completion of the Kersey Way booster pump station and Kersey Way
waterline improvements would require compledon of the following as identifie� in the 2001
Water Comprehensive Plan:
a. BP-I 11; A booster pump facility.located along East Valley Highway(EVI-�near 8'"
St E.
b: DS-208-1408, 1508; A 16-inch pipeline within EVH extending from the existing 12-
inch line south of Lakeland Hills Way to 81°St E(epproximately 3000 linear feet).
c. DS-649-1509, 1510; A 12-inch pipeline within Eliiabeth Ave SE extending from the
existing stub in EliTabeth Ave SE(north of 58ih PI SE)to the northem entrance to
Elizabeth Loop SE(approximately 800 linear feet).
4. Construction activities within the southem portion of the plat(lots 1-19)shall not commence
until the connecting streetc within Kersey III Division 1 have been constructed and dedicated
as public streets.
5. Intemal plat streets and utilities shall be extended to the adjoining property as depicted on the
preliminary pint. Easements shall be granted to the City for the temporary cul-dwsac
turnarounds where plat roads terminate at adjacent properties.These easements shall allow
for the Ciry and/or its authorized agents to remove the cul-de-sacs at the time the roadsare
extended to serve the adjoining'property.Building setback requiremenu shall be measured
from the permanent lot boundary, not the easement edge.
6. In order to avoid negatively impacting Lot I, the temporary cul-de-sac on Road B shall be
centered on the street alignment and equally inWde onto both Lots I and 9. Altemafively,
Lot 1 shall be designated as"unbuildable"until such time the tempbrary cul-0e-sac is
removed.
7. A dedicated southbound right turn lane on Kersey Way SE to proposed Road E shall be
conswcted as directed by the City Engineer,prior to final plat approval.The applicant shall
dedicate sufficient right-of-way to accommodate the turn lane.
Findings, Conclusions, and Recommendalion
Hearing Ezaminer jor the City of Auburn
Lakeland Nills 6smres Preliminary Pla�PL7175-0004
Page 2! oj25 '
ORD.D Page 154 of 196 .
8. A dedicated northbound left turn lane on Kersey Way SE to proposed Road E sHall be
conswcted as directed by the City Engineer;prior to final plat approval. The applicant shall
dedicate sufficient right-of-way to accortimodate the tum lane.
9. Prior to final plat approval,appropriate advance weming devices shall be placed to fhe
sa[isfaction of the City Engineer along Kersey Way approaching the site intersection waming
drivers of an intersection ahead.
10. Prior to final plat approval,vegetation shall be removed along both the easterly and westerly
edges of Kersey Way SE,approximately 500 feet north and south of the site entrance, to
provide and preserve site dislance.
11. Prior to issuance of construction permits,the apPlicant shall submit a haul route plan
explaining: roads to be traveled on,type of ineterial to be hauled,total quantity of material to
be hauled,total number of expected days of the haul,expected daily start and end time of the
haul,total number of trips,total number of expected trips per day estimated start end
completion date. A traf6c control plan shall be submitted showing intended methods and
placement of h�c control and clearly showing the site entrance used for hauling. Based on
the haul route plan,the City Engineer may condition hauling operations to mitigate impacts to
streets. Such measures may include road repair or reconstruction, limitations to days and
times of the haul, and installation of daffic control measures.
12. Applicant shall consWCt the street frontage improvemenu along Kersey Way to include a ]0
foot wide paved trail separated from the road travel way by a 5 foot wide Iandscape strip and
a vertical curb.
13. Applicant shall provide adequate facilities within the plat to allow drop offand pick up
opportuniaes for school bus access along roads with grades less than 6%to the satisfaotion of
the Auburn School District and the City Engineer.
14. The boulevazd median shall be designed to accommodate sight distance and maintenance
requirements and shall include strect trees in tree pits with grates and a solid decorative
surface finish for the remainder of the median as approved by the City Engineer.
I5. A park fee of$152,716.15 shall be paid to the Ciry prior to final plat approval unless the Ci1y
adopts a park impact fee prior to that time. In that evenJ, park impact fees shall be required in
lieu of the aforementioned fee at the time of building permit issue.
l6. Prior to issuance of clearing or grading permits,a plan for gading and elearing necessary for • -
both the consWction of infrastructure(roads and utilities)and lot gading shall be approved
by the Ciry Engineer.The objective of the plan should be to accomplish the desired amount
of gading ducing one consWction period;while limiting the extent of exposed gound,and
to limit or avoid�e need for subsequent grading and disturbance, including grading of
individual lou during home construction.The geotechnical engineer shall develop specific
recommendations to mitigate grading activities,wilh particular altention to developing a plan
to minimize the extent and time soils are exposed and also to address grading and related
activities during wet weather periods(tlie period of greatest concem is October I through
March 31).
Findings, Condusioru, and Recommenda(ion
Hearing Examiner jor the City oJAuburn
Lakeland Hi!!s Es[ater Pre(rminary Pla�PLTOS-0004
Page 22 oj15
ORD.D Page 155 of 196
� , 17. Upon completion of rough grading and excavation,the applican}shall have a geotechnical
engineer re-analyze the site and determine if new or additional mitigation measures are
necess.ary. A revised geo-technical report shall be submitted for approval by the City
Engineer. Recommendations for areas where subsurface water is known or discovered shall
be given particulaz attention by the geotechnical engineer and coordinated with the project
engineer responsible for the storm drainage system design
18. Prior to commencing site clearing or grading activities,the applicant shall submit a proposed
dust control plan for review and approval.This plan shall show methods of pnvenUng dust
from impacdng adjacent properties,nahi�al and public stortn drainage systems, and right-0f-
ways. ConVol measures shall be implemented prior to the beginning and in conjunction with
on-site clearing, filling,grading or other construction activities.
l9. Storm drainage facilities shall inoorporate hig6 standards of design to enhance the appearance
of the site and serve as an amenity.Tfie design of above ground storage and conveyence
facilities shall incorporate landscaping utilizing native vegetation,minimal side slopes,
safety,maintenance needs,and function. Prior to final plan approval, a landscaping plan with
applicable cross-sections shall be provided to demonstrate that storm drainage pond sesthetic
requirements consistent with City standards can be accommodated omsite.
20. Fo enhance the water qualiry of the discharge leaving the site,appropriately designed
aeration shalTbe provided within the stortn pond.
21. The applicant or a future Homeowners Association shall maintain those portions of the
stormwater tract, including Iandscaping and walls, located outside the fenced pond boundary
at the 10-year stortn water surface elevation,as delermined by the City.Engineer.
22. The design of the storm drainage conveyance lines shall consider upstream bypass surface
flows,and route them appropriately t}irough the project site,as approved by the City
Engineer.
23. Maintenance access shall be provided to all struetures proposed to be in public owpership and
[o the proposed stortn ponds. The remaining portions(as applicable)of this,system shall be
placed within a tract dedicated to the Homeowners Association for maintenance and
operation.
24. Public storm drainage facilities shall be constructed to adequately manage the storm water .
quantity and quality impacts from the proposed public street improvements essociated with
the project including Kersey Way. Storm drainage from the public street improvements sfiall
not be allowed to drain into any private storm drainage facilities.
25. In order to alert potential lot purchasers of the presence of adjacent surface mining
operations,the following note shall be placed on the final plat and within fhe deed for eac6
home offered for sale: "NOTICE: This property is near designated mineral resource lands on
which a vaiie.ty of commercial activities occur that may not be compatible with residential
development, including, but not limited to, mining,extraction, washing, crushing,
Findrngs, Conclusionr, and Recommendalion
Hearing Examinerror the City ofAuburn �
Lake(aRd Hi!!s Eslares Preliminary Plat PLTOS-0004
Page 23 oJ25
ORD.D Page 156 of 196 .
stockpiling, transporting,concrete and asphalt prodaction,recycling of materials,and their
� related and supporting activities."
26. Residential streets that are 28 feet in width, face of curb to face of curb,shall allow parking
on one side of the street only. "No Parking this Side"signs,in accordance with City of
Aubdm standard details, shall be installed on the same side of the street where fire hydrants
are located, prior final plat approval. Failure to provide the"No Parking" signs.will result in
the street being declared a Fire Lane and additional signage and painting will be reqdired by
the Fire Mazshal in ordei to meet Aubum Ciry Code 1036.075, Fire Lanes Marking.
27. No direot lot access shall be allowed to 49�'St SE,Kersey Way SE or Evergreen Way SE.
Access to the storm drainage pond may be provided from 49'� St. SE, upon approval by the
Ciry Engineer.
28. The applicant shall install a solid wood fence conswcted fi4e(5)feet from the rear property
lines of proposed Lots 35-37 and 68-70. Evergreen stwbs that will attain the same height
shall be planted between the fence and the edge of the right-of-way. This requirement shall be
completed consistent with city design and construction standards.
29. Prior to issuance of construction permits, Uie applicant shall submit the.proposed retaining
wall design and its aesthetic treatment for the wall to be located betiveen the upper and lower
portions of the plat.Tfie intent of the design shall be to mitigate the visual impact of this wall
for those lots located on the downhill(northem)side of the wall.
30. The final plat drawing shall contain the address of all lots as assigned by the City of Aubum.
31. A final mitigation plan,monitoring sc6edule,and contingency plan for the wetland/stream
corridor shall be submitted for reJiew and approval by the Planning Director prior to the
commencement of any construction activities.The mitigarion plan shall include measures to
prevent human activities wift�in the buffer area.The mitigation plan shall be prepared
consistent with the Ciry's Critical Areas Ordinance.
32. The Applicant shall design the public facilities, including but nM limited to the location of
structures and appurtenances, to facilitate their future maintenanoe and operations such that
the impact of the steeper road grades are reduced;as approved by the City Engineer.
33. Where retaining walls are used adjacent to public roads or within a poblic facility,the
applicant shall provide either mechanically stabilized earth or cement conorete retaining
walls,as approved by the City Engineer.
34. Pertnanent gravity sanitary sewer service for the development is to be provided through a
connection to the future Kersey Way gayity line by routing flows down Road E(from the
manhole at the intersection of Road A and Road F)to Kersey Way. Permanent graviry
service to the Road A cul-de-sac may be routed tluough-Tract D and then to the future Kersey
Way graviry line. Should the interim litt station be acceptable,the developer will need to
provide a temporary graviry line from the Kersey Way line to the proposed li8 station.
Findings, Conclraions, artd Recommendarion
Hearing Ezaminer jor rhe City ojAubwn
Lakeland Hil/s Estates Prelimrnary Plat PLTOS-0004
Page 24 oj25
ORD.D Page 157 of 196
35. Site disturbing activities should be monitored by the Applicant to determine the presence,if
any, of archaeological resources within the proposed subdivision site boundaries. Evidence
of the presence of archaeological resources shall bb promptly reported to the City of Apbum.
Dated this�y of November,2006.
�� �����
THEODORE PAUL HUNTER
Heazing Examiner
Frndings, Conclusions, and Recommendarian
Hea�ing F.zaminer jor!he City of Auburn
LakelanJ Xills Esla(es Freliminary Pla1 PLTOS-0004
Page 15 oj15
ORD.D Page 158 of 196
cT 04ERICAN
0
11
III III III Hill III I II
20150619000610
FIRST AMERICAN ORD 77.00
Return Address: 06/19//2015F 12:07
Auburn City Clerk KING COUNTY, WA
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Final Plat-Ordinance No. 6516
Reference Number(s) of Documents assigned or released:
EAdditional reference#'s on page_of document
Grantor(s) (Last name first, then first name and initials)
1. City of Auburn Said documents were filed of
record as an accommodation only.
N h£n' nn! hnan cvomincd Pc to
proper execution or as to its etfeot
Grantee: (Last name first) upon title.
Denova Northwest LLC
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Parcel A: That portion of Lot 2 as described and delineated on City of Auburn Short Plat SP-22-
77...Section 32, TWP 21 N, R5E, WM in King County
IN Additional legal is on page 5 of the document.
Assessor's Property Tax Parcel/Account'Number:
4138000010,4138000020, 4138000030, 4138000040, 4138000050, 4138000060, 4138000070, 4138000080,
4138000090,4138000100, 4138000110,4138000120, 4138000130, 4138000140, 4138000150, 4138000160,
4138000170,4138000180, 4138000190, 4138000680, 4138000700, 4138000200, 4138000210, 4138000220,
4138000230,4138000240, 4138000250, 4138000260,4138000270, 4138000280, 4138000290, 4138000300,
4138000310,4138000320, 4138000330, 4138000330,4138000340, 4138000350, 4138000360, 4138000370,
4138000380,4138000390, 4138000400, 4138000410, 4138000420, 4138000420, 4138000430, 4138000440,
4138000450,4138000460, 4138000470,4138000480,4138000490, 4138000500, 4138000510, 4138000520,
4138000530,4138000540, 4138000550, 4138000560, 4138000570, 4138000580, 4138000590, 4138000600,
4138000610,4138000620, 4138000630, 4138000640,4138000650, 4138000660, 4138000730, 4138000740,
4138000720,4138000710, 4138000690, 4138000670
❑Assessor Tax#not yet assigned-
ORDINANCE NO. 6 5 1 6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE FINAL PLAT OF LAKELAND HILLS ESTATES
WHEREAS, the City of Auburn received a final plat application for the Plat
of Lakeland Hills Estates, Application No. PLT14-0002, the final approval of
which is appropriate for City Council Action; and
WHEREAS, based on the review given this Plat by the City, the City
Council hereby makes and enters the following:
FINDINGS OF FACT
1. Dave Sanson of Denova Northwest LLC has made application for the
Final Plat of"Lakeland Hills Estates".
2. The preliminary plat (PLT05-0004) was approved by the City Council on
December 4, 2006 by Resolution No. 4116 as a single phase.
3. The preliminary plat of "Lakeland Hill Estates" has been developed in
accordance with all applicable conditions of the preliminary plat.
4. A Certificate of Improvements has been issued by the City Engineer,
accepting completion of all required plat improvements and accepting
financial security for those improvements that remain to be completed.
5. Tract G is a storm drainage tract proposed to be dedicated to the City of
Auburn for ownership and maintenance purposes, except for the perimeter
landscaping that will be maintained by the homeowner's organization.
CONCLUSIONS OF LAW
1. The Final Plat is in compliance and in conformity with applicable Zoning
and Land Division Ordinances and other applicable land use controls.
2. The Plat is consistent with the Comprehensive Plan.
3. The Plat meets the requirements of Chapter 58.17 RCW.
Ordinance No. 6516
June 12, 2014
Page 1 of 4
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Approval. Lakeland Hills Estates, a subdivision involving
property located within the City of Auburn, Washington, which plat is legally
described on Sheet 1 of 9 of the Final Plat and set forth in Exhibit "A," attached
hereto and incorporated herein by reference, is hereby approved, and deemed to
conform to the requirements for Plat approval pursuant to State and local law and
Chapter 58.17 of the Revised Code of Washington and Section 58.17.140
thereof.
Section 2. Constitutionality or Invalidity. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being hereby
expressly declared that this Ordinance and each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed, adopted and
approved and ratified irrespective of the fact that any one or more section,
subsection, sentence, clause or phrase be declared invalid or unconstitutional.
Section 3. Recordation. Upon the passage, approval and publication of
this Ordinance as provided by law, the City Clerk of the City of Auburn shall
cause this Ordinance to be recorded in the office of the King County Records,
Elections and Licensing Services Division.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
•
Section 5. Effective Date. This ordinance shall take effect and be
in force five (5) days from and after its passage, approval and publication, as
provided by law.
Ordinance No. 6516
June 12, 2014
Page 2 of 2
INTRODUCED: JUL - 7 2014
PASSED: JUL -7 2014
APPROVED: JUL -7 2014
CITY OF AUBURN
J*t
Li
MAYORB
MAYYOOR
ATTEST: q
Danielle E. Daskam,
City Clerk
APPR• f D� • FORM:
ate./ 0
Daniel B. Heid,
City Attorney
Published: \\• D_.. 14 - c-,.c-: -t_ ..vw'
Ordinance No. 6516
June 12, 2014
Page 3 of 3
EXHIBIT A
PARCEL A:
THAT PORTION OF LOT 2, AS DESCRIBED AND DELINEATED ON CITY OF AUBURN SHORT PLAT NUMBER SP-22-77
REVISION, RECORDED UNDER KING COUNTY RECORDING NUMBER 7905301012, IN KING COUNTY, WASHINGTON, BEING
A PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 21 NORTH, RANGE 5
EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE EAST PROPERTY LINE OF SAID LOT 2 AND THE SOUTHERLY
MARGIN OF ORAVETZ ROAD (KERSEY WAY S.E.); THENCE NORTHWESTERLY ALONG THE SOUTHERLY MARGIN OF SAID
ORAVETZ ROAD (KERSEY WAY S.E.), A DISTANCE OF 99.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 39'19'58" WESTERLY ALONG THE SOUTHERLY MARGIN OF ORAVETZ ROAD 513.39 FEET, MORE OR LESS, TO A
POINT OF INTERSECTION OF THE WEST BOUNDARY LINE OF LOT 2 WITH SAID ORAVETZ ROAD; THENCE SOUTH
01'21'03" WEST A DISTANCE OF 579 FEET TO A POINT ON THE SAID WEST BOUNDARY LINE OF LOT 2; THENCE
SOUTH 88'38'57° EAST 235 FEET; THENCE NORTH 01'21'03" EAST 86.08 FEET; THENCE NORTH 45'22'31" EAST TO
THE TRUE POINT OF BEGINNING.
PARCEL B:
LOT 2, AS DESCRIBED AND DELINEATED ON CITY OF AUBURN SHORT PLAT NUMBER SP-22-77 REVISION, RECORDED
UNDER KING COUNTY RECORDING NUMBER 7905301012, IN KING COUNTY, WASHINGTON, BEING A PORTION OF THE
EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON;
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE EAST PROPERTY LINE OF SAID LOT 2 AND THE SOUTHERLY
MARGIN OF ORAVETZ ROAD (KERSEY WAY S.E.); THENCE NORTHWESTERLY ALONG THE SOUTHERLY MARGIN OF SAID
ORAVETZ ROAD (KERSEY WAY S.E.), A DISTANCE OF 99.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 3919'58" WESTERLY ALONG THE SOUTHERLY MARGIN OF ORAVETZ ROAD 513.39 FEET, MORE OR LESS, TO A
POINT OF INTERSECTION OF THE WEST BOUNDARY LINE OF LOT 2 WITH SAID ORAVETZ ROAD; THENCE SOUTH
01'21'03' WEST A DISTANCE OF 579 FEET TO A POINT ON THE SAID WEST BOUNDARY LINE OF LOT 2; THENCE
SOUTH 88'38'57" EAST 235 FEET; THENCE NORTH 01'21'03 EAST 86.08 FEET; THENCE NORTH 45'22'31" EAST TO
THE TRUE POINT OF BEGINNING.
PARCEL C:
LOT 1, AUBURN CORRECTION SHORT PLAT NO. SP8-78 RECORDED UNDER KING COUNTY RECORDING NUMBER
7806200355 AND AMENDED BY KING COUNTY RECORDING NUMBER 8003110673, SAID SHORT PLAT BEING A PORTION
OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON;
PARCEL D:
LOT 4, AUBURN CORRECTION SHORT PLAT NO. SP8-78 RECORDED UNDER KING COUNTY RECORDING NUMBER
7806200355 AND AMENDED BY KING COUNTY RECORDING NUMBER 8003110673, SAID SHORT PLAT BEING A PORTION
OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 21 NORTH, RANGE 5-EAST, W.M., IN
KING COUNTY, WASHINGTON.
Ordinance No. 6516
June 12, 2014
Page 4 of 4
STATE OF WASHINGTON
)ss.
COUNTIES OF KING AND PIERCE )
I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the counties of King and
Pierce, State of Washington, certify as follows:
1. The foregoing is a full, true and correct copy of Ordinance No. 6516
(the "Ordinance") duly passed by the Council and approved by the Mayor of the said
City of Auburn, on the 7th day of July, 2014, as that ordinance appears on the
minute book of the City.
2. Ordinance No. 6516 was published as provided by law in the Seattle
Times, a daily newspaper published in the City of Auburn, and of general circulation
therein, on the 11th day of July, 2014.
Witness my hand and the official seal of the City of Auburn, this 31st day of
October, 2014.
Danielle Daskam, City Clerk
City of Auburn