HomeMy WebLinkAbout6523 ORDINANCE NO. 6 5 2 3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE FINAL PLAT OF WYNCREST
WHEREAS, the City of Auburn received a final plat application for the Plat
of Wyncrest, Application No. PLT14-0004, the final approval of which is
appropriate for City Council Action; and
WHEREAS, the Preliminary Plat for this plat was approved by City's
Hearing Examiner on August 1, 2011 with identified conditions and requirements;
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. Schneider Homes, Inc. has made application for the Final Plat of
"Wyncrest".
2. The preliminary plat (PLT10-0010 City File) was approved by the City's
Hearing Examiner on August 1, 2011 as a single phase.
3. The preliminary plat of"Wyncrest" 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. The
applicant has provided a security in lieu of completion for the outstanding
improvements which includes the top lift of asphalt, monument installation,
and emergency vehicle access construction.
5. The final plat includes one publicly dedicated tract, Tract E, for the storm
drainage facility.
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.
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Ordinance No. 6523
July 14, 2014
Page 1 of 1
2. The Plat is consistent with the Comprehensive Plan.
3. The Plat meets the requirements of Chapter 58.17 RCW.
WHEREAS, insofar as the plat meets the requirements of applicable codes
and plans, and the conditions and requirements of the preliminary plat, it is
incumbent on the City Council to approved the final plat, as no new conditions or
requirements can be added at this point.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Approval. Wyncrest, a subdivision involving property
located within the City of Auburn, Washington, which plat is legally described on
Sheet 1 of 5 of the Final Plat and set forth below:
PARCEL A:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE W.M. IN
KING COUNTY, WASHINGTON;
EXCEPT THE NORTH 98 FEET OF THE WEST 230 FEET THEREOF;
AND EXCEPT THE WEST 30 FEET LYING SOUTH OF SAID NORTH 98
FEET;
AND EXCEPT THE EAST 15 FEET THEREOF.
PARCEL B:
LOT 1, KING COUNTY SHORT PLAT NO. 283065, ACCORDING TO
PLAT RECORDED JANUARY 4, 1984 UNDER RECORDING NO.
8401040734, IN KING COUNTY, WASHINGTON; AND
LOTS 3 AND 4, TOGETHER WITH AN UNDIVIDED INTEREST IN
TRACT X, KING COUNTY SHORT PLAT NO. 283065, ACCORDING TO
PLAT RECORDED JANUARY 4, 1984 UNDER RECORDING NO.
8401040734, IN KING COUNTY, WASHINGTON.
PARCEL C:
THE WEST 15 FEET OF THE FOLLOWING:
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
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Ordinance No 6523
July 14, 2014
Page 2 of 2
SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE W.M. IN
KING COUNTY, WASHINGTON;
AND
THE EAST 15 FEET OF THE FOLLOWING:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE W.M. IN
KING COUNTY, WASHINGTON.
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 Auditor's
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.
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Ordinance No. 6523
July 14, 2014
Page 3 of 3
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.
JUL 21 2014
INTRODUCED:
PASSED: JUL 21 2014
APPROVED: JUL 21 2014
CITY OF AUBURN
�fan tm,7-�ctk aj
ANCY US
MAYOR14
ATTEST:
Z�'"
Danielle E. Daskam,
City Clerk
APPR ED O FORM:
7
Danie B. Heid,
City Attorney
Published S-�-:�-,,,�
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Ordinance No. 6523
July 14, 2014
Page 4 of 4
Exhibit 5
1 BEFOR�THC HEARING EXAMINER FOR TFIE CITY OF AUBURN
z Phil Olbrechts, Hearing Examiner
3
RE: Wyncrest
4 FINDWGS OF FACT, CONCLUSIONS
5 Preliminary Plat OF LAW AND RECOIVIMENDATION.
PLT10-0010
6
� INTRODUCTION
8 The Applicant has proposed to subdivide 8.60 acres into 24 single-family residentiah
lots. 7�vo deviations to sri•eet standaz•ds are also included in the application for 64
9 Avenue South and 67°i Avenue South, an extemal eccess road and an intemal access
10 �road, respectively. Specifically the deviations are to (1} allow the Ap�licant to
improve 64��' Avenue South without a center turn lane; and (2) allow the A�plicant to
11 reduce the intersection spacing between South 298�' Place and South 299" Street on
67°i Avenue South from 250 feet to 194. The preliminary plat and deviations are
12 approved with conditions.
13 ORAL T�STIMONY •
14
Hilary Taylor, Senior Planner, summarized lhe staff report. She noted on page 8, of
15 the staff report there is a reference to Exhibit 9 whcre instead it should be Exhibit 14.
16 Ms. Taylor noted there are two devistions from ciry code proposed by the Applicant.
The first dcviation requested is from the minimwii intersection spacing as required by
17 ciiy code. Ms. Taylor expla'vied that city code requires 250 feet of inteisection
spacing and the Applicant has proposed 194 feet. The City Engineer has reviewed
lg this deviation and has approved it. The second deviation proposed deals with
roadvray width. The Applicant is required to provide a center-turn lane as part of the
19 irquirements of the development of the subdivision. The Applicant proposes to not
20 providc a center-tum lane, but instead accorrimodate/improve n bike lane as suppoited
by the city's comprehensive plan. The City Engineer recoinmends approval of tfus
21 deviation because the traffic volumes in that area aze not expeeted to warrant a center-
turn lane.
22
Ms. Taylor also noted a supplemental information memo that is being added to the
23 steff report outlining a discussion with tlie Muckleshoot Indian Tiibe Fisheries
24 division (Ezhibit 15). The discussion began on June 30'" after the Muckleshoot
Fisheries Division emailed questions regarding the culvert that would b.e built
zs underneath 64`�' Avenue South. The Applicant ond ciry stafE responded to these
questions regarding the fact that dte culyert will be extending an existing utility. The
affecled st�•ea�n was orign�ally identified as a Class N stream by King County in a
2004-2005 assessment In Dec 7, 2010 it was identified in a critical areas report and
{PA0757324.DOC;I\90063.9000001)
Prcliminary Plat p. 1 Findings,Conclusions a�id Deczsion
ORD.D Page 27 of 280
described as a seasonal surface weter drainage area. It is classified as a Class 4
� sd•eam per Aubum city code ACC 16.10.080.D.4. The memo also details die concern
2 raised by the Muckleshoot Indian Tribe Fisheries Division regarding buffer-averaging
in an email dated July 5, 2011. Tl�e Applicant responded that they plan on using
3 buffer-avecaging which would be addressed during the time of consuvction drawing.
Staff proposed a preliminary condition that no more than 35% of the stream buffer
4 wotdd be impacted. Tlus condition noted "tlu•ough a combination of averaging and
buffer-width reduction the Applicant shall demonsh•ate to the planning director at the
5 time of submittal for e facilities extension agreement that a reduction and averaging
6 will not result in any adverse impacts to the stream and complies with the intent of
section ACC 16.10.09Q.E.2.D aud section ACC 16:10.090.E.2.E."
7
7oe Welsh, Senior Traffic Advisor for City of Aabum, teslified that no physical
8 access is needed for a second emergency roadway until a minimum of 25 lots would
be served by the emergency access roadway. The current p�nposal is for 241ots but
9 future development of neighboring parcels will eventually increase the number of lots
10 scrviced liy the emergency access beyond tl�e 25 lot tlu•eshold. City staf£is working
to ensure the easement is clearly defined and tliat the Applicant will pcovide the
11 easement according to the city standards. City standards require tliat a secondary
emergency access be provided at the Gme 25 lots are served by it.
12
Additionally, NL•. Welsh testified d�at the traffic volumes andihhe number of cars that
(3 would be turning and number that would be opposing on 64 Avenue Soulh would
14 °0L W�t a center-twn lane. Mr. Welsh notes that typically the intersection spacing
minimum is 25Uft, but tlie tum volumes are so low there is no spacing concem.
15 Regarding the continuance of low traffic volume, Welsli comments that an existing
development off of 64`h Avenue South is finished, and the Applicant's development is
16 building east towards a slope so traffic volumes are not expected to increase
exponentially.
17
18 Maher Joudi, the ApplicanYs civil engineer on the pro,}ect, added that impacts to the
stream (noted in Exhibit LS) will be very limited, but the improvements requixed on
iq 64`� Avenue South rviil impact the stream directly. These impacts will be taken utto
account wilh the culvert design.
20
EXHIBITS
21
22 The exhibits listed at pages 10-11 of the June 24, 2011 staff report as well as the July
20,2011 meinorandwn from Hillaty Taylor to the Hearing Examiner(Exhibit 15)are
23 alt admitted into evidence.
24
25
FINDINGS OF FACT
{PA075737A.DOC:1100063.90000D1}
Preliminary Plat p.2 Findings, Conclusions and Decision
ORD.D Page 128 of 280
� Procedural:
2
1, Apnlicent. Schneider Homes, Inc.
3
2. Hearin . The Hearing Examiner conducted a heazing ai tlie application at
4 5:3Q p.m. at Aubu�n City Hall in the Council Chambers on July 20,2011.
5 Substantive:
6
3. Site/Proaosal Descriplion. 'I'he Applicant has proposed to subdivide 8.60
7 acres into 24 single-family residential lots with new public i•ight of way, storm
8 draina�e facilitics, and sensitive areas tracts.
9 4. Deviation Requests. Wyncrest irivolves two requests for deviation. In one
deviation request, the Applicant requests a deviation to Aubui7i's Design Standards,
�p Table 10-1 Roadway Width, which requires conshuction of a center turn lanc as part
of a 34 foot wide Residential Collector road. The Applicant proposes to not provide a
11 center-turn lane, liut uistead accommodate/improVe a bike lane as supported by the
12 city's comprehensive plan. The sile is constrained along 64`�' Abenue South by the
presence of a wetland (Tract A). Were the Applicant to provide both the six foot bike
13 lane and the center turn lane, the wetland would be impacted much more severely.
Additionally, the provision of hoth facilities would require lhe developer to moVe the
�4 stormwater detention facility(Tract E� as weLl as Iose at least one development lot on
tlie south side of proposed South 299` Street. The ]ocation of the proposed deten6on
15 tract is constrained by the presence of a second wetland (Tract D). If the dete�rtion
16 facilily were to be moved, it would have to move to the other side of Tract D. This
would resuft in the loss of up to six additional development lots. The City's engineers
17 have reviewed the proposed changes and have found the provision of "a single
throagh land in either direction on 64 Avenue South is supporlable due to the
18 projected tralfic volumes in the vicinity." The City Engineer concurs witli this
deviation request.
]9
20 In tlie other deviation request, the Applicant requests a deviation &om Auburn's
Desi�n Standards Table 10-3 Minimum Inteisection Spacing. The deviation reqttested
21 is from the minimum intersection spacing as required by city code. The city Code
requires 250 feet of space between intersections. The Applicant has proposed
22 reducing the intersection spacin�between South 298�'Place and South 299°i Street on
67U'Avenue Soutli from 250 feet to 194 feet.
23
24 The developable portion of the site is constrained by the presence of e critical steep
slope on ihe southeast portion of tHe site(Tract B) and a wetland on the southwestem
25 portion of the site (Tract A). The proposed location of South 298�h Place is fixed in
that it matches the proposed centerline of the adjoining Frederic Allen Preliminazy
Plat (King County) ta the east of the site. 5taff suppo►ts the Applicant's analysis that
"the purpose of providing m.inimum intersection spacing is to ensure that queue
(PA01573Z4.DOC:R00083.9000001 j .
Preliminnry Plat p. 3 Findings, Conctusions and Decision
ORD.D Page 129 of 280
lengths for left turns into respective streets do no interfere with one another." In this �
� case, the releVant left turn movemerits do not intersect. Additionally, the roads in
Z question have veiy light traffia The staff have conc[uded"left tum queue lengtlis for
Uiese sh•eets will not unpact one another and the reduced inteisection spacing will not
3 create an adverse impact on public safety." The City Enguieer concurs with the
deviation request.
4
5. Characteristics of the Area. Single-family homes are located to the west
5 on R-5 zoned pioperty. Undeveloped land and delached single family homes on R-5
6 zoned properiy sun•ound the remainder of the subject propeity.
� 6. Adverse Impacts. All adverse impacts have been identified and
adequately mitigated.
8
As disodssed in Finding of Fact No. 8 below, the pmject encompasses several critical
� areas, but all tUese critical areas are protected by plaeing them in critical area tracts or
10 subjecGng tliem to development buffers. As discussed in Finding of Fact No. 4 above
and in Finding of Fact No.. 7 below, all trafFic and other infrastructure needs have
1� been assessed and mitigated as well.
12 The Muckleshoot Tribe exp��essed concem that the culvert under 64th Avenue South
would impose a complete fish passage ban�ier. The Tribe was also interested in
13 receiving more information regarding the sheam buffer. Staff noted that the stream
14 N'as aL•eady impassable to fish due to the design of a downsti�eam culvert at 65th
Avenue South, the intermittent nature of the stream and a 16% gradient downsli^eam
15 of 64th Ayenue South. In response to the Tribe's concern regarding tha stream
buffer and 6u£fer averaging, the staff suggested a condition of approval for the
16 decision. As conditioned, the potential environmental impacts to the sh•eam a»e
mitigated.
l7
tg The prelinninazy plat site map demonshates the potential lot layout for 24 proposed
lots and five tracts (Tracts A-E}. A few of these proposed lots, including Lots 4, 7
19 and 13, have irregular lot lines. The dimensions of these particular Lots appe8r to be
inflnenced by the adjoining critical areas, or in the case of Lot 13, by an access tract
20 for an off-site lot as well as an adjoining critical area. The creation of lots with
Zl irregular lot lines can be problemadc because they may create confusion over
boundary lines. Boundary line disputes may result. Irregular lot lines near critical
22 areas can also unintentionaily create an opportunity for encroachment on critica(areas
h•acts. It is possible the staff have already considered tfiis issue and fow�d the
23 proposed lots ai�e the most feasible alternalive. In the event the issue of irregular lot
lines has not elready been considered,a condition of approval addresses the issue.
24
z5 The Federal Way School District has i�equested the Applicant provide raised and
lighted crosswalks across 641h Avenue South based on their site review and tlie
District's reqniremcnts for student safety. Specifically, they have recommended,
"this crosswalk should be raised, as on a speed buinp, to encourage slower speed in
{PA0757324.DOC;1100083.9DU0001}
Preliminary Plat p. 4 Findings, Conclusions and Decision
ORD.D Page 130 of 280
the neigliborhood. Sigriage indicating a crosswaltc ahead should also be placed in the
t neighborliood. It would also be beneficial to use LED lights on the signage to
2 indicate student use." There is notHing in the record to counter the findings made by
the 3chool Dishict on the ueed for an enhanced crosswalk. A condition of approval
3 will be to either comply with the School District's request for a raised, lighted and
signed ci•osswalk or demonstrate to the satisfaction of staff that enNancements are not
4 reasonably necessary for child safety.
5 7. Adequac� of Infrashvcture. Specific issues on infrastruch�re are
6 addressed below:
� A. Road Design. With the exception of tlie deviations requested, all
firontage improvements and internel road improvements satisfy City code
8 requireinenis. The City detemiined a traffc study was not requu•ed. With the
exception of the deviations noted above, the project complies with all applicable City
9 of Auburn road standards.
10 B� Lmerge�rcyAccess. The preliminary plat proposes a 20 foot wide
emergency access easement opposite the current alignment of South 300°i 5treet on
11 64`h Avemie Soulh. The staff report notes the easement is sufficient at this Gme;
however, a condition of approval will require construction of the access when the
12 number of lots utilizing this access rcaclies 25. The present proposal is for a 24 lot
subdivision. The subject property is adjaoent to undeveloped land on the north, south
13 and east. The property to the east is owned by the Applicant. Though this pibject is
14 not part of a phased development, this project's internal road network and the zoning
and ownership status of surrounding propeities indicate future subdivision
15 development ivill ocour on the north, east snd south of the propeity. At some point in
the future, the proposed emergency access easement will seivice more than the 241ots
1G cdiTently proposed. At such Ume, the Applicant will he requii�ed to develop the
�� emergency access easement to City standards.
C, Drainage. The Applicent submitted a Preliminary Storm Report (Exhibit
18 10). Staff have found i6et the proposed drainage p.lan complies with tHe 2009 Auburn
Surface Water Management Manual, ACC 13,48 and the City of Aubwn Design
19 Standards which prohibit any increase in any off-site stormwater run-off or any
change in tho off-site flow patterns. As proposed, the project has edequate drainage
2� facilides.
D. Sewer. Sewer will be provided by the Lakehaven Utiliry District, who has
21 issued a certi6cate of sev�ier availability for the project See Ex. 9.
ZZ E. Water. Water will be provided by ihe Lakehaven Utility Dislrict, who has
issued a certificate of water availabiliry for the project. See Ex. 8.
23 F. Sidewalks. Sidewallcs will be provided for the inte�nal roads (67�'Avenue
South, South 298°i Place and South 299�'Place)and along 64 Ayenua Sonlh. As pa�K
Z4 of the deviation requcst, the Applicant proposes to provide a six foot bike lene along
25 64'h Avende Sonth. There ai�e no connecting sidewalks in the vicinity. Children will
walk to school. The Applicant sulimitted a School Walkway Malysis (Exliibit 13).
The Federal Way Schoo! District resp�nded to the School Walkway Analysis in an
{PA0751324.DOC;I\00083.9000001�
ORD.D Preliminary Plat p. 5 Findings, Conclusions and Decision
Page 1 1 of 280
email ou March 21, 2011 requesting a raised cross walk on 64`�' Avenue South.
1 Compliance with this request will Ue a con8ition of spproval.
Z G. Schools. School iriipact fees are assessed at the time of building permit
issuance to pay for school facilities. 5ince scliool impact Cees are used to fund sdopted
3 leve{ of service standards, it is presunied in the abscnce of further evidence that the
impact fees assure adequate school facilities.
4 H. Parks. Perk impact fee.s ere assessed at the time of building pennit
iss.uance to pay for park facilities. Since park impact fees are used to fund adopted 'i
5 level of service standards, it is presumed in the absence of further evidence that the
6 impact fees essure adequate pazk facilities. I
I. IYre. Fire unpact fees are assessed at the time of building peiinit
� issuance to pay for fire and emergency services facilities. Since fire impact fees are
used to fund adopted level of seivioe standards, it is presuined in tl�e absence of
8 fuither evidence that the impact fees assure adequate fire and emergency services I
facilities.
9
10 g' Criticai Ai�eas. The Applicant submitted a Critical Areas Report for
Wcdands, Sh�eams and Wildlife Iiabitats (Exhibit I1) as well as a Geotechnical
11 Report (Bxhibit 12). There are two wetlands, a seasonal stream and steep siopes
located on tlte property. In accordance with ACC 16.10.090.E.F, both wetlands and
12 their associated buffers will be placed in oriGcal areas tracts (Tract A and Tract D).
The steep slopes and their associated buffer will be placed in a separate critical areas
�3 tract(Trect B). Though the on-site stream was identified in the Critical Areas Report,
14 no provisions for protection of the stream were noted in the staff report. A
supplement to the staff report (Exhibit IS) was prepared in ►�esponse to Guestions
15 about regarding tlie stream treatment &om the Muckleshoot Tribe. In the supplement,
staff suggests an additional condition of approval to proteot tlie stream and its buffer.
16
17 CONCLUSIONS OF LAW
18
Procedural:
19
1. Authoritv of Hea�'in� Examiner. ACC 17.10.050 grnnts the Hearing Examiner
20 with the anthority to issue fmal decisions on prelimina►y plat applications.
Z1 Unfortunately, the Examiner's authority on deviation requests is not as clear as that
22 for review of subdivision applications. ACC 17.18.010 requires the Heaz•ing
Examiner to review and decide upon deviations to the City's design standards with
23 the concurrence of the City Engineer. However, Section 1,03 of the City's Design
Standards pmvides diat the City Engineer shall approve devialions to the Design
24 Standa��ds and the decision is not subject to Hearing Examiner review. Rules of
25 statutory construclion provide that the more recently adopted provision supersedes the
older provision and the more specific provision sdpersedes ihe moie general
provision. These two rules of conshvction olso conflict in this case. THe ordinances
adopting ACC 17.10.050 (Ordinance No. 6239) and the Gity's design standards
{rno�s�sza.�oc;��000a�sa0000��
Preliminaiy Plat p. 6 Findings, Conclusions and Decision
ORD.D Page 132 of 280
(Ordinance No. 6283) were botli approved liy the City Council in 2U09, with the
� design stnndards the more recently adopted. Of the two pinvisia�s, ACC 17.10.050
2 is the more specific since it only applies to short subdivisions and subdivisions
whereas Section 1.03 applies to any development involving in5•astructure
3 unpro4ements. Since the Examiner concurs with the recommendations of the City
En�ineer on the deviation reqi�esis of this application, this conflict of authority does
4 not need to be resolved at this time. Howeve�•, tHe next time that a deviation reqnest
is submitted to the Examiner staff is requested to provide more background on-ihe
S legislative history of the two provisions so that a decision can be made as to which
6 conirols. Consultation witlt the City Attomey's OfFice may be necessaiy to clear up
this ambiguity.
7
Substantive:
S
� 2. Zonina Desi ng ation. The property is zoned Single Pamily Residential
District, R-5. Thc Auburn Coinprehensive Plan designation for the property is Sirigle
10 Family Residential.
11 3. Review Criteria and Application. The criteria for preliminaiy plat
12 epplications are goveined 6y ACC17.10.070. The criteria for deviations are governed
by ACC 17.18.030. The criteria for prelimiria►•y plat and deviation approval are
13 satisfied as outlined below where each criterion is quoted in italics and applied
tlunugh conesponding Conclusions of Law.
l4
ACC 17.10.070: Prelrmrnar•y ylats shall only be approved if findings o,f fact are
15 draivn to support the following:
16 ACC 17.10.070(A): Adequate provisrons are made for the p�rblic health, safety and
17 g"eneral ivelfqr•e and for open spaces, drairrage ivays, sr��eers, alleys other ji:rblic tivoys,
water supplies, sanita+y wastes, parks, p1aY grounds and sites for schools and school
lg grosrnds.
19 4. As discussed in the Fi�tdings of Fact, adequate infrashvcture serVes_the
20 project while at the same time the project creates no significant adVei�se impact. The
project's higher densities also accommodate urban growth aiid thea'eby fiu4her tBe
Z1 public policy considerations of the Growth Management Act, Chapter 3G.70A RCW.
Given all these factois, adequate provision is also made for the public health, safety
22 and gcneral welfare. The criterion is satisfied.
z3 ACC 17.10,070(B): Conforirrance of the p!•oposed subdivlsron to �he gener'al
24 p:n�oses of ihe contpr'ehensive plan
25 5, As discussed in depth in tHe staff i�port for the proposal and incorporated
in this concltision by reference, the purposes of the comprehensive pla�i have been
met by this application. ,
(PA075737A.DOC;1\00063.9000001}
Preliminazy Plat p. 7 Findings, Conclusions a�id Decision
ORD.D Page 133 of 280
I
ACC 17.10.070(C): Conforn�ance of the ���oposed subdivision to the general
l pu�poses of any other applicable policies or plans which have been adopfed by the
2 crty counci(
3 (, 'Che proposed street system that serves the project is consistent with the
Comprehensive Transportation Plan adopted by the City Council.
4
ACC 17.10.070(D); Confor•mance of the l�roposed subdiVision to the gener•al
5 purposes of this ritle as enumerated in ACC'17.02.030
6 �. As discussed in depth in the-staff report for the proposal and incorpo��ated
� in this conclusion by reference, tlie project is in conformance with the general
purposes of Title 17 ACC. Conclusions of law related to the request for deviations
8 aze discussed below under l�eviations.
9 ACC 17.10.070(E): Confornwnce ojlhe proposed subdivision (o lhe Auburn zonrng
10 ordtnance and arry oth_er applicaGle plpnning or• engrrieering s►andards and
speci,�cations us adopted by �he crry or ns niodiJJed and approved as part of a
I1 p�•eviously approved PUD
�2 g, As discussed in deplh in the staff repori for the proposal and incoiporated
in this conclusion by reference (including staffls analysis of ACC 1'1.16), the project
13 9s in conformance with Ciry development standards as requii�ed in the criterion quoted
14 above.
15 ACC 17.10.070(�: The potential environmental impacts of(he proposed subdivision
are mitigared such that the prelirntnar•y plat will aot have an unaccepta6le adverse
16 effect:ipon!he qualiry of�he environment
17 9. The Applicant lias thoroughly mitigated all impacts to critical areas as outlined in
18 Finding of Fact No. 8 and all infrastructure needs are addressed as identified in
Finding of Fact No. 7. The project also been through review under the State
19 Environmental Policy Act, Chapter 43.21C RCW, and no olher environmental
impacts were identified in that process or otherwise evident fiom tlie record. The
20 project was issues a SEPA DI�]S on Juae 21, 2011 with no development conditions
imposed. The criterion is satisfied.
21
22 ACG 17.10.070(G):Adequate provisrons are made so the prelimrnaiy plat ivi!!
prevenf or nbate public nuisarrces
23
10. No public nuisances are discemable from the i�ecord.
24 .
25
DEVIATIONS
sPA0757324.DOC:n000a3.9oo000�s
Preliniinaiy Plat p. 8 Tindings,Conclusions and Deeision
ORD.D Page 134 of 280
t ACC 17.18.030(A): Such modificalion is necessary because ofspecial circw�tslances
Z related to Ihe size shape topography location or sru�roundings of fhe subject pl•oyerty
to provide the oivner ivith development rights and privileges permit(ed to olher
3 prope�'ties rx the vicinity and in the zoning dish•ict in whtch 1he subject�roperry is
located.
4
ll. For lhe inteisection spacing deviation, the topograpliy, location and
5 snrroundings of the property justify the request. The developable portion of the site is
6 constrained by fhe presence of a cs•iticaf steep slope on tlte southeast portion of tlie
site (Tract B) and a wetland on the southwestern pw�tion of the site (Tract A). The
� pinposed location of South 298°i Place is fxed in tfiat it matches the proposed
centerline of ihe adjoining Frederic Allen Preliminaiy Plat (King Couniy) to the east
8 of the site. Were the location of South 299t�' Street moved soudi to accommodate tl�e
Ciry's required intersection spacing, the result would be the loss of at least five lots
9 because the remaining developable area would be inadequate to provide lots which
�0 meet the ininimum dimensional requirements of the City code. Staff supports the
Applicant's analysis that "the purpose of providing �ninimum intersection spacing is
11 to ensure that queue lengths foi left tuiros into respective su•eets do no interfere with
one another." In this case, the relevant left twn movements do uot intersect.
12 Additionally, tlie roads in question have vbry light traffic. The staff have concluded
"left hun queue lengths for these streets will not impact one another and the reduced
13 intersection spacing will not create an adverse impact on public safety." The
deviation is necessa�y to provide for usable development space between the southern
14 boundary of the plat and South 299�h Street without adversely affecting traffic flow oi
15 safety and while preserving the critical steep slopes and wetlands on site.
16 As to the roadway width deviation, the typical road standard for a Residential
Collector includes three lanes, rivo tluu lanes and a center turn lane as well as curb,
17 gutter and sidewalk. The City's comprehensive plan also calls for a six foot bike lane
1$ in this area, The Applicant proposes to provide the required width for the Residential
Collector but chauge the configuration to remove the center turn land and add a six
I9 foot bike lane. The site is constrained along 64°i Avenue South by the presence of a
wetland (Tract A). Wei� tlie Applicant to prbJide both the six foot bike lane and the
z� center tu�n lape, the wetland would lie impacted much more severely. AdditionAlly,
21 the provision of both facilities would require the developer to move the stormwafer
detention facility (Tract E) as well as lose at least one development lot on the south
22 side of praposed South 299`" Street. The locaHon of the proposed detention tract is
constrained by the presence o£a second wetland (Tract D}. If the detention fac.ility
z3 were to be maved, it would have to move to the other side of Tract D. Tlus would
result in the loss of up to six odditional de4elopment lots. The City's engineers have
24 rbviewed the proposed changes and have found the provision of"a single through
25 land in either direction on 64°i Avenue South is supportable dde to tha projected
trafFic volumes in the vicinity." The proposed change implements tlie comprehensive
plan, provides greater protection to the wetland and pi�eseives the development riglrts
[PA0757324.DOC;1100083.900060\}
Preliminary Plat p. 9 Findings, ConclusSons and Decision
ORD.D Page 35 of 280
and privileges of the developer while not adversely affecting traffic safety and flow.
1 This criterion is satisfied.
? ACC 17.18.030(B): That because ofsuch,special circirrnsfances Ihe develop�nent of
3 the property in sb•icl conformity w11h the provlsron of this Irlle ivill not allow a
r•easondble a"nd harmonious arse of Ihe property.
4'
12. As described in detail above (Conclusion I 1), for the interseation spacing
5 deviation, adherence to the applicable interseetion spacing requirement would reduce
6 the usable area of the land without providing a safety benefit or pi�eserving cridcal
az�as. Additionally, deviation from the intersection spaoing will allow the Applicant
� to create Soutli 298°i Place in sucli a manner that it matches the prbposed road
centerline for the Frederic Allen Preliminary Plat, a harmonious continuation of a
8 public street tivbugh m_ultiple privete developments. Adherence to the intersection
spacing requirements would not only deprive the Applicant of reasonable and
9 haimonious use, Uut would also adversely af£ect the preservation of the onsite steep
10 slopes and wetlands arid their associated 6uffers by forcing the roadway toward them.
11 As to the roadway width deviation, strict adherence to the applicable road profite
i�equirements would require the construcHon of an nnnecessary center turn land while
12 pi�ecluding the construction of a six foot bike lane. A wider street profile would also
increase the iiripact on the onside wetlands and associated buffers while reducing the
�3 number of lols the developer could create, Staff are not concemed about safety or
14 other adverse impacts because 64`h Avenue South serves relatively ]ittle traffic.
Given these factors, the deviances requested are necessazy for reasbnable use and
15 hazmonious use of the propeity. This criterion is satisfiecl.
16 ACC 17.18.030(C): That Ihe modification rf granted �vill not alter the chai•acter of
the neighborhoad or 6e deh•inrental to surro2rnding properldes in tivhich the property
�� is located
18 13, The deviations will not be detrimental to the suriroupding properties or the
�g safe flow of haffic as the roadway width will be the same with a slightly different
configuration and left turns from the various sri•eets wi{l not impact each other. This
20 criterion is satisFied.
21 ACC 17.18.030(D): Such »todifrcation will not be materlally deh'ilrrental to the
22 inrplementa�ion of !he policres and objectives of fhe comprehensive land use
circulalion and utilrty ylans of the city
23
14. There is nothin� in the record to suggest that lhe requested deviations will
24 adveisely impact the impiementation of the comprehensive and utility plans of the
25 City. Tl�is oi•iterion is satisfied.
(PA07573JA.DOC;1100083.900W01}
Preliminary Plat p. 10. Findings, Conclusions and Decision
ORD.D Page 136 of 280
ACC 17.18.030(E);Lileral inteipretalion of the provrstons of�his tille �+�or�ld deprive
� the Applicant of rights cominonly enjoyed by other propertres in !he sanre zoning
2 clrsh•ict.
3 15. As previously discussed, tlie deviations will enable the Applicant to
construct a six foot biKe lane in conformance with the comprehensive p1an, proteot
4 on-site critical steep slopes and wetlands, provide a continuous public roadway
between the ApplicanYs developinent and the adjacent appiroved plat and maintain
5 usable space between die southern boundary of the plat and South 299`h Street. The
6 Applicant is providing tE�e same rosd width in a safe and efficient configuration and
fias proven the reduced intersection spacing will not present a safety hazard. Literal
� interpi�etation of the provisions of the title would iESUIt in die loss of at least five lots
while providing no public beneFit. The criterion is satisfied.
8
ACC 17.18.030(F): The approval of the mad f catron tivill be conslstent wilh !he
� pu�pase of this(itle
�d 16. The approvals of the modifcations.are consistent with the purpose of the
l l subdivision code as detailed in AGC 17.02.030 because they provide for adequate
infrastructnre while not materially coinpromising on safety or public corivenience.
12
ACC 17.18.030(G): The inodifrca�ion cannot lessen the requrre�ner7is of the zoning
13 ordinance.
14 19. Tha modifications do riot violate any Zoning Ordinauce provisions.
15
D�CISION
lfi
1,� The preliminary plat application and i�equested deviations are approved subject to
ihe following conditions:
18 1. On-site drainage f3ows will be engineered to funnel storrciwater to the
19 proposed Tract "E" detenrion faciliry, which will be engineered to allow water to
flow into the exisGng wetland in proposed Tract `'D" at no g�eater flow than the
Z� existin�flows from the p�npeity.
21 2. The Applicant sha(1 piovide sewer stubs to the parcels adjacent to all
z2 sewer main extensions.
23 3. Half street improvements shall be required for 64'h Averiue South in
accordance with City Design and Conshliction Standards with tfie exception of the
24 approved deviation to allow for no center turn lane and the addition of a six foot bike
25 lane.
{PA075737A.DOC;I10D083.9000001) �
Preliminary Plat p. 11 Findings, Conclusions and Decision
ORD.D Page 137 of 280
4. The final plat of Wyncrest will ca�•ry a plat condition requiring
1 improvement of the emergency access easement, in accordance with City standards,
2 when the number of lots utilizing said acccss i�eaches 25.
3 5. All tracts not dedicated to the Ciry of Aubi�rn shall be maintained by the
future Homeowners' Assoeiation.
- 4
6. If generated, the proposed Conditions, Covenants and Resu�ictions
5 (CC&R) for the future Homeowners' Association shall be snkimitted for reyiew and
6 appiroval by lhe City prior to final plat approval. Tliis document shall specify tNe
financial means of maintenance of all common open spaces.
7
7. The Applicant shall include on the face of the final plat a note that a
8 driveway encroachment exists and is being shown pui•snant to RCW 58:17.255. Eic.
Encroachment Note: "FYisling Driv�vny Encroachraents have been shoivn pursuant
9 to RCW 58.17.255 and shall Ge disclosed in the lille r•epor•� prepa!•ed by the trtle
1 Q insurer and rss:ied after the filing of 1he frnal plat°.
11 g• The Appticant shall seek Hydraulic Project Approval fi�om the
Washington State Department ofFish and Wildlife, if applicable.
12
9. At the time of submittal for the facilities extension agceement, the
13 ,4pp�icant shall provide evidence that no more than.35%of the stream buffer will be
14 impacted, and the proposed impacts will not result in any adverse impacts to the
stream.
15
10. Prior to final plat approval, the Applicant shall either comply with the
16 ScHool DistricYs reyuest for a raised cibsswalk with lighted signing or demvnstrate
to the saUsfaction of staff that enhancements are not reasonably necessazy for child
17 safety.
18
11. Prior to final plat approval, the staff sHall work with the Applicant to
�9 adjust lot lines to ensure each proposed lot is functional with as few angles as is
i�easonably practicable while still meeting minimum lot siae, width and other
20 dimensional requirements. Particular eniphasis should be placed on proposad Lots 4,
21 7 and ]3.
22 Dated this lst day of August 2011.
23
24 ���-�� ��,
25 Phil Olbrechts
City of Auburn Hearing Examiner
(PA0757J24.DOC;I\00083.900000V)
Preliminary Plat p. 12 Findirigs, Conclusions and Decisioii
ORD.D Page 138 of 280
1 Appeal
2 18.76.060 Appeal of liearuig examiner's decision: The hearing examiner's decisions
3 may be appealed to superior court in tHe manner prescribed in Chapter 18.66 ACC.
4
Change in Valuation
5
6 Notice is given pursuant to RCW 36.70B,130 that property owners who are affected
by this decision may request. a change iu valuation foA• property tax puiposes
� notwithsta�iding any program of revaluadon.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(Pn075'l324.DOC;1100063.900D00\} �
Prel'uninary Plat p. 13 Findings, Conclusions and Decision
ORD.D Page 139 of 280
• J
FIRST AMERICAN
11 VIII II I1I
I
1111111 III
X1111 II I ti ll
20150619000611
Return Address: FIRST AMERICAN ORD 77.00
Auburn City Clerk PAGE-001 OF 006 06/19/2015 12:07
City of Auburn KING COUNTY, UP
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Final Plat—Ordinance No. 6523
Reference Number(s) of Documents assigned or released:
UAdditional reference#'s on page_of document
Grantor(s) (Last name first, then first name and initials)
1. City of Auburn
Said documents were flied of
worn as an accommodation orgy.
Grantee: (Last name first) proper execution or as to lt3 affect
Schneider Homes upon title.
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Parcel A: The north half of the SW quarter of the NE quarter of the SE quarter of Section 2, TWP 21
North, Range 4 East WM in King County
® Additional legal is on page 3 of the document.
Assessor's Property Tax Parcel/Account Number:
9577900010, 9577900020, 9577900030, 9577900040, 9577900050, 9577900060, 9577900070, 9577900080,
9577900090, 9577900300, 9577900100, 9577900110, 9577900120, 9577900130, 9577900270, 9577900140,
9577900150, 9577900160, 9577900170, 9577900180, 9577900190, 9577900200, 9577900210, 9577900220,
9577900230, 9577900240
❑Assessor Tax#not yet assigned-
ORDINANCE NO. 6 5 2 3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE FINAL PLAT OF WYNCREST
WHEREAS, the City of Auburn received a final plat application for the Plat
of Wyncrest, Application No. PLT14-0004, the final approval of which is
appropriate for City Council Action; and
WHEREAS, the Preliminary Rat for this plat was approved by City's
Hearing Examiner on August 1, 2011 with identified conditions and requirements;
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. Schneider Homes, Inc. has made application for the Final Plat of
"Wyncrest".
2. The preliminary plat (PLT10-0010 City File) was approved by the City's
Hearing Examiner on August 1, 2011 as a single phase.
3. The preliminary plat of"Wyncrest" 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. The
applicant has provided a security in lieu of completion for the outstanding
improvements which includes the top lift of asphalt, monument installation,
and emergency vehicle access construction.
5. The final plat includes one publicly dedicated tract, Tract E, for the storm
drainage facility.
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.
Ordinance No. 6523
July 14, 2014
Page 1 of 1
2. The Plat is consistent with the Comprehensive Plan.
3. The Plat meets the requirements of Chapter 58.17 RCW.
WHEREAS, insofar as the plat meets the requirements of applicable codes
and plans, and the conditions and requirements of the preliminary plat, it is
incumbent on the City Council to approved the final plat, as no new conditions or
requirements can be added at this point.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Approval. Wyncrest, a subdivision involving property
located within the City of Auburn, Washington, which plat is legally described on
Sheet 1 of 5 of the Final Plat and set forth below:
PARCEL A:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE W.M. IN
KING COUNTY, WASHINGTON;
EXCEPT THE NORTH 98 FEET OF THE WEST 230 FEET THEREOF;
AND EXCEPT THE WEST 30 FEET LYING SOUTH OF SAID NORTH 98
FEET;
AND EXCEPT THE EAST 15 FEET THEREOF.
PARCEL B:
LOT 1, KING COUNTY SHORT PLAT NO. 283065, ACCORDING TO
PLAT RECORDED JANUARY 4, 1984 UNDER RECORDING NO.
8401040734, IN KING COUNTY, WASHINGTON; AND
LOTS 3 AND 4, TOGETHER WITH AN UNDIVIDED INTEREST IN
TRACT X, KING COUNTY SHORT PLAT NO. 283065, ACCORDING TO
PLAT RECORDED JANUARY 4, 1984 UNDER. RECORDING NO.
8401040734, IN KING COUNTY, WASHINGTON.
PARCEL C:
THE WEST 15 FEET OF THE FOLLOWING:
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
Ordinance No, 6523
July 14, 2014
Page 2 of 2
SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE W.M. IN
KING COUNTY, WASHINGTON;
AND
THE EAST 15 FEET OF THE FOLLOWING:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE W.M. IN
KING COUNTY, WASHINGTON.
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 Auditor's
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.
Ordinance No. 6523
July 14, 2014
Page 3 of 3
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.
JUL 21 2014
INTRODUCED:
PASSED: JUL 21 2014
APPROVED: JUL 21 2014
CIT Y OF AUBURN
`
(anti, f)C,d,LL.�1
NANCY l US
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED • -PTO FORM:
(o.„( A
Danie(B. Heidi
City Attorney
Published: JL \ SL\ ,a i - � w
Ordinance No. 6523
July 14, 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. 6523
(the "Ordinance") duly passed by the Council and approved by the Mayor of the said
City of Auburn, on the 21st day of July, 2014, as that ordinance appears on the
minute book of the City.
2. Ordinance No. 6523 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 24th day of July, 2014.
Witness my hand and the official seal of the City of Auburn, this 31st day of
October, 2014.
R-�sreahL�a� /
Danielle Daskam, City Clerk
City of Auburn