HomeMy WebLinkAboutItem VII-AWASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subiect Date:
Application No. PLT03-0002 March 30, 2004
Department: Planning Attachments: Hearing Examiner's Budget Impact:
report and referenced exhibits
Administrative Recommendation:
City Council to approve the preliminary plat based upon the Hearing Examiner's Findings of Fact,
Conclusions and Conditions; and, to instruct the City Attorney to prepare the necessary Resolution.
Background Summary:
The Hearing Examiner on March 16, 2004, conducted a public hearing on the request of H.C.
Thuline/Pinnacles, Inc., and DBM Consulting Engineers for the preliminary plat of 30.8-acres into 102
single family lots to be developed in two phases. The request also includes a modification to plat
standards related to park dedication, which will be considered in accordance with the provisions of
Auburn City Code (ACC) Chapter 17.18 and a request to utilize the reduced lot width provisions of the R-
1, Single Family Residential zone (ACC 18.12.040(B)(1)). The site is located at the northwest corner of
the Old Man Thomas Road and Lake Tapps Parkway intersection.
Subsequent to the hearing, the Examiner recommended to the City Council approval of the preliminary
plat.
The City Council may now either affirm the Examiner's decision, remand to the Examiner or schedule a
closed record hearing. The Council can only modify or disaffirm the Examiner's decision after conducting
their own closed record hearing.
HE\PLT03-2
L0405-4
03.5 PLT03-0002
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
[] Arts Commission COUNCIL COMMITTEES: [] Building [] M&O
[] Airport [] Finance [] Cemetery [] Mayor
[] Hearing Examiner [] Municipal Serv. [] Finance [] Parks
[] Human Services [] Planning & CD [] Fire [] Planning
[] Park Board []Public Works [] Legal [] Police
[] Planning Comm. [] Other [] Public Works [] Human Resources
Action:
Committee Approval: []Yes []No
Council Approval: []Yes []No Call for Public Hearing / /__
Referred to Until / /
Tabled Until / /
Councilmember: Singer Staff: Krauss
Meeting Date: April 19, 2004 Item Number: VII.A
AUBURN * THAN YOU IMAGINED
WASHINGTON
AGENDA BILL APPROVAL FORM
A~enda Subject " ' ....D~te: ---
Public Hearing Application No. PLT03-0002 inclUding a plat modification 3/11/2004
Department: Attachments: vicil~ity map, application, notice"of " 8u~iget Impact: "
applicatiOn, final staff evaluation, final DNS, notice of
Planning public headng, certification of posting of public hearing ..
notices, plat modification letter with attachments dated
12-2-03, request to use reduced lot width provisions,
comment letter from John Washam and C~ty response,
certificate of water av. ailability.
Administra.tjve Recomm~'ndation: '"
Hearing Examiner to reCommend to the City Council approval of the preliminary plat and plat modification
request and the request to utilize the'reduced lot width provisions of the R-l, Single Family IResidential
District bas. ed upon the Findings. of .Fact, Conclusions and Conditions as outlined.
Back, round Summan/:
REPORT OF FACT.S:
OWNER/APPLICANT: Roberta Matra, DBM Consulting Engineers
REQUEST: The preliminary plat of 30.8-acres into 102 single family lots to be
developed in two phases. The request also includes a modi~r, ation to plat
standards related to park dedication, which will be considerecl~ in
accordance with the provisions of Auburn City Code (ACC) Cilapter 17.18
and a request to utilize the reduced lot width provisions of the R-l, Single
Family Residential zone (ACC 18.12.040(B)(1)).
LOCATION: The site is located at the northwest corner of the Old Man Thomas Road
and Lake Tapps Parkway intersection.
EXISTING ZONING: R-l, Single Family Residential
EXISTING LAND USE The site is vacant.
COMPREHENSIVE The site has a "Single Family Residential" Comprehensive Plan
PLAN DESIGNATION: Map designation.
SEPA STATUS: The City issued a Final Determination of Non-Significance on February 18,
2004.
~ ~vleWed by Council & Commlttee~: ~ iVl~ed bY Dep;[rtm ei"rts & Dlvi~*t~ns:
IArts Commission C..OUNCIL COMMITTEES: X; Buildin. g ~' M&O
_~'Airport Finance _ g.ememry _ Mayor
Hearing Examiner - MunicipaI.Serv. ~-mance )< ParAs
_ Human Services - Planninq & CD ~ Fire )< Planning
Park Board - Public Works Legal X Police
Planning Comm, . 1- Other ~ Pu§lic Works _ Human Resources
Com~iffee Appr.oval: E]Yes [] No
Council Approvm: LIYesLINo Call for Public Hearing. I I
Referred td Until I /
Tabled U nflT'~ 'T-- -F--
Counci!mem'i:~er: Singer t Staff: Krauss .... "
Meeting Date: March 16, 20.04I Item Nu~nber: .....
AUBURN · MoP mAN You IMAGiNF, D
Aclenda ,Subject
Pubtio Hearing Application No. PLT03-0002 with plat modification
Date:
3/11/2004
The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties
are:
North Moderate Density Lakeland Hills South *, "singie family ' '"'
Residential Planned Unit Development residences
a, nd Moderate Density
Single Family Residential
Ea-~,'. Moderate Density · M(Xf~;~e Density single vacant.
Residential Family Residential
$ou~.h Ligi~t Commercial Lakeland Hills South Lake Tapps Parkway
and Public Quasi Planned Unit Development Right-of.way and
Public then commercia! land
West 'Moderate Density "Lakelar~d Hills South " 'Single: family
Residential .Planned Unit Development subdivision,
"Montiano"
FINDINGS OF FACT
The applicant has requested approval of a 102-1ot preliminary plat on approximately 30.8-acres. The
applicant has identified that the plat would occur in two (2) phases.
Phase I consists of 75 lots. Phase 2 consists of the remaining 27 lots. Phasing is proposed
because of a limitation on the number of lots served by a single access point.
The applicant has also requested a modif'm,,ation to the Land Division Code requirement (ACC
17.12.260) for the dedication of land for park and recreation purposes. In accordance with ACC
17.18.010. B, the modification request is being processed simultaneously with the preliminary plat.
The appficant has proposed to provide a mitigation fee in lieu of dedication of land for park purposes
to satisfy the requirements of ACC 17.12.260.
With respect to parks and playgrounds, ACC Section 17.12.260 states that the Auburn Parks and
Recreation Plan shall guide the requirements for land dedication for parks and recreation.
Specifically, the plan defines the formula as 6.03-acres of park land for each 1,000 residents and
further specifies that 75% of the acreage should be provided as 'Community Park' space, 12.5% of
the acreage provided as "Neighborhood Park' space and 12.5% of the acreage provide as 'Linear
Park" space.
The City of Auburn Parks and Recreation Director has calculated that the park dedication requirement
of this proposal would result in a public park space of approximately 1.57-acres, correlating to
approximately 1.15-acres of "communEy park' and 0.19-acres each of 'neighborhood park" and
"linear park". The projected development costs of these parks would be approximately $2:21,720.
The applicant has proposed and the City agrees to accept payment of $110,772 (50% of the
development cost) to the City in lieu of land dedication to be used in the development of the
undeveloped parks within the Lakeland PUD.
The applicanl has als0 requested reduced lot width provisions of the R-l, Single Family Residential
District. ACC 18.12.040. B. 1 permits up tO 20% of the lots within a plat of 50 lots or more to reduce
the minimum lot width to 60-feet (from 75-feet) if the applicant can demonstrate the reduction is
Page 2 of 7
Agenda Subject
Public Hearing ApDlication No. PLT03-0002 with plat modification
Date:
3/11/2004
necessary to accommodate proper lot or street layout due to physical constraints of the subdivision.
The reduction can only be granted if processed concurrently with the preliminary plat application.
6. The proximity of existing or proposed arterial streets to the south and the east limits the number of
access points that the proposal can create. The on-site topography along the eastern limits reduces
potentiar road alignments that might result in the creation of lots capable of meeting the 75-width
requirement. The reduced lot width would provide.for uniform rot development patterns, consistent
with the implied intent of the reduced code width provision. The request,,shoutd be granted.
7. The property was annexed into the City of Auburn in 2003 and the current R-1 (Single Family
Residential) zoning was established at that time.
8. The property has direct frontage on the Lake Tapps Parkway to the South and the ~uture extension of
Old Man Thomas Road to the east. Direct access to either of these roads, both ctassif~ as
~.arterial' corridors by the City's Trans ~£~ortation Plan, is prohibited for single-family residential lots.
The project will tie into and extend 69"' Street SE at its current eastern terminus and all I~ots will
access roads internal to the plat.
The City of Auburn will provide police protection, fire protection, sanitary sewer and storm drainage
services. The plat is within the Auburn School District and the City collects impact fees for the
School District.
10.
The City of Bonney Lake, pursuant to a previously executed agreement between the City of Auburn
and the City of Bonney Lake, will provide water. A water availability certificate has been issued by
the City of Bonney Lake for the proposal.
11.
Auburn Comprehensive Plan Policy TR-13 requires that all projects greater than 75 dwelli~ng units
provide two access points. While the project has identified that proposed "street B" will intersect Old
Man Thomas Road, the corridor for Old Man Thomas Road is current located off-site and the
applicant cannot build that portion of the road needed to provide the second access at this point in
time.
12.
The proposed phase lines identify the first 75-lots that can be constructed under "Phase 1"
consistent with Comprehensive Plan Policy TR-13. The remaining lots will be the second phase of
the plat after the second access point is established.
All lots created through the plat process must meet the development standards associated with the
applicable R-1 zoning district. Several lots do not appear to meet the minimum lot depth
requirements of the R~I zone (specifically proposed Jots 17-19, 40, 41, 44, 45 and 53). Adjustments
will need to be made pdor to final plat approvat to ensure that afl lots are platted to the required lot
depth standard.
14.
15.
The topography of the property and proposed lot configurations require the need to ensure that
structures meet the applicable setback requirements of City Code. If approved, the pretirninary plat
should be conditioned to ensure the accurate placement of the home/structure(s) in relationship to
the setbacks required from property lines, easements or other similar features associated with a lot.
The storm water management facilities are immediately adjacent to certain residential lots. If
approved, the preliminary plat should be conditioned to mitigate impacts of the storm drainage
facilities on residential lots within the plat.
Page 3 of 7
A.qenda Subject
Public Hearing Application No. PLT03-0002 with plat modification
Date:
3/11/2004
16.
The applicant's landscaping plan shall demonstrate plant material and landscaping within the
proposed storm drainage tract is consistent the City's Desi.qn and Construction Standards manual
requirements (6.06.6). These plans are reviewed during the civil plan review process that typically
Occurs alter preliminary plat approval.
17.
The City received one (1) comment letter during the public comment pedod associated with the
Notice of Application and Proposed Determination of Non-Significance (DNS). The comment
regarded a request to leave a buffer between this proposat and the adjacent subdivision to the east,
along the western limits of the proposed subdivision.
18. The contents of the case files, PLT03-0002 and the environmental file SEP03-0042, for this project
are hereby incorporated by reference and made part of the record of this hearing.
CONCLUSIONS
I. Preliminary Plat
Staff has concluded that the preliminary plat may be approved in that it is consistent with the, following
criteda necessary to approve a preliminary plat as outlined in Section 17.06.070 of the Land Division
Ordinance.
e
Adequate provisions are made for the public health, safety and general welfare and for open
spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes,
parks, playgrounds and sites for schools and school grounds.
Adequate provisions have been or can be provided to serve the plat. Pubfic utilities, public schools
and new streets will serve the proposed plat.
Conformance of the proposed subdivision to the general purposes of the Comprehensive
Plan.
The proposed plat is consistent with the general purposes of the Comprehensive Plan.
Conformance of the proposed subdivision to the general purposes of any other applicable
policies or plans that have been adopted by the City Council.
The proposed plat is consistent with adopted policies and plans with the exception of the requested
modifications that are addressed separately.
Conformance of the proposed subdivision to the general purposes of the Land Diviislon
Ordinance as enumerated in ACC Section t7.02.030.
The plat is consistent with the purpose of the Land Division Ordinance.
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.
The ptat has been or is capable of being designed in accordance with all applicable planniing and
engineering requirements including the City's Desitin and Construction Standards manual and all ·
development standards of the Auburn Zoning Ordinance.
Page 4 of 7
A,qenda Subject
Public Hearinq Application No. PLT03-0002 with plat modification
Date:
3/11/2004
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.
The proposal was evaluated under SEPA, City file no. SEP03-0042. The City of Auburn issued a
Determination of Non-Significance on February 18, 2004 'for the proposal.
II. Request for Plat Modification
Staff has concluded that a modification should be approved as the applicant has met the burden of proof
in demonstrating that it is consistent with alt of the following criteda necessary to grant a 'modification as
outlined in Section 17.18.030 of the Land Division Ordinance. An analysis of the application supporting
the modification criteria follows.
Such modification is necessary because of special circumstances related to the size, shape,
topography, location or surroundings 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 property is located.
Special circumstances do exist relative to the location or surroundings of the preliminary plat
proposal. The proposal is adjacent to the Lakeland Hills South Planned Unit Development ("Lakeland
PUD) on two sides. The Lakeland PUD has an extensive public park system that is available to
City residents, including a new and fully developed 15-acre park ('Sunset Park") located
approximately 1200-feet west of the proposal and a future, currently undeveloped 40-acre park ("Park
4") located approximately 3,000-feet east of the proposal.
That, because of such special circumstances, the development of the property in strict
conformity with the provisions of this title will not allow a reasonable and harmonious use of
the property.
The project will be capable of developing a more uniform design, consistent with the adjacent
neighborhoods without the dedication of the park land.
That the modification, if granted, will not alter the character of the neighborhood, o~r be
detrimental to surrounding properties in which the property is located.
Granting the modification will not alter the character of the neighborhood or resuJt in detrimental
effects to the surrounding properties. Adequate park land is availab;e near the proposed plat.
Such modification will not be materially detrimental to the implementation of the policies and
objectives of the comprehensive land use, circulation and utility plans of the City.
The intent of the Comprehensive Plan to provide for adequate park land is not impacted by the
requested modification. The goals of the Park and Recreation Plan are advanced through the
payment of the fee in lieu of dedication proposal because it provides funds not otherwise available to
complete the improvements of undeveloped and unfunded parks in the Lakeland PUD.
The modification will have no effect on circulation or utility ptans.
Page 5 of 7
Agenda Subiect
Public Hearing Application No. PLT03-0002 with plat modification
Date:
3/1112004
E. Literal interpretation of the provisions of this title would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district.
Auburn City Code 17.12.260 states: ~... It is the policy of the City to require park land dedication where a
proposed subdivision will result in a substantial increase in demand for park land or is neede;I to prevent
or abate public nuisances...'. Literal interpretation of this statement does imply that the dedication of land
be related to a substantial increase in demand. In this instance, the demand can be met through the
payment of the fee that will provide for developed park rand versus providing ~dditional undeveloped land.
F, The approval of the modification will be consistent with the purpose of this title.
Staff finds that the applicant has satisfied the burden of proof associated with the modification request
and is therefore consistent with the purpose of Auburn City Code Title 17.
G. The modification cannot lessen the requirements of the zoning ordinance. Any such
modification must be processed as a variance pursuant to ACC 18.70.010.
The Zoning Code is unaffected by this modification request. The provisions regarding land dedication for
park and recreation purpose is exclusive to Title 17.
Ifl. Request for Lot Width Reduction (ACC 18.12.040(B)(!))
The minimum lot depth requirement in the R-l, Single Family Residential district is 75-feet (Auburn City
Code 18.12.040. B). However, ACC 18.12.040. B.1 dOes provide an opportunity to reduce the lot width for
up to 20% of the lots within ptats of 50 lots or more to 60-feet when it is necessary to accommodate a
proper lot or street layout due to physical constraints of the subdivision.
Staff has concluded that the reduced lot width request may be approved in that it is consistent with
Auburn City Code 18.12.040(B)(1).
RECOMMENDATION'
Based on the Facts and Findings and Conclusions of the staff report, staff recommends that the Hearing
Examiner recommend to the City Council approval of the preliminary plat, plat modification and reduced
lot width request, subject to the following conditions:
The applicant shall install a sight-obscuring fence adjacent to the slorm drainage tracts along the
applicable property tines of proposed lots 1, 2, and 10 through 14.
In order to ensure the accurate placement of the home/structure(s) in relationship to the setbacks
required from property lines, easements or other similar features associated with a lot, the City's
Building Official may require that all applicable comers of the structure be surveyed and staked prior
to the pouring of footings or foundations.
The Finat Prat of those lots proposed as "Phase ti' shall not be accepted until such time as the "Old
Man Thomas Road' right-of-way is constructed and opened as a public street.
In order to meet the park and recreation land dedication requirements, the applicant shall enter into a
voluntary agreement with the City, in a format acceptable to the City, to provide a fee in lieu of
dedication equal to the amount of $1,086.86 per lot. The amount shall be paid prior to Final Plat
approval for each phase, based on the number lots proposed for each Final Plat application.
Page 6 of 7
Agenda Subiect
Public Hearinq AppliCation No. PLT03-0002 with plat modification
Date:
3/11/2004
Alt lots shall meet the development standard of the R-l, Single Family Residential District except that
the minimum lot widths for proposed lots 16, 18, 26, 74, 93, 95 and 98 shall be permitted at a reduced
width, not less than 60-feet, in accordance with Auburn City Code 18.12.040( B)(1 ).
HE~APP~STRP03-2
Page 7 of 7
APPLICATION NO.:
APPLICANT:
REQUEST:
LOCATION:
PLT03-0002
H.C. Thuline/Pina¢l¢~ Inc.
Request for preliminary plat approval of 102 lot single family subdivision
northwest comer of Lake Tapps Parkway and Old Man Thomas Road
PRELIMINARY PLAT
-APPLICATION ......
APPLICA~S NAME APPLICATION NI~v[BER
See. Twp..Rng. Area Code
Zone Existing Scheduled Heating
StaffProject Coordinator: &(cM~ ~ate Received
.......... ....................
COMPLETE THIS FORM WITH ALL ~ BI~N.. O TYPED
(except signatures) OR NF_~TLY PRINTED IN INK. IF ADDED SPACE
IS NEEDED, ATTACH THE ADDITIONAL REQUIRED PAGES TO
THIS APPLICATION.
NAME OF SUBDIVISION: Pinnacle Estates
Total area of subdivision: Acres: 30.8
Total number of lots: i03
Sq. Ft.: t,341,648
Total number of dwelling units:
Proposed. zoning:
103
Existing zoning: R-t
Proposed landus*: SinEle Family Residential Subdivision
Minimum size of lot as-shown on plat: 8,0 o 0 .sq. gt,
M/nimum lot width as shown on plat: 65 feet
Minimum lot depth as shown on plat: 100 feet
Proposed source of domestic water supply: City of Bonney Lake
Proposed sewage disposal system:
City of Auburn
AP?L%^PREL!MPLI
Rev. 10/27/9S
Preliminary Plat - Page 6
ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED-
BELOW OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE
LEGAL DESCRIPTION AND INDICATES THE PROPERTY OWNED BY EACH
APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND
UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND ITS
ATTACHMENTS.
PARCEL
NUMBER
052005-3050
NAME, ADDRESS & PHONE NUMBER
O'lea Prin0
H.C. Thuline
Pinacles, Inc.
16353 129th Avenue SE
Renton, WA 98058
(425) 228-2936:
SIGNATL~LE
DESIGNATED CONTACT PERSON:
Roberta Marta
Name: DBM Consulting Engineers
502 t6th Street NE, #312
Address: Auburn, WA 98002
City/Phone: '(253) 887-0924
APPLV'PRF..L1MPLT
Rev. 10/27D8
Preliminary Plat - Page 7
LEGAL DESCRIPTION OF PROPERTY
FEE PAYMENT: $500.00 and $50.00 per lot
DATE RECEIVED:
CASHIER'S INITIALS:
T.R. #:
APPL~P~LT
R~v. 10/27/98
Peter B. bewls, Mayor
WASHINGTON
NOTICE OF APPLICATION
This notice is to inform you that the City of Auburn has received the follo~ng application that may
be of interest to you. The application may be reviewed at the City of Auburn Department of
Planning and Community Development, 25 West Main Street, Aubum, WA.
Nature of Project or l~equest:
Location:
Date of Notice of Application:
Permit Application Date:
Date of Notice of Completeness:
File No:
Applicant:
Preliminary Plat of 30.8 acres into 102 single familly lois to be
developed in two phases.
Old Man Thomas Road & 62n~ SE
January 27, 2004
October 8, 2003
January 13, 2004
PLT03-O002
H.C. Thuline/Pinnactes, Inc.
In addition to the Grading Permit, the app/icant has also filed an environmental ~list
application (SEPA File No. 8EP03-0042). Based on the CitY's review of this environmental
checklist application, the City expects to issue a Determination of Non-Significance (DNS) for the
proposal in accordance with the optional DNS process identified in WAC 197-11-355.
This may be your only opportunity to comment on the environmental impacts of the
proposal.
........ -OtherPerml/ts-R~~~~ am r~-dired prior to the~ssuance of a 'SEPA
Determination; however, subsequent development will be required to obtain all necessary permits
r..o.r approvals that may include a subdivision, flood zone control permit, grading, facility extensions
and building permits, '
Additional Studies Provided with the Application: A traffic impact analysis has been prepared
and is available for review at the Auburn Planning Deparlment. ·
Public Comment Period: You are invited to comment, request a copy of the decision, w~.=n
available, and be made aware of any appeal rights. Comments must be received in writing by the.
Auburn Department of Planning and Community Development at 25 West Main, Auburn, WA'
98001-4998 before 5:00 p.m. on February '11, 2004.
Public Hearings: A public hearing before the Auburn Hearing Examiner for the plat is required.
Public notice will be posted at the site and mailed ten days prior to the hearing date.
A~~ ~ MOI~ THAIq YOU IMAG1NI~D
Statement of Consistency and List of Applicable Development Regulations: This proposal is
subject to and shall be consistent with the Auburn City Code, Auburn Comprehensive Plan,
Untfmm BUild'rog Code, Uniform Fre -Code.and Auburn Design and ~ Standa-ds.
Proposed Mitigation Measures: The City has issued a Proposed Determination of Non-
If you have ftalher ~ or questions related to this applicat~n, you may contact Shirley A/rd
of the planning Depalme~ at (253) 931-3090. If you call or write, please reference File, No.,
SEP03-0042.
FINAL STAFF EVALUATION FOR ENVIRONMENTAL CHECKLIST SEP03-0042
Date: January 26, 2004
Project Name: Pinacles Preliminary Plat
· Applicant:
H.C. THULINE/PINACLES, INC.
16353 129TM AVE SE
RENTON, WA 98058
ROBERTA MARTA
DBM CONSULTING ENGINEERS
502 16TM STREET NE
AUBURN, WA 98002
253-887-0924
Location: 1015 Old Man Thomas Road, Old Man Thomas Road and 62na SE
S-T-R: 05-20N-5E
Principal Parcel Number: 052005-3050
Parcel Size: Approximately 1,341,648 square feet (30.8-acres)
Proposal: The request for preliminary plat approval to create 102 lots and associated
improvements on a 30.8-acre parcel in the "R l", Single-Family zordng district.
Existing Zoning: "R 1", Single-Family Residential
Comprehensive Plan Designation: Sing/e-Family residential
A. Background: Pursuant to WAC 197-11-340(2), the City of AubUrn is required to send any
DNS which may result from this environmental review, along with the checklist, to the DOE, the
US Army Corps of Engineers, other agencies with jurisdiction, affected tribes, and interested
parties. Therefore, the City will not act on this proposal for fifteen days after the DNS issuance.
The applicant has indicated that the proposed plat wilt be constructed in two phases. The flint
phase will consist of approximately 75 lots, to be accessed from 62aa Street SE. The :second
phase, consisting of the remaining lots, rely on the development of Old Man Thomas Road (not
on the subject property) for access.
B. Environmental Elements:
Staff concurs with applicant's response to the environmental checklist application
questions from sections B. 1 through B.16, except as noted below.
3(LD. Run-off (including storm water): Additional information regarding storm water
discharge and systems has been requested prior to consideration of the plat application at public
hearing. That information will be reviewed and managed through the application of existing
subdivision and stormwater codes; rather than through mitigation measures imposed imder
SEPA.
Final Staff Evaluation for Environmental Checklists SEP03-0042
Page 2
12. Recreation: It should be clarified that City of Auburn requirements for park development
apply to pl.ats of 50 lots or more. If the applicant chooses to do m, the applicant may request a
modification from plat standards to allow for payment of a fee in lieu of property provision, to be
determined by and with the Auburn Parks and Recreation Depamnent. Applicant has submitted
such a request to the City;, City recommendation will be to enter into such an agreement with the
applicant so that funds collected can be used for neighboring park developments.
14. Transportation: Section (C) Parking, should clarify that off-strceet parking for each
individual dwelling unit will be provided per Auburn City Code.
The applicant has submitted a traffic study regarding the potential impacts of future ,development
at the site. This analysis indicates that, with the projected 52 trips westbound and 130 trips
eastbound, minor approach traffic volumes do not meet four way stop control or traffic signal
warrants per MUTCD and the corridor itself does not fall below thc city standard of LOS D.
Therefore no unmitigated traffic impacts appear to exist, and traffic impact fees would be
charged at the time single-family dwelling permits are acquired.
C. Conclusion:
Based on this analysis, the proposal can be found to not have a probable significant adverse
impact on the environment iflxarait requirements and any development conditions that may be
imposed upon the preliminary plat are properly implemented.
The DNS is based upon impacts clearly identified within the environmental checklist,
attachments, and the above 'FINAL STAFF EVALUATION FOR ENVIRONMENTAL
CHECKLIST,' and supported by Plans and Regulations formally adopted for the exercise of
substantive authority under SEPA.
The City reserves the right to review any future revisions or alterations to the site or to the
proposal in order to determine the environmental significance or non-significance of the project
at that point in time.
Prepared by:
Shirley Aird, AICP
Planning & Community Development
~ Peter B. Lewis, Mayor
.. 25 we=t Ma s~f, A~bum WA 9e00~-4~e, ~w.c~.~ubum.w~.u=, 2~3-93~.30e0
FINAL
DETERMINATION OF NON-SIGNIFICANCE
SEP03-0042
DESCRIPTION OF PROPOSAL: Prefimina P~at of 30.8 acres into 102 sin le fa il lots to ~v_~L~~
PROPONENT:
LOCATION:
H.C. Thuline/Pinnacles, Inc.
Oid Man Thomas Road & 62'~ SF
LEAD AGENCY:
The lead agency for this proposal has determined that it does not have a probable significant adverse
impact on the environment. An environmental impact statement (ELS) is not required under RCW
43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other
information on file with the lead agency. This information is available to the public on request.
RESPONSIBLE OFFICIAL:
POSITION/TITLE:
Paul Krauss, AICP
Director of the Department of
Planning & Communit~ Development
ADDRESS: 25 West Main Street
Auburn. Washington 98001
(253) 931-3090
Note: This determination does not constitute approval of the proposal. Approval of the proposal
can only be made by the legislative or administrative body vested with that authority, The
Proposal will be required to meet all applicable regulations.
Any person aggrieved of this final determination may file an appeal with the Auburn City Clerk within 21
days of the date of issuance of this notice. All appeals of the above determination must bo filed by 5:00
P.M. on March 10 2004.
AUBURN* oP.z YOU ^c;iNm
NOTICE OF
PUBLIC HEARING
Please be advised that the AUBURN HEARING EXAMINER on March 16, 20tM,~at 7:00 p.m. will. conduct a PUBLIC
HEARING on the following request:
APPLICATION NO. PLT034)007
The request of H.C. Thuline/Pinacles, Inc., for preliminary plat approval of 102 single family loB. The project is
located at the northwest corner of Lake Tapps Parkway and Old Man Thomas Road. The request also includes a
modification to plat standards related to park dedication which will be considered in accordance WRh the provisions
of Auburn City Code 17.18 and a request to utilize the reduced lot width provisions of the R-I., Single Family
Residential zone."
Pumuant to WAC 19% 11-535, this hearing will be open to the consideration of the environmental impact of the proposal.
All environmental documents prepared pursuant to SEPA for the subject proposal wilt be available for consideration at th/s
public hearing.
The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main S;t~eet. The public is
invited to attend to express comments or opinions. Written comments may be submitted prior to the he~ing to the Auburn
Planning Depamnent, 25 West Main, Auburn, WA. 98001. If you have further comments or questiom, please call the
Planning Department at (253) 931-3090. For citizens with speech, sight or hearing disabilities wishing to review documents
perm/ning to this hearing, should contact the Cily of Auburn within 10 calendar days prior to the meetfiqhg, as to the type of
service or equipment needed. Each request will be comidered individually according to the type of request, the availability
of resources, and the financial ability of thc City to provide the requested services or equipment. For the location of the
property, refer to the cross-hatched area on the map below.
CERTIFICATION OF POSTING
CERTIFICATION FOR THE FOLLOWING ACTIONS TAKEN PERTAINING TO:
APPLICATION NO. PLT03~0002
LOCATED AT: northwest comer of Lake Tapps Parkway and Old Man Thomas Road
PUBLIC HEARING NOTICES POSTED:
Tu Nguyen, Planning Department
CIVIL
LAND
DBM CONSULTING ENGINEERS
ENGINEERING DESIGN * INVESTIGATIVE ENGINEERING
PLANNING * SURVEYING * ENVIRONMENTAL SERVICES
December 2, 2003
ShiHey~
Caty of Auburn Planning Department
25 West Main Street
Aubum, WA 98001
RE: Pinnacle Estates Preliminary Pht- Justif~ation of Lot Wktth Reduction (Pht # H~T03-0002);
'DBM Job No. 02040
Dear Shirley:
The applicant is requesting to modify ACC 18.12.040(B) for the above noted project. This code
section aJLlows for a maximum of 20% of the lots in an R-1 zone (within a pht of 50 lots or more) to
be reduced to a lot width of 60' rather than a minimum of 75'.
This reduction in lot width is necessary for Pimaacle Estates in order to accommodate lots within the
cul-de-sac areas. Since the applicant is proposing a residential development with a neighborhood
atmosphere, cul-de-sacs have been proposed as part of the internal road network.
Ukin~tely, lots 16, 18, 26, and 74 of Phase I would have lot widths under 75', and lots 93, 95, and
98 of Phase II are proposed to have lot widths under 75'. This is only 7% of the total lots, which is
well under the 20% allowed. These narrower lots have been spread out across the proposed
development.
Please review this_ request in association with the above noted preliminary plat. Should 'you have any
questions, please feel free to contact me (253-887-0924, extemion 101) or via e-mail
(roberta. marta~ dbmengineers.com).
Project Planner
RLMa-m
cc: Wade Thulim, Th, d~. Co~n
H.C Tl~d;,~. lafmd~
Brandon McDowe~ DBM
\\ N'ISERx-:ER\DB~JOB I~t£S\02040\Ct.~:s'?O~)~.~3;\I~.-rr~S\C~q-GOtN6\ 12-0303 J~I~i¢~ON
502 16TH STREET NORTHEAST · SUITE 312., AUBURN, WASHINGTON o 98002
AUBURN (253) S$?-0924'o FAX (253) gB?-0925
WWW-DBMENG1NEERS.COM · DBMODBMENGINEERS.COM
December 2, 2003
PINACLES, INC.
16353 I29TM AVE. S.E.
RENTON, WA. 98058
PARKS AND RECREATION,
PiNACLES INC. ACCEPTS THE MITIOATION FEE'S ON A PER LOT BASES
SUBMITTED BY AUBURN PARKS DEPARTMENT. WE HAVE ATTACHED
AND SIGN-ED THE MITAOATION FEE SCHRDULE ACKNOWLEI~ING OUR
· ACCEPTANCE OF $1086.86 PER UNIT.
AS STATED IN THE LETTER RECEIVED FOR MITAGATION , THE~ ,ARE
TWO UNFLrNDED PARK PROJECTS REMAINING IN THE LAKELAND
DEVELOPMENT, 8 ACRE PARK AND 40 ACRE PARK. WE THINK IT
WOULD BE BENEHCI~ TO THE COMMUNITY TO CONTRIBUTE TO TIlE
COMPLETION OF THESE PARKS RATHER THAN CREA1TNO A SMALl, PARK
WITHIN THE PERIMETERS OF PINNACLE ESTATES.
THANKYOU FOR THE INFORMATION ON PARKS AND RECREATION
MITIGATION. WE LOOK FORWARD TO WORKING WITH THE CITY OF
AUBURN AND CREATINO A POSITIVE IMPACT ON ITS CO~TY.
RESPECTFULLY SUBMITTED,
H.~C. ~IL_ ~INE PRESIDENT PINACLES. INC.
~ DATE
PINACLES, INC.
DATE ~.,.~.~
Wade Thul.in~.,
Thc information you requested is attached'
BaSed on inventory of .lo, ark facilities ~hatare fully developed, as of thc adoption of
om' last Parks, Recreation and Open Space plan, our I~.' vel o,f Service (LOS) is 6.03
acres per 1000 residems. ?his figure .compares favorable Wi~h the smnda~ts
recomm~, nded by the National Recre..ation and'Parks A~. scciation as' well ~t 9th .er.
Seattle area citi~. 'The following ordinance addresses this requil~ment,
Where dedication of land for park and recreation purposes, is required, the council
shall be guided by the pOlicies arid recommended standards'of the Aubur0. park and
recreation plan, It is .the policy of the City to require park land dedication where a
proposed subdivision'will result in a substautiaHncrease in demand for pa~t: lar~l.' or is
needed to prevent or abate public nuisances. Generally, this will occur wh~re a
subdivision will .result in the creation Of lots.capable of supl~orthtg 50 or more
residential: dwelling units; however, where it iS determined that the propc~xi
subdivisi'on, together with any reasonably anticip~cl fuhm~.development on adjacent
or nearby land, will act in a cumulative manner, to. iubstantially inc~ demand for
park]and, dedication may be. required of smallersubdivisions, Tbe'accep!abiliiy. of
· the size, configuration and location of land proposed for pad/dedication shall be
determ!_ned by the city counci! based uP°n such factors as.topography, drahmg~,
natural amenities and access. (Ord.. 51.64 § 1, 1998;.Ord. 4772 § 1, 1995; ord. 4296 §-
2, 1988.)
Further, h'm Parks and Recreation Plan, Chapter 3, page 3-21 indicates: "rb.e"
recommended siandard of 6.03 acres per 1,000 population will apply'to all :new
residemial develo .lXaenCs required to mitigate impacts on the community by' paying
imp.act fees or providing developed park land." ·
Since we have not adopted any impact fees for parks, this suggests that plats are
required.to dedicate 6.03 acres/1000 of developed parkland.
Attached is. a calculation of the park development impact of'the proposed 102 lot
Pinnacle Estates Development: The proposed development is locatefl within the
.service area of both the Lakeland Linear Park and Simset Park. Two Unfunded park
projects remain iii lhe Lakeland de~;elopment; .8:A .ere Park and 4C-Acre Pari~ It is
my reconm~ndation, that the City of Auburn require. ~ developer of Pinnacle Estates
to pay Impact Fees in lieu. of meeting.the park dedication requirement, By ~bing so
the city will ben~ by not adding a small park t° it inventory and .the develi~er will
not lose land from his existing inventory of developable Pmper~y,' 'l~lese fuixls will
b~ u,~xl for the design and development of two future parks in the vicinity of the
Pinnacle Estate development..
Fee!s..Pinacles, inc
'H,C. 'ThUline
102 Single-family units
2:5 residents'per unit
102 units X 2.5 residents
= 255 residents
· . 255 resident~ X standard of 6.03 acres· per. 1,000 .= 1.537 acres requ'i~,d
~ Current Park ·Development Standard . 6.03 acres Per 1,000
· 4.52 acres of Community Park, 75%'of standard
" · .75 acres of NeighborhoOd Park, 12,5% of. standard` ·
· ' ,75 acres of Linear Park, 12,5%"of standard
C°mmUnityParks=1.15aores @ $1'66i250 per acre = $191;187'
Neighborhood Parks = .i9 acres @ $113,300 peracre = $21,527
· Linear'Parks =..1'9 acres @ .$47,4.00.pe.r acm = $9,006'
TOTAL " -- $221,720.
$221,720 divided by 102 homes= $2173.72 per unit
'50% of park develoPment paid by Fees' $1086.86 per Unit.
Auburn Department of Plannlng and Community Deveolpment
25 West Main
Auburn WA 98001
John Washam
6718 Perry Ave SE
Auburn WA 98092
19 Jan 2004
Good day: · ..
I recently read the Notice of Application posted for the usage of 30 aere~ behind
my home to be Used for future r~sidential developmenL This is regarding a recent
application by H.C. Thuline~innacles, Inc. (File No. PLT03-0002). I have no problem
with the planned development, however I would suggest that some consideration be
given to the over 32 families that purchased adjacent properties before this development
was announced.
When I was considering purc~ a home in the adjoining Lakeland - Monfiano
development, the ide~ of hsving a grccn~lt behind the property for privacy was a nmjor
f~ctor. We do enjoy the privacy the greenbelt gives.
My suggestion, as well as thc suggestion of a couple of my neighbors, is ~
preserve a 30 to 50 foot gap between the future community and the Ia~cl~md prot~rfies.
This would allow us to still enjoy a semi-greenbelt area for privacy mad for the ~utnre sale
value of our homes, and would also offer the same privacy to dozens of thc residents of
the new development by H.C. Thulinc/Pinnacles, Inc. This may allow them to increase
the pricc of properties ~minst thc greenbelt, also. As the. years go by, the greenbelt will
become thick and mature. And will be a natural addition to the growing community.
I think this is a win-win proposition. Please consider our~suggestion.
Thank you,
John Washam
· ~ Peter B. Lewis, Mayor
~' ~ WASHINGTON ~w~n~n~, ^ubumWA~0]-~, www.ci.c~
February 13, 2004
JOHN WASHAM
6718 PERRY AVE SE
AUBURN, WA 98092
RE: Pinnacles, inc. comments, SEP03-0042
Dear Mr. Washam:
Thank you for your comment letter on the above-referenced project, which was
received on February 5, 2004.
I understand that your concern is related to the separation of the proposed
development and your neighborhood by means of preservation of a greenbelt or
similar feature.
You may not be aware of this, but the proposal that you have commented u~pon, is
in a zoning distdct that requires significantly larger lOts than typically found with the
Lakeland Hills South Planned Unit Development. The subject development has
also been under consideration by the applicant for several years. The City does
not require the preservation of greenbelts between adjacenf, geighborhoods nor do
we typically require that screening be provided by the less intensive of two
abutting land uses.
I do appreciate your comments and have considered them before making the
decision to issue the Final Determination of Non-Significance. As you are likely
aware, the project does require a public hearing and you are welcome to voice
your concerns at that time as well. A notice of hearing will be sent to you in 'the
future. If you have any questions or additional concerns regarding the process for
this projecl please contact Sean Martin at 253-804-3111.
Sincerely,
Director and SEPA Official
Department of Planning and Community Development
AUBUKN * you
CRy of Auburn
25 West Main Street
Aubum, Washingtort 98001-4998
Fax (253) 931-3053
crrY OF AUBURN CERTIFICATE OF WATER AVAILABILITY
Number Name
[] Building Permit ~'~ Prellmirmry Plat or PUD -
~} Short ,.,~Jbdtvblon [] Rezone er ob~er
Wa~er Purveyo~ Iofermalk~ ' '
I
1. I--I a. Water wi be provided by service COnneclfon (xtly te an existing (size) water main that
is, ,feet from the site.. OR
O b. Water m~vice wi require an impmvemeN to the water system of:.
[~ -teet of wa~ main te reac~ the site; and/Or
2. ~T"'"a.' ~o~_
· The water system ~- in confca,mance with a Co<tory-approved water <~ompreheosive plao.. OR
[] b. The water system ~nt is nol in con~3tmance with a County.approved water
comprehensive pten and wi reclotre a wa~ mml:$'~'~mslve plan amendment (thts may cause a
delay in issuance of a permit. m approval).
3. ~"'"~a. The proposed project is wtthln the approved warm' service area of the purveyor or has been
graflted Bo~ Review Board al:)pfoval f4x' extensk~ of service oufltide Ihe purveyor's water
service area, or is served by a Co~tl¥.al~x~&qKI sate#rte maneged wa~ter systern. OR
4. [] a. . Water is er will be ava#able at the rate offlow ar)d durelion ir~dicated below at
bultding/prope~ during maximum day demand ( or a~ marked on lhe ~tactmd map):
in 7"/g, pressurezerm:Highestetevatlotlofpro~ G~-O 'est. mln. pressure ~'O psi-
less tl~n 2 hours
O Flow test of n~3m 2 hours or mom
(Note: All bu#dlng permils other than ait~e f'am~ msiden6al, require a minimum 2,500 gpm for 3 hours.
[] b. cerllflcates of water t~ght er water claims sulflcJent to provide service. OR
~ Date
Peter B. Lewis, Mayor
IIII II I I ! II II I
25 West Idain Street · Auburn WA 9800!.d998 ~ www.ci.aubum.wa.u~, 253-931-3000
April 9, 2004
H.C. THULINE
PINNACLES, INC.
16353 129TM AVENUE SE
RElqTON WA 98058
ROBERTA MARTA
DBM CONSULTING ENGINEERS
502 16th STREET NE//312
AUBURN WA 98002
RE: APPLICATION NO. PLT03-0002
Dear Sirs:
Attached is the Hearing Examiner's official recommendation regarding your request that was considered by the
Hearing Examiner on March 16, 2004. The City Council wilt consider your request on April 19, 2004 in the City
Council Chambers at 7:30 p.m. You or a representative are requested to be at that meeting to answer any
questions the City Councilmembers might have regarding your proposal.
If you have any questions regarding the attached, please give us a call.
Paul Krauss, AICP
Director
PK:pz
Attachment
cc: Brannon McDowelI, DBM Consulting Engineers
Building Department
Public Works Department
City Clerk
HEkDEC~PLT03-2
AUBURN, MOVE THAN YOU IMAGINED
FINDINGS AND DECISION
OF THE HEARING EXAMINER FOR THE CITY OF AUBURN
APPLICATION:
APPLICANT:
RE(~UEST:
LOCATION:
APPLICATION FILED:
SEPA STATUS:
DATE OF PUBLIC HEARING:
DECISION ISSUED:
DECISION:
STAFF REPRESENTATIVES:
PUBLIC TESTIMONY:
PLT03-0002
Thuline/Pinnacles, Inc. and DBM Consulting Engineers, Inc.
The preliminary plat of 30.8-acres into 102 single family lots to be
developed in two phases. The request also includes a modification
to plat standards related to park dedication, which will 'be
considered in accordance with the provisions of Auburn City Code
(ACC) Chapter 17.18 and a request to utilize the reduced lot width
provisions of the R-I, Single Family Residential zone (.ACC
t8.12.040(B)(1)).
The site is located at the northwest comer of the Old Man Thomas
Road and Lake Tapps Parkway intersection.
October 8, 2003
Final Determination of Non-Significance on February 18, 2004
March 16, 2004
April 9, 2004
Recommend approval
Scan Martin, Senior Planner
Daryl Faber, Director of Parks and Recreation
Brannon McDowelI, DBM Consulting Engineers, Inc.
DECISION
For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this
preIiminary plat application is approval subject to conditions.
REQUEST FOR RECONSIDERATION
Any party of record who feels the decision of the Examiner is based on error of procedure, fact or jiudgment, or
the discovery of new evidence may file a written request for reconsideration with the Hearing Exanniner no later
than seven days from the date of mailing of the decision. Reconsideration requests should be addressed to:
Hearing Examiner, 25 West Main Street, Auburn, WA. 98001-4998.
CITY COUNCI,.L ACTION
This decision of the Hearing Examiner is a recorrmaendafion to the City Council and will be considered by the
Council at their April 19, 2004, meeting. At the April I9, 2004, meeting the Council may either a/~firm the
Examiner's recommendation, remand the decision back to the Examiner, or schedule a closed record public
hearing.
BEFORE THE HEARINGS EXAMINER
FOR THE CITY OF AUBURN
In the Matter of the Application of
Pinnacle Estates
For ApprovaI of a Preliminary Plat
NO. PLT03-0002
ORDER ON REQUEST
FOR CLARIFICATION
On March 29, 2004 the Hearing Examiner of the City of Auburn issued a
recommendation of approval for the above captioned matter. The recommendation
included 5 conditions that were supported and submitted by the City of Auburn Planning
Department. On April 7, 2004 a planner for the City requested clarification of~the
recommendation by seeking the source of support in the Findings for condition No. 2.
The e-mail request of the planner shall be exhibit 16 of the record.
Condition No. 2 read as follows:
2.In order to ensure the accurate placement of the home/structure(s) in
relationship to the setbacks required from property lines, easements or other
similar features associated with a lot, the City's Building Official may require that
ail applicable comers of the structure be surveyed and staked prior to the pouring
of footings or foundations.
The Auburn Planning Department submitted that no finding in the Hearing Ex~miner's
recommendation supported this condition. While the Department is correct in stating that
conditions should be supported by Findings from the record the source of the condition
dan also be found in the ordinances of the City of Auburn. The Auburn City Code
establishes required setbacks from property lines, easements and other similar fi.-atures.
Even though the Findings may not specifically address the setbacks the Applicant is not
excused from any requirements that are mandated in the Code. The source of Condition
No. 2 is the setback standards of the ACC. As a means of satisfying those setbacks the
City's Building Official has authority to require all applicable comers of the structures on
the lots be surveyed and staked prior to the pouring of footing or foundations.
Further the March 29, 2004 Recommendation is amended to reflect that the City Code of
Auburn is cited as the Auburn City Code (ACC) and not the Auburn Municipal Code
(AMC).
Dated this 7th day of April, 2004.
is M. Driscoll, Heari~tg Examiner
BEFORE THE HEARINGS EXAMINER
FOR THE CITY OF AUBURN
In the Matter of the Application of
Pinnacle Estates
For Approval of a Preliminary Plat
NO. PLT03-0002
FINDINGS, CONCLUSIONS
AND RECOMMENDATION
SUMMARY OF RECOMMENDATION
The Hearing Examiner recommends to the Auburn City Council that the request for preliminary
plat approval to subdivide 30.8 acres into 102 single-family lots should be approved subject to
conditions as listed herein. The requests for approval for a modification to land dedication
standards and for reduction of lot-width standards for the plat should be granted subject to plat
approval and the conditions as listed herein.
SUMMARY OF RECORD
Re uq_u_~
Mr. Brandon McDowell of DBM Consulting Engineers (Applicant) requests approval from the
City of Auburn (City) of a preliminary plat application to subdivide 30.8 acres into 102 single-
family residential lots. As part of the plat request, the Applicant seeks approval to modify the
plat standards of AMC 17.12.260, which relate to parks and playgrounds. The Applicant also
seeks approval to reduce the width of seven of the proposed 102 lots as provided in AMC
18.12.040(B)(1). The project site is located at the northwest comer of the Old Man. Thomas
Road and Lake Tapps Parkway intersection. ~
The Hearings Examiner for the City of Auburn held an open record public hearing on March 16,
2004.
Testimony
The following individuals presented testimony under oath at the open record public hearing:
1. Mr. Sean Martin, City of Auburn Planner
2. Mr. Brandon McDowetl, Applicant's Representative
3. Mr. Daryl Fabre, Director of Auburn Parks and Recreation
Exhibits
The following exhibits were admitted at the open record public hearing:
Exhibit 1
Exhibit 2
Staff Report dated March i 1, 2004
Area Map showing project site
The legal description is the Northwest ¼ of the SW ¼ of Section 5, Township 20 North, Range 5 East, W.M,
Exhibit 14, Preliminary Plat Map.
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11
Exhibit 11 a
Exhibit 1 lb
Exhibit 12
Exhibit 12a'
Exhibit 13
Exhibit 14
Exhibit 15a
Exhibit 15b
Exhibit 15c
Exhibit 15d
Preliminary Plat Application
Legal Description of Subject Property
Notice of Application
Staff Evaluation for Environmental Checklist dated January 26, 2004
SEPA Determination of Nonsignificance dated 18, 2004
Notice of Public hearing
Certification of Posting dated March 2, 2004
Letter from DBM Consulting to City 6fAubum dated December 2, 2003
Letter from Pinnacles, Inc to Auburn Parks and Recreation Department dated
December 2, 2003
Letter from Auburn Parks and Recreation Department to Pinnacles, Inc undated.
Calculation of Park Fees Worksheet
Letter for Comment from Mr. John Washam dated January 19, 200,4
City of Auburn Response Letter to Mr. Washam dated February 13:, 2004
City of Auburn Certificate of Water Availability dated December 30, 2004
Preliminary Plat Map
Level One Downstream Analysis dated December 2, 2003
Geotechnical Report dated December 17, 2003
Traffic Impact Analysis dated December 2003
Technical Information Report dated January 14, 2004
Upon consideration of the testimony and exhibits admitted at the open record hearing, the
Hearings Examiner enters the following Findings and Conclusions:
FINDINGS
The Applicant requests approval from the City of a preliminary plat application to subdivide
30.8 acres into 102 single-family residential lots.2 As part of the plat request, tlhe Applicant
seeks approval to modify plat standards in AMC 17.12.260 for parks and playgrounds. As
allowed in AMC 18.12.040(B)(1) the Applicant also seeks approval to reduce the width of
seven of the proposed 102 lots. The project site is located at the northwest corner of the Old
Man Thomas Road and Lake Tapps Parkway intersection. Exhibit 1, Staff Report, page 1.
The subject property is zoned R-I Single-Family Residential, and the City of Auburn
Comprehensive Plan designates the subject property as Single-Family Residential. The R-I
zoning standards requires a minimum of 8,000 square-foot lots; a maximum lot depth of 100
feet; maximum lot coverage of 35 percent; 25-foot front yard setbacks; 25-foot rear yard
setbacks; and a maximum height of 30 feet. AMC 18.12.040; Exhibit 1, Staff Report, page 1.
The proposed plat satisfies these standards. Exhibit 1, Staff Report; Testimony qf Mr. Martin.
The Comprehensive Plan encourages managed growth to enhance the community and
maintenance of the City's character as a family community. Auburn Comprehensive Plan,
Chapter 2, Goals 1, 4. The proposed plat wilI satisfy this goal. Testimony of Mr. Martin
2 The proposed subdivision would be developed in two phases. The first phase would create 75 lots:, the second
phase would create the remaining 27 lots. Testimony o.£Applicant.
Findings, Conclusions & Decision
Hearings Examiner for the City of Auburn
Pinnacle Estates, PL T03-0002
Page 2 of I 0
With the exception of seven lots with reduced widths, he lots of the proposed plat are
designed to satisfy the development standards for the R- 1 zoning district. Exhibit 14,
Prelimina~_ Plat Map.
R-1 zoning standards require a minimum lot width of 75 feet. AMC 18.12.040(B)(1).
However, a reduction of lot width is permitted for up to 20% of lots in a subdMsion that will
have 50 or more lots, and where it is necessary to accommodate a proper lot or street layout
due to physical constraints of the subdivision. Lbts of reduced width must be dispersed
throughout the subdivision and cannot be clustered in one area. AMC 18.12. 040(B)(1).
The seven lots with the reduced lot width would allow the property to be developed to City
of Auburn density standards. The seven lots represent approximately seven-percent of the
102-lot subdivision and will be distributed between two cul-de-sacs.. Exhibit I0, Letter from
DBM Consulting Engineers; Testimony of Mr. McDowell.
AMC 17. t 2.060 establishes that a substantial increase in demand for park land is created if
subdivision is developed with a plat that has fifty or more residential units. Wi!th such a
design, the City requires dedication of land for parks and recreation. As an alUmaative, the
Applicant can provide moncy for a fund for such purposes. Testimony of Mr. Martin.
The Auburn Parks and Recreation Plan has established requirements for land dedication for
mitigation for parks and recreation impacts. The Auburn Parks and Recreation Plan provides
that 6.03 acres be set aside per 1,000 residents, and that 75% of the acreage be "community
park" space; 12.5% of the acreage be "neighborhood park" space; and 12.5% of the acreage
be "linear park" space. Exhibit 1, Staff Report, page 2.
The calculated land needed for dedication for parks for the subdivision is 1.57 acres. The
land represents 1.15 acres of"community park,". 19 acres of"neighborhood park" and. 19
acres of"linear park." Exhibit 1, Staff Report, page 2: Exhibit l la. Letter from Auburn
Parks and Recreation Department. In lieu of dedication, the Applicant has agreed to pay
fees to the park fund. Testimony of Mr. McDowell. Thc City Parks and Recreation
Department identified the development costs for 1.57 acres as $221,720. Testimony of Mr.
Fabre; Exhibit lib, Fees Worksheet. Thc Applicant and City agreed that the Applicant pay
$1,086.86 per lot in lieu of dedicating land for parks and recreation. Exhibit 11, Letter from
_Pinnacle dated December 2, 2003; Exhibit 1 la, Letter from Auburn Parks and.Recreation;
Exhibit l lb, Fees Worksheet.
The park fees were calculated based on consideration of the availability of a large nearby
community park and other park amenities in the area. The Lakeland Hills South PUD is
located adjacent to the subject property on two sides. The PUD contains an extensive park.
system, which is available to the public. The Applicant and City testified that the Lakeland
Hills Park would be adequate to serve the proposed subdivision. The agreed mitigation fees
would in part contribute to the maintenance and development of City parks. Testimony of
Mr. Martin; Testimony of Mr. McDowell.
Findings, Conclusions & Decision
Hearings Examiner for the Ci~ of Auburn
Pinnacle Estates, PL T03-O002
Page 3 of JO
The proposed plat includes seven public streets that would provide internal access to the
proposed lots. Exhibit 14, Preliminary Site Plan. All streets would contain sidewalks, curbs
and gutters. The Applicant will dedicate the internal streets to the City as right-of-way.
Testimony of Mr. McDoweil; Testimony of Mr. Martin.
10. In the City, projects that are greater than 75 residential units must provide two access points.
Auburn Comprehensive Plan, Policy TR-13. The Applicant proposes access off69th Street
S.E. and a future access point with Old Man Thomas Road. Exhibit 1, Staff Report, page 3:
Exhibit 14, Preliminary Plat Map. Presently, Old Man Thomas Road does not extend to the
proposed access point. Therefore, the Applicant would terminate the internal street (Street
B) near the future access point until it can be connected to Old Man Thomas Road. Exhibit
1, Staff Report, page 3: Textimony of Mr. Martin.
11'. The City of Auburn would provide police and fire protection, and sanitary sewer and storm
drainage services would be available. Exhibit 1, Staff Report, page 3. The City of Bonney
Lake would provide the water service for the proposed subdivision. Exhibit 13, Certificate of
Water Availability.
12. The proposed subdivision would be located within the Auburn School District. The City
representative testified that impacts to area schools can be mitigated by payment of impact
fees from the Applicant. The present school impact fee schedule as approved by the City
Council results in a fee of $3,250 per residential lot for the propose plat. Testimony of Mr.
Martin. The Applicant testifed to agreement with payment of the impact fees for schools as
calculated by the City. Testimony of Mr. McDowell.
13. The Applicant proposes to construct two drainage tracts (Tracts A & B), which would serve
the subdivision. Tract A is located adjacent to proposed lots 10-14; Tract B is located
adjacent to lots I & 2. The proposed drainage tracts would connect with City drainage
services offsite. Exhibit 1, Staff Report, page 3; Exhbit 14, Preliminary Plat Map. The
preliminary drainage plan has been reviewed and satisfies City requirements. Testimony of
Mr. Martin.
14. Pursuant to the State Environmental Policy Act (SEPA), RCW 43.21 C, the City of Auburn
was designated as the lead agency for review of any environmental impacts resulting from
the development. After consideration of all available environmental documents, the City
issued a Determination of Nonsignificance (DNS) for the proposed subdivision on February
t8, 2004. Exhibit 7, SEPA DNS. The DNS is a determination by the City that the proposed
subdivision will not have probable significant adverse environmental impacts. WA C 197-11-
340. No appeals of the threshold determination were filed.
15. The City reveived one comment letter related to the proposed subdivision. In the
correspondence, the proximity between existing development to the west and the proposed
subdivision was discussed. The comment requested that a green-belt be established between
the existing residences and the proposed residences within the subdivision. Exhibit 12,
Letter from Mr. Washam.
Findings, Conclusions & Decision
Hearings Eocarniner for the Ci~. qf Auburn
P~nnacle Estates, PL T0 3-O002
Page 4oflO
16. The City provided reasonable notice of the public hearing to interested parties. Testimony of
Mr. Martin. The City posted notice on the subject property on March 2, 2004. Exhibit 9,
Affidavit of Posting.
CONCLUSIONS
Jurisdiction
The Hearings Examiner is granted jurisdiction to hear and make a recommendation to the City
Council pursuant to RCW 36.70.970 and AMC 17.06.050 and 18.66.030.
Criteria for Review
!,. Prelimina.~_ Plat
Auburn Municipal Code 17.06.050 provides criteria for review for preliminary plat applications.
Such applications shall only be approved if the Applicant satisfies the following:
A. Adequate provisions are made for the public health, safety and general welfare, and for open
spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes,
parks, playgrounds and sites for schools and school grounds;
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 AMC 17.02.030;
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 part of a PUD pursuant to AMC Chapter 18.69;
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; and
G. Adequate provisions are made so the preliminary plat will prevent or abate public nuisances.
The above criteria are similar to the criteria provided in RCW 57.17.110, which the: Applicant
must also satisfy for approval of a preliminary plat application. RCW 58. I7.1 ! 0 requires that:
Appropriate provisions must be made for the public health, safety and general
welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways,
transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds and all other relevant facts including
sidewalks and other planning features that assure safe walking conditions for
students who only walk to and from school; and the public interest must be served
by the subdivision.
RCW58.1ZilO.
Findings, Conclusions & Decision
Hearings Examiner for the City of Auburn
Pinnacle Estates, PL T03-O002
Page5oflO
II. Modification to Land Dedication Standar~
An Applicant may receive approval to modify land dedication standards upon sati..sfying the
criteria set forth in AMC 17.18.030. The Ordinance requires proof that:
A. Such modification is necessary because of special circumstances related to the size, shape,
topography, location or surroundings of the subject property, to provide the owner with
development fights and privileges permitted to other properties in the vicinity and in the
zoning district in which the subject property is lobated;
B. That, because of such special circumstances, the development of the property in strict
conformity with the provisions of this title will not allow a reasonable and harmonious use of
the property;
C. That the modification, if granted, will not alter the character of the neighborhood, or be
detrimental to surrounding properties in which the property is located;
D. Such modification will not be materially detrimental to the implementation of'the policies
and objectives of the comprehensive land use, circulation and utility plans of the city;
E. Literal interpretation of the provisions of this title 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 purpose of this title;
G. The modification cannot Iessen the requirements of the zoning ordinance. Any such
modification must be processed as a variance pursuant to AMC 18.70.010.
Lot Width Reduction
AMC 18.12.040(B)(1) allows lot width reduction to 60 feet for 20% or less of the lots in
subdivisions of 50 or more lots. The Applicant must prove that a reduction is necessary to
accommodate a proper lot or street layout due to physical constraints of the subdiviision.
Conclusions Based on Findings
Prelim. ina~ Plat
Adequate provisions are made for the public health, safety and general welfare and for
open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary
wastes, parks, playgrounds and sites for schools and school grounds. The Applicant
proposes a subdivision that has addressed the above elements. The Applicant proposes to
develop seven public streets with sidewalks, curbs and gutters for the residential lots in the
subdivision. The Applicant proposes to construct an on-site drainage system that would
release drainage water to a City system located off-site. Adequate public services, including
sewer services, are available to the site, and the City of Bonny Lake would proxdde water
service. Conditions of approval relating to access to Old Man Thomas Road will ensure that
adequate access is provided to all residential lots. The Applicant will contribute mitigation
fees for parks and recreation, as well as for the Auburn School District. Findings of Facts
Nos. 1-13.
o
The proposed subdivision is consistent with the general purpose of the City of Auburn
Comprehensive Plan. The proposed subdivision would support the policy of managed
growth and enhance the character of a family community. Finding of Fact No..2.
Findings, Conclusions & Decision
Hearings Examiner for the CiO, of Auburn
Pinnacle Estates, PL T03-O002
Page 6 of lO
The proposed subdivision is consistent with the general purposes of any other
applicable policies or plans, which the Auburn City Council has adopted. Thc proposed
plat is generally consistent with any other applicable policies or plans of the City of Auburn.
The proposed plat will provide a living environment with optimum standards fbr single
family development. Findings of Facts Nos. 1-14.
The proposed subdivision is consistent with the general purposes of AMC Chapter
17.02. Thc proposal is generally consistent with thc policy of thc Auburn Land Division
Ordinance. Thc proposed subdivision will promote the public health, safety arid general
wctfare and satisfy the purposes set forth in AMC 17.02.030(A)-(K). Thc requested
modifications do not create inconsistency with thc Ordinance and are discussed below.
Findings of Facts Nos. 1-13_
With conditions of approval, the proposed subdivision is consistent with the Auburn
Zoning Ordinance and other applicable planning or engineering standards and
specifications as adopted by the City. Thc proposed plat would mcct the development
standards for thc R-1 zoning district. Thc request for lot-width reduction is addressed below
and will not create inconsistency with thc Ordinance. Conditions of approval related to lot-
width reduction and R-I zoning standards will ensure consistency with the Auburn Zoning
Ordinance. bYndings of Facts Nos. 1, £, 3, 4.
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. The City conducted environmental review and issued a SEPA DNS on
February 18, 2004. Finding of Fact No. 14.
Adequate provisions are made so the preliminary plat will prevent or abate public
nuisances. No evidence or testimony was submitted that questioned the creation or
existence of any public nuisances.
The proposed subdivision is consistent with the provisions set forth in RCW 58.17,110.
As described in thc above conclusions, the proposal satisfies the standards for p.rcliminary
plat approval.
Modification to Land Dedication Standarde
Such modification is necessary because of special circumstances related to the size,
shape, topography, location or surroundings 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 property is located. The location
of the proposal is unique in because it is surrounded by an extensive park systera in Lakeland
Hills South PUD. Because of this amenity near the site, the Applicant requested approval of
pa3anent of fees in lieu ora land dedication for parks and recreation. Strict adherence to land
dedication standards would result in additional parkland that might be an inefficient use of
property. Findings of Facts Nos. 1, 5-8.
Findings, Conclusions & Decision
Hearings Examiner for the Ciw of Auburn
Pinnacle Estates, PL T03-O002
Page 7 of lO
Because of such special circumstances, the development of the property in strict
conformity with the provisions of this title will not allow a reasonable and harmonious
use of the property. It would be unnecessary, and possibily an inefficient use of property,
to require the Applicant to dedicate land for parks and recreation because the proposed
subdivision is near the extensive park system in Lakeland Hills South PUD. Allowing
payment of mitigation fees as an alternative to land dedication would allow the Applicant to
develop the project site with uniformity and progidc resources to the City for maintenance of
its park system. Findings of Facts Nos. 1, 5-8.
That the modification, if granted, will not alter the character of the neighborhood, or be
detrimental to surrounding properties in which the property is located. Because
adequate park and recreation land is available to accommodate the subdivision, the
modification would not alter the character of the neighborhood or be detrimenllal to
surrounding properties. Findings of Facts 1, 5-8.
Such modification will not be materially detrimental to the implementation of the
policies and objectives of the comprehensive land use, circulation and utiliity plans of
the City. The agreement to provide mitigation fees would serve a similar purpose to land
dedication. The adjacent park system in Lakeland Hills South PUD would provide
substantial availability of park and recreation land. Mitigation £ees would allow construction
unfunded park and recreation land. The project would support the policies and objectives of
the Comprehensive Plan. Findings of Facts Nos. 1-14.
Literal interpretation of the provisions of this title would deprive the applJicant of rights
commonly enjoyed by other properties in the same zoning district. Auburn Municipal
Code 17.12.260 requires park land dedication when a subdivision will result in a "substantial
increase in demand." Based on guidelines set forth the thc AMC, the proposed subdivision
would create a substantial demand £or park land. However, Lakeland Hills South PUD has
parkland that would accommodate thc demand created by the proposal, and thc: literal
interpretation o£AMC 17.12.260 could result in an inefficient result. Requiring the
AppIicant to dedicate parkland could create a surplus o£park land. Fees in lieu of dedication
would contribute to the maintenance and development o£thc City park system. Findings of
Fac~s Nos. 1, 5-8.
The approval of the modification will be consistent with the purpose of this title. Based
on the conlusions discussed above, the modification request should be granted because it is
consistent with the provisions in Title 17. Findings of Facts Nos. 1, 5-8.
The modification cannot lessen the requirements of the zoning ordinance. Any such
modification must be processed as a variance pursuant to AMC 18.70.010. The proposal
will not lessen the requirements of the Auburn Zoning Ordiance.
Findings, Conclusions & Decision
Hearings Examiner for the City of Auburn
Pinnacle Estates, PLT03-O002
Page8oflO
Lot Width Reduction
The characteristics of the subject property creates conditions where a reduction of lot-
widths are necessary to accommodate a proper lot and street layout. Auburn Municipal
Code Section 18.12.040(B)(1) allows a reduction of lot width for 20% or less of lots within
plats with 50 or more lots when necessary to accommodate a proper lot and street layout.
Under such circumtanccs, lot widths may be reduced to a width of 60 feet. The Applicant
requests lot-width reduction for seven lots, which represents approximately seven-percent of
the total lots. Because of the configuration of the two cul-de-sacs, a lot width reduction is
necessary to accommodate a propery lot and street layout. Findings of Facts Nos. 2, 3, 4.
DECISION
Based upon the preceding Findings and Conclusions, it is recommended to the Aubum City
Council that the request for preliminary plat approval to subdivide 30.8 acres into 102 single-
family lots should be approved subject to conditions as listed herein. The requests for approval
for a modification to land dedication standards and tbr reduction of tot-width standards for the
plat should be granted subject to plat approval and the conditions as listed herein:
1. The Applicant shall install a sight-obscuring fence adjacent to the storm drainage tracts along
the applicable property lines of proposed lots 1, 2 and 10 through 14.
In order to ensure the accurate placement of the home/structure(s) in relationship to the
setbacks required from property lines, easements or other similar features associated with a
lot, the City's Building Official may require that all applicable comers of the structure be
surveyed and staked prior to the pouring of footings or foundations.
3. The Final Plat of those lots proposed as "Phase II' shall not be accepted until such time as
the "Old Man Thomas Road" fight-of-way is constructed and opened as a public street.
In order to meet the park and recreation land dedication requirements, the Applicant shall
enter into a voluntary agreement with the City, in a format acceptable tot he City, to provide
a fee in lieu of dedication equal to the amount of $1,086.86 per lot. The amount shall be paid
prior to final plat approval for each phase, based on the number of lots proposed for each
final plat application.
All lots shall satisfy the development standard of the R-t Single Family Residential District
except that the minimum lot widths for proposed lots 16, 18, 26, 74, 95 and 98 shall be
permitted at a reduced width, not less than 60-feet, in accordance with Auburn City Code
18.12.040(B)(1).3
3 At the hearing, the Applicant's representative stated that the numbering of lots as depicted in Exhibit 14 was likely
to change. However, the location of the reduced lots would not be changed. Thus, if the numbering does change,
Condition No. 5 applies to the location of the identified. Any changes should be identified on the final plat map.
Findings, Conclusions & Decision
Hearings Examiner for the Ci~ of Auburn
Pinnacle Estates, PLT03-O002
Page 9 of 10
Decided this'~day of March 2004.
~'ub~uirn Hear~'ngs-E~aminer ~
Findings, Conclusions & Declsion
Hearings Examiner for the Ci~ of Auburn
Pinnacle Estates. PL T03-O002
Page 10 pf 10