HomeMy WebLinkAbout10-18-2004 ITEM VIII-B-2CITY OF
AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject Resolution No. 3768 -
Date:
Application No. PLT04-0004
10/14/2004
Department: Planning
Attachments: Resolution No. 3768,
Budget Impact:
H.E. Decision, Staff Report, Vicinity
Map, D.N.S., Application
Administrative Recommendation:
City Council adopt Resolution No. 3768.
Background Summary:
The Hearing Examiner on August 17, 2004, conducted a public hearing on the request of David Malik and
Thomas Pike for preliminary plat approval for 14 lots. The project is located at 11533 SE 318" Place and
31812112 1h Avenue SE.
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.
H E\P LT04-4
L1004-1
03.5 PLT04-0004
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
E Building ® M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
E Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
E Fire E 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: October 18, 2004 Item Number: VIII.B.2
AUBURN *MOPE THAN YOU IMAGINED
RESOLUTION NO. 3 7 6 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING THE PRELIMINARY
PLAT TO SUBDIVIDE 3.05 ACRES OF LAND INTO 13 SINGLE-
FAMILY RESIDENTIAL LOTS AND ONE STORM WATER TRACT
WHEREAS, Application No. PLT04-0004, dated February 18, 2004, has
been submitted to the City of Auburn, Washington, by David Malik and Thomas
Pike, requesting approval of a Preliminary Plat to subdivide 3.05 acres of land
into 13 single-family residential lots and one storm water tract, within the City of
Auburn; and
WHEREAS, said request above referred to was referred to the Hearing
Examiner for study and public hearing thereon; and
WHEREAS, pursuant to staff review, the Hearing Examiner conducted a
public hearing to consider said petition in the Council Chambers of the Auburn
City Hall on August 17, 2004, of which the Hearing Examiner recommended
approval of the Preliminary Plat on September 27, 2004; and
WHEREAS, the City Council, on October 4, 2004, considered said
request and affirmed the Hearing Examiner's recommendation for preliminary
plat based upon the following Findings of Fact and Conclusions, to -wit:
FINDINGS OF FACT
1. The Applicants requested approval of a preliminary plat to subdivide two
noncontiguous parcels consisting of 3.04 acres of land (tax parcels 333940-
0090 and 333940-0018) into 13 single-family residential lots and one storm
water tract. The subject parcels, located in the Lea Hill area, are connected
by a utility easement that crosses the parcel between them owned by third
Resolution No. 3768
September 28, 2004
Page 1
parties. The west division of the proposed plat, owned by Mr. Malik, is
located at 31812 -112th Avenue SE and the east division, owned by Mr.
Pike, is located at 11533 SE 318th Place in Auburn, Washington. Exhibit a,
page 1; Exhibits 2, 3 and 5.
2. The subject property is zoned Single -Family Residential (LHR -2). Exhibit 1,
page 1. Development standards in the R-2 zone require a minimum lot
area of 6,000 square feet, a minimum lot width of 60 fee, a minimum lot
depth of 80 feet, and front yard setbacks of 20 -feet. ACC 18.14.040. All 13
of the proposed lots would meet or exceed square footage and minimum lot
depth standards. Exhibit 5.
3. Surrounding land uses are all single-family residential uses and have
zoning designations of LHR -2. Exhibit 1, page 2. The subject property is
generally rolling with slopes of 5 to 15%, with the greater slopes being in
the west division. The underdeveloped portions of the subject property
contain alder, maple, fir and cedar trees, shrubs, and grass. Songbirds
and squirrels have been observed, but no endangered or threatened
species are known to exist on-site. Exhibit 4, Environmental Checklist.
Studies commissioned and submitted by the Applicants indicate that the
subject property contains no wetlands, significant aquatic habitat, or
significant bald eagle habitat. Exhibits 10 and 11.
4. The purposes of the Auburn subdivision code are to prevent the
overcrowding of land; lessen congestion and promote safe and convenient
travel; promote the effective use of land; promote for adequate light and
air; facilitate adequate provision of public infrastructure and services;
provide for the expeditious review and approval of land divisions;
adequately provide for the housing and commercial needs of citizens;
require uniform monumenting of land divisions; implement the goals,
objectives and policies of the Comprehensive Plan; and prevent or abate
public nuisances. ACC 17.02.030.
5. The City's subdivision code requires that corner lots intended for
residential development be at least five -feet wider than the minimum width
required by the zoning ordinance. ACC 17.12.25(D). In the west division,
the proposed lots satisfy the corner lot requirement. In the east division,
the east -most lot complies with the corner lot requirement, but the west -
most lot is the subject of a variance request for reduced width. Exhibit 5.
6. The proposed plat is consistent with the policies of the City of Auburn
Comprehensive Plan. Land Use Policy 14 (LU -14) requires that single-
family residential developments have densities no greater than six units
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Resolution No. 3768
September 28, 2004
Page 2
per acre. Transportation Policy TR -13 requires that where possible,
existing streets should be linked and planning should be implemented to
allow for future connectivity with existing and other streets. Exhibit 1,
pages 3-4. Through Environmental Policies EN -20 and EN -24, the City
encourages retention of existing vegetation during new development,
including significant trees. The City requires connections to the existing
public street system as a matter of policy, requiring the costs of such
connections to be bourne by developers. Such connections should include
the elimination of lengthy dead ends streets and are intended to support a
sense of interconnectedness and community, as well as to provide
improved emergency vehicle access. Transportation Policy 23, Land Use
Policies 56 and 58, Exhibit 7, MDNS, Conclusions. City staff testified that
the proposed plat, as conditioned, would be consistent with the policies of
the Comprehensive Plan. Exhibit 1, pages 3-4; Testimony of Mr. Osaki.
7. Each of the two divisions of the plat contains an existing residence which
each Applicant intends to retain. The placement of each existing
residence has prompted each Applicant to seek a variance for their
respective decision of the proposed preliminary plat. In the west division,
the placement of the existing house has prompted Mr. Malik to request a
variance from the front yard setback required under Auburn City Code
(ACC) 18.14.040.F.1. In the east division, placement of the existing
residence caused Mr. Pike to request a variance from the minimum lot
width required under ACC 18.14.040.C. The variance requests impact the
number of lots allowed in each division, but the preliminary plat application
could be approved whether or not the variances were granted.. Exhibit 3;
Exhibit 1, page 2; Testimony of Mr. Osaki. City staff testified that, with the
exception of the variance issues, the proposed plat as conditioned
complies generally with the development standards of the subdivision
ordinance. Testimony of Mr. Osaki; Exhibit 1, page 4.
8. The combined preliminary plat application was submitted February 18,
2004. Exhibits 3 and 4. A joint engineering plan for the two parcels was
submitted by Aleanna Kondelis of Cramer Northwest, Inc, for the
Applicants at the request of City staff. Exhibit 3, Letter to Sean Martin, City
of Auburn Planning Services.
9. The two divisions of the proposed plat are separated by a parcel that is
owned by Dan and Jackie Hurley. The Applicants propose to convey
storm water runoff from the Pike division through a utility easement over
the Hurley property into a stormwater detention and treatment facility on
the far west end of the Malik division. Applicant Pike entered into a private
agreement with the Hurleys to obtain a 15 -foot utility easement along the
Resolution No. 3768
September 28, 2004
Page 3
north boundary of the Hurley property. The terms of the agreement
stipulate that the easement may be used to convey water, sewer,
stormdrain, natural gas, and communications utilities facilities across the
Hurley property for the benefit of the Pike property. In return for the
easement, Mr. Pike agreed to pay the Hurleys $1,000.00 and to replant the
easement area with vegetation or to grade and gravel it, at the Hurleys
option, upon completion of improvements. Exhibit 8. It is noted that at the
hearing the City stated that the easement would be required to be a
minimum of 25 feet wide to provide adequate separation of sewer and
water lines. Testimony of Mr. Welch; Exhibit 18, page 4.
10. Both divisions of the plat will rely on a storm water detention facility located
in the west division. Because the two divisions are being constructed by
different land owners, each on his own schedule, a condition of approval
would be necessary to ensure that the storm water detention facility in the
west is completed before improvements to the east division that could
create stormwater runoff would be constructed. Testimony of Mr. Osaki,
Exhibit 3, Letter Sean Martin, City of Auburn Planning Services.
11. The west division fronts 112th Avenue SE, a minor arterial, which requires
67 -feet of right-of-way width. The existing right-of-way is substandard. As
a condition of SEPA approval, the City required the Applicants to dedicate
3.5 feet by statuatory warranty deed to the City and to complete half -street
improvements bringing 112th Avenue SE to "Minor Arterial" standards. The
deed and street improvement plan must be submitted and approved by the
City prior to building permit issuance. Exhibit 1, page 2, Exhibit 5, Exhibit
7, page 5.
12. The east division fronts both 116th Avenue SE, a public road, and SE 318th
Place, a private access easement. Exhibit 5. The Applicants would be
required to construct half -street improvements on 116th Avenue SE to the
standard defined by the City's Design and Construction Standards manual.
Exhibit 1, page 2; Exhibit 7, page 2.
13. Access to the west division would be provided through construction of a
new public street (SE 318th Street) connected to 112th Avenue SE.
Placement of the new public street has been a difficult issue for this project
due to the shape and size of the parcel, the location of the existing
residence on proposed Lot 1 within 25 feet of the northern property line,
and an existing utility easement encumbering the southern property
boundary in the proposed stormwater tract, which prevents placement of
the new road along the south boundary. Testimony of Mr. Osaki, Exhibit 5.
The proposed public road would require dedication of 35 -feet of right -of -
Resolution No. 3768
September 28, 2004
Page 4
way along the northern property line across all lots in the west division and
the storm drainage tract to create a stub end road for eventual connection
with SE 318th Place. Exhibit 5. The proposed public road would require
dedication of 35 -feet of right-of-way along the northern property line across
all lots in the west division and the storm drainage tract to create a stub
end road for eventual connection with SE 318th Place. Exhibit 5. The
public road dedication could necessitate reconfiguration of Lots 7 and 8 in
order to maintain compliance with minimum lot area requirements. A
temporary cul-de-sac easement, 65 -feet in diameter, would be required at
the stub end of the public street to allow for emergency vehicle turn around
until the through road connection is created, at which time the easement
could be lifted. Testimony of Mr. Welch; Exhibit 18, page 4.
14. The east division would access 116th Avenue SE by expanding the existing
private access easement known as SE 318th Place. Exhibit 1, page 2.
The Applicants would be required to develop the private street to public
half -street standards in anticipation of the through road connection in the
future, although they could maintain it as a private road until that time. As
a condition in the MDNS, the City required the private access easement to
be dedicated to the City when the through connection is constructed.
Future owners of west division lots would be notified by a note on the final
plat that each lot in the east division would be required to dedicate the
area needed for the public road. Testimony of Mr. Welch; Exhibit 18, page
3.
15. According to information provided by the Applicants, approximately 56
vehicle trips per day would be generated by the plat with peak volumes
occurring between 7:00 a.m. and 9:00 a.m. and 4:00 p.m. and 6:00 p.m.
daily. Exhibit 4, page 18. Less than 30 of the new trips are anticipated to
occur in the p.m. peak hour. Exhibit 7, MDNS. A condition of approval
would be required to ensure that the Applicants pay the required
transportation impact fees in effect at the time of building permit
application prior to building permit issuance, pursuant to ACC 19.14.040.
Exhibti 1, page 3; Testimony of MR. Osaki.
16. The City of Auburn Comprehensive Plan designation of the subject
property is Single Family Residential. Exhibit 1, page 1. The Single
Family Residential designation designates and protects areas for single-
family dwelling. The proposed plat would support the Comprehensive
Plan's Land Use Policy LU -14, which encourages the majority of Single -
Family Residential designated areas to be developed to a density of
between four and six dwelling units per acre. In addition, the proposed
plat would support Transportation Policy TR -13, which calls for
Resolution No. 3768
September 28, 2004
Page 5
construction of roads to facilitate street connectivity in future development
to promote ease of vehicle and pedestrian circulation. Exhibit 1, pages 3-
4.
17. Electricity, natural gas, garbage service, telephone, and public water and
sanitary sewer serve the existing residences on the subject property. The
Applicants propose to extend potable water and sanitary sewer service to
the proposed lots. Exhibits 4, page 19. Fire and police protection would
be provided by the City of Auburn.
18. The subject property is located within the Auburn School District. A
condition of approval would be required to ensure that the Applicants pay
the required school impact fees pursuant to ACC 19.02.070 prior to
building permit issuance. Exhibit 1, page 3, Testimony of Mr. Osaki.
19. It is the policy of the City to require parkland dedication where a proposed
subdivision would result in a substantial increase in parkland or is needed
to prevent or abate public nuisances. Generally, dedication of parkland is
required in residential developments of 50 or more lots. However, where it
is determined that the proposed subdivision, together with any reasonably
anticipated future development on adjacent or nearby land, will act in a
cumulative manner to substantially increase demand for park land,
dedication may be required of smaller subdivisions. ACC 17.12.260. The
City has not required any dedication of parkland in the present application.
Existing recreational opportunities in the vicinity include Green River
Community College hiking trails, City of Auburn Dale Park, and Hazelwood
Elementary, Lea Hill Elementary, and Rainier Junior High School play
fields. Exhibit 4, page 17.
20. A transit stop is located approximately one bock south of the project.
Exhibit 4, page 18.
21. Pursuant to the State Environmental. Policy Act (SEPA), the City of Auburn
acted as lead agency for review of environmental impacts caused by the
proposal. The City issued a Final Mitigated Determination of
Nonsignificance (MDNS) on July 26, 2004. The MDNS contains six
conditions addressing the following:
Significant tree retention and replacement; the storm water easement
across the Hurley property; dedication of right-of-way and frontage
improvements for 112th Avenue SE; internal street improvement
requirements; emergency vehicle access at the stub ends of internal
access roads; and a final biological assessment of wildlife and habitat on-
site. Exhibit 7. The MDNS was not appealed. Testimony of Mr. Osaki.
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Resolution No. 3768
September 28, 2004
Page 6
22. A shared well located in the proposed drainage tract in the west division
serves the existing residence on the parcel and an adjoining property to
the north owned by Pat and Brenda Perry. Mr. Malik (owner of the west
division) seeks to abandon the well and to connect to public water. Exhibit
5, Exhibit 7. The City received a comment letter from the Perrys in which
they object to the applicant's plan to abandon the well. Exhibit 12. The
City may require the Applicant to decommission the well in compliance
with regulations. Exhibit 7, page 3. Any issue between the Applicant and
the neighboring property owner served by the well would be a private
dispute and not subject to the jurisdiction of the Hearing Examiner.
23. The proposed plat was reviewed by the Building, Fire, Public Works, M&O,
Parks, Planning, and Police Departments of the City of Auburn. Exhibit 1,
page 1. Review comments from those agencies were incorporated into
the staff analysis and have formed the basis of the recommended
conditions of approval. Testimony of Mr. Osaki. The City recommended
approval of the plat application. Testimony of Mr. Osaki, Exhibit 1, page 1.
The Applicants concurred with the City's analysis as presented at hearing.
Testimony of Ms. Kondelis.
24. The City received comments from several surrounding property owners.
These concerns pertained to the following: a shared well with off-site
property; retention of significant trees, specifically along property lines;
privacy protection through fencing and tree retention; possible bald eagle
habitat and wetlands on or near the proposed site; storm water runoff from
the proposed development; and compatibility of the proposed development
with surrounding livestock and private property. Exhibits 12, 13, 14, 16,
Testimony of Mr. Perry, Testimony of Mr. Sundqvist; Testimony of Mr.
Armatas, Testimony of Mr. Clark, Testimony of Mr. Elom. In response to
citizen comments, the City required additional site studies for critical
arrears and sensitive species. Exhibits 10 and 11. The City responded to
each public comment letter received. Exhibits 12a, 13a, 14a, 15a, and
16a.
25. After review of all citizen comments and the proposal in light of applicable
code provisions, the City recommended approval of the proposed plat.
Testimony of Mr. Osaki, Exhibit 1, page 3.
26. The City provided reasonable notice of the public hearing to the public and
known interested parties. Testimony of Mr. Osaki, Exhibit 17.
Resolution No. 3768
September 28, 2004
Page 7
CONCLUSIONS OF LAW
Jurisdiction
The Hearing Examiner is granted jurisdiction to hear and make a
recommendation to the City Council pursuant to RCW 36.70.970 and ACC
17.06.050 and 18.66.030.
Criteria for Review
Auburn City Code 17.06.070 provides criteria for review for preliminary plat
applications. Such applications shall only be approved in 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 ACC 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 ACC 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.
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Resolution No. 3768
September 28, 2004
Page 8
The above criteria are similar to the criteria provided in RCW 57.17.100,
which the Applicant must also satisfy for approval of a preliminary plat
application. RCW 58.17.100 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, 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.
RCW 58.17.100.
Conclusions Based on Findings
1. Adequate provisions are made for the public health, safety and
general welfare and for open spaces, drainage ways, streets, alleys,
other public ways, water supplies, sanitary wastes, parks,
playgrounds and sites for schools and school grounds. The
preliminary plat will connect to public utilities, improve existing roads to
City standards, and construct new roads to City standards. Conditions of
approval will ensure that transportation and school impact fees are paid in
accordance with local ordinance. A condition of approval will ensure that
storm drainage will be adequately controlled by requiring construction in
phases, with the storm drainage tract in the west division being completed
before improvements to the east division are permitted. As conditioned,
adequate provisions for the protection of the public health, safety, and
general welfare have been or will be provided. Finding Nos. 6, 7, 9, 10,
11, 12, 13, 14, 15, 17, 18, 20, 23, 24, and 25.
2. The proposed subdivision conforms to the general purposes of the
comprehensive plan. The single-family residential development will be
consistent with the Single Family Residential Comprehensive Plan
designation and will support Auburn's Environmental, Transportation and
Land Use policies and goals. Finding Nos. 16, 23, and 25.
3. The proposed subdivision conforms to the general purposes of other
applicable policies and plans. The proposed plat is generally consistent
with the applicable policies or plans of the City of Auburn, except for the
issues subject to the two pending variance applications, decided in
separate decisions. Findings Nos. 5, 6, and 7.
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Resolution No. 3768
September 28, 2004
Page 9
4. The proposed subdivision conforms to the general purposes of the
subdivision code. The proposal is generally consistent with the policy of
Auburn Land Division Ordinance. The proposed subdivision will promote
the public health, safety and general welfare and satisfy the purposes set
forth in AMC 17.02.030(A) -(K). The payment of impact fees will contribute
towards road and school improvements; dedication of right-of-way and
construction of frontage improvements on 112th Avenue SE and 116th
Avenue SE will promote safe travel; and the construction of SE 318th Place
will provide for proper ingress and egress. Finding Nos. 4, 5, 7, and 15.
5. The proposed subdivision conforms to the Auburn Zoning Ordinance
and other applicable planning or engineering standards. Evidence
was provided that the plat can comply with the applicable standards. Each
of the lots in the west division will satisfy R-2 dimensional standards. Lots
in the east division will either conform with dimensional standards or will be
approved by variance in a separate decision. Lots containing existing
structures will either granted variance from applicable setback
requirements or will be required to be brought into compliance with those
standards. Payment of impact fees will be required at the time of building
permit issuance. No park mitigation is required. Compliance with the
engineering standards will be determined at the time of civil plan review.
Findings nos. 6, 7, 18, 15, and 19.
6. Any potential significant adverse environmental impacts of the
proposed subdivision were mitigated through the SEPA process.
Finding No. 21.
7. Adequate provisions are made so that the preliminary plat will
prevent or abate public nuisances. Compliance with development
regulations ensures that the City's authority to regulate public nuisances is
maximally implemented. Citizen concerns about the incompatibility of the
proposed development with their existing private property uses are private
matter not subject to Hearing Examiner jurisdiction. Finding Nos. 6, 7, 24,
and 25.
Recommendations
The Applicants shall submit a road construction plan for review and
approval by the City that includes dedication of a 35 -foot right-of-way along
the north property line for the entire length of the west division. The
dedication will create a stub end road to provide for an east west through
connection between 112th Avenue SE and 116th Avenue SE at a future
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Resolution No. 3768
September 28, 2004
Page 10
date. This may require reconfiguration of Lots 7 and 8 to maintain
compliance with the minimum lot area requirements of the zoning district.
2. A temporary cul-de-sac easement shall be created over Lot 8, and Lot 7 if
necessary, to allow for emergency vehicle turn around during the time
before the east west through connection is constructed. The cul-de-sac
shall have a minimum diameter of 65 -feet. At such a time as the through
road connection is constructed, the easement shall be lifted from the
affected lots. The cul-de-sac easement shall be reviewed and approved
by the City Public Works department at the time of engineering review and
recorded prior to the final plat approval.
3. The utility easement across the property between the two divisions of the
plat shall be a minimum of 25 -feet wide to allow for minimum required
separation of sewer and water lines. If such an arrangement cannot be
reached between the Applicants and the owners of what is now the Hurley
parcel, the east division (Owner by Pike) of the plat shall be denied.
4. The east division shall not receive approval for any construction permits,
including clearing and grading, utility extension, or any other construction
that could result in increased storm water runoff, until the storm water
conveyance and detention facilities in the west division are completed and
the conveyance facilities across the Hurley parcel between the two
divisions are completed. The provisions of Condition No. 4 also apply.
5. The Applicants shall each pay City of Auburn transportation impact fees in
effect at the time of building permit application for the number of lots in
their own division prior to building permit issuance.
6. The Applicants shall each pay City of Auburn school impact fees in effect
for the Auburn School District at the time of building permit application for
the number of lots in their own division prior to building permit issuance.
Conditions of MDNS Approval:
7. Significant Trees: Prior to authorization to begin clearing and grading for
each division, the Applicants shall each submit for review and approval by
the Planning Director a significant tree survey and retention plan for their
own division. These plans shall outline measures to protect significant on -
and -off-site trees, including the following:
a. The location of all on-site trees meeting the City's definition of
"significant tree;"
Resolution No. 3768
September 28, 2004
Page 11
b. The approximate location of all off-site trees with driplines
extending into the subject property;
c. Identification of all trees on-site proposed for retention;
d. The identification of protective measures to be employed for the
on-site trees to be retained and off-site trees with driplines that
extend into the subject property; and
e. In the event that more than 50 -inches of cumulative diameter of
significant trees are proposed for removal from either division of
the plat, replacement trees are required to be installed as follows:
One 2 -inch caliper deciduous tree or one 6 -foot tall evergreen
trees shall be planted in the front yard setback or rear yard
setback for ever ten inches of cumulative diameter of significant
trees removed during site construction. The Planning Director
shall approve the replacement trees species.
8. The Applicants shall submit an easement for review and approval by the
City Engineer outlining the plat's shared storm facilities' maintenance and
access rights, which shall be recorded by the Applicants before final plat
approval. The Applicants shall submit a second easement for review and
approval by the City Engineer that depicts the easement for the portion of
the system's infrastructure to be located on the Hurley parcel between the
two divisions of the plat, which shall be recorded prior to the final plat
approval. The second easement shall be a minimum of 25 -feet in width
along the entire length of what is now the Hurley property's northern
boundary to allow the required minimum spacing between sewer and
water lines.
9. The Applicant owner of the west division shall dedicate 3.5 -feet of the
right-of-way for 112th Avenue SE to the city of Auburn by statutory
warranty deed and complete the half -street improvements for the right-of-
way to the City's current standard for a "Minor Arterial." The deed and
street improvement plan shall be reviewed and approved prior to the
issuance of construction permits and must be complete prior to issuance of
a certificate of occupancy.
10. The Applicants shall construct both streets internal to the plat to the
standards required of "Local Residential" public half -streets. The half -
street improvements to be constructed in the east division may be
maintained as a private street held in reserve for future dedication until
Resolution No. 3768
September 28, 2004
Page 12
such a time as the northern half of the street is constructed to rublic half -
street standards or until the through connection of SE 3181 Street is
constructed. The reservation shall be shown on all construction plans and
on the face of the final plat map.
11. The Applicants shall demonstrate to the satisfaction of the City Engineer at
the time of construction plan review for, each division that proper turning
radii will be provided and maintained at each stub end of the new streets
until such a time as the through completion of SE 318th Street is
completed.
12. The Applicants shall submit a Final Biological Assessment report or letter
confirming that the conclusions and recommendations contained in the
draft Biological Assessment report dated July 21, 2004, are final.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The above-cited Hearing Examiner's Conclusions and
Decision are herewith approved and incorporated in this Resolution.
Section 2. The Preliminary Plat for a 13 single-family subdivision, within
the City of Auburn, legally described in Exhibit "A" attached hereto and
incorporated herein by this reference, is hereby approved.
Section 3. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 4. This Resolution shall take effect and be in full force upon
passage and signatures hereon.
DATED and SIGNED this
Resolution No. 3768
September 28, 2004
Page 13
day of , 2004.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
City Attorney
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Resolution No. 3768
September 28, 2004
Page 14
EXHIBIT "A"
Legal Description
THE SOUTH HALF OF LOT 18, BLOCK 1, C.D. HILLMAN'S
AUBURNDALE ADDITION TO THE CITY OF SEATTLE, DIVISION
1, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME
13 OF PLATS, AT PAGE 62, RECORDS OF KING COUNTY,
WASHINGTON.
LOT 4 OF KING COUNTY SHORT PLAT NO. 677081, RECORDED
UNDER RECORDING NO. 7801190881, RECORDS OF KING
COUNTY, WASHINGTON.
(K.C.S.P. # 875054 — 7512160330) TL # 3339400090
Resolution No. 3768
September 28, 2004
Page 15
CITY OF
1 BURN
x
WASHINGTON
September 22, 2004
TOM PIKE
11533 SE 318"" PLACE
AUBURN, WA 98092
DAVID MALIK __
1208 NORTH CENTRAL
KENT, WA 98032
ALEANNA KONDELIS
PLANNER/ PROJECT MANAGER
CRAMER NW, INC.
945 N CENTRAL #104
KENT WA 98031
i
Peter B. Lewis, Mayor
25 West Main street * Auburn WA 98001-4998 * W".cl.aubum.wa.us * 253-931-3000
RE: APPLICATION NO. PLT03-0004
Dear Applicants:
Attached is the Hearing Examiner's official recommendation regarding your request that was
considered by the Hearing Examiner on August 17, 2004. The City Council will consider your request
on October 4 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.
The land use posting board sign must be returned to the City after the October 4 City Council meeting.
If you have any questions regarding the attached, please give us a call.
Sincer, ,
Paul rauss, AICP
Director
PK:pz
Attachment
cc: Building Department
Public Works Department
City Clerk
HE\DEC\PLT03-3
AUBURN * MORE THAN YOU IMAGINED
BEFORE THE HEARING EXAMINER
FOR THE CITY OF AUBURN
In the Matter of the Application of
David Malik and Thomas Pike'
For Approval of a Preliminary Plat
NO. PLT03-0003
FINDINGS, CONCLUSIONS
AND RECOMMENDATION
6 ORIGIta
INTRODUCTION
The following findings and conclusions are the basis for the Hearing Examiner's
recommendation to the City Council on both divisions pf the preliminary plat.
SUMMARY OF RECOMMENDATION
The Hearing Examiner recommends that the Auburn City Council APPROVE the
request for a preliminary plat to subdivide 3.05 acres of land into 13 single-family
residential lots and one storm water tract.
SUMMARY OF RECORD
Request
David Malik and Thomas Pike (Applicants) requested approval of a preliminary
plat to subdivide two noncontiguous parcels consisting of 3.04 acres of land into
13 single-family residential lots and one storm water tract.2 The two parcels
would be connected by a storm water and utility easement that extends across the
property situated between the Malik property and the Pike property. The subject
property is located in the Lee Hill area at 11533 SE 318`" Place and 31812 —112`"
Avenue SE in Auburn, Washington.
' According to the Findings of Fact in the MDNS issued by the Responsible Official, the City
Council will issue separate resolutions for preliminary plat approval for each of the divisions of
this plat application. These resolutions will be issued separately notwithstanding the City's
decision to process the two parcels as one preliminary plat.
2 The staff report to the Hearing Examiner and preliminary plat application describe the proposed
plat as consisting of 14 lots for residential development. However, at the hearing City staff
confirmed that the proposed plat would consist of 13 residential lots and one stormwater detention
tract.
Hearing Date
The Hearing Examiner for the City of Auburn held an open record hearing on the
request on August 17, 2004.
Testimony
The following individuals presented testimony under oath at the open record
hearing:
_Dave Osaki, City of Auburn Planner
Aleanna Kondelis, Surveyor, representing the Applicant
Joe Welsh, City of Auburn Public Works Engineer
David Malik
Thomas Pike
Pasqual Perry
Jim Sundqvist
Jarret Clark
Daniel Armatas
Andrew Elom
Andrew Lane, Attorney, represented Applicant David Malik
Exhibits
The following exhibits were admitted into the record:
Exhibit 1
Staff Report dated August 9, 2004
Exhibit 2
Vicinity map
Exhibit 3
Preliminary Plat Application
Exhibit 4
Environmental Checklist
Exhibit 5
Site plan
Exhibit 6
Revised Notice of Application
Exhibit 7
Mitigated Determination of Non -Significance, issued July 26,
2004, final on August 16, 2004
Exhibit 8
Hurley/Pike Utility Easement Agreement, dated November 10,
2003
Exhibit 9 Well Agreement and Easement
Exhibit 10 GeoEngineers Wetlands evaluation and report, dated May 27, 2004
Exhibit 11 EDAW, Inc. Biological Site Assessment dated July 21, 2004
Exhibit 12 Comment Letter from Perrys, dated received June 25, 2004
Exhibit 12a City's response to Perrys, dated July 26, 2004
Exhibit 13 Comment Letter from Sundqvists, dated received April 22, 2004
3 Mr. Osaki was not the reviewing planner but made the City' presentation because the reviewing
planner took ill.
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
MalikTike Preliminary Plat, No. PLT03-0003
Page 2 of 14
Exhibit 13a
City's response to Sundqvists, dated July 26, 2004
Exhibit 14
Comment Letter from Mooneys, dated June 25, 2004
Exhibit 14a
City's response to Mooneys, dated July 26, 2004
Exhibit 15
Comment Email from Clark, dated April 19, 2004
Exhibit 15a
City's response to Clark, dated July 26, 2004
Exhibit 16
Comment Letter from Armatas, dated received April 9, 2004
Exhibit 16a
City's response to Armatas, dated July 26, 2004
Exhibit 17
Notice of Public Hearing
Exhibit 184
August 24, 2004 Memorandum to Hearing Examiner from Sean
Martin, Planner
Upon consideration of the testimony and exhibits admitted in the record, the
Hearing Examiner enters the following Findings and Conclusions:
FINDINGS
1. The Applicants requested approval of a preliminary plat to subdivide two
noncontiguous parcels consisting of 3.04 acres of land (tax parcels 333940-0090
and 333940-0018) into 13 single-family residential lots and one storm water tract.
The subject parcels, located in the Lea Hill area, are connected by a utility
easement that crosses the parcel between them owned by third parties.5 The west
division of the proposed plat, owned by Mr. Malik, is located at 31812 — 112"
Avenue SE and the east division, owned by Mr. Pike, is located at 11533 SE 318'
Place in Auburn, Washington.6 Exhibit 1, page 1; Exhibits 2, 3, and 5.
2. The subject property is zoned Single -Family Residential (LHR -2).' Exhibit 1,
page 1. Development standards in the R-2 zone require a minimum lot area of
6,000 square feet, a minimum lot width of 60 feet, a minimum lot depth of 80
feet, and front yard setbacks of 20 -feet . ACC 18.14.040. All 13 of the proposed
lots would meet or exceed square footage and minimum lot depth standards.
Exhibit 5.
4 Because the planner who presented the case for the City was not the planner who prepared the
case for hearing, the Hearing Examiner requested clarifications from the City at the close of the
hearing. The City submitted the requested clarification which is admitted as Exhibit 18.
5 For the purposes of this decision, the terms "west division" and "Malik parcel" refer to the
portion of the proposed plat owned by Mr. Malik. The terms "east division" and "Pike parcel"
refer to the portion of the proposed plat owned by Mr. Pike. The term "subject property" refers to
both divisions as the whole proposed development.
6 The legal description of the Malik parcel is the south half of Lot 18, Block 1, C.D. Hillman's
addition to the City of Seattle according to the plat thereof, recorded in Volume 13 of plats, at
page 62 Records of King County, Washington. The legal description of the Pike Parcel is Lot 4 of
King County Short Plat No 677081, recorded under Recording No. 7801190881, Records of King
County, Washington. Exhibit 3.
7 Lea Hill is a neighborhood with its own zoning designation which is subject to the same
development standards as the general R-2 zoning district. Testimony of Mr. Osaki.
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Malik/Pike Preliminary Plat, No. Pl. T03-0003
Page 3of14
3. Surrounding land uses are all single-family residential uses and have zoning
designations of LHR -2. Exhibit 1, page 2. The subject property is generally
rolling with slopes of 5 to 15%, with the greater slopes being in the west division.
The undeveloped portions of the subject property contain alder, maple, fir, and
cedar trees, shrubs, and grass. Songbirds and squirrels have been observed, but
no endangered or threatened species are known to exist on-site. Exhibit 4,
Environmental Checklist. Studies commissioned and submitted by the Applicants
indicate that the subject property contains no wetlands, significant,aquatic habitat,
or significant bald eagle habitat. Exhibits 10 and 11.
` 4. The purposes of the Auburn subdivision code are to prevent the overcrowding of
land; lessen congestion and promote safe and convenient travel; promote the
effective use of land; provide for adequate light and air; facilitate adequate
provision of public infrastructure and services; provide for proper ingress and
egress; provide for the expeditious review and approval of land divisions;
adequately provide for the housing and commercial needs of citizens; require
uniform monumenting of land divisions; implement the goals, objectives and
policies of the Comprehensive Plan; and prevent or abate public nuisances. ACC
17.02.030.
5. The City's subdivision code requires that corner lots intended for residential
development be at least five -feet wider than the minimum width required by the
zoning ordinance. ACC 17.12.25(D). In the west division, the proposed lots
satisfy the corner lot requirement. In the east division, the east -most lot complies
with the corner lot requirement, but the west -most lot is the subject of a variance
request for reduced width. Exhibit 5.
6. The proposed plat is consistent with the policies of the City of Auburn
Comprehensive Plan. Land Use Policy 14 (LU -14) requires that single-family
residential developments have densities no greater than six units per acre.
Transportation Policy TR -13 requires that where possible, existing streets should
be linked and planning should be implemented to allow for future connectivity
with existing and other future streets. Exhibit 1, pages 3-4. Through
Environmental Policies EN -20 and EN -24, the City encourages retention of
existing vegetation during new development, including significant trees. The City
requires connections to the existing public street system as a matter of policy,
requiring the costs of such connections to be bourne by developers. Such
connections should include the elimination of lengthy dead ends streets and are
intended to support a sense of interconnectedness and community, as well as to
provide improved emergency vehicle access. Transportation Policy 23; Land
Use Policies 56 and 58; Exhibit 7, MDNS, Conclusions. City staff testified that
the proposed plat, as conditioned, would be consistent with the policies of the
Comprehensive Plan. Exhibit 1, pages 3-4; Testimony of Mr. Osaki.
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Malik/Pike Preliminary Plat, No. PLT03-0003
Page 4 of 14
7. Each of the two divisions of the plat contains an existing residence which each
Applicant intends to retain. The placement of each existing residence has
prompted each Applicant to seek a variance for their respective division of the
proposed preliminary plat.$ In the west division, the placement of the existing
house has prompted Mr. Malik to request a variance from the front yard setback
required under Auburn City Code (ACC) 18.14.040.F.1. In the east division,
placement of the existing residence caused Mr. Pike to request a variance from the
minimum lot width required under ACC 18.14.040.C. The variance requests
impact the number of lots allowed in each division, but the preliminary plat
application could be approved whether or not the variances were granted. Exhibit
3; Exhibit 1, page 2; Testimony of Mr. Osaki. City staff testified that, with the
exception of the variance issues, the proposed plat as conditioned complies
generally with the development standards of the subdivision ordinance.
Testimony of Mr. Osaki; Exhibit 1, page 4.
8. The combined preliminary plat application was submitted February 18, 2004.9
Exhibits 3 & 4. A joint engineering plan for the two parcels was submitted by
Aleanna Kondelis of Cramer Northwest, Inc, for the Applicants at the request of
City staff. Exhibit 3, Letter to Sean Martin, City ofAuburn Planning Services.
9. The two divisions of the proposed plat are separated by a parcel that is owned by
Dan and Jackie Hurley. The Applicants propose to convey storm water runoff
from the Pike division through a utility easement over the Hurley property into a
stormwater detention and treatment facility on the far west end of the Malik
division. Applicant Pike entered into a private agreement with the Hurleys to
obtain a 15 -foot utility easement along the north boundary of the Hurley property.
The terms of the agreement stipulate that the easement may be used to convey
water, sewer, stormdrain, natural gas, and communications utilities facilities
across the Hurley property for the benefit of the Pike property. In return for the
easement, Mr. Pike agreed to pay the Hurleys $1,000.00 and to replant the
easement area with vegetation or to grade and gravel it, at the Hurleys' option,
upon completion of improvements. Exhibit 8. It is noted that at the hearing the
City stated that the easement would be required to be a minimum of 25 feet wide
to provide adequate separation of sewer and water lines. Testimony of Mr. Welch;
Exhibit 18, page 4.
10. Both divisions of the plat will rely on a storm water detention facility located in
the west division. Because the two divisions are being constructed by different
8 The variance applications are decided under separate cover.
`' The Applicants initially filed separate applications for subdivision of their two parcels. The City
staff originally believed that because the two parcels, the Malik division and the Pike division,
were served by a combined storm water management system, they were contiguous. As a result
the City required that the applications for development of the two parcels be consolidated. When
the misunderstanding was clarified, the City continued with the combined application. Exhibit 1,
page 2.
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
,Valik/Pike Preliminaiy Plat, No. PL T03-0003
Page 5 of 14
land owners, each on his own schedule, a condition of approval would be
necessary to ensure that the storm water detention facility in the west is completed
before improvements to the east division that could create stormwater runoff
would be constructed. Testimony of Mr. Osaki: Exhibit 3, Letter to Sean Martin,
City of Auburn Planning Services.
11. The west division fronts 112th Avenue SE, a minor arterial, which requires 67 -feet
of right-of-way width. The existing right-of-way is substandard. As a condition
of SEPA approval, the City required the Applicants to dedicate 3.5 feet by
statutory warranty deed to the City and to complete half -street improvements
bringing 112th Avenue SE to "minor arterial" standards. The deed and street
improvement plan must be submitted and approved by the City prior to building
permit issuance. Exhibit 1, page 2; Exhibit 5: Exhibit 7, page S.
12. The east division fronts both 116th Avenue SE, a public road, and SE 318th Place,
a private access easement. Exhibit 5. The Applicants would be required to
construct half -street improvements on 116th Avenue SE to the standard defined by
the City's Design and Construction Standards manual. Exhibit 1, page 2; Exhibit
7, page 2.
13. Access to the west division would be provided through construction of a new
public street (SE 318th Street) connected to 112th Avenue SE. Placement of the
new public street has been a difficult issue for this project due to the shape and
size of the parcel, the location of the existing residence on proposed Lot 1 within
25 feet of the northern property line, and an existing utility easement encumbering
the southern property boundary in the proposed stormwater tract, which prevents
placement of the new road along the south boundary. Testimony of Mr. Osaki;
Exhibit S. The proposed public road would require dedication of 35 -feet of right-
of-way along the northern property line across all lots in the west division and the
storm drainage tract to create a stub end road for eventual connection with SE
318th Place. Exhibit 5. The public road dedication could necessitate
reconfiguration of Lots 7 and 8 in order to maintain compliance with minimum lot
area requirements. A temporary cul-de-sac easement, 65 -feet in diameter, would
be required at the stub end of the public street to allow for emergency vehicle turn
around until the through road connection is created, at which time the easement
could be lifted. Testimony of Mr. Welch; Exhibit 18, page 4.
14. The east division would access 116th Avenue SE by expanding the existing
private access easement known as SE 318th Place. Exhibit 1, page 2. The
Applicants would be required to develop the private street to public half -street
standards in anticipation of the through road connection in the future, although
they could maintain it as a private road until that time. As a condition in the
MDNS, the City required the private acccess easement to be dedicated to the City
when the through connection is constructed. Future owners of east division lots
would be notified by a note on the final plat that each lot in the east division
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Malik/Pike Preliminary Plat, No. PL T03-0003
Page 6of14
would be required to dedicate the area needed for the public road. 10 Testimony of
Mr. Welch; Exhibit 18, page 3.
15. According to information provided by the Applicants, approximately 56 vehicle
trips per day would be generated by the plat with peak volumes occurring
between 7:00-9:00 a.m. and 4:00-6:00 p.m. daily. Exhibit 4, page 18. Less than
30 of the new trips are anticipated to occur in the p.m. peak hour. Exhibit 7,
MDNS. A condition of approval would be required to ensure that the Applicants
pay the required transportation impact fees in effect at the time of building permit
application prior to building permit issuance, pursuant to ACC 19.04.040. Exhibit
1, page 3; Testimony of Mr. Osaki.
16. The City of Auburn Comprehensive Plan designation of the subject property is
Single Family Residential. Exhibit 1, page 1. The Single Family Residential
designation designates and protects areas for single-family dwelling. The
proposed plat would support the Comprehensive Plan's Land Use Policy LU -14,
which encourages the majority of Single -Family Residential designated areas to
be developed to a density of between four and six dwelling units per acre. In
addition, the proposed plat would support Transportation Policy TR -13, which
calls for construction of roads to facilitate street connectivity in future
development to promote ease of vehicle and pedestrian circulation. Exhibit 1,
pages 3-4.
17. Electricity, natural gas, garbage service, telephone, and public water and sanitary
sewer service serve the existing residences on the subject property. The
Applicants propose to extend potable water and sanitary sewer service to the
proposed lots. Exhibit 4, page 19. Fire and police protection would be provided
by the City of Auburn. Exhibit 1, page 3.
18. The subject property is located within the Auburn School District. A condition of
approval would be required to ensure that the Applicants pay the required school
impact fees pursuant to ACC 19.02.070 prior to building permit issuance. � �
Exhibit 1, page 3; Testimony of Mr. Osaki.
19. It is the policy of the City to require parkland dedication where a proposed
subdivision would result in a substantial increase in demand for parkland or is
needed to prevent or abate public nuisances. Generally, dedication of parkland is
required in residential developments of 50 or more lots. However, where it is
10 The record does not contain sufficient evidence to verify whether each lot in the east division
would retain enough area and depth to meet zoning development standards. The question will be
determined in the related decision on the east division's application for variance.
11 Although the record lacks necessary information from the school district relating to capacity and
the basis for imposition of any school impact fees, the Applicants had the opportunity to review
the City's staff report and recommended conditions of approval and did not object to imposition of
school impact fees of an unspecified amount.
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Malik/Pike Preliminary Plat, No. PLT03-0003
Page 7 of 14
determined that the proposed subdivision, together with any reasonably
anticipated future development on adjacent or nearby land, will act in a
cumulative manner to substantially increase demand for park land, dedication
may be required of smaller subdivisions. ACC 17.12.260. The City has not
required any dedication of parkland in the present application. Existing
recreational opportunities in the vicinity include Green River Community College
hiking trails, City of Auburn Dale Park, and Hazelwood Elementary, Lea Hill
Elementary, and Rainier Junior High School playfields. Exhibit 4,page 17.
20. A transit stop is located approximately one block south of the project. Exhibit 4,
gage 18.
21. Pursuant to the State Environmental Policy Act (SEPA), the City of Auburn acted
as lead agency for review of environmental impacts caused by the proposal. The
City issued a Final Mitigated Determination of Nonsignificance (MDNS) on July
26, 2004. The MDNS contains six conditions addressing the following:
significant tree retention and replacement; the storm water easement across the
Hurley property; dedication of right-of-way and frontage improvements for 112th
Avenue SE; internal street improvement requirements; emergency vehicle access
at the stub ends of the internal access roads; and a final biological assessment of
wildlife and habitat on-site. Exhibit 7. The MDNS was not appealed. 12
Testimony of Mr. Osaki.
22. A shared well located in the proposed drainage tract in the west division serves
the existing residence on that parcel and an adjoining property to the north owned
by Pat and Brenda Perry. Mr. Malik (owner of the west division) seeks to
abandon the well and to connect to public water. Exhibit 5; Exhibit 7. The City
received a comment letter from the Perrys in which they object to the Applicant's
plan to abandon the well. Exhibit 12. The City may require the Applicant to
decommission the well in compliance with regulations. Exhibit 7, page 3. Any
issue between the Applicant and the neighboring property owner served by the
well would be a private dispute and not subject to the jurisdiction of the Hearing
Examiner.
23. The proposed plat was reviewed by the Building, Fire, Public Works, M&O,
Parks, Planning, and Police Departments of the City of Auburn. Exhibit 1, page
1. Review comments from those agencies were incorporated into the staff
analysis and have formed the basis of the recommended conditions of approval.
Testimony of Mr. Osaki. The City recommended approval of the plat
application. 1 3 Testimony of Mr. Osaki; Exhibit 1, page 1. The Applicants
1`' Even though no appeals were taken, the conditions of the MDNS are being incorporated as
conditions of approval for each division of the plat.
13 The Staff Report contains conflicting information regarding the staff recommendation. On page
1, Staff recommends "approval of the preliminary plat application based on Findings of Fact,
Conclusions, and conditions as outlined" in the report. Exhibit 1, page 1. Staff again
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Malik/Pike Preliminary Plat, No, PL T03-0003
Page 8 of 14
concurred with the City's analysis as presented at hearing. Testimony of Ms.
Kondelis.
24. The City received public comments from several surrounding property owners.
These concerns pertained to the following: a shared well with off-site property;
retention of significant trees, specifically along property lines; privacy protection
through fencing and tree retention; possible bald eagle habitat and wetlands on or
near the proposed site; storm water runoff from the proposed development; and
compatibility of the proposed development with surrounding livestock and private
property. Exhibits 12, 13, 14, 15, 16; Testimony of Mr. Perry; Testimony of Mr.
` Sundgvist; Testimony of Mr. Armatas: Testimony of Mr. Clark; Testimony of Mr.
Elom. In response to citizen comments, the City required additional site studies
for critical areas and sensitive species. Exhibits 10 and 11. The City responded
to each public comment letter received. Exhibits 12a, 13a, 14a, 15a, and 16a.
25. After review of all citizen comments and the proposal in light of applicable code
provisions, the City recommended approval of the proposed plat. Testimony of
Mr. Osaki; Exhibit 1, page 3.
26. The City provided reasonable notice of the public hearing to the public and
known interested parties. Testimony of Mr. Osaki; Exhibit 17.
CONCLUSIONS
The Hearings Examiner is granted jurisdiction to hear and make a
recommendation to the City Council pursuant to RCW 36.70.970 and ACC
17.06.050 and 18.66.030.
Criteria for Review
Auburn City Code 17.06.070 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;
recommended approval based on the application's consistency with plat criteria. Exhibit 1, page
3. However, on page 5 of the staff report, Staff Recommends the Hearing Examiner approve the
west division of the plat and deny the east division of the plat. Exhibit 1, page 5. Upon review,
the hearing Examiner has determined that approval subject to conditions is the appropriate
outcome.
Findings, Conclusions & Recommendation
Hearing Examiner,for the City of Auburn
Malik/Pike Preliminan) Plat, No. PL T03-0003
Page 9 of 14
C. Conformance of the proposed subdivision to the general purposes of any other
applicable policies or plans which have been adopted by the city council;
D. Conformance of the proposed subdivision to the general purposes of this title, as
enumerated in ACC 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
ACC Chapter 18.69;
F. The potential environme ntal 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 58.17.110 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.
RCW 58.17.110.
Conclusions Based on Findings
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 preliminary plat will connect to public utilities, improve
existing roads to City standards, and construct new roads to City standards.
Conditions of approval will ensure that transportation and school impact fees are
paid in accordance with local ordinance. A condition of approval will ensure that
storm drainage will be adequately controlled by requiring construction in phases,
with the storm drainage tract in the west division being completed before
improvements to the east division are permitted. As conditioned, adequate
provisions for the protection of the public health, safety, and general welfare have
been or will be provided. Findings Nos. 6, 7, 9, 10, 11, 12, 13, 14, 15, 17, 18, 20,
23, 24, and 25..
2. The proposed subdivision conforms to the general purposes of the
comprehensive plan. The single-family residential development will be
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Malik/Pike Preliminary Plat, No. PLT03-0003
Page 10 of 14
consistent with the Single Family Residential Comprehensive Plan designation
and will support Auburn's Environmental, Transportation, and Land Use policies
and goals. Findings Nos. 16 23, and 25.
3. The proposed subdivision conforms to the general purposes of other
applicable policies and plans. The proposed plat is generally consistent with
applicable policies or plans of the City of Auburn, except for the issues subject to
the two pending variance applications, decided in separate decisions. Findings
Nos. 5, 6, and 7.
'4. The proposed subdivision conforms to the general purposes of the
subdivision code. The proposal is generally consistent with the policy of the
Auburn Land Division Ordinance. The proposed subdivision will promote the
public health, safety and general welfare and satisfy the purposes set forth in
AMC 17.02.030(A) -(K). The payment of impact fees will contribute towards
road and school improvements; dedication of right-of-way and construction of
frontage improvements on 112th Avenue SE and 116th Avenue SE will promote
safe travel; and the construction of SE 318th Street and expansion of SE 318th
Place will provide for proper ingress and egress. Findings Nos. 4, 5, 7, and 15.
5. The proposed subdivision conforms to the Auburn zoning ordinance and
other applicable planning or engineering standards. Evidence was provided
that the plat can comply with the applicable standards. Each of the lots in the
west division will satisfy R-2 dimensional standards. Lots in the east division will
either conform with dimensional standards or will be approved by variance in a
separate decision. Lots containing existing structures will either granted variance
from applicable setback requirements or will be required to be brought into
compliance with those standards. Payment of impact fees will be required at the
time of building permit issuance. No park mitigation is required. Compliance
with the engineering standards will be determined at the time of civil plan review.
Findings Nos. 6, 7, 18, 15, and 19.
6. Any potential significant adverse environmental impacts of the proposed
subdivision were mitigated through the SEPA process. Finding No. 21.
7. Adequate provisions are made so that the preliminary plat will prevent or
abate public nuisances. Compliance with development regulations ensures that
the City's authority to regulate public nuisances is maximally implemented.
Citizen concerns about the incompatibility of the proposed development with their
existing private property uses are private matters not subject to Hearing Examiner
jurisdiction. Findings Nos. 6, 7, 24 and 25.
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the request for approval of a
preliminary plat to subdivide 3.04 acres of land into 13 single-family residential
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Afalik/Pike Preliminary Plat, No. PLT03-0003
Page 11 of 14
lots and one storm water tract connected by easement should be GRANTED
subject to the following conditions:
1. The Applicants shall submit a road construction plan for review and approval by
the City that includes dedication of a 35 -foot right of way along the north property
line for the entire length of the west division. The dedication will create a stub
end road to provide for an east west through connection between 112th Avenue SE
and 116th Avenue SE at a future date. This may require reconfiguration of Lots 7
and 8 to maintain compliance with the minimum lot area requirements of the
zoning district.
2. A temporary cul-de-sac easement shall be created over Lot 8, and Lot 7 if
necessary, to allow for emergency vehicle turn around during the time before the
east west through connection is constructed. The cul-de-sac shall have a
minimum diameter of 65 -feet. At such a time as the through road connection is
constructed, the easement shall be lifted from the affected lots. The cul-de-sac
easement shall be reviewed and approved by the City Public Works department at
the time of engineering review and recorded prior to final plat approval.
3. The utility easement across the property between the two divisions of the plat
shall be a minimum of 25 -feet wide to allow for minimum required separation of
sewer and water lines. If such an arrangement cannot be reached between the
Applicants and the owners of what is now the Hurley parcel, the east division
(owned by Pike) of the plat shall be denied.
4. The east division shall not receive approval for any construction permits,
including clearing and grading, utility extension, or any other construction that
could result in increased storm water runoff, until the storm water conveyance and
detention facilities in the west division are completed and the conveyance
facilities across the Hurley parcel between the two divisions are completed. The
provisions of Condition No. 4 also apply.
5. The Applicants shall each pay City of Auburn transportation impact fees in effect
at the time of building permit application for the number of lots in their own
division prior to building permit issuance.
6. The Applicants shall each pay City of Auburn school impact fees in effect for the
Auburn School District at the time of building permit application for the number
of lots in their own division prior to building permit issuance.
Conditions of MDNS Approval:
7. Significant trees: Prior to authorization to begin clearing and grading for each
division, the Applicants shall each submit for review and approval by the
Planning Director a significant tree survey and retention plan for their own
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Malik/Pike Prelim,inmy Plat, No. PL T03-0003
Page 12 of 14
division. These plans shall outline measures to protect significant on- and off-site
trees, including the following:
a. The location of all on-site trees meeting the City's definition of "significant tree;"
b. The approximate location of all off-site trees with driplines extending into the
subject property;
c. Identification of all trees on-site proposed for retention;
d. The identification of protective measures to be employed for the on-site trees to
be retained and off-site trees with driplines that extend into the subject property;
e. In the event that more than 50 -inches of cumulative diameter of significant trees
are proposed for removal from either division of the plat, replacement trees are
required to be installed as follows. One 2 -inch caliper deciduous tree or one 6 -
foot tall evergreen tree shall be planted in the front yard setback or rear yard
setback for every ten inches of cumulative diameter of significant trees removed
during site construction. The Planning Director shall approve the replacement
tree species.
8. The Applicants shall submit an easement for review and approval by the City
Engineer outlining the plat's shared storm facilities' maintenance and access
rights, which shall be recorded by the Applicants before final plat approval. The
Applicants shall submit a second easement for review and approval by the City
Engineer that depicts the easement for the portion of the system's infrastructure to
be located on the Hurley parcel between the two divisions of the plat, which shall
be recorded prior to final plat approval. The second easement shall be a minimum
of 25 feet in width along the entire length of what is now the Hurley property's
northern boundary to allow the required minimum spacing between sewer and
water lines.
9. The Applicant owner of the west division shall dedicate 3.5 -feet of the right-of-
way for 112th Avenue SE to the City of Auburn by statutory warranty deed and
complete the half -street improvements for the right-of-way to the City's current
standard for a "Minor Arterial." The deed and street improvement plan shall be
reviewed and approved prior to the issuance of construction permits and must be
complete prior to issuance of a certificate of occupancy.
10. The Applicants shall construct both streets internal to the plat to the standards
required of "Local Residential" public half -streets. The half -street improvements
to be constructed in the east division may be maintained as a private street held in
reserve for future dedication until such a time as the northern half of the street is
constructed to public half -street standards or until the through connection of SE
318th Street is constructed. The reservation shall be shown on all construction
plans and on the face of the final plat map.
11. The Applicants shall demonstrate to the satisfaction of the City Engineer at the
time of construction plan review for each division that proper turning radii will be
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Malik/Pike Preliminary Plat, No. PL T03-0003
Page 13 of 14
provided and maintained at each stub end of the new streets until such a time as
the through completion of SF.:l 8'� Street is completed.
12. The Applicants shall submit a Final Biological Assessment report or letter
confirming that the conclusions and recommendations contained in the draft
Biological Assessment report. dated .lLdy 21. 2004. are Imal.
Decided this /-' day of September 2003.
James M. Driscoll
City of Auburn Hearing Fxaminer� `
" This plat was very complicated and difficult to review. It is strong} suggested that in the future
the Cite separate and review different proposed plats w ith a more traditional process.
Fintligg-,c. ('nnelnsions & Rerummentluliun
Hearing Examiner /or the Cihv o/.1 uburn
Mulik Pike Prc/iminun• Phil. .%,). PO'03-0003
Page 14 t#'14
REQUEST FOR RECONSIDERATION
Any party of record who feels the decision of the Examiner is based on error of procedure, fact or
judgment, or the discovery of new evidence may file a written request for reconsideration with the
Hearing Examiner no later than September 30, 2004, 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 COUNCIL ACTION
This decision of the Hearing Examiner is a recommendation to the City Council and will be considered
by the Council at their October 4, meeting. At the October 4, meeting the Council may either affirm the
Examiner's recommendation, remand the decision back to the Examiner, or schedule a closed record
public hearing.