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HomeMy WebLinkAbout08-15-2005 ITEM VIII-B-7AUctTYof B WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subiect Resolution No. 3892 for Date: Application No. lt04-0007 8/11/2005 Department: Planning Attachments: Resolution No. 3892, Budget Impact: H.E. Decision, Staff Report, Vicinity Map. D.N.S., Application Administrative Recommendation: City Council adopt Resolution No. 3892. Background Summary: The Hearing Examiner on July 19, 2005, conducted a public hearing on the request of Cornerstone Homes and Development for a proposed 107 lot preliminary plat (with tracts) on approximately 40.86 acres on parcels generally located on the east side of 56th Avenue South between, approximately, South 336th Street to the north and Iowa Drive/South 348th Street to the south. In accordance with Auburn City Code Section 17.18.010, the preliminary plat proposal also includes a modification request from a cul-de- sac length standard and a modification request from park dedication standards. Modification requests are processed simultaneously with the preliminary plat request. 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. HEIPLT04-7 AND RES 3892 L0815-2 03.5 PLT04-0007 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: Norman I Staff: Krauss Meeting Date: August 15, 2005 1 Item Number: VIII.B.7 AUBURN *Mi THAN YOU IMAGINED RESOLUTION NO. 3 8 9 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A PRELIMINARY PLAT APPLICATION TO SUBDIVIDE 40.86 ACRES INTO 107 LOTS FOR FUTURE SINGLE-FAMILY DEVELOPMENT, OPEN SPACE, AND A STORM WATER TRACT WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. PLT04-0007, dated July 22, 2005„ has been submitted to the City of Auburn, Washington, by P.J. Datillo of Cornerstone Homes, requesting approval of a preliminary plat application to subdivide 40.86 acres into 107 lots for future single-family development, open space, and a storm water tract within the City of Auburn, Washington; 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 July 19, 2005, of which the Hearing Examiner recommended approval of the preliminary plat on August 2, 2005; and WHEREAS, the City Council, on August 15, 2005, considered said request and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the following Findings of Fact and Conclusions, to -wit: Resolution No. 3892 August 9, 2005 Page 1 FINDINGS OF FACT 1. The Applicant requests approval of a preliminary plat application to subdivide 40.86 acres into 107 lots for future single-family residential development, open space, and a storm water tract. The subject property is comprised of several contiguous parcels located east of 56th Avenue South, between Iowa Drive and South 336th Street. The Applicant also requested modifications from Auburn City Code (ACC) Section 17.12.260 relating to the dedication of land for park and playground purposes and from the City of Auburn Design and Construction standards relating to maximum cul-de-sac length. Exhibit 1, page 1; Testimony of Mr. Osaki; Exhibit 3, Preliminary Plat Map; Exhibit 15, MDNS. 2. The preliminary plat is requested in conjunction with an application for rezone approval to change the subject property's current Single -Family Residential RS zoning designation to Single -Family Residential R2 (City file no. REZ04-005). The requested rezone would reduce the minimum required lot size. Approval of the plat would be conditioned upon approval of the requested rezone by the Auburn City Council. Exhibit 1, page 2; Testimony of Mr. Osaki. 3. The subject property has two zoning designations. If the rezone is approved, the upland area to the west is zoned Single -Family Residential (R2). The eastern portion of the site, which contains steep slopes classified as landslide hazard areas, has a zoning designation of Heavy Commercial (C3). In addition to the steep slopes, the site contains wetlands and a stream runs adjacent to the southern plat boundary. The proposed single-family residential lots would be situated on the residentially zoned portion of the site. The commercially zoned portion of the site would be used for stormwater management and retained as open space. Exhibit 1, page 2; Exhibit 16, Staff Evaluation of Environmental Checklist; Testimony of Mr. Osaki. The subject property contains areas with three Comprehensive Plan Land Use designations: "Single Family Residential," "Heavy Commercial," and "Open Space." Exhibit 1, page 6. 4. The subject property is elevated several hundred feet above the Auburn Valley and is bounded on three sides by the steep slopes. It is located at the western edge of the Auburn City limits, abutting unincorporated King County to the north, south, and west and the City of Algona to the southeast. Access to the plat would be from the west, through unincorporated King County. `Note: All exhibits referenced herein are exhibits attached to the Hearing Examiner's Findings of Fact and Conclusions, which exhibits are incorporated herein. Resolution No. 3892 August 9, 2005 Page 2 Properties east of the site are within the City of Auburn. Some are open space and some are commercially zoned and developed. Properties north and south of the site are vacant with King County urban residential low density zoning and land use designations. West of the site, properties have King County urban residential medium density zoning and land use designations and are developed with scattered single-family residences. Exhibit 1, page 2. Some off-site transportation improvements and portions of proposed wetland mitigation would be constructed off site west of 56th Avenue South within unincorporated King County. Exhibit 15, June 7, 2005 Mitigated Determination of Non -Significance (MDNS); Exhibit 23. 5. The proposed action would include site preparation and construction of a 107 lot single-family subdivision. The proposal would be constructed in one phase and would involve substantial clearing and grading, street improvements, utilities, and wetland/stream mitigation measures. Construction of portions of the proposed utilities would disturb the steep slopes, wetlands, and stream buffer on site, requiring mitigation. Exhibit 15, June 7, 2005 MDNS. 6. The preliminary plat application was reviewed for compliance with R2 zoning standards. The intent of the R2 zoning district is to create an optimum environment for single-family dwellings, in part, through limiting development to relatively low degrees of density. Auburn City Code (ACC) 18.14.010. Single- family residential development is a permitted use in the R2 district. The R2 district requires a minimum lot size of 6,000 square feet and a minimum lot width of sixty feet. The maximum allowed impervious surface coverage is thirty- five percent. Minimum structural setbacks are twenty feet from front lot lines, five feet from side lot lines, and twenty-five feet from rear lot lines. ACC 18.14.040. 7. The smallest proposed lot would be 6,000 square feet, while the largest would be 15,596 square feet, with an average lot size of 7,457 square feet. Exhibit 3, Preliminary Plat Map. The proposed homes, designed to capture views of the Auburn Valley and Mount Rainier, would range from 2,600 to 3,500 square feet in size and would be priced in the upper middle-income price range. Exhibit 38, Access Plan; Exhibit 3, September 29, 2004 Cul-de-sac Modification Request. According to City Planning Staff, not all of the proposed lots satisfy minimum lot dimension requirements or show appropriate building envelopes on the plat map. Approval would be conditioned on all lots conforming to the development standards of the underlying zoning district, including structural setbacks. Exhibit 1, page 3. Resolution No. 3892 August 9, 2005 Page 3 8. Primary access to the project would be from 56th Avenue South, within the City of Auburn, via South 340th Street, within unincorporated King County. New internal plat roads would intersect with 56th Avenue South at five locations. A new internal loop road would provide access to lots in the northern portion of the proposed plat. Two cul-de-sacs would provide access to the lots of the southern end of the plat. A number of lots in the center of the plat would take access directly from 56th Avenue South. Exhibit 3, Preliminary Plat Map. 9. The Applicant's traffic impact analysis projects that the plat would generate 1,053 average weekday trips, including 111 PM peak hour trips. Exhibit 10a, Traffic Impact Analysis, page 5. Under the City's transportation impact fee ordinance (Ordinance 5506), the Applicant must pay a traffic impact fee of $677.71 per lot. Exhibit 10a, Traffic Impact Analysis, page 6. Payment of the traffic impact fee was imposed as a condition of approval for the Mitigated Determination of Non -Significance (MDNS) issued during the environmental review process under the State Environmental Policy Act (SEPA). Exhibit 15, MDNS. 10. In addition, frontage improvements to 56th Avenue South were imposed as conditions of MDNS approval. City of Auburn half street improvements would be required between 336th Street and South 340th Street. Between South 340th Street and a point approximately 200 feet south of South 346th Street, the Applicant would be required to improve 56th Avenue South to full street standards. The Applicant would be required to construct a road connection of 56th Avenue South to South 352nd Street. Exhibit 15, MDNS. 11. A number of off-site road improvements were also imposed as conditions of MDNS approval. These include improvement of South 340th Street between 56th Avenue and 51St Avenue South to King County road standards for sub collector local access streets, including but not limited to provision of a sidewalk and a twenty-four foot pavement width. The Applicant would also be required to improve South 352nd Street between 56th and 51St Avenues South to a twenty- four foot road surface. Finally, the Applicant would be required to improve a portion of the right-of-way on Military Road to improve a line of sight issue and pedestrian safety through vegetation removal, new surfacing, street lighting, and installation of a southbound left turn lane. The Applicant has applied for a right-of-way use permit to construct these improvements within King County. Exhibit 15, MDNS; Exhibits 10a, 10b, and 10c, Testimony of Mr. Bishop; Exhibit 27. 12. Primary emergency vehicle access would be from South 340th Street, with secondary emergency access from South 352nd Street. The City required --------------------------- Resolution No 3892 August 9, 2005 Page 4 an additional secondar emergency vehicle access to serve the portion of the plat north of South 340 Street. The additional secondary route would traverse 55th Avenue South and South 338th Street. The Applicant would be required to improve the additional secondary access route to King County road standards for a rural half street. Exhibit 10b, December 21, 2004 Supplemental T1A. 13. City of Auburn road standards restrict the length of dead end streets, including cul-de-sacs, to 600 feet. Exhibit 1, page 3, citing Design and Construction Standards Section 10.02.5.2. The Applicant requested approval of a modification from the required design standards. The southern end of the proposed plat is particularly limited by the presence of steep slopes to the east and south. In order to provide access to all proposed lots in the south end of the plat, the south -most cul-de-sac is proposed to be 725 feet in length. Elimination of the requested extra 125 feet in street length would reduce the number of lots in the south end of the plat by seven or eight. The Applicant asserts that a loss of eight lots would reduce the overall density below the four to six units per acre required by Comprehensive Plan policies and the requested R2 zoning designation. Exhibit 3, September 29, 2004 Cul-de-sac Modification Request. The City sent the request for modification from road standards to the Fire, City Utilities, and, Transportation departments for review. The Fire Department did not comment on the request, indicating no objection to the modification based on emergency vehicle access. Testimony of Mr. Osaki; Exhibit 1, page 1. 14. Parkland dedication is required for subdivisions creating fifty or more dwelling units. The City requires 6.03 acres of parkland for each 1,000 residents. Within the City, overall parkland acreage should be comprised of seventy-five percent community park space, 12.5 percent neighborhood park space, and 12.5 percent linear park space. The City of Auburn's parkland dedication policy assumes that proposed subdivisions will result in a substantial increase in demand for parkland. Using the estimate of 2.8 people per unit, the plat would be required to dedicate approximately 1.3 acres of community park and one-quarter acre each of neighborhood and linear parkland. The projected costs of the three parks is approximately $260,595.00. ACC 17.12.260; Exhibit 1, page 3; Testimony of Mr. Osaki. Development of a park within the site would reduce the buildable area by 1.6 acres. Exhibit 3, July 19, 2004 Park Modification Request. 15. The Parks and Recreation Chapter of the Auburn Comprehensive Plan's Policy PR -2 requires new development to contribute to the City's parks to meet the demands generated by new households. When a new subdivision does not contain an acceptable park site, the City requires payment of money in lieu of Resolution No. 3892 August 9, 2005 Page 5 land dedication. Criteria for site acceptability include environmental limitations, accessibility, and the relative ability of the site to satisfy the City's park needs than parks developed elsewhere. Exhibit 3, July 19, 2004 Park Modification Request. 16. The Applicant requested to pay fees in lieu of parkland dedication, indicating that parkland within the plat would likely be a benefit only to residents of the plat and neighbors in King County, due to lack of direct access to the plat from the City. Recreational facilities in the vicinity of the proposed plat include GSA Park and the Interurban Trail within the City of Auburn, and Five Mile Lake Park, Lake Geneva Park, and the South County Ballfields in unincorporated King County (within Federal Way's potential annexation area). As proposed, forty-one percent of land within the proposed plat would be permanently set aside as forested open space. Exhibit 3, July 19, 2004 Park Modification Request. The City of Auburn agreed to accept payment of half of the projected costs, or $130,297.49, in lieu of parkland dedication. This equals a per lot fee of $1,217.73, based on the proposed 107 lots. Exhibit 1, page 3; Testimony of Mr. Osaki 17. The City of Federal Way submitted comments concerning impacts to recreation areas outside of Auburn that would not be mitigated by the payment of impact fees to the City of Auburn. In response to Federal Way's concerns, the Applicant noted that the overall Jovita Heights project would include an approximately 18,000 square foot park within the Federal Way potential annexation area adjacent to the buffer of Wetland A across the street from the proposed plat. The park would include a play structure, picnic tables, and possibly a sport court. Exhibit 20, April 19, 2005 AHBL letter; Testimony of Ms. Klein. Upon being informed of the proposed off-site park, the City of Federal Way withdrew its concerns about unmitigated impacts. Exhibit 19; Exhibit 25. 18. The City of Auburn would provide fire protection, police protection, and sanitary sewer service. The Applicant's representative testified that the sewer extension would be stubbed out to the south end of the plat at the time 56th Avenue South is constructed. Testimony of Ms. Klein. The Lakehaven Utility District would provide domestic water and fire flow to the plat. A certificate of water availability was provided. Exhibit 34; Exhibit 35; Exhibit 1, page 4; Testimony of Mr. Osaki. 19. Stormwater runoff from the plat would be collected and treated on-site in a system designed in accordance with City of Auburn Design and Construction standards. Additional stormwater facilities related to the project, including surface water quality and quantity, conveyance systems, and collection Resolution No. 3892 August 9, 2005 Page 6 systems, located within the jurisdiction of King County would be designed according to the King County Surface Water Design Manual (KCSWDM) and the 1993 King County Road Standards. No uncontrolled water would be allowed to flow over the steep slopes at the south end of the plat. Testimony of Mr. Weber. 20. The proposed storm pond, located at the base of the on-site steep slopes, would discharge into City of Algona storm system. The City of Algona indicated that its storm drain facilities do not have capacity to serve the proposed plat. The Applicant must obtain approval from the City of Algona for stormwater conveyance improvements to provide for sufficient downstream capacity. Exhibit 15, MDNS. City Planning Staff recommended that preliminary plat approval be conditioned on placement of the storm pond in a separate tract from the open space and residential tracts. Exhibit 1, page 4; Exhibit 36; Testimony of Mr. Osaki. 21. A portion of the site's proposed stormpond would be located within the Iowa Drive right-of-way that abuts the southern end of the plat. The Applicant has submitted a street vacation application to the City for the affected portion of Iowa Drive. Prior to approval of the site's stormwater management facilities, the Applicant must provide proof either that the right-of-way vacation was approved or an easement was granted to locate stormwater facilities in the right-of-way, or alternatively must redesign the stormwater facilities to occupy only privately owned land within the plat. Exhibit 1, page 4; Testimony of Mr. Osaki. 22. At least one easement granted in favor of the City of Auburn encumbers the subject property in the vicinity of South 344th Street. The City has indicated that it does not need to retain the easement, but it would be the Applicant's responsibility to see that the easement is removed. Exhibit 1, page 5. The Applicant's representative indicated that they intend to take the necessary steps to extinguish the easement. Testimony of Ms. Klein. 23. The subject property is mapped within a Class I Landslide Hazard Area per City of Auburn maps. Auburn Comprehensive Plan Policy EN -70 requires geotechnical studies of landslide hazard areas. The Applicant retained geotechnical consultants to address the issues of slope and soil stability inherent in developing the subject property. Zipper Zeman Associates (ZZA) conducted a slope stability analysis which concluded that with recommended protection measures, the project appears to be feasible from a geotechnical perspective. Historically, approximately the southern third of the site was used as a surface mine. Slope heights average approximately 300 feet and the slopes extend onto neighboring properties. Results from test pits indicate that Resolution No. 3892 August 9, 2005 Page 7 the soils within the proposed development area consist of dense to very dense glacial till and glacial outwash, which are both considered suitable for road and foundation construction. No evidence of recent large-scale landslides was observed. The site's soils are considered to have low susceptibility to liquefaction during seismic events. The geotechnical report recommended that development on residential lots should observe a twenty-five foot buffer from the top of all natural and construction slopes and that structures be set back a minimum of ten feet from the buffer. Exhibit 13, July 13, 2004 ZZA Geotechnical Evaluation. Lots subject to the steep slope buffers and structural setbacks would be noted on the final plat map, as would restrictions on development within those areas. Additional lot -specific geotechnical evaluation would be required prior to construction on all lots proposed to contain rockeries or retaining walls. Exhibit 15, MDNS. 24. Approximately seventeen acres encumbered by steep slopes would be left undisturbed as forested open space. A condition of MDNS approval requires the Applicant to record a native growth protection easement (NGPE) for all portions of the plat not developed with residential lots, including the storm pond and conveyance facilities. All natural slopes below buffers and proposed retaining walls must be left undisturbed, with no clearing, tree removal, grading, or construction. The language of the NGPE must be approved by the Planning and Community Development Director prior to recording. Exhibit 15, MDNS. 25. There are two wetlands on-site. Wetland W is 7,194 square feet in area and is vegetated with trees, scrub, and shrub. It extends off-site to the west and is located within the 56th Avenue South right-of-way, north of South 340th Street. It drains to the south during storm events through constructed culverts and a man-made ditch. Despite its forested wetland class, Wetland W has low function and value due to its small size and disturbed nature. The second on- site wetland, Wetland X is a twenty-one foot depression that collects water located entirely within the 56th Avenue South right-of-way in the City of Auburn. It is not vegetated. Due to its small size and lack of vegetation, it has extremely low value and function. Exhibit 11, February 11, 2005 Wetland and Stream Analysis report by B -twelve Associates, Inc. 26. Off-site Wetland A is located west of 56th Avenue South in unincorporated King County. It is greater than one acre in area and includes forested, shrub -scrub, and emergent vegetation. It is classified as a Class II wetland under the King County Code. Stream A appears to start at the south end of Wetland A. Immediately near the wetland, the channel of Stream A is severely disturbed from dumping, two crossings, and apparent four-wheel drive vehicle use. Approximately 230 feet south of its origin, Stream A becomes Resolution No. 3892 August 9, 2005 Page 8 relatively undisturbed, flowing intermittently in a channel 1.5 to two feet in width. Although it is densely canopied with varied vegetation, Stream A is not a fish bearing stream, likely due to the extremely steep slopes to the east. Stream A drains to Jovita Creek and then to Mill Creek and is a likely candidate for future restoration. Exhibit 11, February 11, 2005 Wetland and Stream Analysis report by B -twelve Associates, Inc. 27. Development of the project would involve filling all of Wetland X and the portion of Wetland W within the 56th Avenue South right-of-way. To minimize the impacts, the road alignment would be adjusted as far to the east as possible and road improvement would be limited to the minimum road width allowed by the City. A total fill of 816.5 square feet of on-site Wetland W would be filled. An additional 844.6 square feet would be filled during the construction of Jovita Heights lots within King County, for a total impact of 1,661 square feet. Approximately 7,396 square feet of Wetland W's buffer would be filled in the construction of road improvements. As proposed, the remainder of Wetland W would be 5,554 square feet in area and would continue to provide habitat, storm water, and water quality functions. Exhibit 11, February 11, 2005 Wetland and Stream Analysis report by B -twelve Associates, Inc. 28. To compensate for the loss of on-site wetlands and associated buffer area, the Applicant proposed to permanently protect through conservation easement all portions of off-site Wetland A under its control. The conservation easement area would include those portions of wetlands and associated buffers within the South 344th and 346th Street rights-of-way that the Applicant proposes to vacate. The conservation easement would permanently prohibit development within its boundaries, which are depicted in the wetland study submitted on behalf of the Applicant by B -twelve Associates at Exhibit 12. Overall, 61,000 square feet of wetland and 12,400 square feet of wetland buffer would be permanently protected as compensation for the proposed impacts to Wetlands W and X and the associated buffers. The conservation easement described above was made a condition of MDNS approval. Exhibit 15, MDNS. 29. The plat would be served by facilities within the Federal Way School District (the District) including Lakeland Elementary, New Middle School, and Todd Beamer High School. The District submitted comments indicating that schools in the vicinity do not have capacity to serve the anticipated school -aged residents of the plat. The City of Auburn does not have an interlocal agreement to collect school impact fees on behalf of the District. However, the City code stipulates that subdivisions must make adequate provision for school sites and school grounds. ACC 17.02.030(E). The District submitted comments requesting impact fee payment based on its 2004 capital facilities plan. Exhibit Resolution No. 3892 August 9, 2005 Page 9 21. The District subsequently submitted its 2006 Capital Facilities Plan, requesting that the City adopt the plan as a sub -element of the City of Auburn Comprehensive Plan and include the Federal Way School District in the City's school impact fee ordinance. Exhibit 37, 2006 Capital Facilities Plan. At hearing, the Applicant's representative testified that the Applicant would agree to pay a reasonable per unit impact fee at time of building permit approval to mitigate school impacts despite the lack of interlocal agreement. Testimony of Ms. Klein. A condition of preliminary plat approval would be necessary to ensure that school impacts are adequately mitigated. Testimony of Mr. Osaki, Testimony of Ms. Walker. 30. The nearest existing elementary school bus stop is located at the intersection of South 340th Street and Peasely Canyon Way, and the nearest middle and high school bus stop is at the intersection of South 340th Street and Military Road. The District requested that the Applicant be required to provide safe pedestrian access to the existing bus stops. Exhibit 21; Testimony of Ms. Walker. The proposed plat would provide sidewalks along the full length of the site's 56th Avenue South frontage. MDNS conditions require construction of sidewalks on South 340th Street from 56th to 51St Avenue South. The roadway would be improved to a twenty -four -foot pavement width, further contributing to pedestrian safety. The sidewalk ending at 51 st Avenue South would connect to Military Road by an eight -foot pedestrian walkway along the shoulder of South 340th Street. Street lights would be installed on Military Road for 300-400 feet on either side of the intersection with South 340th Street. Testimony of Ms. Klein; Exhibit 15, MDNS. 31. According to the King County Traffic Engineer, while the paved pedestrian path as proposed would provide an adequate walkway, pedestrian safety could be improved by including an extruded or mountable curb to separate vehicle and pedestrian traffic. Testimony of Ms. Langley; Exhibit 27; Exhibit 15, MDNS; Testimony of Mr. Cheslan. 32, The Applicant has initiated discussions with the Federal Way School District about relocating the bus stops within or adjacent to the plat. Road improvements installed with the plat would create a loop connection throughout the neighborhood accessible by bus. The District indicated that it would consider relocating bus stops to the plat. Testimony of Mr. Bishop; Exhibit 26, June 1, 2005 AHBL letter; Exhibit 26, May 18, 2005 District letter. 33. Pursuant to the SEPA, the City of Auburn acted as lead agency for review of environmental impacts caused by the proposed rezone and preliminary plat. The City issued a Final MDNS on June 7, 2005 containing Resolution No. 3892 August 9, 2005 Page 10 twenty-five conditions requiring mitigating measures to reduce potential adverse impacts to a point of non -significance. No appeals were filed before the June 28, 2005 appeal deadline. The conditions of MDNS approval require the following: compliance with the geotechnical recommendations from the July 13, 2004 ZZA report; creation of a native growth protection easement for the steep slopes to be retained as open space; continued geotechnical oversight of infrastructure and residential development; control and monitoring for excavation and import of fill materials; City Engineering approval for rockeries and retaining walls to be placed on individual lots with slopes; storm drainage conveyance, detention, and water quality treatment facilities; dust and emissions controls; additional analysis of impacted wetlands; permanent protection of off-site Wetland A through recording of a protective conservation easement on each lot within Jovita Heights controlled presently or in future by the Applicant; critical areas signage; stream enhancement; road improvements to 56` Avenue South, South 340th Street, South 352nd Street, and Military Road; provision of safe pedestrian paths between 56th Avenue South and Peasely Canyon Way, continuing to Military Road; submittal of a landscape/reforestation plan for work within the steep slope portion of the site; proof of approval from the City of Algona for stormwater conveyance facilities within that jurisdiction; submittal of additional surface water assessment for affected portions of unincorporated King County; and, financial guarantees. Exhibit 15, MDNS; Testimony of Mr. Osaki. 34. The City received public comments on the proposed plat concerning speeding traffic and pedestrian safety on South 340th Street, particularly at the intersections with 55 h, 53`d, and 51st Avenues South. Public comments called for installation of traffic calming devices, reduction of the speed limit, installation of amber caution lights, separation of the pedestrian path from traffic with a curb, and installation of street lights along South 340th Street. Also, a concern was raised that the new road surfaces would exacerbate existing storm drainage problems between 51st and 53`d Avenues South on South 3401 Street. Exhibit 17,• Exhibit 22; Testimony of Mr. McDonnell; Testimony of Mr. Cheslan; Testimony of Mr. Evans. The King County Traffic Engineer testified that installation of traffic calming devices (e.g., signalization, traffic circles, amber caution lights) is not warranted under King County roads standards by the anticipated increase in traffic. As part of ongoing supervision of County roads, the County will assess the need for speed limit revisions after all physical changes have been made to the road, but no change is currently justified. County road standards do not require installation of street lighting on South 340th and 342nd Streets. A curb would be provided along South 340th Street's sidewalk as part of the road improvements. Anticipated traffic impacts from the development would be mitigated by the road improvements required as Resolution No. 3892 August 9, 2005 Page 11 conditions of MDNS approval, including the clearing of vegetation at the intersection with Military Road. Testimony of Ms. Langley; Exhibit 27. Addressing stormwater concerns, as a condition of MDNS approval, the Applicant must submit an assessment/evaluation of existing and anticipated future drainage conditions on all portions of roadway to be improved within King County as part of the plat. The Applicant must propose and implement appropriate mitigation measures consistent with the 2005 King County Surface Water Design Manual, which must be reviewed and approved by King County prior to final plat approval. Exhibit 15, MDNS. 35. Notice of the application for preliminary plat and of the public hearing was mailed to surrounding property owners and posted on-site in accordance with City of Auburn requirements. Exhibits 4, 5, 6, 7, and 8; Testimony of Mr. Osaki. 36. The City received letters from some King County property owners concerned that the conservation easement proposed to surround off-site Wetland A, as mitigation for impacts to Wetlands W and X, would isolate their properties and render them less valuable. Exhibits 18, 24, and 40, letters from Shahnaz and Abdul Chahim; Exhibit 39, letter from Boyd and Susan Watkins. The SEPA Responsible Official for the City determined that the impacts of future development of property in unincorporated King County would be more appropriately addressed by King County. Exhibit 15, MDNS. CONCLUSIONS Jurisdiction The Hearing Examiner is granted authority to make a recommendation to the Auburn City Council on preliminary plat applications pursuant to ACC 14.03.040(A) and 17.06.050. Pursuant to ACC 17.18.010, the Hearing Examiner may recommend, and the City Council may approve, a modification of any standard or specification established in Chapter 17.12 ACC, Subdivision Improvements, upon making the findings in ACC 17.18.030. Requests for modification are processed simultaneously with the preliminary plat. Criteria for Preliminary Plat Review For a preliminary plat application to be approved, the Applicants must demonstrate the following: Resolution No. 3892 August 9, 2005 Page 12 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; 2. Conformance of the proposed subdivision to the general purposes of the comprehensive plan; 3. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans which have been adopted by the city council; 4. Conformance of the proposed subdivision to the general purposes of this title, as enumerated in ACC 17.02.030; 5. Conformance of the proposed subdivision to the Auburn zoning ordinance and any other applicable planning or engineering standards and specifications as adopted by the city, or as modified and approved as part of a PUD pursuant to Chapter 18.69 ACC; 6. The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment; 7. Adequate provisions are made so that the preliminary plat will prevent or abate public nuisances. ACC 17.06.070. Criteria for Modifications to Plat Standards 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 rights and privileges permitted to other properties in the vicinity and in the zoning district in which the subject property is located. 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. Resolution No. 3892 August 9, 2005 Page 13 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 lessen the requirements of the zoning ordinance. Any such modification must be processed as a variance pursuant to ACC 18.70.010. ACC 17.18.030. 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 school grounds. Conditions of approval would ensure that the preliminary plat is only approved upon City Council approval of the requested rezone of the residential portion of the subject property to R2. Assuming rezone approval, conditions of approval would ensure that the subdivision would result in 107 new residential lots that would meet or exceed R2 zoning requirements. Design of each residential lot would accommodate and protect on-site slopes, including installation stormwater conveyance facilities down the slopes to a storm pond in the eastern, commercially zoned portion of the site. The project would permanently protect seventeen acres of open space including on-site slopes and associated buffers in a native growth protection easement to be dedicated to the City. The Lakehaven Utility District would provide potable water and fire flow. Police and fire protection and sanitary sewer service would be provided by the City of Auburn. New internal plat roads and 56th Avenue South would be improved to City of Auburn road standards. Road facilities within unincorporated King County, including portions of South 338th, 340", and 352nd Streets and 51St and 55th Avenues South, would be improved to King County Road Standards. Adequate emergency vehicle access would be provided. Conditions of plat approval would ensure that the Applicant provides utilities connection to each lot and that the sanitary sewer extension stubs out at the south end of road improvements on 56th Avenue South. Storm water would be collected and conveyed down the slopes to an on-site storm pond designed in compliance with City of Auburn standards. Downstream facilities within the City of Algona would be improved to provide adequate capacity for the increased ------------------------ Resolution No. 3892 August 9, 2005 Page 14 runoff caused by the plat. School aged residents of the subdivision would attend Federal Way School District schools. Conditions of approval would ensure that safe pedestrian paths are provided between the plat and the existing bus stops at the intersections of Peasely Canyon Road and Military Road with South 340th Street. A condition of approval would ensure that the paved pedestrian path between the sidewalk end at 51St Avenue South and Military Road would include an extruded or mountable curb to enhance pedestrian safety. The Applicant has agreed to pay reasonable school impact fees in an amount to be negotiated between the Applicant and the District determined according to the methodology described in the Federal Way Public Schools 2006 Capital Facilities Plan. Findings Nos. 2-8, 12, 18-24, 29-32, 34, and 36. 2. The subdivision would conform to the general purposes of the City of Auburn Comprehensive Plan. The subdivision would be consistent with the Comprehensive Plan's residential land use designation for the site. Findings Nos. 3, 6, and 7. 3. With conditions of approval, the project would conform to the subdivision title of the Auburn City Code, the zoning ordinance, and all other applicable policies or plans adopted by the Auburn City Council. As conditioned, the subdivision would be consistent with the purposes and regulations of the subdivision title, with the City's design and construction standards, and with applicable Critical Areas provisions. Findings Nos. 6-12 and 23-28. 4. With conditions, potential environmental impacts of the proposed subdivision would be mitigated. Compliance with the conditions of approval of the City's MDNS will ensure that adverse impacts are mitigated to a point of non -significance. Findings Nos. 23-28 and 33. 5. The subdivision will not create or contribute to public nuisances. Conditions of MDNS approval require the Applicant to submit an analysis of drainage impacts caused by the proposed road improvements within unincorporated King County and to mitigate drainage problems in accordance with King County requirements. Findings Nos. 33 and 34. 6. The requested modification to parkland dedication requirements of ACC 17.12 should be approved. The site is significantly isolated by its topography. No direct access into the plat from the City of Auburn is possible. Parkland dedicated within the plat would only be effectively available to residents of the plat and neighbors in King County. The plat would provide Resolution No. 3892 August 9, 2005 Page 15 more than seventeen acres of permanently protected open space. The Applicant's plans for the portion of the project within King County across the street from the plat include provision of a park to include a play structure and picnic tables. At least five significant recreational opportunities exist within a short distance of the plat. City staff recommends approval of payment of a fee in lieu of parkland dedication as more consistent with the City's park and recreation policies. Findings Nos. 4 and 14-17. 7. The requested modification to the cul-de-sac length standards of ACC 17.12 should be approved. The site's significant topographic limitations necessitate deviation from standard street layouts. Development of the proposed 107 lots would be consistent with the density required by the underlying land use designation, as well as that required by the requested zoning designation of R2. City utilities, transportation, and fire department staff submitted no objections to the requested cul-de-sac length modification. Findings Nos. 4 and 13. RECOMMENDATION Based on the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends to the Auburn City Council that the request for preliminary plat approval to subdivide 40.86 acres into 107 lots for future single- family development, an open space tract, and a storm water tract in Auburn, Washington should be APPROVED, subject to the following conditions: 1. Approval of the proposed preliminary plat is conditioned upon prior approval of the requested rezone changing the zoning designation of the residential portion of the subject property from RS to R2 (REZ04-0005). 2. Prior to final plat approval, all lots shall comply with minimum dimensional standards of the R2 zoning district, including provision of building envelopes on each lot capable of complying with required structural setbacks. 3. The storm pond shall be identified as a separate tract on the final plat. 4. Prior to final plat approval, the Applicant shall enter into an agreement with the City to provide a fee in lieu of parkland dedication. The format of the agreement shall be acceptable to the City. The amount of the fee in lieu shall be based on the formula identified in Finding number 16. The fee shall be paid prior to Final Plat approval. If the fee cannot be agreed upon, the Applicant shall provide the required park dedication space within the plat. Resolution No. 3892 August 9, 2005 Page 16 5. Prior to final plat approval, the Applicant shall execute an agreement with the Federal Way School District to pay per lot school impact mitigation fees in an amount to be negotiated between the parties based on the methodology detailed in the Federal Way Public Schools 2006 Capital Facilities Plan, in the record at Exhibit 37. The fees shall be paid at time of building permit issuance. 6. The sewer extension shall be stubbed the to the south end of 56th Avenue South road improvements prior to the time completion of road construction. 7. The pedestrian walkway connecting the South 340th Street sidewalk from 51St Avenue South to Military Road shall incorporate an extruded or mountable curb, approved by King County Traffic Engineer. All pedestrian pathways connecting the plat to existing bus stops at Peasely Canyon Way and at Military Road shall be completed prior to building permit issuance. 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 to subdivide 40.86 acres into 107 lots for future single-family development, an open space tract, and a storm water tract 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. Resolution No. 3892 August 9, 2005 Page 17 DATED and SIGNED this _ day of 2004. CITY OF AUBURN MAYOR ATTEST: Danielle E. Daskam, City Clerk TO FORM: ffaniel B. Hel City Attorney Resolution No. 3892 August 9, 2005 Page 18 Exhibit "A" Resolution No. 3892 LEGAL DESCRIPTION OF PROPERTY Lot 15, Block 13, Jovita Heights, according to the plat. thereof in Volume 20 of Plats, page 12, in King County, Washington. BEFORE THE HEARING EXAMINER OF THE CITY OF AUBURN In the Matter of the Application of ) NO. PLT04-0007 P.J. Datillo, Cornerstone Homes ) Jovita Heights Plat For Preliminary Plat ) FINDINGS, CONCLUSIONS, AND RECOMMENDATION SUMMARY OF RECOMMENDATION The request for approval of a preliminary plat application to subdivide 40.86 acres into 107 lots for future single-family development, open space, and a storm water tract in Auburn, Washington should be GRANTED, subject to conditions. SUMMARY OF RECORD Requests P.J. Datillo of Cornerstone Homes, represented by Lisa Klein of AHBL Consulting Engineers (Applicants), requested approval of a preliminary plat application to subdivide 40.86 acres into 107 lots for future single-family residential development, an open space tract, and a storm water tract. The subject property is comprised of several contiguous parcels located east of 56th Avenue South between Iowa Drive and South 336th Street. The Applicant also requested modifications from Auburn City Code (ACC) Section 17.12.260 relating to the dedication of land for park and playground purposes and from the City of Auburn Design and Construction standards relating to maximum cul-de-sac length. Hearing Date An open record hearing was held before the Hearing Examiner of the City of Auburn on July 19, 2005. Testimonv At the open record hearing, the following individuals presented testimony under oath: David Osaki, City of Auburn Planning Department Lisa Klein, Applicant Representative Matt Weber, PE, for the Applicant Victor Bishop, Traffic Engineer for the Applicant Kristin Langley, King County Traffic Engineer Geri Walker, Federal Way School District Enrollment and Demographic Analyst Dan McDonnell Malcolm Phillips Ray Evans Shawn Evans Dustin Cheslan Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Jovita Heights Preliminary Plat, PLT04-0005 page 1 of 17 Exhibits At the hearing the following exhibits were submitted as part of the record of this proceeding: Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Application, including letters requesting modifications and Preliminary Plat Map dated March 14, 2005 Exhibit 4 Notice of Application Exhibit 5 Notice of Public Hearing Exhibit 6 Affidavit of Posting Exhibit 7 Affidavit of Mailing Exhibit 8 Confirmation of Publication of Legal Notice Exhibit 9 Aerial Photograph Exhibit 10 Traffic Impact Analysis, dated June 11, 2004, prepared by Transportation Planning and Engineering, Inc. (l Oa), with subsequent updates dated December 21, 2004 (lob), and September 28, 2004 (1Oc) Exhibit 11 Wetland and Stream Analysis Report, dated February 11, 2005, prepared by B - twelve Associates, Inc. Exhibit 12 Wetland Mitigation Alternative #3, supplement to Cornerstone Homes - Jovita Heights Wetland and Stream Analysis Report, dated March 23, 2005 Exhibit 13 Preliminary Geotechnical Evaluation, dated July 2004, prepared by Zipper Zeman Associates, Inc., with supplements dated August 24, 2004 (for the proposed sewer line), and clarifications dated March 2, 2005, May 31, 2005, and June 6, 2005 Exhibit 14 Revised SEPA Checklist, received by the City of Auburn Planning Department, February 15, 2005 Exhibit 15 Final Mitigated Determination of Non -Significance, June 7, 2005 Exhibit 16 Final Staff Evaluation of the Checklist Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Jovita Heights Preliminary Plat, PL T04-0005 page 2 of 17 Exhibit 17 January 23, 2005 letter from Ronald and Geraldine Duncan to Cornerstone Development Exhibit 18 March 1, 2005 letter from Ms. Shanaz Chahim Exhibit 19 March 21, 2005 letter from the Ms. Kathy McClung, Community Development Services Director, City of Federal Way Exhibit 20 April 19, 2005 Letter from Lisa Klein, Planner, AHBL Exhibit 21 April 20, 2005 letter from Ms. Sally McClean, Chief Financial Officer, Federal Way School District Exhibit 22 April 20, 2005 letter from Raymond and Shawn Evans Exhibit 23 April 20, 2005 letter from Ms. Kathy McClung, Community Development Services Director, City of Federal Way Exhibit 24 April 20, 2005 letter from Ms. Shanaz Chahim Exhibit 25 May 11, 2005 letter from Ms. Kathy McClung, Community Development Services Director, City of Federal Way Exhibit 26 May 18, 2005 letter from Ms. Geri Walker, Enrollment and Demographic Analyst, Federal Way Public Schools Exhibit 27 Email from Kristen Langley, King County Department of Transportation to David Osaki, City of Auburn, regarding letter from Raymond and Shawn Evans Exhibit 28 Letter from Lisa Klein, AHBL, to David Osaki, City of Auburn. Applicant's response to public comment received during the SEPA comment period Exhibit 29 June 7, 2005 Letter of response from Paul Krauss to the City of Federal Way Exhibit 30 June 7, 2005 Letter of response from Paul Krauss to the Federal Way School District Exhibit 31 June 7, 2005 Letter of response from Paul Krauss to Ms. Shanaz Chahim Exhibit 32 June 7, 2005 Letter of response from Paul Krauss to Raymond and Shawn Evans Exhibit 33 June 7, 2005 Letter of response from Paul Krauss to Lisa Klein Exhibit 34 City of Auburn Resolution No. 3824 related to Interlocal Agreement with Lakehaven Utility District for sewer service Findings, Conclusions, and Recommendation Hearing Examiner for City ofAuburn dovito Heights Preliminary Plat, PLT04-0005 page 3 of 17 Exhibit 35 Certificate of Water Availability, Lakehaven Utility District Exhibit 36 March 15, 2005 letter from Gray & Osborne to Mr. Tim Reber, City of Algona Public Works Director, regarding Algona stormwater improvements to serve the proposal Exhibit 37 July 1, 2005 letter from Ms. Denise Stiffarm to the City of Auburn regarding school impact fees for the Federal Way School District, with attached Federal Way Public Schools 2006 Capital Facilities Plan Exhibit 38 Access Plan, dated May 2005 Exhibit 39 July 8, 2005 letter from Boyd and Susan Watkins Exhibit 40 July 13, 2005 letter from Shahnaz and Abdul Chahim Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS The Applicant requests approval of a preliminary plat application to subdivide 40.86 acres into 107 lots for future single-family residential development, open space, and a storm water tract.' The subject property is comprised of several contiguous parcels located east of 56th Avenue South, between Iowa Drive and South 336th Street 2 The Applicant also requested modifications from Auburn City Code (ACC) Section 17.12.260 relating to the dedication of land for park and playground purposes and from the City of Auburn Design and Construction standards relating to maximum cul-de-sac length. Exhibit 1, page 1; Testimony of Mr. Osaki; Exhibit 3, Preliminary Plat Map; Exhibit 15, MDNS. The preliminary plat is requested in conjunction with an application for rezone approval to change the subject property's current Single -Family Residential RS zoning designation to Single -Family Residential R2 (City file no. REZ04-005). The requested rezone would reduce the minimum required lot size. Approval of the plat would be conditioned upon approval of the requested rezone by the Auburn City Council. Exhibit 1, page 2; Testimony of Mr. Osaki. ' The overall area within the City of Auburn included in the project includes 40.86 acres; however, the residentially zoned portion of the subject property is 35.25 acres in area. Exhibit 1, page 1; Exhibit 3, Preliminary Plat Map; Testimony of Ms. Klein. s The legal descriptions of the parcels comprising the site are depicted on the face of the preliminary plat map. Exhibit 3, Preliminary Plat Map. Findings, Conclusions, and Recommendation Hearing Examinerfor City ofAuburn Jovita Heights Preliminary Plat, PLT04-0005 page 4 of 17 The subject property has two zoning designations. If the rezone is approved, the upland area to the west is zoned Single -Family Residential (R2). The eastern portion of the site, which contains steep slopes classified as landslide hazard areas, has a zoning designation of Heavy Commercial (0). In addition to the steep slopes, the site contains wetlands and a stream runs adjacent to the southern plat boundary. The proposed single-family residential lots would be situated on the residentially zoned portion of the site. The commercially zoned portion of the site would be used for stormwater management and retained as open space. Exhibit 1, page 2; Exhibit 16, Staff Evaluation of Environmental Checklist; Testimony of Mr. Osaki. The subject property contains areas with three Comprehensive Plan Land Use designations: "Single Family Residential," "Heavy Commercial," and "Open Space." Exhibit 1, page 6. 4. The subject property is elevated several hundred feet above the Auburn Valley and is bounded on three sides by the steep slopes. It is located at the western edge of the Auburn City limits, abutting unincorporated King County to the north, south, and west and the City of Algona to the southeast. Access to the plat would be from the west, through unincorporated King County. Properties east of the site are within the City of Auburn. Some are open space and some are commercially zoned and developed. Properties north and south of the site are vacant with King County urban residential low density zoning and land use designations. West of the site, properties have King County urban residential medium density zoning and land use designations and are developed with scattered single-family residences. Exhibit 1, page 2. Some off-site transportation improvements and portions of proposed wetland mitigation would be constructed off site west of 56t1 Avenue South within unincorporated King County.3 Exhibit 15, June 7, 2005 Mitigated Determination ofNon- Significance (MDNS); Exhibit 23. 5. The proposed action would include site preparation and construction of a 107 lot single- family subdivision. The proposal would be constructed in one phase and would involve substantial clearing and grading, street improvements, utilities, and wetland/stream mitigation measures. Construction of portions of the proposed utilities would disturb the steep slopes, wetlands, and stream buffer on site, requiring mitigation. Exhibit 15, June 7, 2005 MDNS. 6. The preliminary plat application was reviewed for compliance with R2 zoning standards. The intent of the R2 zoning district is to create an optimum environment for single-family dwellings, in part, through limiting development to relatively low degrees of density. Auburn City Code (ACC) 18.14.010. Single-family residential development is a permitted use in the R2 district. The R2 district requires a minimum lot size of 6,000 square feet and a minimum lot width of sixty feet, The maximum allowed impervious surface coverage is thirty-five percent. Minimum structural setbacks are twenty feet from front lot lines, five feet from side lot lines, and twenty-five feet from rear lot lines. ACC 18.14.040. ' While the overall Jovita Heights Plat project includes residential lots and a park across 56" Avenue South within unincorporated King County, only the proposed development within the City of Auburn is addressed in this recommendation. Exhibit 38, Jovita Heights Access Plan. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Jovita Heights Preliminary Plat, PLT04-0005 page 5 of 17 The smallest proposed lot would be 6,000 square feet, while the largest would be 15,596 square feet, with an average lot size of 7,457 square feet. Exhibit 3, Preliminary Plat Map. The proposed homes, designed to capture views of the Auburn Valley and Mount Rainier, would range from 2,600 to 3,500 square feet in size and would he priced in the upper middle- income price range. Exhibit 38, Access Plan; Exhibit 3, September 29, 2004 Cul-de-sac Modification Request. According to City Planning Staff, not all of the proposed lots satisfy minimum lot dimension requirements or show appropriate building envelopes on the plat map. Approval would be conditioned on all lots conforming to the development standards of the underlying zoning district, including structural setbacks. Exhibit 1, page 3. 8. Primary access to the project would be from 56h Avenue South, within the City of Auburn, via South 340th Street, within unincorporated King County. New internal plat roads would intersect with 56,' Avenue South at five locations. A new internal loop road would provide access to lots in the northern portion of the proposed plat. Two cul-de-sacs would provide access to the lots of the southern end of the plat. A number of lots in the center of the plat would take access directly from 56th Avenue South. Exhibit 3, Preliminary Plat Map. 9. The Applicant's traffic impact analysis projects that the plat would generate 1,053 average weekday trips, including 111 PM peak hour trips. Exhibit 10a, Traff c Impact Analysis, page 5. Under the City's transportation impact fee ordinance (Ordinance 5506), the Applicant must pay a traffic impact fee of $677.71 per lot. Exhibit 10a, Traffic Impact Analysis, page 6. Payment of the traffic impact fee was imposed as a condition of approval for the Mitigated Determination of Non -Significance (MDNS) issued during the environmental review process under the State Environmental Policy Act (SEPA).4 Exhibit 15, MDNS. 10. In addition, frontage improvements to 56th Avenue South were imposed as conditions of MDNS approval. Cit of Auburn half street improvements would be required between 336th Street and South 340' Street. Between South 3401h Street and a point approximately 200 feet south of South 346th Street, the Applicant would be required to improve 56,' Avenue South to full street standards. The Apylicant would be required to construct a road connection of 560h Avenue South to South 352" Street. Exhibit 15, MDNS. 11. A number of off-site road improvements were also imposed as conditions of MDNS approval. These include improvement of South 340,' Street between 50h Avenue and 51" Avenue South to King County road standards for sub collector local access streets, including but not limited to provision of a sidewalk and a twenty-four foot pavement width. The Applicant would also be required to improve South 352nd Street between 56,' and 51't Avenues South to a twenty-four foot road surface.5 Finally, the Applicant would be required See Finding Number 33 for more details about the MDNS issued on June 7, 2005 for this application. 5 Reductions in street width along South 352nd Street may be allowed for the purpose of significant tree retention. Exhibit 15, MDNS. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Jovita Heights Preliminary Plat, PLT04-0005 page 6 of 17 to improve a portion of the right-of-way on Military Road to improve a line of sight issue and pedestrian safety through vegetation removal, new surfacing, street lighting, and installation of a southbound left turn lane. The Applicant has applied for a right-of-way use permit to construct these improvements within King County. Exhibit 15, MDNS,- Exhibits l0a, lob, and l0c; Testimony of Mr. Bishop; Exhibit 27. 12. Primary emergency vehicle access would be from South 3401h Street, with secondary emergency access from South 352nd Street. The City required an additional secondary emergency vehicle access to serve the portion of the plat north of South 340`' Street. The additional secondary route would traverse 55th Avenue South and South 338`h Street. The Applicant would be required to improve the additional secondary access route to King County road standards for a rural half street. Exhibit lob, December 21, 2004 Supplemental TIA. 13. City of Auburn road standards restrict the length of dead end streets, including cul-de-sacs, to 600 feet. Exhibit 1, page 3, citing Design and Construction Standards Section 10.02.5.2. The Applicant requested approval of a modification from the required design standards. The southern end of the proposed plat is particularly limited by the presence of steep slopes to the east and south. In order to provide access to all proposed lots in the south end of the plat, the south -most cul-de-sac is proposed to be 725 feet in length. Elimination of the requested extra 125 feet in street length would reduce the number of lots in the south end of the plat by seven or eight. The Applicant asserts that a loss of eight lots would reduce the overall density below the four to six units per acre reuqired by Comprehensive Plan policies and the requested R2 zoning designation. Exhibit 3, September 29, 2004 Cul-de-sac Modification Request. The City sent the request for modification from road standards to the Fire, City Utilities, and, Transportation departments for review. The Fire Department did not comment on the request, indicating no objection to the modification based on emergency vehicle access. Testimony of Mr. Osaki; Exhibit 1, page 1. 14. Parkland dedication is required for subdivisions creating fifty or more dwelling units. The City requires 6.03 acres of parkland for each 1,000 residents. Within the City, overall parkland acreage should be comprised of seventy-five percent community park space, 12.5 percent neighborhood park space, and 12.5 percent linear park space. The City of Auburn's parkland dedication policy assumes that proposed subdivisions will result in a substantial increase in demand for parkland. Using the estimate of 2.8 people per unit, the plat would be required to dedicate approximately 1.3 acres of community park and one-quarter acre each of neighborhood and linear parkland. The projected costs of the three parks is approximately $260,595.00. ACC 17.12.260; Exhibit 1, page 3; Testimony of Mr. Osaki. Development of a park within the site would reduce the buildable area by 1.6 acres. Exhibit 3, July 19, 2004 Park Modification Request. 15. The Parks and Recreation Chapter of the Auburn Comprehensive Plan's Policy PR -2 requires new development to contribute to the City's parks to meet the demands generated by new households. When a new subdivision does not contain an acceptable park site, the City requires payment of money in lieu of land dedication. Criteria for site acceptability include Findings, Conclusions, and Recommendation Hearing Examiner for City ofAuburn Jovita Heights Preliminary Plat, PLT04-0005 page 7of17 environmental limitations, accessibility, and the relative ability of the site to satisfy the City's park needs than parks developed elsewhere. Exhibit 3, July 19, 2004 Park Modification Request. 16. The Applicant requested to pay fees in lieu of parkland dedication, indicating that parkland within the plat would likely be a benefit only to residents of the plat and neighbors in King County, due to lack of direct access to the plat from the City. Recreational facilities in the vicinity of the proposed plat include GSA Park and the Interurban Trail within the City of Auburn, and Five Mile Lake Park, Lake Geneva Park, and the South County Ballfields in unincorporated King County (within Federal Way's potential annexation area). As proposed, forty-one percent of land within the proposed plat would be permanently set aside as forested open space. Exhibit 3, July 19, 2004 Park Modification Request. The City of Auburn agreed to accept payment of half of the projected costs, or $130,297.49, in lieu of parkland dedication. This equals a per lot fee of $1,217.73, based on the proposed 107 lots. Exhibit 1, page 3; Testimony of Mr. Osaki. 17. The City of Federal Way submitted comments concerning impacts to recreation areas outside of Auburn that would not be mitigated by the payment of impact fees to the City of Auburn. In response to Federal Way's concerns, the Applicant noted that the overall Jovita Heights project would include an approximately 18,000 square foot park within the Federal Way potential annexation area adjacent to the buffer of Wetland A across the street from the proposed plat. The park would include a play structure, picnic tables, and possibly a sport court. Exhibit 20, April 19, 2005 AHBL letter; Testimony of Ms. Klein. Upon being informed of the proposed off-site park, the City of Federal Way withdrew its concerns about unmitigated impacts. Exhibit 19; Exhibit 25. 18. The City of Auburn would provide fire protection, police protection, and sanitary sewer service.6 The Applicant's representative testified that the sewer extension would be stubbed out to the south end of the plat at the time 56a' Avenue South is constructed. Testimony of Ms. Klein. The Lakehaven Utility District would provide domestic water and fire flow to the plat. A certificate of water availability was provided. Exhibit 34; Exhibit 35; Exhibit 1, page 4; Testimony of Mr. Osaki. 19. Stormwater runoff from the plat would be collected and treated on-site in a system designed in accordance with City of Auburn Design and Construction standards. Additional stormwater facilities related to the project, including surface water quality and quantity, conveyance systems, and collection systems, located within the jurisdiction of King County would be designed according to the King County Surface Water Design Manual (KCSWDM) and the 1993 King County Road Standards. No uncontrolled water would be allowed to flow over the steep slopes at the south end of the plat. Testimony of Mr. Weber. 6 An Interlocal agreement between City of Auburn and the Lakehaven Utility District was approved to allow the City to provide sewer service to the proposed plat. Exhibit 1, page 6; Exhibit 34. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Jovita Heights Preliminary Plat, PLT04-0005 page 8 of 17 20. The proposed storm pond, located at the base of the on-site steep slopes, would discharge into City of Algona storm system. The City of Algona indicated that its storm drain facilities do not have capacity to serve the proposed plat. The Applicant must obtain approval from the City of Algona for stormwater conveyance improvements to provide for sufficient downstream capacity. Exhibit 15, MDNS. City Planning Staff recommended that preliminary plat approval be conditioned on placement of the storm pond in a separate tract from the open space and residential tracts. Exhibit 1, page 4; Exhibit 36; Testimony of Mr. Osaki. 21. A portion of the site's proposed stormpond would be located within the Iowa Drive right-of- way that abuts the southern end of the plat. The Applicant has submitted a street vacation application to the City for the affected portion of Iowa Drive. Prior to approval of the site's stormwater management facilities, the Applicant must provide proof either that the right-of- way vacation was approved or an easement was granted to locate stormwater facilities in the right-of-way, or alterntaively must redesign the stormwater facilities to occupy only privately owned land within the plata Exhibit 1, page 4; Testimony of Mr. Osaki. 22. At least one easement granted in favor of the City of Auburn encumbers the subject property in the vicinity of South 344`h Street. The City has indicated that it does not need to retain the easement, but it would be the Applicant's responsibility to see that the easement is removed. Exhibit 1, page 5. The Applicant's representative indicated that they intend to take the necessary steps to extinguish the easement. Testimony of Ms. Klein. 23. The subject property is mapped within a Class I Landslide Hazard Area per City of Auburn maps. Auburn Comprehensive Plan Policy EN -70 requires geotechnical studies of landslide hazard areas. The Applicant retained geotechnical consultants to address the issues of slope and soil stability inherent in developing the subject property. Zipper Zeman Associates (ZZA) conducted a slope stability analysis which concluded that with recommended protection measures, the project appears to be feasible from a geotechnical perspective. Historically, approximately the southern third of the site was used as a surface mine. Slope heights average approximately 300 feet and the slopes extend onto neighboring properties. Results from test pits indicate that the soils within the proposed development area consist of dense to very dense glacial till and glacial outwash, which are both considered suitable for road and foundation construction. No evidence of recent large-scale landslides was observed. The site's soils are considered to have low suceptibility to liquefaction during seismic events. The geotechnical report recommended that development on residential lots should observe a twenty-five foot buffer from the top of all natural and construction slopes and that structures be set back a minimum of ten feet from the buffer. Exhibit 13, July 13, 2004 ZZA Geotechnical Evaluation. Lots subject to the steep slope buffers and structural setbacks would be noted on the final plat map, as would restrictions on development within those areas. Additional lot -specific geotechnical evaluation would be required prior to construction on all lots proposed to contain rockeries or retaining walls. Exhibit 15, MDNS. City Planning Staff noted that if the right-of-way vacation approval results in adding area to the plat in excess of ten percent of the existing total site area, a new preliminary plat application would be required. Exhibit 1, page 5. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Jovita Heights Preliminary Plat, PL T04-0005 page 9 of 17 24. Approximately seventeen acres encumbered by steep slopes would be left undisturbed as forested open space. A condition of MDNS approval requires the Applicant to record a native growth protection easement (NGPE) for all portions of the plat not developed with residential lots, including the storm pond and conveyance facilities. All natural slopes below buffers and proposed retaining walls must be left undisturbed, with no clearing, tree removal, grading, or construction. The language of the NGPE must be approved by the Planning and Community Development Director prior to recording. Exhibit 15, MDNS. 25. There are two wetlands on-site. Wetland W is 7,194 square feet in area and is vegetated with trees, scrub, and shrub. It extends off-site to the west and is located within the 56`h Avenue South right-of-way, north of South 3401h Street. It drains to the south during storm events through constructed culverts and a man-made ditch. Despite its forested wetland class, Wetland W has low function and value due to its small size and disturbed nature. The second on-site wetland, Wetland X is a twenty-one foot depression that collects water located entirely within the 56`h Avenue South right-of-way in the City of Auburn. It is not vegetated. Due to its small size and lack of vegetation, it has extrememly low value and function. Exhibit 11, February 11, 2005 Wetland and Stream Analysis report by B -twelve Associates, Inc.. 26. Off-site Wetland A is located west of 56"' Avenue South in unincorporated King County. It is greater than one acre in area and includes forested, shrub -scrub, and emergent vegetation. It is classfied as a Class II wetland under the King County Code. Stream A appears to start at the south end of Wetland A. Immediately near the wetland, the channel of Stream A is severely disturbed from dumping, two crossings, and apparent four-wheel drive vehicle use. Approximately 230 feet south of its origin, Stream A becomes relatively undisturbed, flowing intermittently in a channel 1.5 to two feet in width. Although it is densely canopied with varied vegetation, Stream A is not a fish bearing stream, likely due to the extremely steep slopes to the east. Stream A drains to Jovita Creek and then to Mill Creek and is a likely candidate for future restoration. Exhibit 11, February 11, 2005 Wetland and Stream Analysis report by B -twelve Associates, Inc.. 27. Development of the project would involve filling all of Wetland X and the portion of Wetland W within the 56th Avenue South right-of-way. To minimize the impacts, the road alignment would be adjusted as far to the east as possible and road improvement would be limited to the minimum road width allowed by the City. A total fill of 816.5 square feet of on-site Wetland W would be filled. An additional 844.6 square feet would be filled during the construction of Jovita Heights lots within King County, for a total impact of 1,661 square feet. Approximately 7,396 square feet of Wetland W's buffer would be filled in the construction of road improvements. As proposed, the remainder of Wetland W would be 5,554 square feet in area and would continue to provide habitat, storm water, and water quality functions. Exhibit 11, February 11, 2005 Wetland and Stream Analysis report by B - twelve Associates, Inc.. Findings, Conclusions, and Recommendation Hearing Examiner for City ofAuburn Jovita Heights Preliminary Plat, PLT04-0005 page 10 of 17 28. To compensate for the loss of on-site wetlands and associated buffer area, the Applicant proposed to permanently protect through conservation easement all portions of off-site Wetland A under its control.8 The conservation easement area would include those portions of wetlands and associated buffers within the South 344th and 346`' Street rights-of-way that the Applicant proposes to vacate. The conservation easement would permanently prohibit development within its boudaries, which are depicted in the wetland study submitted on behalf of the Applicant by 13 -twelve Associates at Exhibit 12. Overall, 61,000 square feet of wetland and 12,400 square feet of wetland buffer would be permanently protected as compensation for the proposed impacts to Wetlands W and X and the associated buffers. The conservation easement described above was made a condition of MDNS approval. Exhibit 15, MDNS. 29. The plat would be served by facilities within the Federal Way School District (the District) including Lakeland Elementary, New Middle School, and Todd Beamer High School. The District submitted comments stating that schools in the vicinity do not have capacity to serve the anticipated school -aged residents of the plat. The City of Auburn does not have an interlocal agreement to collect school impact fees on behalf of the District. However, the City code stipulates that subdivisions must make adequate provision for school sites and school grounds. ACC 17.02.030(E). The District submitted comments requesting impact fee payment based on its 2004 capital facilities plan. Exhibit 21. The District subsequently submitted its 2006 Capital Facilities Plan, requesting that the City adopt the plan as a sub - element of the City of Auburn Comprehensive Plan and include the Federal Way School District in the City's school impact fee ordinance. Exhibit 37, 2006 Capital Facilities Plan. At hearing, the Applicant's representative testified that the Applicant would agree to pay a reasonable per unit impact fee at time of building permit approval to mitigate school impacts despite the lack of interlocal agreement. Testimony of Ms. Klein. A condition of preliminary plat approval would be necessary to ensure that school impacts are adequately mitigated.9 Testimony of Mr. Osaki; Testimony of Ms. Walker. 30. The nearest existing elementary school bus stop is located at the intersection of South 340'' Street and Peasely Canyon Way, and the nearest middle and high school bus stop is at the intersection of South 340th Street and Military Road. The District requested that the Applicant be required to provide safe pedestrian access to the existing bus stops. Exhibit 21; Testimony of Ms. Walker. The proposed gIat would provide sidewalks along the full length of the site's 560' Avenue South frontage.' MDNS conditions require construction of s The Applicant does not own all lots within 7ovita Heights Blocks 14 and 24. Exhibits 18, 24, 39, and 40. 9 The specific impact fee amount was not established by the time of hearing. The District's letter requested fees of $3,034 per single-family unit based on the 2004 capital facilities plan. Exhibit 21, page 2. The 2006 capital facilities plan for unincorporated King County submitted at the hearing established a 2006 impact fee of $3,393 per single-family unit. A thorough explanation of the District's methodology used to arrive at requested impact fee amounts is found in its 2006 Capital Facilities Plan found in Exhibit 37 at pages 24-26. 10 The north end of the plat, between South 3400' and 336'" Streets, would have a sidewalk only on the east side of 56" Avenue, but south of 340'" Street, sidewalks would be installed on both sides of 56i' Avenue South. Exhibit 30. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Jovita Heights Preliminary Plat, PLT04-0005 page 11 of 17 sidewalks on South 340th Street from 56th to 51" Avenue South. The roadway would be improved to a twenty -four -foot pavement width, further contributing to pedestrian safety. The sidewalk ending at 51st Avenue South would connect to Military Road by an eight -foot pedestrian walkway along the shoulder of South 340'h Street. Street lights would be installed on Military Road for 300-400 feet on either side of the intersection with South 340`h Street. Testimony of Ms. Klein; Exhibit 15, MDNS 31. According to the King County Traffic Engineer - while the paved pedestrian path as proposed would provide an adequate walkway - pedestrian safety could be improved by including an extruded or mountable curb to separate vehicle and pedestrian traffic. Testimony of Ms. Langley; Exhibit 27; Exhibit 15, MDNS; Testimony of Mr. Cheslan. 32. The Applicant has initiated discussions with the Federal Way School District about relocating the bus stops within or adjacent to the plat. Road improvements installed with the plat would create a loop connection throughout the neighborhood accessible by bus. The District indicated that it would consider relocating bus stops to the plat. Testimony of Mr. Bishop; Exhibit 28, June 1, 2005 AHBL letter; Exhibit 26, May 18, 2005 District letter. 33. Pursuant to the SEPA, the City of Auburn acted as lead agency for review of environmental impacts caused by the proposed rezone and preliminary plat. The City issued a Final MDNS on June 7, 2005 containing twenty-five conditions requiring mitigating measures to reduce potential adverse impacts to a point of non -significance. No appeals were filed before the June 28, 2005 appeal deadline. The conditions of MDNS approval require the following: compliance with the geotechnical recommendations from the July 13, 2004 ZZA report; creation of a native growth protection easement for the steep slopes to be retained as open space; continued geotechnical oversight of infrastructure and residential development; control and monitoring for excavation and import of fill materials; City Engineering approval for rockeries and retaining walls to be placed on individual lots with slopes; storm drainage conveyance, detention, and water quality treatment facilities; dust and emissions controls; additional analysis of impacted wetlands; permanent protection of off-site Wetland A through recording of a protective conservation easement on each lot within Jovita Heights controlled presently or in future by the Applicant; critical areas signage; stream enhancement; road improvements to 56'h Avenue South, South 340'h Street, South 352n' Street, and Military Road; provision of safe pedestrian paths between 56th Avenue South and Peasely Canyon Way, continuing to Military Road; submittal of a landscape/reforestation plan for work within the steep slope portion of the site; proof of approval from the City of Algona for stormwater conveyance facilities within that jurisdiction; submittal of additional surface water assessment for affected portions of unincorporated King County; and, financial guarantees.'t Exhibit 15, MDNS; Testimony of Mr. Osaki. " The SEPA Responsible Official based these conditions on Comprehensive Plan policies EN -9, 11, 12, 16, 18, 20- 26,29-31, 39, 55, 64, 65, and 67-71; PR -7; HP -1 and 3; UD -1, 2, 9, and 12; and TR -13, 23, 32, 35, 37, and 52; and CF -7 and 13. Refer to the MDNS (Exhibit 15) for more information concerning these Comprehensive Plan policies. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Jovita Heights Preliminary Plat, PL T04-0005 page 12 of 17 34. The City received public comments on the proposed plat concerning speeding traffic and pedestrian safety on South 3401h Street, particularly at the intersections with 551h, 53`d, and 51St Avenues South. Public comments called for installation of traffic calming devices, reduction of the speed limit, installation of amber caution lights, separation of the pedestrian path from traffic with a curb, and installation of street lights along South 340th Street. Also, a concern was raised that the new road surfaces would exacerbate existing storm drainage problems between 51St and 53`d Avenues South on South 34e Street. Exhibit 17; Exhibit 22; Testimony of Mr. McDonnell; Testimony of Mr. Cheslan; Testimony of Mr. Evans. The King County Traffic Engineer testified that installation of traffic calming devices (e.g., signalization, traffic circles, amber caution lights) is not warranted under King County roads standards by the anticipated increase in traffic. As part of ongoing supervision of County roads, the County will assess the need for speed limit revisions after all physical changes have been made to the road, but no change is currently justified. County road standards do not require installation of street lighting on South 340`, and 342nd Streets. A curb would be provided along South 340th Street's sidewalk as part of the road improvements. Anticipated traffic impacts from the development would be mitigated by the road improvements required as conditions of MDNS approval, including the clearing of vegetation at the intersection with Military Road. Testimony of Ms. Langley; Exhibit 27. Addressing stormwater concerns, as a condition of MDNS approval, the Applicant must submit an assessment/evaluation of existing and anticipated future drainage conditions on all portions of roadway to be improved within King County as part of the plat. The Applicant must propose and implement appropriate mitigation measures consistent with the 2005 King County Surface Water Design Manual, which must be reviewed and approved by King County prior to final plat approval. Exhibit 15, MDNS. 35. Notice of the application for preliminary plat and of the public hearing was mailed to surrounding property owners and posted on-site in accordance with City of Auburn requirements. Exhibits 4, 5, 6, 7, and 8; Testimony of Mr. Osaki. 36. The City received letters from some King County property owners concerned that the conservation easement proposed to surround off-site Wetland A, as mitigation for impacts to Wetlands W and X, would isolate their properties and render them less valuable. Exhibits 18, 24, and 40, letters from Shahnaz and Abdul Chahim; Exhibit 39, letter from Boyd and Susan Watkins. The SEPA Responsible Official for the City determined that the impacts of future development of property in unincorporated King County would be more appropriately addressed by King County. Exhibit 15, MDNS. CONCLUSIONS Jurisdiction The Hearing Examiner is granted authority to make a recommendation to the Auburn City Council on preliminary plat applications pursuant to ACC 14.03.040(A) and 17.06.050. Pursuant to ACC 17.18.010, the Hearing Examiner may recommend, and the City Council may approve, a modification of any standard or specification established in Chapter 17.12 ACC, Subdivision Improvements, upon making the findings in ACC 17.18.030. Requests for modification are processed simultaneously with the preliminary plat. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Jovita Heights Preliminary Plat, PLT04-0005 page 13 of 17 Criteria for Preliminary Plat Review For a preliminary plat application to be approved, the Applicants must demonstrate the following: 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; Conformance of the proposed subdivision to the general purposes of the comprehensive plan; 3. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans which have been adopted by the city council; 4. Conformance of the proposed subdivision to the general purposes of this title, as enumerated in ACC 17.02.030; 5. Conformance of the proposed subdivision to the Auburn zoning ordinance and any other applicable planning or engineering standards and specifications as adopted by the city, or as modified and approved as part of a PUD pursuant to Chapter 18.69 ACC; 6. The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment; 7. Adequate provisions are made so that the preliminary plat will prevent or abate public nuisances. ACC 17.06.070. Criteria for Modifications to Plat Standards 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 rights and privileges permitted to other properties in the vicinity and in the zoning district in which the subject property is located. 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. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Jovita Heights Preliminary Plat, PLT04-0005 page 14 of 17 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 lessen the requirements of the zoning ordinance. Any such modification must be processed as a variance pursuant to ACC 18.70.010. ACC 17.18.030. 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 school grounds. Conditions of approval would ensure that the preliminary plat is only approved upon City Council approval of the requested rezone of the residential portion of the subject property to R2. Assuming rezone approval, conditions of approval would ensure that the subdivision would result in 107 new residential lots that would meet or exceed R2 zoning requirements. Design of each residential lot would accommodate and protect on-site slopes, including installation stormwater conveyance facilities down the slopes to a storm pond in the eastern, commercially zoned portion of the site. The project would permanently protect seventeen acres of open space including on-site slopes and associated buffers in a native growth protection easement to be dedicated to the City. The Lakehaven Utility District would provide potable water and fire flow. Police and fire protection and sanitar sewer service would be provided by the City of Auburn. New internal plat roads and 56` Avenue South would be improved to City of Auburn road standards. Road facilities within unincorporated King County, including portions of South 338'h, 340`h, and 352nd Streets and 51" and 55'h Avenues South, would be improved to King County Road Standards. Adequate emergency vehicle access would be provided. Conditions of plat approval would ensure that the Applicant provides utilities connection to each lot and that the sanitary sewer extension stubs out at the south end of road improvements on 56`h Avenue South. Storm water would be collected and conveyed down the slopes to an on-site storm pond designed in compliance with City of Auburn standards. Downstream facilities within the City of Algona would be improved to provide adequate capacity for the increased runoff caused by the plat. School aged residents of the subdivision would attend Federal Way School District schools. Conditions of approval would ensure that safe pedestrian paths are provided between the plat and the existing bus stops at the intersections of Peasely Canyon Road and Military Road with South 340`h Street. A condition of approval would ensure that the paved pedestrian path between the sidewalk end at 51" Avenue South and Military Road would include an extruded or mountable curb to enhance pedestrian safety. The Applicant has agreed to pay reasonable school impact fees in an amount to be determined according to the methodology described in the Federal Way Public Schools 2006 Capital Facilities Plan. Findings Nos. 2-8, 12, I8-24, 29-32, 34, and 36. Findings, Conclusions, and Recommendation Hearing Examiner for City ofAuburn Jovita Heights Preliminary Plat, PLT04-0005 page 15 of 17 2. The subdivision would conform to the general purposes of the City of Auburn Comprehensive Plan. The subdivision would be consistent with the Comprehensive Plan's residential land use designation for the site. Findings Nos. 3, 6, and 7. 3. With conditions of approval, the project would conform to the subdivision title of the Auburn City Code, the zoning ordinance, and all other applicable policies or plans adopted by the Auburn City Council. As conditioned, the subdivision would be consistent with the purposes and regulations of the subdivision title, with the City's design and construction standards, and with applicable Critical Areas provisions. Findings Nos. 6-12 and 23-28. 4. With conditions, potential environmental impacts of the proposed subdivision would be mitigated. Compliance with the conditions of approval of the City's MDNS will ensure that adverse impacts are mitigated to a point of non -significance. Findings Nos. 23-28 and 33. 5. The subdivision will not create or contribute to public nuisances. Conditions of MDNS approval require the Applicant to submit an analysis of drainage impacts caused by the proposed road improvements within unincorporated King County and to mitigate drainage problems in accordance with King County requirements. Findings Nos. 33 and 34. 6. The requested modification to parkland dedication requirements of ACC 17.12 should be approved. The site is significantly isolated by its topography. No direct access into the plat from the City of Auburn is possible. Parkland dedicated within the plat would only be effectively available to residents of the plat and neighbors in King County. The plat would provide more than seventeen acres of permanently protected open space. The Applicant's plans for the portion of the project within King County across the street from the plat include provision of a park to include a play structure and picnic tables. At least five significant recreational opportunities exist within a short distance of the plat. City staff recommends approval of payment of a fee in lieu of parkland dedication as more consistent with the City's park and recreation policies. Findings Nos. 4 and 14-17. The requested modification to the cul-de-sac length standards of ACC 17.12 should be approved. The site's significant topographic limitations necessitate deviation from standard street layouts. Development of the proposed 107 lots would be consistent with the density required by the underlying land use designation, as well as that required by the requested zoning designation of R2. City utilities, transportation, and fire department staff submitted no objections to the requested cul-de-sac length modification. Findings Nos. 4 and 13. RECOMMENDATION Based on the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends to the Auburn City Council that the request for preliminary plat approval to subdivide 40.86 acres into 107 lots for future single-family development, an open space tract, and a storm water tract in Auburn, Washington should be APPROVED, subject to the following conditions: Findings, Conclusions, and Recommendation Nearing Examiner for City ofAuburn dovito Heights Preliminary Plat, PLT04-0005 page 16 of 17 1. Approval of the proposed preliminary plat is conditioned upon prior approval of the requested rezone changing the zoning designation of the residential portion of the subject property from RS to R2 (REZ04-0005). 2. Prior to final plat approval, all lots shall comply with minimum dimensional standards of the R2 zoning district, including provision of building envelopes on each lot capable of complying with required structural setbacks. 3. The storm pond shall be identified as a separate tract on the final plat. 4. Prior to final plat approval, the Applicant shall enter into an agreement with the City to provide a fee in lieu of parkland dedication. The format of the agreement shall be acceptable to the City. The amount of the fee in lieu shall be based on the formula identified in Finding number 16. The fee shall be paid prior to Final Plat approval. If the fee cannot be agreed upon, the Applicant shall provide the required park dedication space within the plat. Prior to final plat approval, the Applicant shall execute an agreement with the Federal Way School District to pay per lot school impact mitigation fees in an amount to be negotiated between the parties based on the methodology detailed in the Federal Way Public Schools 2006 Capital Facilities Plan, in the record at Exhibit 37. The fees shall be paid at time of building permit issuance. 6. The sewer extension shall be stubbed the to the south end of 56`h Avenue South road improvements prior to the time of completion of road construction. 7. The pedestrian walkway connecting the South 340`' Street sidewalk from 51" Avenue South to Military Road shall incorporate an extruded or mountable curb, approved by King County Traffic Engineer. All pedestrian pathways connecting the plat to existing bus stops at Peasely Canyon Way and at Military Road shall be completed prior to building permit issuance. DECIDED this Z, ay of August 2005. DRISCOLL & HUNTER Hearing Examiner for City of Auburn By: Theodore Paul Hunter Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Jovita Heights Preliminary Plat, PLT04-0005 page 17 of 17 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 August 11, 2005. 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. Unless a reconsideration is filed, the Hearing Examiner recommendation to the City Council will be considered by the Council at their August 15, 2005 meeting at 7:30 p.m. At the August 15, 2005, meeting the Council may either affirm the Examiner's recommendation, remand the decision back to the Examiner, or schedule a closed record public hearing. CITY OF jII WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subiect: Public Hearing Application No. PLT04-0007 Date: 7/12/2005 Department: Planning Attachments: See Budget Impact: Exhibit List on page 10 and page 11 Administrative Recommendation: Hearing Examiner to approve the preliminary plat based upon the Findings of Fact, Conclusions and Conditions. Background Summary: OWNERS: Jovita Heights LLC; Halsey Living Trust; Terhune Barrier, LLC; Patricia J. Mathews, Canyon Partners LLC APPLICANT P.J. Datillo, Cornerstone Homes and Development; AHBL, Consulting Engineers REQUEST: The preliminary plat of 107 single-family lots (with tracts) on approximately 40 acres. The request also includes a modification request to plat standards related to park dedication and a modification request to the cul- de-sac length requirement. LOCATION: The preliminary plat involves parcels located east of 561h Avenue South, generally between Iowa Drive/South 347'h/348'h streets and South 336'h Street. Certain off-site transportation improvements lie west of 56'h Avenue South and south of South 346th/347'h streets in unincorporated King County. Wetland mitigation is also proposed off-site to the west of 561h Avenue South in unincorporated King County. EXISTING ZONING: RS (Single Family Residential); C3 (Heavy Commercial) EXISTING LAND USE The site is vacant. COMPREHENSIVE PLAN DESIGNATION: "Single Family Residential', "Open Space", and "Heavy Commercial" 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 M 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 I Councilmember: Norman I Staff: Meeting Date: July 19, 2005 1 Item Number: EXHIBIT 1 AUBURN* MORE THAN YOU IMAGINED Agenda Subject Public Hearing Application No. PLT04-0007 Date: 7/12/2005 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are: SEPA STATUS: The City issued a Final Mitigated Determination of Non -Significance (MDNS) on June 7, 2005. Certain off-site improvements are proposed in unincorporated King County. The City of Auburn and King County agreed that Auburn would serve as SEPA lead agency for the proposal. FINDINGS OF FACT The applicant has requested approval of a 107 -lot preliminary plat (with tracts). The proposed lots range in size from 6,000 square feet to over 15,000 square feet. The subject property is presently zoned RS (Single Family Residential) and C3 (Heavy Commercial). The proposal is located at the western edge of the Auburn city limits and abuts unincorporated King County to the north, west and south, and the City of Algona to the southeast. The lots proposed for single-family dwellings are located on that portion of the property zoned residential. That portion of the proposal with commercial zoning will remain undeveloped and/or will serve as the storm drain pond. 2. The applicant has also requested a rezone from R -S ("Single Family Residential") to R2 (also "Single Family Residential") that is being processed under City case File No. REZ04-0005. 3. The applicant has also requested a modification to the Land Division Code requirement (Auburn City Code (ACC) section 17.12.260) for the dedication of land for park and playground purposes and a modification to the Land Division Code requirement for the maximum length of a cul-de-sac. ACC section 17.12.130 notes that Local Residential streets shall be constructed and improved to meet the City of Auburn Design and Construction standards. The "Design and Construction Standards" (Section 10.02.5.2) limits the maximum length of a cul-de-sac to 600 feet. 4. In accordance with ACC 17.18.010(8), the modification requests are processed simultaneously with the preliminary plat. 5. With respect to the modification request related to parks and playgrounds, ACC Section 17.12.260 states, "17.12.260 Parks and playgrounds. Where dedication of land for park and recreation purposes is required, the council shall be guided by the policies and recommended standards of the Auburn park and recreation plan. 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 needed to prevent or abate public nuisances. Generally, this will occur where a subdivision will Page 2 of 11 Comprehensive Plan Zoning Land Use Site "Single Family RS Single Family Vacant Residential", "Open Residential and C3 Space", "Heavy Heavy Commercial Commercial" North Urban Residential Low, R1 (King County zoning) Vacant Kin Count South Urban Residential Low, R1 (King County zoning) Vacant King Count East "Heavy Commercial' C-3 Heavy Commercial Commercial West Urban Residential R4 (King County zoning) Scattered single family Medium, (King County dwellings. SEPA STATUS: The City issued a Final Mitigated Determination of Non -Significance (MDNS) on June 7, 2005. Certain off-site improvements are proposed in unincorporated King County. The City of Auburn and King County agreed that Auburn would serve as SEPA lead agency for the proposal. FINDINGS OF FACT The applicant has requested approval of a 107 -lot preliminary plat (with tracts). The proposed lots range in size from 6,000 square feet to over 15,000 square feet. The subject property is presently zoned RS (Single Family Residential) and C3 (Heavy Commercial). The proposal is located at the western edge of the Auburn city limits and abuts unincorporated King County to the north, west and south, and the City of Algona to the southeast. The lots proposed for single-family dwellings are located on that portion of the property zoned residential. That portion of the proposal with commercial zoning will remain undeveloped and/or will serve as the storm drain pond. 2. The applicant has also requested a rezone from R -S ("Single Family Residential") to R2 (also "Single Family Residential") that is being processed under City case File No. REZ04-0005. 3. The applicant has also requested a modification to the Land Division Code requirement (Auburn City Code (ACC) section 17.12.260) for the dedication of land for park and playground purposes and a modification to the Land Division Code requirement for the maximum length of a cul-de-sac. ACC section 17.12.130 notes that Local Residential streets shall be constructed and improved to meet the City of Auburn Design and Construction standards. The "Design and Construction Standards" (Section 10.02.5.2) limits the maximum length of a cul-de-sac to 600 feet. 4. In accordance with ACC 17.18.010(8), the modification requests are processed simultaneously with the preliminary plat. 5. With respect to the modification request related to parks and playgrounds, ACC Section 17.12.260 states, "17.12.260 Parks and playgrounds. Where dedication of land for park and recreation purposes is required, the council shall be guided by the policies and recommended standards of the Auburn park and recreation plan. 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 needed to prevent or abate public nuisances. Generally, this will occur where a subdivision will Page 2 of 11 Agenda Subject Public Hearing Application No. PLT04-0007 Date: 7/12/2005 result in the creation of lots capable of supporting 50 or more residential dwelling units; 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. The acceptability of the size, configuration and location of land proposed for park dedication shall be determined by the city council based upon such factors as topography, drainage, natural amenities and access." Specifically, the City of Auburn Parks and Recreation 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 provided as "Linear Park" space. 6. The City of Auburn Parks and Recreation Department has calculated that the park dedication requirement of this proposal would result in a public park space of approximately 1.80 -acres (based on an estimate of 2.8 residents per unit), correlating to approximately 1.35 -acres of "community park" and 0.225 -acres each of "neighborhood park" and "linear park". The projected costs of these parks would be approximately $260,595. The City agrees to accept payment of $130,297.49 (50% of the development cost) in lieu of land dedication to be used for the park development. Based on a 107 -lot plat, this calculates to $1,217.73 per unit. Should the number of lots change before final plat approval then the voluntary fee in lieu rate per unit shall be recalculated but shall still be based on the household size (2.8 residents per units), level of service standards for park acreage and land costs identified above. 7. With respect to the cul-de-sac length standard, the applicant's proposed preliminary plat identifies a cul-de-sac (most southerly cul-de-sac) that is slightly more than 700 feet in length. City requirements (Design and Construction Standards Section 10.02.5.2) limit the maximum length of a cul-de-sac to 600 feet. 8. The applicant's proposal includes certain lots that do not satisfy the dimensional standards for lots of the (proposed) R2 zone and/or do not show appropriate building envelopes. Examples include lots 86 and 87. The final plat will be reviewed to ensure that all lots meet R2 zone lot development standards. 9. Critical areas on site include steep slopes (landslide, erosion hazard and seismic hazard areas), wetlands and a stream. The property includes a hillside that progresses upward toward the west. The proposed homes will be located on the upper (west) section of the proposal and will access 56'" Avenue South. A preliminary geotechnical report and a wetland and stream report (both with supplements) were prepared and reviewed during the SEPA review process. Detailed discussion of the critical areas and mitigation measures to address impacts on critical areas are incorporated into the SEPA final MDNS issued June 7, 2005. Mitigation measures include, but are not limited to, additional geotechnical studies and off-site wetland preservation. It is possible that further geo-technical analysis of the site required under SEPA may result the loss of and/or reconfiguration of certain lots. All lots must meet the requirements of the R-2 zone and the final plat application, when submitted, should not involve the reconfiguration of lots so as to rely on variances requests from setback requirements. 10. Transportation impacts were reviewed through the SEPA process that included review of the applicant's traffic study. Although the subject property lies within the city of Auburn, access will also require street improvements within unincorporated King County. Certain off-site transportation improvements in unincorporated King County include: Page 3 of 11 Agenda Subject Public Hearing Application No. PLT04-0007 Date: 7/12/2005 a. Improvements to South 3401h Street and South 352ntl Street in order to allow the plat development to access the arterial street system. b. Pedestrian facilities on South 340'" Street from the proposed plat to Military Road South to promote safe walking for school children to the existing bus stops. c. 56th Avenue South will be improved south from the proposed plat to provide for access to and from South 352"' Street. d. A secondary emergency vehicle access route will be constructed on 55th Avenue South and South 3381h Street from South 340h Street to 561h Avenue South per King County standards for a rural half street. Specific off-site transportation requirements are identified more fully in the Final Mitigated MDNS issued June 7. 2005. 11. The City of Auburn will provide police and fire protection. The proposal is located in the Federal Way School District. The City does not have an inter -local agreement with the Federal Way School District to collect impact fees on the Federal Way School District's behalf. The City received a letter from the Federal Way School District during the SEPA comment period related to school impact fee mitigation and safe walking conditions, as well as an additional letter dated May 18, 2005 clarifying issues related to walking conditions. The City of Auburn responded to the School District's letters in writing. Since the time of the SEPA determination the Federal Way School District has submitted (by way of a letter dated July 1, 2005), its capital facilities plan (CFP) to the City of Auburn with a request that the City adopt the CFP as part of Auburn's comprehensive plan and a request that the city to initiate discussions to include the Federal Way School District in the City's school impact fee ordinance. 12. Utilities to the site will be provided as follows: Water The Lakehaven Utility District will provide potable water to the site. A water availability certificate has been issued by the Lakehaven Utility District for the proposal. Sewer Sewer shall be provided by the City of Auburn. The City's provision of sanitary sewer service is in accordance with an agreement with the Lakehaven Utility District per City of Auburn Resolution No. 3824. Storm Drainage Stormwater runoff from the plat will be collected and treated on-site in a system designed in accordance with the City of Auburn Design and Construction standards. The applicant's storm drain pond will be within the City of Auburn located at the base of the hillside, and the storm drainage will convey downstream into the City of Algona's system. If approved, the preliminary plat should be conditioned to ensure that the storm drain pond is in a separate tract. In addition, the applicant has expressed a desire to develop a portion of the project's storm water pond within the Iowa Drive right-of-way which abuts the proposal to the south. A street vacation application to vacate Iowa Drive has been submitted to the City to achieve this. Prior to approval of the storm drainage plans, the applicant will therefore need to either obtain a right-of-way use permit from the City of Auburn to construct a storm drainage facility within the Iowa Drive right-of-way or Page 4 of 11 Agenda Subject Public Hearing Application No. PLT04-0007 Date: 7/12/2005 shall complete the Iowa Drive right-of-way vacation process in order to construct the storm pond facility in the vacated right-of-way area. If neither of these alternatives is approved, the applicant will need to redesign the storm drainage pond so that it is completely on private property and demonstrate that easements are secured for any portion of the storm system not located on the subject property. 13. Auburn City Code (ACC) section 17.06.100 states, "17.06.100 Adjustments of an approved preliminary plat. A. Minor Adjustments. Minor adjustments may be made and approved by the planning director. Minor adjustments are those which may affect the precise dimensions of the plat but which do not affect the basic character or arrangement of the lots and streets. Such dimensional requirements shall not vary more than 10 percent from the original. The adjustments cannot be inconsistent with the requirements of the preliminary plat approval. The adjustments cannot cause the subdivision to be in violation of this title, the zoning ordinance, any other applicable city land use control, Chapter 58.17 RCW, or any other applicable state law or regulation. B. Major Adjustments. Major adjustments are those when determined by the planning director, substantially change the basic design, layout, open space or other requirements of the plat. When the planning director determines a change constitutes a major adjustment, a new application for a preliminary plat is required and shall be processed as a new and separate application." Should the street vacation be pursued and result in the incorporation of more than ten percent of the land area of the original plat proposal, then a new preliminary plat application shall be required. 13. It appears that at least one easement granted to the City exists on the subject property in the vicinity of South 34e Street (if extended east on to the property). At this time it does not appear as though the easement needs to be retained by the city. The applicant will need to pursue removal of the easement if the applicant wishes for it to be released. 14. The City seeks to ensure the accurate siting of the homeistructure(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 corners of the structure be surveyed and staked prior to the pouring of footings or foundations. 15. The City received several comment letters during the public comment period associated with the Notice of Application and Proposed Determination of Non -Significance (DNS). Copies of those letters and the City's response to the SEPA comment letters are attached as Exhibits to this staff report. CONCLUSIONS Preliminary Plat Staff has concluded that the preliminary plat may be approved in that it is consistent with the following criteria necessary to approve a preliminary plat as outlined in Section 17.06.070 of the Land Division Ordinance as follows: 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. Page Agenda Subiect Public Hearing Application No. PLT04-0007 Date: Adequate provisions have been or can be provided to serve the plat. Public utilities, public schools and new streets will serve the proposed plat. An interlocal agreement between the City of Auburn and the Lakehaven Utility District has been approved to provide for the City of Auburn's provision of sewer service to the site. 2. 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. The "Purpose" of the "Single Family Residential" comprehensive plan designation is, "To designate and protect areas for predominantly single family dwellings". (Auburn Comprehensive Plan, Chapter 14.) The proposal for a single family preliminary plat implements this purpose statement. 3. 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. 4. Conformance of the proposed subdivision to the general purposes of the Land Division Ordinance as enumerated in ACC Section 17.02.030. The proposed plat is consistent with the purpose of the Land Division Ordinance. Review of the proposal through the provision of the land division ordinance will ensure promotion of the public health, safety and general welfare through ensuring, among other items, adequate facilities are provided. 5. Conformance of the proposed subdivision to the Auburn Zoning Ordinance and any other applicable planning or engineering standards and specifications as adopted by the City. Except for the modifications requested, the plat has been or is capable of being designed in accordance with all applicable planning and engineering requirements including the City's Public Works Department Desiqn and Construction Standards and all development standards of the Auburn Zoning Ordinance. 6. The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment. The proposal was evaluated under the requirements of the State Environmental Policy Act (SEPA) (City File No. SEP04-0026). The City of Auburn issued a Final Mitigated Determination of Non - Significance on June 7, 2005 with numerous mitigation measures to address environmental issues including, but not limited to, impacts on critical areas and transportation impacts from the development. 7. Adequate provisions are made so the preliminary plat will prevent or abate public nuisances. Again, SEPA review on the proposal has been conducted. Also, public nuisances that may occur after development will be addressed through the city's code enforcement procedures. Page 6 of 11 Agenda Subject Public Hearing Application No. PLT04-0007 Date: 7/12/2005 tl. Request for Plat Modifications The applicant has requested modifications to two plat standards: a. Park dedication requirements; and, b. Cul-de-sac length requirement. Staff has concluded that a modifications to certain standards should be approved as the applicant has met the burden of proof in demonstrating that it is consistent with all of the following criteria 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. 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 rights and privileges permitted to other properties in the vicinity and in the zoning district in which the subject property is located. Park Dedication Several large parks and recreation facilities are available for residents of the proposed plat, both inside and outside of the city limits. This includes including Five Mile Lake Park, South County Ballfields, Lake Geneva Park, Interurban Trail and GSA Park. The presence of these facilities reduces the need for a small park facility within the plat itself. In addition, the topography of the site has resulted in the applicant's proposal to provide nearly 20 acres of open space within the plat, primarily areas that constitute the hillside. Cul-de-sac Length The topography and shape of the subject property does not easily lend itself to a conventional plat layout. The property is characterized by a sloped hillside that leads to a narrow, limited upland area along its western side by 56th Avenue South. This results in the need to provide for some modification to standards in street layout. Allowing a cul-de sac slightly longer than normally required is acceptable to provide Flexibility to address this topographical situation. 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. Park Dedication The applicant notes that the proposal's location means that the park land, if dedicated, would be limited to residents of the plat and surrounding King County residents. The location and access of the proposed plat therefore limits the benefits of dedicated park space to other city residents. The intent of park dedication is better served through contribution of funds in lieu of dedicating park land. Cul-de-sac Length Because of the property's topographical limitations, strict adherence to the code would not provide for reasonable use of the property. Strict adherence to the code would, according to the applicant, limit development potential of the site, particularly at its southern end. 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. Page Agenda Subject Public Hearing Application No. PLT04-0007 Date: 7/12/2005 Park Dedication Granting the modification will not alter the character of the neighborhood or result in detrimental effects to the surrounding properties. Adequate park land is available near the proposed plat. Open space is proposed with the proposed plat. Cul-de-sac Length The modification is will not alter the character of the neighborhood or be detrimental to the surrounding properties. Development of the overall site itself will have more of an impact on the surrounding properties than the modification proposal. The modification proposal itself is very discrete, affecting one specific cul-de-sac in the overall development. 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. Park Dedication 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 voluntary fee in lieu of dedication proposal because it is not the City's desire to own and maintain multiple small park facilities throughout the city. The modification request will have no effect on circulation or utility plans. The additional lots that can be developed in the plat by not having to provide park space does not place a significant burden on transportation or utility provision. Cul-de-sac Length The proposal has been reviewed by city utilities and transportation staff and there has been no statement that the proposed modification would be detrimental to circulation or utility plans of the city. The modification request does allow for development of additional lots within the allowable density of the zone (proposed R-2 zone), which is consistent with the objective of encouraging growth and development within urban areas where urban services exist. 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. Park Dedication Auburn City Code (ACC) section 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 needed to prevent or abate public nuisances...". In this instance, there is not a substantial increase in the need for park land created by the proposal and park needs can be better addressed through a voluntary fee -in lieu agreement that will enable the Parks andRecreationDepartment to develop existing parks. The modification process has been used previously in a similar circumstance involving a preliminary plat. Cul-de-sac Length Literal interpretation of the code would result in the inability of the applicant to reasonably design an access proposal to develop the southern part of the site that, again, is characterized by topographical Page Agenda Subject Public Hearing Application No. PLT04-0007 Date: constraints. The applicant indicates that the additional cul-de-sac length will allow for the provision of additional lots that would not be the case were the provision strictly interpreted. F. The approval of the modification will be consistent with the purpose of this title. Park Dedication 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. Cul-de-sac Length 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. Park Dedication The Zoning Code is unaffected by this modification request. The Parks and Playground dedication requirements are specific to Title 17 (Land Division Ordinance). Cul -De -Sac Length The Zoning Code is unaffected by this modification request. The City's cul-de-sac provisions are exclusive to Title 17 that in turn references the City of Auburn's Public Works Design and Construction Standards manual. 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 and plat modifications, subject to the following conditions: 1. The storm pond shall be identified as a separate tract on the final plat. 2. 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 park dedication. The amount per lot shall be based on the formula identified in the findings. The amount shall be paid prior to Final Plat approval. Should the applicant not enter into the voluntary agreement, the proposed plat shall provide the required park dedication space. 3. Prior to final plat approval, the applicant shall be responsible for eliminating those easements on site that conflict with the proposed plat and that may also no longer be necessary. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report HE AMSTRP04-7 Page 9 of 11 Agenda Subiect Public Hearing Application No. PLT04-0007 Date: EXHIBIT LIST FOR PLT04-0007 Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Application (including letters requesting modifications) Exhibit 4 Notice of Application Exhibit 5 Notice of Public Hearing Exhibit 6 Affidavit of Posting Exhibit 7 Affidavit of Mailing Exhibit 8 Confirmation of Publication of Legal Notice Exhibit 9 Aerial Photograph Exhibit 10 Traffic Impact Analysis dated June 11, 2004, prepared by Transportation Planning and Engineering, Inc. with subsequent updates dated September 28, 2004 and December 21, 2004. Exhibit 11 "Wetland and Stream Analysis Report dated February 11, 2005 prepared by B -twelve Associates, Inc. Exhibit 12 "Wetland Mitigation Alternative #3" a supplement to Cornerstone Homes - Jovita Heights Wetland and Stream Analysis Report" dated March 23, 2005. Exhibit 13 'Preliminary Geotechnical Evaluation, Planned Jovita Heights Residential Development", dated July 2004, prepared by Zipper Zeman Associates, Inc., with supplements dated August 24, 2004 (for the proposed sewer line), and clarifications dated March 2, 2005, May 31, 2005 and June 6, 2005. Exhibit 14 Revised SEPA Checklist, received by the City of Auburn Planning Department, February 15, 2005. Exhibit 15 Final Mitigated Determination of Non -Significance, June 7, 2005. Exhibit 16 Final Staff Evaluation of the Checklist Exhibit 17 January 23, 2005 letter from Ronald and Geraldine Duncan to Cornerstone Development Exhibit 18 March 1, 2005 letter from Ms. Shanaz Chahim Exhibit 19 March 21, 2005 letter from the Ms. Kathy McClung, Community Development Services Director, City of Federal Way Exhibit 20 April 19, 2005 Letter from Lisa Klein, Planner, AHBL Exhibit 21 April 20, 2005 letter from Ms. Sally McClean, Chief Financial Officer, Federal Way School District Exhibit 22 April 20, 2005 letter from Raymond and Shawn Evans Exhibit 23 April 20, 2005 letter from Ms. Kathy McClung, Community Development Services Director, City of Federal Way Exhibit 24 April 20, 2005 letter from Ms. Shanaz Chahim Exhibit 25 May 11, 2005 letter from Ms. Kathy McClung, Community Development Services Director, City of Federal Way Exhibit 26 May 18, 2005 letter from Ms. Geri Walker, Enrollment and Demographic Analyst, Federal Way Public Schools Exhibit 27 Email from Kristen Langley, King County Department of Transportation to David Osaki, City of Auburn, regarding letter from Raymond and Shawn Evans. Exhibit 28 Letter from Lisa Klein, AHBL, to David Osaki, City of Auburn. Applicant's response to public comment received during the SEPA comment period. Exhibit 29 June 7, 2005 Letter of response from Paul Krauss to the City of Federal Way Exhibit 30 June 7, 2005 Letter of response from Paul Krauss to the Federal Way School District Exhibit 31 June 7, 2005 Letter of response from Paul Krauss to Ms. Shanaz Chahim Exhibit 32 June 7, 2005 Letter of response from Paul Krauss to Raymond and Shawn Evans Exhibit 33 June 7, 2005 Letter of response from Paul Krauss to Lisa Klein. Exhibit 34 City of Auburn Resolution No. 3824 related to Interlocal Agreement with Lakehaven Utility District for sewer service. Page 10 of 11 EXHIBITS ARE AVAILABLE FOR REVIEW IN THE PLANNING DEPARTMENT Agenda Subject Public Hearing Application No. PLT04-0007 Date: 7/12/2005 Exhibit 35 Certificate of Water Availability, Lakehaven Utility District Exhibit 36 March 15, 2005 letter from Gray & Osborne to Mr. Tim Reber, City of Algona Public Works Director, regarding Algona stormwater improvements to serve the proposal. Exhibit 37 July 1, 2005 letter from Ms. Denise Stiffarm to the City of Auburn regarding school impact fees for the Federal Way School District. EXHIBITS ARE AVAILABLE FOR REVIEW IN THE Page 11 of 11 PLANNING DEPARTMENT APPLICATION NO.: PLT04-0007 APPLICANT: Cornerstone Homes LOCATION: east side of 56th Avenue South between, approximately, South 336th Street to the north and Iowa Drive/South 348th Street to the south EXHIBIT 2 f PRELIMINARY PLAT APPLICATION PROPERTY OWNER'S NAME Sec. Twp. Rng. Zone Existing Staff Project Coordinator: PLT D(} - e--zo 1 APPLICATION NUMBER Area Code - Scheduled Hearing Date Received % -dl� '5 PCq-CD,4-(P ...................................................................................................... DO NOT WRITE ABOVE THIS LINE APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED, ATTACH THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION. NAME OF SUBDIVISION: Jovita Height Total area of subdivision: Acres: 35.25 Sq. Ft.: 1.535,491 Total number of lots: 107 Total number of dwelling units: 107 Proposed zoning: R-2 Existing zoning: RS Proposed land use: Single-family residential Minimum size of lot as shown on plat: 6.000 sq. ft. Minimum lot width as shown on plat: 60 feet Minimum lot depth as shown on plat: 88 feet Proposed source of domestic water supply Lakehaven Utility District Proposed sewage disposal system: City of Auburn Sanitary Sewer Preliminary Plat EXHIBIT 3 Revised 7111 /2003 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. Preliminary Plat I tial PARCEL NAME, ADDRESS& PHONE NUMBER NUMBER (Please Print) 375160-0095 Patricia J. Mathews -0097 -0099 .372.02 56th Avenue. South -0101 -0103 Auburn, WA 98001 -0105 375160-0107 -0109 -0111 -0283 -0285 -0287 375160-0293 -0295 -0297 -0299 -0301 -0303 375160-0305 DESIGNATED CONTACT PERSON: Name: Patricia J. Matthews Address: 37202 56th Avenue, South City: Auburn, WA 98001 Phone: (253) 939-0068 PARCEL NUMBERS 375160-0307 375160-0309 375160-0313 375160-0315 375160-0317 375160-0319 SIGNATURE (253) 939-0068 Preliminary Plat Page 5 of 6 Revi 7I1112003 LEGAL DESCRIPTION OF PROPERTY Lots 1 through 9 in Block 4 and Lots 1, 2, and 3 of Block 13 of Jovita Heights, according to plat recorded in Volume 20 of Plats at page 12, in King County, Washington; Together with that portion of the former Seattle -Tacoma pole line easement lying within the Northwest quarter of Section 23, Township 21 North, .Range 4 East, W.M., inKingCounty, Washington, lying Southeasterly of Block and Northwesterly of Block 13 of said addition and between the Easterly and Westerly boundaries of aid Blocks. and Lots 6 through 12 in Block 13; Except the East 250 feet thereof, and all of Lots 12, 13, 14, 16, 17, 18, and 19 in Block 13 of Jovita Heights, according to plat recorded. in Volume 20 of Plats at Page 12, in King County, Washington. FEE PAYMENT: $1,000.00 and $50.00 per lot plus $700.00 for Environmental Checklist T.R. #: AM" aV=143:1A1493 CASHIER'S INITIALS: Preliminary Plat Page 6 of 6 Revised M IM03 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. Preliminary Plat Initial PARCEL NAME, ADDRESS & PHONE NUMBER NUMBER (Please Print) 375160-0713 Terhune-Barrier, LLC -0715 -0717 36330 208th Avenue, SE -0719 -0721 Auburn, WA 98092 -0723 -0725 DESIGNATED CONTACT PERSON: Name: Rob Terhune Address: 18306 Driftwood Drive, East City: Sumner, WA 98390-9462 Phone: (253) 891-2200 SIGNATURE (253) 569-5512 Preliminary Plat Page 5 of 6 Revised 7/112003 LEGAL DESCRIPTION OF PROPERTY Parcel A: Lot 4, City of Auburn Lot Line Adjustment Number LLA -01-0007 (Revised), recorded under recording no. 20011106001193, in King County,. Washington. Parcel B: Lot 4A, City of Auburn Lot Line Adjustment Number LLA -01-0007 (Revised), recorded under recording no. 20011106001193, in King County, Washington. Parcel C: Lots 5, 6, 7, 8, and 9, Block 25, Jovita Heights, according to the plat thereof recorded in Volume 20 of Plats, page 12, in King County, Washington. FEE PAYMENT: _ T.R. #: DATE RECEIVED: CASHIER'S INITIALS: $1.000.00 and $50.00 per lot plus $700.00 for Environmental Checklist Preliminary Plat Page 6 of 6 Revise0 At 1203 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. Preliminary Plat Initial PARCEL NAME, ADDRESS & PHONE NUMBER NUMBER (Please Print) 37.5160-0289 Jovita Heights, LLC -0291 Sumner, WA. 98390-9462 DESIGNATED CONTACT PERSON: Name: Rob Terhune Address: 18306 Driftwood Drive, East City: _Sumner, WA 98390-9462 Phone: (253) 891-2200 SIGNATURE (253) 891-2200 Preliminary Plat Page 5 of 6 Revi X1112 3 LEGAL DESCRIPTION OF PROPERTY Lot 4, Block 13 of Jovita Heights Addition, according to the plat thereof recorded in Volume 20 of Plats, page 12, in King County, Washington. PARCEL B: Lot 5, Block 13 of Jovita Heights Addition, according to the plat thereof recorded in Volume 20 of Plats, page 12, in King County, Washington. FEE PAYMENT: $1,000.00 and $50.00 per lot plus $700.00 for Environmental Checklist T.R. #: DATE RECEIVED: CASHIER'S INITIALS: Preliminary Plat Page 6 of 6 R¢ and 7/11/2003 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 NAME. ADDRESS & PHONE NUMBER SIGNATURE NUMBER (Please Print) >� Canyon Partners,LLC 6231 NE-37thStreet -Z- '-823-2674 Kirkland, WA 98034 f 375160-0727 SAME AS ABOVE 1 375160-0731 SAME AS ABOVE DESIGNATED CONTACT PERSON: Name: Ian Elliot. Address: 6231 NE 137th Street City: Kirkland WA 98034 Phone: (253) 823-2674 Preliminary Plat Page $ Of 6 Rev1 7/1112M 9 LEGAL DESCRIPTION OF PROPERTY Abbreviated Legal Description Portion of Lots 1 & 2, and Lots 10, 11 and 12, Block 25,Jovita Heights; Vol 20, Page 12 FEE PAYMENT: $1,000.00 and $50.00 per lot plus $700.00 for Environmental Checklist T.R. #: DATE RECEIVED: CASHIER'S INITIALS: Preliminary Plat Page 6 of 6 Real 711/2003 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 CONTEN�S�HIS APPLICATION AND ITS ATTACHMENTS. Preliminary Plat tial PARCEL NAME, ADDRESS & PHONE NUMBER NUMBER (Please Print) 375160-0311 Halsey Living Trust South 4822 Low Way Court Spokane, WA 99206 DESIGNATED CONTACT PERSON: Name: Sharon Kay. Halsey Address: _South 4822 Low Way Court City: Spokane, WA 99206 Phone: (509) 922-0439 SIGNATURE 0 (509) 922-0439 / Preliminary Plat Page 5 of 6 Revised 71112003 LEGAL DESCRIPTION OF PROPERTY Lot 15, Block 13, Jovita Heights, according to the plat thereof in Volume 20 of Plats, page 12, in King County, Washington. It (0S9�Lf•00 FEE PAYMENT: T.R. #: DATE RECEIVED: CASHIER'S INITIALS: ) o 3)bl.db 5ZO I $4-,8B990 and $50M. per lot plus $.7.00:00 for Environmental Checklist Preliminary Plat Page 6 of 6 Remed 71112003 Project Memo TO: Daryl Faber, Director, Paul Krauss, Director City of Auburn FROM: Lisa Klein, AHBL DATE: July 19, 2004 Parks & Recreation Department Planning & Community Development PROJECT: Jovita Heights Preliminary Plat OUR FILE NO.: 203191.31 SUBJECT: Park Modification Request for Preliminary Plat Cornerstone Homes & Development has submitted applications for the Jovita Heights Preliminary Plat concurrent with this Modification Request. The applicant proposes development of 107 single family homes on a 35.25 acre site located on the West Hill area of Auburn. The property is bounded by S. 336'h Street on the north; the City boundary and 56th Avenue S. on the west; and S. 348th Street on the south. The Jovita Heights property is located on a small island of land that is surrounded by other jurisdictions, primarily King County, and separated from the heart of the city by West Valley Highway and a ridge of steep slopes. The applicant believes that payment of a fee in lieu of dedication of park land would be of greater benefit to the citizens of the City of Auburn. This memo will outline the circumstances for this request. Modification Request In lieu of dedicating park land on the Jovita Heights property, the applicant requests a Modification to the Subdivision regulations. The applicant proposes to pay a fee per dwelling unit to the City Parks and Recreation Department. Auburn Subdivision Regulations for Parks and Playgrounds (17.12.260) states: "Where dedication of land for park and recreation purposes is required, the council shall be guided by the policies and recommended standards of the Auburn park and recreation plan. 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 needed to prevent or abate public nuisances. Generally, this will occur where a subdivision will result in the creation of lots capable of supporting 50 or more residential dwelling units. . .The acceptability of the size, configuration and location of land proposed for park dedication shall be determined by the city council based upon such favors as topography, drainage, natural amenities and access." We understand the City requires 6.03 acres of park land per 1,000 people for a proposed subdivision. The population estimated for Jovita Heights is 268 people, potentially requiring 1.6 acres for park. TACOMA 2215 North 30th Street Suite 300 Tacoma, WA 98403.3350 253.3832422 TEL 253.3832572 FAX abbLeom v:\planning\yr_2003\203191\auburn submitral docs\park modification memo.doc Findings of Fact Auburn City Code 17.18 allows Modifications based on Findings of Fact that respond to the special circumstances of the request. The following circumstances affect this request. (1) There are several large regional parks and recreation facilities available for use by Jovita Heights residents. The abundance of these facilities in close proximity to the site removes the need for a small facility on the property. King County owns and operates the following regional parks in the vicinity of the project: • Five Mile Lake Park, a 32 -acre park that features swimming, fishing, picnic areas, ball fields, and playground. • The South County Ballfields located at S. 358th and Military Road South, which includes five baseball fields. • Lake Geneva Park, an 1 B -acre park located at S. 344th Street and 46th Avenue South, which includes soccer fields; and • The Federal Way School District is planning to construct a new Middle School in 2005 in the area of 32nd Avenue South and South 360th Street. School facilities will include sports fields. Facilities available to the residents that are located in the City of Auburn include the Interurban Trail, located east of West Valley Highway, and Emerald Downs, a horse -racing track. Parks in the Vicinity of Jovita Heights oaQo (2) If a park were developed on the property, its use would be limited to the new homeowners and the adjacent King County residents. Access by other Auburn residents would be difficult due to the lack of a direct extension from/to West Valley Highway and the City core. Contribution of funds in lieu of dedicating park land would allow for development of park facilities in an area that would better serve Auburn residents. (3) To protect the steep slopes on site, 41 % of the site will be preserved as forested open space. Preserving this open space provides similar benefit to the environment and residents as dedicated park land. (4) Development of a park will reduce the available developable land and the corresponding number of housing units, which conflicts with the the City's housing goals. The City's Comprehensive Plan states: "the development of new single family detached housing is a priority of the City in order to maintain its traditional community character." "The bulk of the single family residential community should be developed at a density of between 4 and 6 dwelling units per acre." Without the park, the project density is 3.5 units per acre (under the proposed R-2 zone). If 1.6 acres were removed from housing and dedicated as park, the density would be reduced to 2.7 units per acre. (5) We understand that the City approved a request for payment of a fee in lieu of park dedication for a recent Plat project and request similar development rights and privileges. (6) Granting the modification request will not be detrimental to the implementation of the policies and objectives of the Comprehensive Plan. The Parks and Recreation Chapter of the Auburn Comprehensive Plan includes the following goal: PR -2 New developments shall contribute to the development of new parks at a level commensurate with their share of new facility needs as established by the Parks and Recreation Plan. if the City determines that the development does not contain an acceptable park site, the City shall require the payment of cash in lieu of land. The funds shall be used to acquire land and/or develop recreational facilities at a location deemed appropriate by the City. Criteria for site acceptability and appropriateness shall be environmental limitations, accessibility, maintenance costs, consistency with the Parks and Recreation Plan and the ability to meet more of the Community's recreational needs by the coordinated development of parks located elsewhere. MOM September 29, 2004 Mr. Dennis Dowdy FP O . Public Works Director q J9.9 City of Aubun 25 West Main Stteet cA,rEg„,eem Auburn, WA 98001-4998 Project: Jovita Heights Preliminary Plat, Our File No. 203191.10 Subject: Cul-de-sac Modification Request tara�P„yan�ts Dear Mr. Dowdy, Our client Cornerstone Homes and Development, is submitting additional information in support of our application for the ovita Heights Pr ' Plat, a proposed developmentaw! 107 C swveie s of e-JnazY singl family homes on a35.25 -acre site located on the WestHill area m the City of Auburn � ' � Neighbors dIn order for this development to occur as Proposed, a modification of the City cul-de-sac ' esign standard is necessary. This letter will outline the special ei rumstances of the site and provide support for. ' P PPo this modificarion request � .. _ _ . eques __ Ap h able Code Section . . In the City of Auburn Design and -Construction Standards 2000, Section 3.04 states All dead-end streets shall end in either a temporary or permanent cul-de-sac Dead-end. streets 'shall not be more than sic hundred (600) feet in length, unless the City determines that due to to P°graPh➢ or esisiing development p'attems that ttherearee nig feasible alternatives and emergency services can be effectively provided..:. %" Modification Request The proposed cul de sac locatedur the southernmost portion Of the subJedprop' "his-- been designed at a length of 725 fcet, 125 feet greater than the City cul-de sac design standard 13ecausi of the to6pography. constraints of 'die site, inaddition-to further . considerations to bediscussed below, we arerequesting a modificatloa to allow this -. - cul-de-sac to be constructed at a l length of 725 feet TACOMA ._ sw13W .. .. ._ Tkoma, WA 98103350 .2933832471 la .. - 2533831S72 Fm - - www.ahbl.com " Mr. Dennis Dowdy September 29, 2004 Page 2 ... V11LL11V�_. portion of the site, to clarify any ambiguities that may exist We ate requesting approval to allow the improvements of 56' Avenue South to end at the intersection with South 336' Street as shown on the enclosed site plan. _ .. . Ftndinp of Fact for Southernmost Cul-de sac We are requesting a modification to the City cul-de-sac design standard pursuant to section 17.18.010 of the City of Auburn Code. The findings of fact, which, once demonstrated, will allow for the approval of this modification request, are discussed below: 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 rights and privileges permitted to other properties in the vicinity and inthe zoning district in which the subject property is located; The topography and shape of the Jovita Heights property does not allow for the ease of conventional lot layout A steep hillside is located along the entire length of the eastern boundary of the site creating a very long and narrow area of developable land. A large amount of earthwork will be required in order to develop the site as proposed Moreover, we are preserving approximately 41% of the site so that the majority of the steep hillside areas remain protected and undisturbed. Limiting the cul-de-sac length to 600 feet would eliminate development of a considerable portion of the property. 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; Because of the special circumstances of the development and the fact that developable land is limited on this particular site, design flexibility in relation to cul-de-sac length will allow for a mote reasonable and harmonious use of the developable land. C. That the modification, if granted, will not alter the character of the neighborhood, or be detrimental to the surrounding properties in which the property is located; The Jovita Heights prehmiftry plat does not seek to alter the character of the neighborhood,-butinstead enhance it In fact, the-Jovita Heights preliminary plat will be a benefit to the surrounding properties with the proposed improvements to South 344e Street and 56' Avenue South, which are currently in substandard condition. Mr. Dewtis Dowdy " September 29, 2004 Page 3 OI - -----CornetstoneHomes-and Developmenrisattempti"develogthe site ata - - - reasonable potential, while also enhancing the neighborhood and its: surrounding... ".. uses. In order to develop the site to a reasonable potential and, therefore, make this project a reality, design tleaibility, with regards to cul-de-sac length is necessary. Increasing the cul-de-sac length by 125 feetwill not.be detrimental to the neighborhood and the surrounding properties. 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, The Jovita Heights Preliminary Plat as it is designed is consistent with the policies and objectives of the comprehensive land use plan of the City. By allowing the southernmost cul-de-sac tobeconstructed at length of 725 feet, the development Will more closely meet the goal of the City's Comprehensive Plan that residential communities should be developed at densities between 4 and 6 dwelling units per acre. Without the cul-de-sac length as proposed, approximately 7 to 8 homes would not be accessed and, therefore, constructed, reducing the density from 107 to approximately 100 units. The result Will be a reduction of the proposed density from 5.1 dwelling units per developable acre, to 4.7. Reducing the density is inconsistent with the City of Auburn's Comprehensive plan Goal 7, Residential Development (Chapter 1, which states: Ybe darlopment of newsia8lefamity cktacbed boxdng it apriorsty oftbe City in order to maintain OF traditional coh mnity character. The City of Auburn's 1995 Comprehensive Plan also states that the City is in need of Providing more middle to upper middle income housing to offset the development over the last decade of predominantly multi -family and first-time buyer housing. With approval of the cul-de-sac Modification Request, the Jovita. Heights Preliminary Plat will provide approximately 107 dwelling units on lots oriented to capture views of the Auburn Valley and Mount Rainier. The homes will be 2,600 _ 3,500 square feet in size and prices will range in the upper -middle level, from $380,000 - $450,000. The lots receiving access from the cul-de-sac proposed for a Modification are those with the steepest topography and most impressive views. The project will provide approximately 7 to 8 more middle to upper middle income housing than possible without the Modification. In addition, granting the modification request will conform to the intent and purpose of the utility and circulationplansof-the-City byallowing-the-applicant toprovide increased utility improvements and circulation routes throughout the area, which would not only benefit the neighborhood and the surrounding properties, but also the City itself. M©O® Mr. ir. Den is Dowdy Sej)te bet 29, 2004 Page 4 Utility improvements willinclude coaterst y-sewet and-drrainage itiiprovemen[s in addition to file service improvements. The roadway system is it is designed, including the design of the southernmost cul-de-sac, will also improve the circulation and accessibility of emergency vehicles throughout the neighborhood and the surrounding properties. E. Literal interpretation of the provisions of this titre would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district; As stated previously, the neighborhood, its surrounding properties and the City itself would benefit greatly by the proposed roadways, utilities, and fire safety improvements of the Jovita Heights development Denying the applicant the flexibility to increase the cul-de-sac length beyond 600 feet would eliminate development of a considerable portion of the property. F. The approval of the modification will be consistent with the purpose of this title; We believe that the purpose of the design standard that limits cul-de-sac lengths to 600 feet is to encourage interconnectivity between roadways However, because of the steep hillside along the eastern boundary of the project site, the likelihood that. the southernmost cul-de-sac will connect to a future roadway to be built along that steep hillside is very slim. The steepness of the hillside is a major deterrent to any such type of construction. The southernmost cul-de-sac will effectively remain a dead-end street for the foreseeable future. Moreover, the southernmost cul-de-sac is designed to provide adequate turnaround area for vehicles, including passenger and emergency vehicles. 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. This modification request does not lessen the requirements of the zoning ordinance. As discussed previously, granting the modification request will not only conform to the comprehensive land use plan of the City, but also to the City utility and circulation plans. The Jovita Heights development win greatly enhance the neighborhood and its surrounding properties. ML Dennis Dowdy September 29, 2004 Page S dWma INN If -- -Findings-of Fact -for 56th Avenue South --:_-- It is our contention that 56h Avenue South is not a dead-end street and, therefore, should not be subject to the City cul-de-sac design standard. At the northernmost boundary of the project site, 564'Avenue South is proposed to be improved up to.its intersection with. South 336' Street Furthermore, adequate turn -around will be provided by the proposed internal road system in the northern portion of the site. Nevertheless, we makethe fallowing findings of fact to clarify any ambiguities that may exist: A' The existing development pair ms control the layout of %b Avenue South as outlined in the City Code and Comprehensive Plan. As it is, 56' Avenue South is an unimproved road and borders a very steep hillside to the east It is the intent of Cornerstone Homes and Development to meet the requirements of the City pursuant to the City Code and Comprehensive Plan by improving 561i Avenue South along the entire length of the project site, up to South 330 Street, as well as improving South 340'i Street, which will serve as the main access to the development from Military Road South. It is Cornerstone's intent to develop the site at a reasonable potential, while also enhancing the neighborhood and its surrounding uses. . B. Given the constraints of the existing development patterns and the topography of the site, allowing %& Avenue South to end at South 336'" Street would be a reasonable and harmonious use of the developable land. C. The jovita Heights Preliminary Plat does not seek to alter the character of the neighborhood, but instead enhance it With the planned improvements to 561 Avenue South and South 340'" Street, the Jovita Heights development will, in fact, benefit the neighborhood and its surrounding properties. Allowing 56h Avenue South to end at its connection to South 336" Street will certainly not be detrimental to the surrounding area. D. As mentioned previously, it is Cornerstone's intent to meet the requirements of the City pursuant to the City Code and Comprehensive Plan by improving 56'` Avenue South along the entire length of the project site, up to South 336`s Street as well as improving South 340's Street In addition, allowing 56'" Avenue South to end at South 336'" Street will conform to the intent and purpose of the utility and circulation plans of the City by allowing the applicant to provide increased utility improvements and circulation routes throughout the area, which would not only benefit the neighborhood and the surrounding properties, but also the City itself. M®0® Aft Dentis Dowdy September 29, 2004 =� Page 6 MW, �r LM all. 1Uowing 56dAvenue-Southxo-end-at-its-connec-tion-to-south 336 "-Streetwouk w -A--- ----- reasonable decision considering not only the challenging aspects of making dhis development a reality, but also considering the many benefits this development would bring to the neighborhood, the surrounding properties and to the City itself.' F. Improving 56" Avenue South to its connection to South 336" Street improves the interconnectivity of the roadways within the neighborhood and the surrounding properti ff by providing an improved roadway from which vehicles, including passenger and emergency vehicles, may have increased circulation and accessibility. G. Allowing 56" Avenue South to end at its connection to South 336'" Street does not lessen the requirements of the zoning ordinance. As discussed previously, it is Cornerstone's intent to meet the requirements of the City pursuant to the City Code: and Comprehensive Plan by improving 56' Avenue South along the entire length of the project site, up to South 336'" Street, aswell as improving South 340'" Street I trust these explanations are adequate for your approval of the requested modification. If You have any questions or need additional information, please call me at (253) 383-2422. Sincerely, Matt Weber, P.E. Project Manager MW/lak . Enclosures c: Paul Krauss, City, of Auburn w/enclosures Sean Mattie, City of Auburn w/enclosures Walt Wojcik, City of Auburn w/enclosures PJ Datillo, Cornerstone Homes and Development w/enclosures K\Civil\Yr 2003\203191\191mo4request040929.doc 1911040929 0©O® CITY OF J Peter B. Lewis, Mayor WASHINGTON 25 West Main Sheet # Aubum WA 98001-4998 # www.d.aubum.wa.us * 253-931-3000 NOTICE OF APPLICATION This notice is to inform you that the City of Auburn has received the following application that may be of interest to you: Nature of Project or Request: Request is for a proposed 106 lot preliminary plat and rezone from RS (Single Family Residential) to R2 (Single Family Residential). Plat modifications to the city's cul-de-sac length standard and also to park dedication requirements have also been requested. Location: The proposal is generally located on the east side of the 56th Avenue South right of way between, approximately, South 348"' Street and South 3361' Street. A portion of the proposal extends as far east as 59P Avenue South. Elements of the proposal include right -of way improvements and wetland mitigation in unincorporated King County on west side of 56th Avenue South, and a southerly extension of 5e Avenue South. Date of Notice of Application: January 8, 2006 Permit Application Date: July 22, 2004 Date of Notice of Completeness: December 29, 2004 File No(s): REZ04-0005; PLT04-0007 Applicant: AHBL Engineers (2215 North 3e St, Suite 300, Tacoma, WA) on behalf of Cornerstone Homes & Development 10909 Portland Avenue East, Suite F,Tacoma, Washington 98445 Other Permits Required: No other permits are required for the rezone, preliminary plat and modification requests; however, if approved, permits identified as necessary to date include grading, utility and facility extension permits. Eventually, building and related permits (plumbing, mechanical) in support of structures will be required. In addition to the preliminary plat and rezone applications, the applicant has also filed an environmental checklist application (SEPA File No. SEP04-0026). I It is also expected that permits will be required from King County for related development activities in King County's jurisdiction. Additional Studies Provided with the Application EXHIBIT 4 AUBURN' MORE THAN YOU IMAGINED - - - The following additional studies have been submitted to date in support of the referenced applications: "Preliminary Technical Information Report prepared for Cornerstone Homes and Development for the Jovita Heights Preliminary Plat". Prepared By AHBL. July 2004 "Cornerstone Homes, Jovita Heights Wetland and Stream Analysis Report." Prepared by B-12 Associates. July 13, 2004 - - "Conmerstone Homes-Jovita Heights Wetland and Stream Analysis Report, Revised". Prepared by B-12 Associates. December 7, 2004. "Jovita Heights Plat Traffic Impact Analysis". Prepared by Transportation Planning and Engineering Inc. June 11, 2004. Supplemented by September 28, 2004 letter. "Jovita Heights Plat Traffic Impact Analysis Update", Prepared by Transportation Planning and Engineering Inc. December 21, 2004. "Preliminary Geotechnical Evaluation! Zipper Zeman Associates, Inc. July 13, 2004. Supplemented by letter dated August 24, 2004. Zipper Zeman Associates. Notice of Application Public Comment Period You are invited to comment on the application, request a copy of the decision, when available, receive notice of and participate in any hearing and be made aware of any appeal rights. Comments on this notice of application 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 Monday, January 24, 2005. Public Heartna An open record pre -decision public hearing is required for the project. The City has not determined the date of the hearing at this time. The City may accept public comments at any time prior to the closing of the record of an open record pre -decision hearing. A separate notice regarding the time and date of the hearing will be provided in the future. Statement of Consistency and List of Applicable Development Regulattons For that portion of the proposal inside the Auburn City limits, the proposal is subject to and shall be consistent with the Auburn City Code, Auburn Comprehensive Plan, International Building Code, International Fire Code and Auburn Design and Construction Standards. Proposed Mitigation Measures• A SEPA determination and SEPA mitigation measures for the proposal have not yet been finalized. At this time, the City anticipates assuming lead agency status for the proposal. Additional Information If you have further comments or questions related to this application, you may contact Steve -Pilcher or Dave Osaki with the City of Auburn Planning and Community Development Department at (253) 931-3090. *j CrIY OF / WASHINGTON NOTICE OF PUBLIC HEARING Please be advised that the AUBURN HEARING EXAMINER on July 19, 2005, at 7:00 p.m. will conduct a PUBLIC HEARING on the following request: REZ04-0005 Application of Cornerstone Homes and Development for a rezone request from RS ("Single Family Residential") to R2 (also "Single Family Residential") for parcels generally located on the east side of 56th Avenue South between, approximately, South 336th Street to the north and Iowa Drive/South 348th Street to the south. Pursuant to WAC 197-11-535, 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 will be available for consideration at this public hearing. The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main Street. The public is invited to attend to express comments or opinions. Written comments may be submitted prior to the hearing to the Auburn Planning Department, 25 West Main, Auburn, WA. 98001. If you have further comments or questions, please call the Planning Department at (253) 931-3090. A staff report will be available approximately one week in advance of the hearing date and can be obtained by contacting the City of Auburn Planning and Community Development Department at (253) 931-3090. For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed. Each request will be considered individually according to the type of request, the availability of resources, and the financial ability of the City to provide the requested services or equipment. For the location of the property, refer to the cross -hatched area on the map below. EXHIBIT 5 CERTIFICATION OF POSTING APPLICATION NO. PLT04-0007 and REZ04-0005 LOCATED AT: east side of 56th Avenue South between, approximately, South 336th Street to the north and Iowa Drive/South 348th Street to the south DATE OF PUBLIC HEARING: July 19, 2005 PUBLIC HEARING NOTICES POSTED: This date I certify that I did post land use posting notices. These notices are required to be posted at least 10 days prior to the public hearing as required by Chapter 18.68.040(B)(1)(a) and for plats Chapter 17.06.030(C)(3) of the Auburn Land Division Ordinance of the Auburn Zoning Ordinance. The public hearing date is scheduled for July 19, 2005. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. Datery1/� Name: �/�(�l%/GN Tu Nguyen, P nny g Department EXHIBIT 6 CERTIFICATION OF PUBLICATION AND MAILING CERTIFICATION OF PROVIDING FOR THE PUBLICATION IN THE KING COUNTY JOURNAL ON THE FOLLOWING: APPLICATION NO.: PLT04-0007 and REZ04-0005 APPLICANT: Cornerstone Homes and Development DATE OF PUBLIC HEARING: July 19, 2005 I did on July 1, 2005, send via e-mail to the King County Journal a newspaper of general circulation a notice of public hearing, as required by City of Auburn Zoning Ordinance Chapter 18.66.130 and 18.70.040, for said notice to be published on July 7, 2005, at least 10 calendar days prior to the public hearing. I also on July 7, 2005, sent to all the legally known property owners within 1,000 feet of the proposed site a copy of the notice of public hearing for the above stated application at least 10 calendar days prior to the public hearing. oat Sibfiature EXHIBIT 7 Page 1 of 1 Patti Zook From: Tom Meagher [tom.meagher@kingcountyjournal.com] Sent: Friday, July 01, 2005 3:07 PM To: Patti Zook Subject: RE: Notice of Public Hearing for publication July 7 Follow Up Flag: Follow up Flag Status: Flagged Hello Patti!! I have received your email with the attachment and will publish the notices (re: Notices of Public Hearnings for PLT04-0006, PUD04-0001, VAR04-0005, and VAR04-006 for Centex- Riversand and REZ04-0005 and PLT04-0007 for Cornerstone-Jovita) in the Thursday, July 7, 2005 edition of the King County Journal. Thank You!! Jody Barton for: Tom Meagher Legal Advertising Representative King County Journal Newspapers Phone: 253-234-3512 or 425-453-4296 Fax: 253-859-9268 or 425-635-0602 -----Original Message ----- From: Patti Zook [mailto:pzook@auburnwa.gov] Sent: Friday, July 01, 2005 3:07 PM To:'legal ads -Tom Meagher' Subject: Notice of Public Hearing for publication July 7 Importance: High Hi Tom - Attached are notice of public hearings for publication on July 7, 2005. Please e-mail a confirmation. Have a great holiday weekend! Patti Zook City of Auburn Department of Planning and Community Development 253-931-3090 VzookC@.auburrnva.gov This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Thank You. 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