HomeMy WebLinkAbout09-06-2005 ITEM VIII-A-2A
TY OFUBU, RN
- WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 5939 for
Date: August 30, 2005
Final Plat Application PLT04-0005
Department: Planning
Attachments: Completed Application,
Budget Impact:
Certificate of Improvements, Resolution No.
3792, Ordinance No. 5939, Final Plat Drawing
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5939.
Background Summary:
Pat and Al Kofal, owners, represented by Murray Kahn of Contour Inc. (Formerly known as, (Dale Alan
Land Development Co., LLC.) have made application for the Final Plat of "Highlands at Cobble Creek".
"Highlands at Cobble Creek" is the subdivision of a 9.6 -acre site into six single-family residential lots and
four permanent tracts to be developed a single phase. The request is proposed to be a gated subdivision
pursuant to Auburn City Code (ACC) Section 18.48.140. The site is located northwest of 10;7'" Place
Southeast, between SE 300th Street and SE 303 rd Court and West of 108th Avenue SE. It is within the
southwest corner of Section 5, Township 21 North Range 5 East, W.M.
The preliminary plat was approved by the City Council on December 20, 2004 by Resolution No. 3792.
The plat has been developed in accordance with the LHR2, Lea Hill Single Family Residential zoning
district as defined by ACC, Section 18.45.
The public improvements have been designed, approved and constructed. Therefore no financial
security in lieu of completion of plat improvements is required. The City Engineer has signed the
certificate of improvement.
Prior to the recording of the final plat, some minor changes may be needed to the face of the plat. The
City will not sign the Final Plat drawings until all changes have been completed.
Attached for your consideration is the Final Plat drawing, completed application and Resolution No. 3792
(approving the preliminary plat), the City Engineer's Certificate of Improvement and Ordinance No. 5939.
Ordinance No 5939 approves the final plat of Highlands at Cobble Creek.
L0906-2
03.5 PLT04-0005
Reviewed
y Council &
Committees:
evewed byDepartments
& urvisions:
Arts Commission
COUNCIL COMMITTE
S:
Building
M&O
Airport
Finance
Cemetery
Mayor
Hearing Examiner
Municipal Serv.
Finance
Parks
Human Services
Park Board
Planning & CD
Fire
Planning
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 / I
Tabled Until
Councilmember: Norman Staff: Krauss
Meeting Date: September 6, 2005Item Number: VIII.A.2
AUBURN *MORE THAN YOU IMAGINED
ORDINANCE NO. 5 9 3 9
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE FINAL PLAT OF HIGHLANDS AT COBBLE
CREEK
WHEREAS, the City of Auburn received a final plat application for the
"Highlands at Cobble Creek", Application No. PLT04-0005, the final approval of
which is appropriate for City Council action; and
WHEREAS, based on the review given this Plat by the City, the City
Council hereby makes and enters the following:
FINDINGS OF FACT
1. Pat and Al Kofal, owners, represented by Murray Kahn of Contour Inc
(formerly known as Dale Alan Land Development Co., LLC) has requested
final plat approval of the Highlands at Cobble Creek and all applicable
conditions have been met. The Highlands at Cobble Creek is a 9.6 acre
site divided into six single-family residential lots and four permanent tracts
that is located within the City of Auburn.
2. The preliminary plat is zoned as a Lea Hill Single Family Residential
(LHR3) and was approved by Resolution Number 3792 on December 20,
2004.
3. The Final Plat is in compliance with the Zoning and Land Division
Ordinance and is consistent with the City's engineering standards.
4. The City Engineer has reviewed has issued a certificate of improvements
for the final plat.
CONCLUSIONS OF LAW
1. The Final Plat is in compliance and in conformity with applicable Zoning
and Land Division Ordinances and other applicable land use controls.
2. The Plat is consistent with the Comprehensive Plan.
3. The Plat meets the requirements of Chapter 58.17 RCW.
Ordinance No. 5939
August 30, 2005
Page 1 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Approval. The Highlands at Cobble Creek subdivision, a
subdivision involving property located within the City of Auburn, Washington,
which plat is legally described on the face of the Final Plat and set forth in Exhibit
"A", attached hereto and incorporated herein by this reference, is hereby
approved, and deemed to conform to the requirements for Plat approval pursuant
to State and local law and Chapter 58.17 of the Revised Code of Washington
and Section 58.17.170 thereof.
Section 2. Constitutionality or Invalidity. If any section, subsection clause
or phase of this Ordinance is for any reason held to be invalid or unconstitutional
such invalidity unconstitutionality shall not affect the validity or constitutionality of
the remaining portions of this Ordinance, as it is being hereby expressly declared
that this Ordinance and each section, subsection, sentence, clause and phrase
hereof would have been prepared, proposed adopted and approved and ratified
irrespective of the fact that nay one or more section, subsection, sentence,
clause or phase be declared invalid or unconstitutional.
Section 3. Recordation. Upon the passage, approval and publication of
this Ordinance as provided by law, the City Clerk of the City of Auburn shall
cause this Ordinance to be recorded in the office of the King County Elections,
Records and Licensing Division.
Ordinance No. 5939
August 30, 2005
Page 2 of 3
Section 4. Implementation. The mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions
of this legislation.
Section 5. Effective Date. This ordinance shall take effect and be in force
five (5) days from and after its passage, approval and publication, as provided by
law.
ATTEST:
Danielle E. Daskam,
City Clerk
TO FORM:
City
Publication:
Ordinance No. 5939
August 30, 2005
Page 3 of 3
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
LEGAL DESCRIPTION
LEGAL DESCRIPTION OF PROPERTY
That portion of the East half of the Southeast quarter of the Southwest quarter of Section 5,
Township 21 North, Range 5 East, Willamette Meridian, lying Northerly of Hazelwood School
Road (S -E. 304th Way) as now located;
EXCEPT that portion thereof platted within Hazelwood Heights, as per Plat recorded in Volume 71
of Plats, page 37, Records of King County Auditor;
AND EXCEPT that portion thereof described as follows:
BEGINNING at the Southwest comer of the above described tract;
THENCE North along the West line thereof 243 feet;
THENCE Easterly parallel to the North line of said East half of the Southeast quarter of the
Southwest quarter 252 feet, more or less, to the Northwest boundary of the Hazelwood School
Road (S.E. 304th Way);
THENCE Southwesterly along the Northwesterly boundary of said road to the POINT OF
BEGINNING.
Situate in the City of Auburn, County of King, State of Washington
FINAL PLAT APPLICATION
YAOM ag KaJL�
APPLIC T'S NAME
Sec. Twp. Rng,
Zone Existing _
P67044 -000,5-
APPLICATION NUMBER
Area Code
Scheduled Meeting T"" ��I�
Date Received (Q �t4 _0
wwau„wa,,,a«,,,aa,„aa„ww,a«aa,aa«»,waa«a,«aaaw»a„waa„
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, ADD THE ADDITIONAL
REQUIRED PAGES TO THIS APPLICATION.
NAME OF SUBDIVISION: Highlands at Cobble Creek
Date City Council Approved Preliminary Plat: December 20 2004
Total area of subdivision: Acres: 9.20 Sq. FL: 400.648
Total number of lots: 6 Lots / 9 Tracts
Total number of dwelling units: 6
Proposed Land Use: Single -Family Devekmment
Existing zoning: LHR1
Minimum size of lot as shown on plat: 10.413
Sq. ft..
Minimum lot width as shown on plat: 80 feel
Minimum lot depth as shown on plat: 128 feet
Have any changes been made to the plat since preliminary plat approval?
If )Yes (X)No. If yes, then list those revisions below or on a separate page.
APPWENVCHECK-ADPL
rseMeee v WS Page 4 of 6
ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELOW OPPOSITE A
"PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE LEGAL DESCRIPTION AND INDICATES THE
PROPERTY OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND
UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND ITS ATTACHMENTS.
PARCEL NAME, ADDRESS & PHONE NUMBER
NUMBER (Please Print)
052105-9014 Murray Kahn
Highlands at Cobble Creek LLC
12515 Bel -Red Road, Suite 201
Bellevue. WA 98005
(253) 462-8200
Fax number (425)462-7876
E-mail address murrav(a)newhalliones corn
Fax number
E-mail address
AGENT arxUor OWNER'S REPRESENTATIVE:
Name:
Joanne M Knaoo P L S
Barghausen Consulting Engineers, Inc.
Address:
_ 18215 - 72nd Avenue South
City/Phone:
Kent, WA 98035
(425) 251-6222
Fax number
(425) 251-8782
E-mail addressiknaoona
barghausen.com
Indicate Method for Future Notifications
Fax Mail X Telephone X E-mail X
SIGNATURE
AS AV4LIr-Aa1
i
APPL14ENVCHECK-APPL
RftL a u ID05 Page 5 of 6
LEGAL DESCRIPTION OF PROPERTY
That portion of the East half of the Southeast quarter of the Southwest quarter of Section 5,
Township 21 North, Range 5 East, Willamette Meridian, lying Northerly of Hazelwood School
Road (S.E. 304th Way) as now located;
EXCEPT that portion thereof platted within Hazelwood Heights, as per Plat recorded in Volume 71
Of Plats, page 37, Records of King County Auditor;
AND EXCEPT that portion thereof described as follows:
BEGINNING at the Southwest comer of the above described tract;
THENCE North along the West line thereof 243 feet;
THENCE Easterly parallel to the North line of said East half of the Southeast quarter of the
Southwest quarter 252 feet, more or less, to the Northwest boundary of the Hazelwood School
Road (S.E. 304th Way);
THENCE Southwesterly along the Northwesterly boundary of said road to the POINT OF
BEGINNING.
Situate in the City of Auburn, County of King, State of Washington.
FEE PAYMENT: $1,038.00 plus_$32.00 per lot T.R. #:
Cashier's Initials: _ Date Received:
API'WENVCHECK-ADPL
kevisee 2 r2M
Page 6 of 6
FINAL PLAT
"TIME EXTENSION AGREEMENT"
The City of Auburn's Land Division Ordinance (Section 17.10.010(A)) requires that the City Council approve,
approve with conditions, return to the applicant for modifications or deny an application for a final plat within 30
days of receipt of a complete application.
However, since the City Council meets only twice a month, it may not always be possible for the Council to
make its final decision within the prescribed 30 day time period.
If, during the course of the City review of the final plat, it becomes necessary to extend review beyond that
time period prescribed by the Ordinance, the applicant may agree, in writing, to an extension of this time period. If
you choose to agree to an extension of the prescribed 30 day time period, please sign below and submit this form
with your application to the Planning Department.
Subdivision Application No.
the applicant for the above referenced final plat. do hereby agree
to extend the review time period for my application beyond the prescribed 30 days. Should this extension become
necessary, I shall be informed in writing by the Planning Director as to the additional amount of time necessary
above and beyond the prescribed 30 days to make a decision on the subject application.
A . n
K5 V1t--,1,166e
Property Owner
Date: & - 17 — OS-
APPLNENVCHECK-APPL
�2a'"S Page 3 of 6
AWWAS'
CERTIFICATE OF IMPROVEMENTS
INGTON
FINAL PLAT APPLICATION
FAC 04-0014
COMPLETION OF IMPROVEMENTS
The required improvements for the Final Plat of HIGHLANDS AT cosrIr r: CREEK
have been completed in accordance with the Land Division Ordinance and the City of
Auburn's standards and specifications.
/ 2 CEJ
City Engineer 1Dat4
SECURITY IN LIEU OF COMPLETION
In lieu of the required public improvements for the Final Plat of
an approved security (type of security)
for $ (150% of the estimated costs of improvements) has
been submitted and approved by the City Engineer.
City Engineer ate
1. The developer has provided references and demonstrated a minimum of 3 years
successful, non -defaulted plat development experience in the Puget Sound region.
2. The bond/security is based on the following costs:
Water
Storm $
Street
White: Contract Administrator
REF. H:\FORMS1FE031 (2/04)
Sewer $
Traffic Signal
(luminaires, curb, gutter, streets, private utilities)
Yellow & Pink: Planning Director Goldenrod: Developer
RESOLUTION NO. 3 7 9 2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE PRELIMINARY PLAT TO SUBDIVIDE 9.6
ACRES INTO SIX LOTS FOR FUTURE SINGLE-
FAMILY DEVELOPMENT AND FOUR TRACTS TO
COMPRISE A GATED SUBDIVISION AT THE END
OF SE 300TH STREET IN AUBURN, WASHINGTON
WHEREAS, Application No. PLT04-0005, dated March 4, 2004, has
been submitted to the City of Auburn, Washington, by Pat and Al Kofal,
requesting approval of a preliminary plat to subdivide 9.6 acres into six lots for
future single-family development and four tracts to comprise a gated subdivision
at the end of SE 300th Street in 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 November 16, 2004, of which the Hearing Examiner recommended
approval of the preliminary plat on November 30, 2004; and
WHEREAS, the City Council, on December 20, 2004, considered said
request and affirmed the Hearing Examiner's recommendation for preliminary
plat based upon the following Findings of Fact and Conclusions, to -wit:
FINDINGS OF FACT
1. The Applicants requests approval of preliminary plat application to
subdivide 9.6 acres into six lots for future single-family residential
development and four tracts within a gated subdivision on properly
Resolution No. 3792
December 15, 2004
Page 1
located at the end of SE 300th Street. Tract A would contain 6.41 acres
of wetland, stream, and associated buffers. The internal private access
road would be located in Tract B. Tract C would be owned by the future
owner of Lot 6, and Tract D would be owned by the future owner of Lot 5.
Exhibit 1, page 2; Exhibit 5; Testimony of Mr. Dixon; Exhibit 10, Plat
Drawing. The lots would be terraced to remain consistent with the
topography existing in the areas to be left undeveloped. Exhibit 12,
Geotechnical Report, Project Description.
2. The subject property and the properties to the south and west are zoned
Lea Hill Single -Family Residential (LHR1) and share a Comprehensive
Plan Land Use designation of Single -Family Residential. Property to the
east is zoned under King County regulations and is developed with the
Hazelwood Heights single-family residential subdivision. Property to the
north is zoned Leah Hill Public (LHP), and has a Public/Quasi Public
Comprehensive Land Use designation. The Cobble Creek subdivision is
west of the subject property. Exhibit 1, page 2.
3. The site was annexed to the City of Auburn in 2002, at which time LIHR1
zoning regulations became applicable. Exhibit 1, page 3. The LIHR1
zone requires a minimum lot size of 8,000 square feet, a minimum lot
depth of 100 feet, and a minimum lot width of 80 feet. ACC 18.45.030.
The proposed lots would meet or exceed the dimensional requirements
of the LHR1 zone. Exhibit 1, page 3; Testimony of Mr. Dixon.
The proposed plat borders two public streets: 106'hAvenue SE and SE
300"' Street. Access would be obtained by extending SE 300th Street as
a private internal access road serving all six lots. The existing terminus
of SE 300`" Street is a 75 -foot cul-de-sac bulb located via easement on
the two lots within the Cobble Creek plat adjacent to the end of the road.
The language of the easement stipulates that the encumbrance on the
two lots will be extinguished when a public road is extended to the east.
Because the Applicants propose a private road to the east, the easement
would not be extinguished and the existing 75 -foot terminus bulb would
remain. There is no future through connection from the extension of SE
300th Street due to the steep topography of the site. The new private
access road would have a paved width of 20 feet within a 24 -foot access
easement. Exhibit 1, page 3. Exhibit 1, page 3, Exhibit 10, Plat drawing.
5. The lots and future residential structures would be located more than 150
feet from the emergency vehicle turnaround at the existing terminus of
SE 300"' Street. Exhibit 1, page 5; Testimony of Mr. Dixon. All future
structures farther than 150 feet from the public street must be equipped
Resolution No. 3792
December 15, 2004
Page 2
with fire protection sprinklers. ACC 13.16.122. The Fire Marshal
determined that Lots 1 and 6 would be required to be sprinklered.
Exhibit 1, page 5.
6. The City of Auburn would provide police and fire protection, potable
water, and sewer service to the subdivision. Planning staff indicated that
water and sewer service are available. Testimony of Mr. Dixon. The
Applicants would be required to construct an 8 -inch water line through
the site along the private internal access road and connecting to the
existing 6 -inch water line in 108th Avenue SE within the neighoring
Hazelwood heights plat to the east. Installation of a pressure reducing
valve would be necessary to provide the required minimum fire flow of
1,500 gallons per minute, consistent with the City's comprehensive water
plan. Exhibit 1, pages 3 and 4; Testimony of Mr. Dixon.
The Applicants would be required to extend an 8 -inch sanitary sewer line
along the internal private road and to stub it out to the north property line
to serve future off-site development. The City would require grinder
pumps to be installed in lines providing sewer service to Lots 5 and 6 if
the residences on those lots would sit lower than the elevation of the
roadway. Exhibit 1, page 5; Testimony of Mr. Dixon.
8. The subject property is densely forested with slopes of 16 to 20 percent
that drain down to Cobble Creek. Cobble Creek runs in a northeast to
southwest tending ravine occupying the majority of the site. The ravine
contains a wetland in addition to the stream. Exhibit 1, page 3.
Approximately 6.4 acres would be set aside in Tract A and dedicated to
the City in a native growth protective easement. Exhibit 1, page 4. Due
to the slopes and irregularly shaped lots, the City requested that
approval be conditioned on proper placement of future structures and
compliance with all setback requirements. Testimony of Mr. Dixon;
Exhibit 1, page 4.
The Applicants commissioned a wetland evaluation from Alder NW. The
on-site wetland was identified as a King County Category 2 wetland,
which requires a protective buffer of 50 -feet. The wetland and buffer
completely contain Cobble Creek, a perennial stream without
anadromous fish. Cobble Creek has been classified as a Type 3
stream, which requires a 50 -foot buffer. Exhibit 1, page 3; Exhibit! 13.
Existing native vegetation would provide adequate buffering for the
critical areas. Exhibit 1, page 3. Except for the construction of the water
line through the wetland in a 15 -foot wide easement, there would be no
disturbance of the buffer and no wetland fill. Exhibit 13, page 4.
Resolution No. 3792
December 15, 2004
Page 3
10. Construction of the water line through the wetland buffer would
temporarily disturb the wetland, stream, and associated buffers. Impacts
would consist of the excavation of approximately 100 cubic yards of
earth. Approximately 500 square feet of the wetland and approximately
2,995 square feet of the wetland buffer would be impacted. Exhibit! 13,
page 4. The Applicants propose to mitigate the temporary impacts of
waterline construction by timing construction so that work in the critical
areas would be completed in July and August, when the surface water
levels are lowest. They propose to minimize erosion by utilizing best
management practices and limiting the operation of equipment within the
protected area. Where affected, the creek bed would be restored with
placement of appropriate gravels and sand. The stream would be
diverted until the waterline placement was complete. Surface soils
removed during trench excavation would be preserved and used as the
final materials for filling the trench line. All trees and understory
vegetation removed would be replaced with native species. Exhibit 1,
page 3; Exhibit 13, page 5. The critical areas mitigation plan was
reviewed and approved by the City. Testimony of Mr. Dixon; Exhibit 1,
page 5.
11. The subdivision would create an increased risk of human instrusion into
the adjacent critical areas because it would move residential
development closer to them. The City requested measures for
identification and protection of critical areas, such as singage and
fencing, to be imposed as conditions of MDNS approval. Exhibit 5,
MDNS
12. The Applicants retained geotechnical consultants to address the issues
of slope and soil stability inherent in developing the subject property.
Terra Associates, Inc., conducted a slope stability analysis which
concluded that with recommended protection measures, the slopes
would be stable for the proposed development, and that the project
would have no adverse impact on the site or adjacent properties. The
March 19, 2004 geotechnical report noted that because the site contains
Alderwood Gravelly loam soils on a 15-20% slope, the erosion hazard
would be moderate to severe. However, Terra Associates determined
that implementation of their geotechnical recommendations and
compliance with Auburn's design standards would avoid or reduce
erosion impacts to a level of non -significance. Exhibit 5. MDNS; Exhibit
12, Terra Associates, Inc. Manch 19, 2004 Study.
13. Development of the six residential lots and the private internal access
street would involve clearing and grading approximately 2.6 acres and
Resolution No. 3792
December 15, 2004
Page 4
creation of approximately 0.6 acres of impervious area. Exhibit 5,
MDNS; Exhibit 14. Storm drainage from new impervious surfaces would
be managed through an underground detention and treatment system
designed in accordance with the 1998 King County Storm Water
Detention Manual requirements and the basic water quality menu.
Exhibit 1, page 5; Exhibit 14, see Prtiminary Grading and Drainage Plan,
Exhibit 14. Cobble Creek leaves the subject property through an existing
18 -inch culvert at the southwest corner of the site and untimately outlets
into the Green River. One 5.3 acre forested off-site basin drains into the
north portion of the subject property in sheet flows before joining Cobble
Creek. Exhibit 14, Preliminary Drainage Report. The project does not
incorporate conveyance system nuisance problems or contribute; to
downstream flooding. There is no history of severe erosion in the area.
Exhibit 14.
14. The site is entirely forested and has been for many years. The condition
of the trees on-site was classified as generally fair to good, with no
significant insect or disease problems. Trees range up to 130 feet tall.
Due to on-site slopes, extensive grading would be necessary for the; six
home sites. The Applicants indicate that trees would only be removed
from the proposed residential home sites and where necessary to
construct roads and utilities. Some trees outside the identified home
sites that would be at risk of falling due to clearing activity would also be
removed. Overall, the Applicants propose to retain 83% of the trees on-
site, including the trees in Tracts C and D. Exhibit 5, MDNS; Exhibit 15.
The Applicants have submitted a tree protection plan that includes the
use of orange mesh fencing to mark root protection zones of trees to be
retained during clearing and grading, as well as a tree replacement plan
for the cleared home sites. Exhibit 15. The Applicants' tree study found
that there would be no impacts to off-site trees from the proposed
development. Exhibit 15.
15. Prior to final plat approval, the Applicants would be required to
demonstrate compliance with the criteria in ACC 18.48.140 inorder to
obtain approval for the proposed gated community. Testimony of Mr.
Dixon; Exhibit 5, MDNS; Exhibit 1, page 3.
16. The subdivision would be within the Auburn School District. The
Applicants would be required to pay school impact fees prior to building
permit approval. Exhibit 1, page 4.
17. According to the ITE Trip Generation Manual, the subdivision would be
expected to generate six PM peak hour vehicle trips, which is below the
Resolution No. 3792
December 15, 2004
Page 5
threshold at which a traffic study is necessary. Exhibit 5, page 3. The
Applicants would be required to pay applicable transportation impact
fees at the time of building permit application. Exhibit 1, page 4.
18. The projext is exempt from parkland dedication because it creates only
six lots. Exhibit 1, page 4; ACC 17.12.260.
19. Adjacent lot owners within the Cobble Creek subdivision have
constructed rockeries and other features that encroach upon the subject
property along the west boundary. The encroachments, which have
been identified as Tracts E through I on the site plans, would be required
to be resolved prior to final plat approval. Exhibit 10, Plat drawing. If lot
line adjustments were used to modify the exterior plat boundary, City
staff testified that one application could cover all boundary adjustments
in order to minimize costs to the Applicants and that no survey would be
required. An alternative would be for the Applicants to grant the
encroaching lot owners permanent easements to the affected Tracts E
through I. A final plat note would be required notifying all parties that no
structures may be built on Tracts E through I. Exhibit 1, pages 3-4;
Testimony of Mr. Dixon.
20. Pursuant to the State Environmental Policy Act (SEPA), the City of
Auburn acted as lead agency for review of environmental impacts
caused by the proposal. The City issued a Final Mitigated Determination
of Nonsignificance (MDNS) on August 6, 2004. The MDNS contains
eleven conditions required to reduce potential adverse impacts to a point
of non -significance. The conditions pertain to the following: imposition of
the geotechnical recommendations from the March 19, 2004 Terra
Associates, Inc. study as conditions of approval; storm drainage
conveyance, detention, and water quality treatment facilities; imposition
of the recommendations in the January 12, 2004 Washington Forestry
Consultants, Inc. tree report as conditions of approval; approval of a final
wetland and stream delineation and mitigation plan; imposition of such
protections as fencing and signage to protect the critical areas from
increased human intrusion; protection of any cultural, historical, and
archeological sites or features that are discovered during construction;
and provision of water service and fire protection in compliance with City
of Auburn development regulations. Exhibit 5, MDNS. The SIEPA
Responsible Official based these conditions on Comprehensive (Plan
policies EN -2, 8, 9, 11, 12, 15, 18, 20, 22 through 26, 29, and 64 through
66; PR -7; HP -1 and 3; CF -11, 38, and 39; LU -106; and TR -23. Exhibit 5.
The MDNS was not appealed. Testimony of Mr. Dixon.
Resolution No. 3792
December 15, 2004
Page 6
21. The City received five public comment letters during the comment period
on the MDNS. The Muckleshoot Tribe and the Washington State
Department of Archeology and Historic Preservation each commented
that the site has the potential to contain historical Native American
archeological resources and requested that an archeological survey be
completed prior to ground disturbing activities. The other three comment
letters were from neighboring property owners. Two neighbors
requested notice of future actions on the project. Exhibit 1, page 4;
Exhibit 6. The final comment letter was submitted by a neighbor in the
Cobble Creek subdivision, regarding possible degradation of salmon
spawning habitat in Cobble Creek. The letter also expressed concern
about the adequacy of the storm drainage plan to handle runoff from new
impervious surfaces directed to the culvert serving the Cobble Creek
plat. Exhibit 6. Neighboring land owner Jim Farwell testified at the
hearing regarding his concern that four old maple trees in the northwest
corner of the property be retained. Testimony of Mr. Farwell. The
Applicant addressed this concern, noting that an arborist will be on-site
during clearing and grading to protect all mature trees and other
vegetation that can safely be retained outside of the construction
footprint. Testimony of Mr. St. Clair.
22. The Applicants retained the archeological consultant Richard Daugherty,
PhD. Working in conjunction with members of the Muckleshoot Tribe
and other historians, Dr. Daugherty excavated thirteen test pits that
revealed no evidence of historical or cultural material. Based on this
evidence, Dr. Daugherty determined it is unlikely that the subject
property was a site of significance for the tribe. However, he
recommended that excavation of the site continue to be monitored for
items or features of historical or cultural significance. Exhibit 16.
23. 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 8 and 9;
Testimony of Mr. Dixon.
CONCLUSIONS OF LAW
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 17.060.050.
Resolution No. 3792
December 15, 2004
Page 7
Criteria for Review
For a preliminary plat application to be approved, the Applicants must
demonstrate the following:
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;
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.
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. The subdivision will result in six
new residential lots that will meet or exceed zoning requirements. Home
sites on each lot will be terraced and situated to comply with required
slope buffers and setbacks. Design of each residential lot will
accommodate and protect on-site slopes, including installation of sewer
grinder pumps in Lots 5 and 6 to ensure sewer service up slope. The
Resolution No. 3792
December 15, 2004
Page 8
project will create 6.4 acres of open space surrounding and protecting
on-site slopes, wetlands, Cobble Creek, and associated buffers. The
critical areas will be contained within a native growth protection
easement to be dedicated to the City. The private internal access street
will satisfy the requirements of the City's engineer. Lots 1 and 6 will be
required to sprinkler residential structures to ensure compliance with the
Fire Marshal's requirements. Potable water and sewer service will be
provided by the City of Auburn, and the Applicants will provide
connection to utilities to each lot of the subdivision. School aged
residents of the subdivision will attend City of Auburn schools. The
Applicants will pay school impact fees according to the schedule of fees
in effect at the time of building permit issuance. Findings of Fact Nos. 1,
4-8, 16&18.
2. The subdivision will conform to the general purposes of the City of
Auburn Comprehensive Plan. The subdivision will be consistent with
the Comprehensive Plan's land use designation for the site, as well as
with the land use designations of surrounding properties. The plat would
not be consistent with Comprehensive Plan Land Use Policy 23, which
prohibits dead end roads exceeding 600 feet in length. The existing
dead end road the project seeks to extend already exceeds 600 feet in
length. This violation of Comprehensive Plan policy is limited because
there is no potential for further development connected to the road due to
topography. The extended dead end road will serve only six additional
lots. The existing emergency vehicle turn around will remain in place
and the homes farthest from the terminus will have fire sprinklers.
Findings of Fact Nos. 2 & 4.
3. With conditions of approval, the project will 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. The proposed lots will meet or exceed the dimensional
requirements of the LHR1 zone. The subdivision will be consistent with
the purposes and regulations of the subdivision title, with the City's
design and construction standards, and with the applicable King County
Critical Areas provisions. Findings of Fact Nos. 3 & 9..
With conditions, potential environmental impacts of the proposed
subdivision will be mitigated. The Applicants will dedicate the critical
areas and their buffers to the City in a native growth protection
easement. Construction of the water line through the critical area will be
monitored during construction to minimize erosion. It will be mitigated
after completion by placement of gravel in the streambed and replanting
Resolution No. 3792
December 15, 2004
Page 9
of disturbed vegetation. Approximately 83% of the site will remain in its
forested, undisturbed state. An arborist will oversee tree retention and
replacement. Structures placed on all lots will be required to comply with
setbacks. Stormwater will be detained, treated, and released in
accordance with City standards. 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 of Fact Nos. 8 — 13, 20
& 21.
5. The subdivision will not create or contribute to public nuisances.
The preliminary drainage report indicated that no increased storm water
runoff will be generated by the proposed subdivision. There will be no
flooding downstream caused by the subject property. The subdivision
will generate no more than six new PM peak hour vehicle trips. On-site
critical areas will be protected from increased disturbance by fencing and
signage indicating their protected status. Nothing in the record indicates
that public nuisance will result from the development. Findings of Fact
Nos. 11, 13 & 17.
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 9.6 acres into six lots for future single-
family development and four tracts to comprise a gated subdivision, at the
existing terminus of SE 300"' Street in Auburn, Washington should be
APPROVED, subject to the following conditions:
1. At the request of the City's Building Official, the Applicants shall survey
and stake all applicable corners of the structure be surveyed and staked
prior to the pouring of footings or foundations in order to ensure the
accurate placement of the home/structure(s) in relationship to the
setbacks required from property lines, easements or other similar
features associated with a given lot.
2. Prior to Final Plat approval, the Applicants shall by easement, lot line
adjustment, or other method (including dedication to the City) convey the
property currently identified as Tracts E through I to the respective
adjoining lot owners in the Plat of Cobble Creek. A final plat note shall
be required to indicate to all parties that Tracts E through I shall not
contain structures.
Resolution No. 3792
December 15, 2004
Page 10
3. The final plat shall identify that Tract C will be owned by the future owner
of Lot 6, that Tract D will be owned by the future owner of Lot 5. (Both
tracts shall be encumbered by an easement conveyed to the City to
ensure preservation of existing trees and to accommodate the storm
drainage facility.
4. The Applicants shall provide the City with an inspection and maintenance
easement for the on-site storm drainage facilities on the development
site. Evidence that the easement has been executed and recorded shall
be provided to the City prior to issuance of any building permits for the
site. The easement and restrictions shall be shown on the face of the
final plat, or the Planning Director can provide an alternative comparable
encumbrance through approval.
5. The stream, wetland, and associated buffers shall be contained in Tract
A, which shall be encumbered by a sensitive area/native growth
protection easement granted to the City of Auburn. The easement shall
state that any uses within the easement area shall require approval by
the Planning Director. The uses shall be consistent with the purpose of
the wetland buffer/mitigation and be a general benefit to the public. The
easement and restrictions shall be shown on the face of the final plait, or
the Planning Director can provide an alternative comparable
encumbrance through approval.
6. Residential structures located on lots 1 and 6 shall be equipped with
automatic sprinkler systems approved by the Fire Department.
An arborist shall be present on-site during clearing and grading to ensure
protection and retention of appropriate trees.
8. The eleven conditions of the MDNS (at Exhibit 5) are incorporated as
conditions of approval for the plat.
9. In order to build a gated subdivision, the Applicants must demonstrate
compliance with the criteria in ACC 18.48.140 prior to final plat approval.
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.
Resolution No. 3792
December 15, 2004
Page 11
Section 2. The preliminary plat to subdivide 9.6 acres into six lots for
future single-family development and four tracts to comprise a gated subdivision
at the end of SE 300th Street in Auburn, Washington, legally described in Exhibit
"A" attached hereto and incorporated herein by this reference, is hereby
approved.
Section 3. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 4. This Resolution shall take effect and be in full force upon
passage and signatures hereon.
DATED and SIGNED this "day of December, 2004.
ciTY URN
PETER B. LEWIS
MAYOR
ATTEST:
DaNeJIe E. Daskam,
City Clerk
DcCniel B. H8i
City Attorney
Resolution No. 3792
December 15, 2004
Page 12
EXHIBIT "A"
Legal Description
Resolution No. 3792
December 15, 2004
Page 13
c
EICHIBIT'A"
ORDER NO.: 20020637
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SWTHWE41T
QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., LYING
NORTHERLY OF HAZELWOOD SCHOOL ROAD (S.E. 3041" WAY) AS NOW LOCATED;
EXCEPT THAT PORTION THEREOF PLATTED WITHIN HAZELWOOD HEIGHTS, AS PER PLAT
RE -CORDED IN VOLUME 71 OF PLATS, PAGE 37, RECORDS OF KING COUNTY AUDITOR;
AND EXCEPT -THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED TRACT,
THENCE NORTH ALONG THE WEST LINE THEREOF 243 FEET;
THENCE EASTERLY PARALLEL TO THE NORTH LINE OF SAID EAST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER 252 FEET, MORE OR LESS, TO
THE NORTHWEST BOUNDARY OF THE HAZELWOOD SCHOOL ROAD (S.E. 3041" WAY);
THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY BOUNDARY OF SAID ROAD TO
THE POINT OF BEGINNING;
SITUATE IN THE CITY OF AUBURN, COUNTY OF IQNG, STATE OF WASHINGTON.
TO:
FROM:
DATE:
SUBJECT:
OF_v0�r! *
WASHINGTON
Memorandum
Mr. Theodore Hunter, Hearing Examiner
City of Auburn Planning and Community Developmgif
Department
August 12, 2005
PLT04-0007 and REZ04-0005 — Request For
Reconsideration
The City of Auburn has received a request for reconsideration related to
the above referenced cases that were heard by the Hearing Examiner on
Tuesday, July 19, 2005. The reconsideration request was filed by Abdul
and Shanaz Chahim.
A copy of the reconsideration request dated July 9, 2005 is attached.
Please contact Patti Zook with the City of Auburn Planning and
Community Development Department should you have questions or
require additional information related to this request.
Thank you.
0811112 5 03:48 2062967212 KCFMO
O King County
Department of Development
and Environmental Services
900 Oakesdale Avenue SW
Renton, Washington 98055-1219
FAX COVER SHEET
TO: Ca
FAX NUMBER:
FROM: SHABNAz CHmix
PHONE NUMBER: (206) 296- 6665
FAX NUMBER: (206) 296-6729
PAGE 01
AU(r .i r 2
005
Date: 2/ 1 Time:.4 :91�_AM fM� PAGE 1 OF 2
08/11/2005 03:48 2062967212 KCFMO PAGE 02
August 9, 2005
Mr. Theodore Paul Hunter
Hearing Examiner- SEP04-0026 I PLT04-0007
Council Chambers
Auburn City Hall
25 West Main Street
Auburn, WA 98001-4998
Dear Mr. Hunter.
All ': 1 1 1005
My husband and I own lot 6, block 14 of Jovita Heights. We submitted an explanatory
letter with Exhibits dated July 13 to be considered for the hearing. We feel that our
request for mitigation were not addressed because of the determination which was made
by the SEPA Responsible Official that the impacts will be more appropriately addressed
by King County. This statement is in error for the following reasons.
All the developer has to do with King County DDES about block 14 is to apply
for single family residential permits which will not address any conservation
easement mitigation issues or other reviews, they wil I review the house plains_ The
City is well aware of this and we do not know how and why they made that
statement.
2_ City of Aubum is the SEPA Lead Agency and is responsible to address the
mitigations of the impacts of the conservation easement that they have approved.
Early on when T found out about the proposed conservation easement I talked to
King County SEPA Authority and I was advised that City of Auburn is the: SEPA
Lead Agency and I should contact them.
We feel that we have been impacted very badly by the conservation easement decisions
made by the City. Please refer to our July 13 letter and its attached exhibits for
explanations and our request for mitigation. We are filing for reconsideration. The city,
the applicant and his agents all know and have stated many times that thexe will not be
anything left to be done with King County about Block 14 but single family residential
building permits which will not address any of the impact issues. Therefore they should
be decided at this time. We feel that we should receive mitigations for the impacts of the
conservation easement on our property. Your reconsideration will be highly appreciated.
Thank you for your time. We look forward to bearing from you.
Sincerely, A " (% 46&--
Shahnaz T. Chabim 206-354-6106 Abdul J. Chahim (husband)
6716 37th Ave SW
Seattle, WA 98126
CITF* **
AUOBURN Peter B. Lewis, Mayor
WASHINGTON 25 West Main street * Auburn WA 98001-4998 * www.aubumwa.gov * 253-931-3000
August 17, 2005
SHAHNAZ AND ABDUL CHAHIM
6716 37TH AVE SW
SEATTLE WA 98126
VIA FACSIMILE 206 296 6729
RE: APPLICATION NO. PLT04-0007 — Jovita Heights
Dear Mr. and Mrs. Chahim:
Attached is the Hearing Examiner's official decision regarding your Request for
Reconsideration.
If you have any questions regarding the attached, please give us a call.
Sincerely, �J
ul Krauss, AICP+�'"
Director
.. A
Attachment
cc: Lisa Klein, AHBL VIA FACSIMILE 253 383 2572
AUBURN* MORE THAN YOU IMAGINED
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 ) RESPONSE TO
REQUEST FOR RECONSIDERATION
BACKGROUND
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 stone water
tract. The subject property is comprised of several contiguous parcels located east of 56`h Avenue
South between Iowa Drive and South 336" 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.
An open record hearing was held before the Hearing Examiner of the City of Auburn on July 19,
2005. Eleven individuals testified at that hearing, and 40 exhibits were admitted. Following a
review of the testimony and exhibits, and based on the criteria established by the City Council, on
August 2nd the Hearing Examiner issued a recommendation for approval of the preliminary plat
subject to seven conditions.
On August 11, 2005, Ms. Shahnaz T. Chahim and Mr. Abdul J. Chahim, husband and wife, filed
a request for reconsideration of the Hearing Examiner recommendation. The request was timely
filed, and forwarded to the Hearing Examiner for consideration.
REQUEST
The Chahims did not testify at the open record hearing, but did submit two letters (dated March I
and July 13) with attached exhibits that were admitted into the record. The letter requesting
reconsideration references the letter of July 13, and issues raised therein. The letter requesting
reconsideration states that "our request(s) for mitigation (raised in the July 13 letter) were not
addressed because of the determination which was made by the SEPA Responsible Official that
the impacts will be more appropriately addressed by King County." Request for Reconsideration,
August ll. The request alleges this is in error for two reasons: (1) King County will not review
the conservation easement, but only the building plans; and (2) Auburn is the lead agency that is
responsible for addressing the impacts and the conservation easement. The request closes with a
plea that "we should receive mitigations (sic) for the impacts of the conservation easement on our
property " Apparently, the Chahims are concerned about the impact of water that may flow
across their land toward the wetland as a result of the proposed subdivision. In their July 13
letter, the Chahims requested that the conservation easement be limited to Lot 7, and not placed
on Lots 2,3 & 5 and that the Applicant/Developer contribute 50% toward the cost of a gravel
driving surface leading to Lot 6.
RESPONSE TO REQUEST
The Chahims are concerned about environmental issues that are addressed in the Final Mitigated
Determination of Nonsignificance (MDNS). Exhibit 15. The MDNS was issued June 7, 2005. It
contains 25 mitigation conditions. One of those conditions (Condition 16) relates to the:
conservation easement now questioned by the Chahims. The deadline for an appeal of the
MDNS is clearly identified in the MDNS as June 28, 2005. The Chahims did not appeal the
MDNS, but look to the preliminary plat review for a "second look" at the conservation easement.
This is inappropriate. The City of Auburn conducted an environmental review of the preliminary
plat proposal and issued an MDNS. The MDNS was available to the public and could have been
appealed. It was not. Therefor, it becomes a final document that cannot be disturbed by the
Hearing Examiner when reviewing the proposed plat. Issues involving the conservation easement
are issues related to environmental review, not to plat review. The request for reconsideration
must be denied.'
DECISION
The request for reconsideration is DENIED.
So ordered this 1 to day of August 2005.
DRISCOLL & HUNTER
Hearing Examiner for City of Auburn
By:
1\ a
Theodore Paul Hunter
' The Hearing Examiner is guided by ACC 18.66.150 when reviewing a request for reconsideration. That
section states that:
The planning director or any interested party affected by the recommendation of the
examiner who asserts that the hearing examiner based that recommendation on an
erroneous procedure, errors of law or fact, error in judgment, or the discovery of new
evidence which could not be reasonably available at the prior hearing, may make a
written request for review by the examiner within seven calendar days after the written
decision of the examiner has been rendered. The request for reconsideration shall set
forth the specific errors relied upon by such appellant, and the examiner may, after
review of the record, take further action as the examiner deems proper. The examiner
may request further information which shall be provided within 10 calendar days of the
examiner's request. The examiner's written decision on the request for consideration
shall be transmitted to all parties of record within 10 calendar days of receipt of the
request for reconsideration or receipt of the additional information requested, whichever
is later.
The request filed by the Chahims does not allege an error of fact, law, judgment or procedure of
the hearing examiner. It does not assert that new information is available. Rather, it states that the
Responsible ficial made an error. Again, an allegation that the Responsible Official erred must
be raised in an appeal of the threshold determination (here, an MDNS) not in the reconsideration
of a recommendation for approval of a preliminary plat. A land use attorney could have provided
helpful advice to the Chahims that may have preserved their appeal of the MDNS. It is now too
late to consider the issues they now raise related to the conservation easement. The MDNS is
final.
C11YOr
WASHINGTON
HEARING EXAMINER MINUTES JULY 19 2005
The regular meeting of the Auburn Hearing Examiner was held on July 19, 2005 at 7:01) p.m. in the
Council Chambers of the Auburn City Hall. Those in attendance were as follows:
HEARING EXAMINER: Ted Hunter, Driscoll -Hunter
STAFF: Paul Krauss, Planning and Community Development Director; David Osaki, Community
Development Administrator; Steve Pilcher, Development Services Coordinator; Aaron Nix, Environmental
Protection Manager; Jeff Dixon, Senior Planner; Duane Huskey, Utilities Engineer; Walt Wojcik,
Development Review Engineer; Stephen King, Assistant City Attorney; Daryl Faber, Parks and Recreation
Director; Joe Welsh, Transportation Planner; Tim Carlaw, Storm Drainage Engineer; and Patricia Zook,
Planning Secretary
Mr. Hunter called the meeting to order at 7:00 p.m. explaining the order of procedures and swore in staff
and those in the audience intending on testifying.
Hearing Examiner informed the audience that the City received a request from Centex Homers, proponent
for the River Sand project, that their cases be withdrawn from tonight's agenda. The cases are
rescheduled to the August 16, 2005 meeting at 7:00 p.m. No additional mailing or posting is required
unless the City warrants.
Hearing Examiner announced that the rezone and preliminary plat cases will be taken separately.
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.
Hearing Examiner opened the public hearing and admitted Exhibits 1 through Exhibit 9 into the record.
Mr. Osaki presented the staff report (appended) and explained the difference between the RS and R2
zoning designations. Until 2004, the City's RS zone was to encourage high quality large lot development.
This concept changed in the Comprehensive Plan amendment process to specifically target areas as
urban separators in King County. The parcels in the proposal aren't part of the urban separator. The
rezone is appropriate. He referred to recent Growth Management Hearings Board cases. In this case,
the applicant is able to demonstrate that they can bring utilities to the site and is able to address concerns
of critical areas in SEPA. Allowing the rezone change is supportable and staff recommends approval.
SEPA review was done in conjunction with the plat application. Part of the plat proposal involves off-site
improvements in King County. The Lakeland Utilities District (LUD) and the City of Auburn have entered
into an interlocal agreement to provide sewer service to the project.
There was no public comment on the rezone.
Lisa Klein, AHBL, concurs with Mr. Osaki's comments. Lots across from the subject plat are already
platted in 4,800 square foot lots and these lots are consistent with their project. They went through the
legal lot determination process through King County and confirmed with the King County assessor's office.
They were able to prove that the project has water and sewer. She referred to policies in the
Comprehensive Plan that relate to Auburn's need to provide upper and middle class housing.
HEARING EXAMINER MINUTES JULY 19, 2005
Mr. Osaki referred to page 4 of the agenda bill, and said that Chapter 4, Housing Element, of the
Comprehensive Plan, talks about housing strategy. The City was obligated in 2000 to do a major update
of the Comprehensive Plan. The chapter talks about housing strategy for the community. Auburn has
done a good job of accommodating low to moderate income housing and is encouraging higher quality
housing in order achieve a more reasonable balance of housing types. The project will cater to higher
level incomes. The current Comprehensive Plan was updated in December, 2004. Similar language has
been in the Comprehensive Plan since 1995.
Mr. Osaki remarked that the property was annexed into the City in 1971 and the zoning code was in place
at that time. He can research the zoning designation that was applied at the time of annexation. Hearing
Examiner will leave the record open until 5:00 pm on July 20 for this information and then issue his
recommendation within 10 days.
2. PLT04-0007 Application 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.
Hearing Examiner opened the public hearing and entered Exhibit 1 through Exhibit 37 into the record.
Additional exhibits include Exhibit 38 access plan, Exhibit 39 comment letter from the Watkins, and Exhibit
40 comment letter from Chahim.
Mr. Osaki presented the staff report (appended) and remarked that the plat request is slightly larger than
the rezone request, and pointed out where the open tracts and storm drainage tracts would be,
topography of the site, City limits, and the potential annexation boundary.
Mr. Osaki confirmed that currently there is not an interlocal agreement with the Federal Way School
District to collect fees on their behalf. The school district submitted a comment letter. The school district
requested that the City adopt their Capital Facilities Plan (CFP) and enter into an interlocal agreement to
collect the school impact fees on their behalf. Auburn has interlocal agreements with the school districts
of Kent, Auburn and Dieringer to collect impact fees. Auburn is not recommending that school impact
fees be imposed as part of the conditions of approval of the rezone and plat. The City will look at adopting
school impact fee collection for the Federal Way School District; however, there is no school impact fee
mitigation now. Mr. Osaki confirmed that in addition to school impact fees, transportation and safety, part
of the plat will ensure the construction of a pedestrian walkway from the plat to the bus stop. It was a
cautious decision on the school district's part not to appeal the SEPA decision.
Mr. Osaki spoke about the site's unique topography, and the required road improvements in
unincorporated King County. Lakehaven Utility District is the water provider. The City and LUD entered
into an agreement related to provision of utilities to the area. Auburn will provide sewer service and storm
drainage will be with Auburn. Drainage will be on the downhill side to a storm drainage pond and will
convey off site into the City of Algona's system.
Mr. Osaki provided information about the SEPA determination which contains a number of conditions
related to mitigation. Wetland streams and geological issues are addressed in the SEPA. Off-site
impacts and transportation impacts are addressed through the SEPA.
In response to Hearing Examiner's inquiries, Mr. Osaki provided information on the required road
improvements. Hearing Examiner asked for clarification of the park land requirement which was provided.
Hearing Examiner asked for clarification of the easements which was provided. Hearing Examiner
complimented staff on a good presentation which explained how the impacts are being mitigated.
PAGE 2
HEARING EXAMINER MINUTES JULY 19, 2005
Dick McDonnell, 33925 55th Avenue South, travels down 3401h to Military Road and wants the applicant
to install speed bumps or roundabouts because people speed down the road at more than 40 mph.
Traffic will go even faster when the road is paved. This road also has lots of pot holes. He spoke of the
need for a safe and secure pedestrian walkway. The school buses should go to 561h Avenue so kids
don't have to go to Military Road.
Malcolm Phillips, PO Box 2022, Auburn, is interested in purchasing land south of the proposed
development. The lots are on side of Iowa Drive down to 348th. He is concerned about drainage to his
potential lot and what will the developer do for interface cooperation with the owner of lots along Iowa. He
could possibly pay to tap into utilities at his expense.
Raymond Evans, 33915 53r' Avenue South, has concerns about traffic and water runoff. It's dangerous
for kids to catch the school bus on Military Road. He spoke of the need for flashing amber lights to catch
peoples' attention. There are no street lights in the vicinity and poor line of sight. He welcomes the
project and welcomes paved roads.
Shawn Evans, 33915 53rtl Avenue South, is concerned about safety of kids walking along the roadway.
She has concerns about traffic and speeding vehicles. She has concerns about road maintenance in
unincorporated King County.
Dustin Chessler, lived on 55th Avenue for 25 years and has nearly been hit by cars on many occasions
while walking on the road. He spoke about the need to increase safety for pedestrians. There should be
improvements from 56th Avenue to 515t Avenue and from 56th Avenue to Military Road. Cars often drive
40 mph on the road.
Geri Walker, Federal Way School District, indicated they previously provided written comments during the
SEPA process. The project is in the Federal Way School District and will generate 70 new students.
There is currently insufficient capacity at the elementary and high schools. The project will have adverse
impacts to their educational services and there is no assurance that these impacts will be mitigated. The
school district requested the adoption of school impact fees. They request that a special condition be
imposed related to collection of the school impact fees in anticipation of an interlocal agreement.
Hearing Examiner marked the Federal Way School District Capital Facilities Plan as Exhibit 41.
Ms. Klein provided information on their request to pay fees in lieu of park dedication. Comments from the
audience are primarily related to traffic. She offered to pay reasonable school impact fees in an amount to
be determined by the methodology described in the Federal Way School District's capital facilities plan.
Victor Bishop, Transportation Engineer, prepared the traffic impact analysis reports. The traffic accident
summary data for intersections in the area of the plat for the past three years was reviewed. As reported
by King County, 340th and Military Road had zero recorded accidents. For 340" and Peasely Canyon, also
zero recorded accidents. He spoke about channelization requirements and illumination requirements. He
spoke about sidewalk requirements. Mr. Bishop said they had discussions with Federal Way School
District about relocating the bus stops within or adjacent to the plat. The plat will have a loop road and
connect so that school buses can get in to the subdivision.
Mr. Welsh provided information on the traffic impact fees that the applicant is required to pay. Traffic
impacts of the proposed project were thoroughly reviewed during the SEPA process.
Kristen Langley, Traffic Engineer, King County Street Center, 201 South Jackson, Room 222, Seattle, is
representing the King County Road Engineer, and said that mitigation measures were required by King
County, presented to Auburn, and imposed on the applicant. She spoke about the requirement to improve
Military Road at 340" Street, channelization, and illumination. Ms. Langley said that regarding
neighborhood calming improvements, King County doesn't preinstall traffic calming. King County has
policies of installation of the measures which require an engineer's evaluation of the conditions to suggest
something be done; find the problem and then find the optimum solution. There could be concerns related
PAGE 3
HEARING EXAMINER MINUTES JULY 19. 2005
to storm drainage with any calming measures. If the neighbors have concerns they can contact the King
County Department of Transportation. King County requires street lights on arterial streets. She spoke
about King County standards for school walkways. If the applicant wishes or the Hearing Examiner
imposes a condition requiring street lighting on 340\h, King County wouldn't have any objection. However,
King County won't pay to maintain the lights or pay for electrical costs of the lights.
Matt Webber, Civil Engineer, AHBL, referred to the comments about drainage and described the collection
system in the road and said there won't be any uncontrolled surface water down the slope. He referred to
conditions in the SEPA.
Hearing Examiner is aware of the audience's concerns and appreciates their comments. He
acknowledged that some road improvements are needed and that the applicant intends to provide
improvements. Hearing Examiner said a critical concern to be looked at is the safety of children walking.
The applicant is willing to make improvements for safety and has presented creative park proposals.
There needs to be mitigation of impacts to the school district.
ADJOURNMENT:
With no further items to come before the Hearing Examiner, the meeting was adjourned at 10:00 p.m.
HE\HGND\MIN 07-2005
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