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Home My WebLink About02-21-2006 ITEM VIII-B-1CITYOF i._- 'M WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Application No. PLT05-0003, Terrace View Townhomes 02-21-06 Department: Attachments: Budget Impact: Planning See Exhibit list Administrative Recommendation: City Council adopt Resolution No. 3932 or schedule a closed record hearing on Application No. PLT05- 0003 on a date to be determined." based upon the Findings of Facts, Conclusions and Conditions as outlined below. Background Summary: OWNER /APPLICANT: Terrace View Properties, LLC REQUEST Application for a Preliminary Plat Approval for a 59 -lot Townhouse subdivision of an approx. 6.0 acre site located within the TV Terrace View zone district. SIZE: Approx. 6.042 acres LOCATION Northeast corner of Terrace View Drive and East Valley Highway EXISTING ZONE TV - Terrace View zone district. EXISTING LAND USE Primarily vacant, previously graded site. A portion of the property adjacent to East Valley Highway contains a sanitary sewer lift station. COMPREHENSIVE PLAN DESIGNATION Heavy Commercial SEPA STATUS Terrace View Park Preliminary Plat/Planned Development District FEIS issued by Pierce County May 1997; an EIS Addendum was issued by Pierce County in September 1999. An addendum to these documents was issued on October 24, 2005 by the City of Auburn to address the current proposal. The Comprehensive Plan designation, zoning designation and land uses of the site and surrounding properties are: L0221-1 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: N Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance N Parks ❑ Human Services N Planning & CD N Fire N Planning ❑ Park Board NPublic Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until—/—/— ntil_/_/_Tabled TabledUntil Councilmember: Norman Staff: Krauss Meeting Date: February 21, 2006 Item Number: VIII.B.1 AUBURN* MORE THAN YOU IMAGINED Agenda Subject: Date: PLT05-0003 Terrace View Preliminary Plat 02-21-06 _ List of Exhibits Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Completed Preliminary Plat Application Form Exhibit 4 Preliminary Plat map and supporting information, Pacific Engineering, received 12/22/05 Exhibit 5 Proposed site plan — 59 units Exhibit 6 Letter of 12/22/05 to Steve Pilcher, Development Services Coordinator, from Pacific Engineering Exhibit 7 Letter of 11/22/05 to Steve Pilcher, Development Services Coordinator, from Pacific Engineering Exhibit 8 Letter of 6/1/05 from Mary J. Urback to Carla Vincent, Pierce County PALS, re: Terrace View Wetland Mitigation and Monitoring Exhibit 9 Notice of Addendum to Final Environmental Impact Statement for Terrace View Park Preliminary PlattPlanned Development District, dated 10/24/05 Exhibit 10 Conceptual Landscaping Plan for utility station tracts by Johnson Braund Design Group, received 12/22/05 Exhibit 11 Ordinance 5373 w/attached agreement Exhibit 12 Notice of Application Exhibit 13 Notice of Public Hearing Exhibit 14 Affidavit of Posting Exhibit 15 Affidavit of Mailing Exhibit 16 Confirmation of Publication of Legal Notice Exhibit 17 Hearing Examiner Decision Exhibit 18 Resolution 3932. FINDINGS OF FACT General 1. The applicant, Terrace View Properties, LLC, has applied for approval of a 59 lot subdivision of an approx. 6.0 acre site to allow for future development of an attached townhouse development. The site is part of the Terrace View Park Planned Development District, which was originally approved by Pierce County and annexed to the City of Auburn in 2001. As part of the annexation process, the City of Auburn entered into a "Petition for Annexation, Annexation Agreement and Declaration of Covenant' with the project proponent (see attached Ordinance 5373 and attached agreement). Page 2 of 6 Comprehensive Zoning Land Use Plan Site Heavy Commercial TV Terrace View Vacant ; sanitary sewer lift station North Light Commercial C1 Light Commercial Vacant land South Heavy Commercial TV Terrace View Vacant land East Heavy Commercial TV Terrace View New "Belara" Apartments; 423 units West Single Family City of Sumner East Valley Highway, Residential railroad tracks; vacantlands List of Exhibits Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Completed Preliminary Plat Application Form Exhibit 4 Preliminary Plat map and supporting information, Pacific Engineering, received 12/22/05 Exhibit 5 Proposed site plan — 59 units Exhibit 6 Letter of 12/22/05 to Steve Pilcher, Development Services Coordinator, from Pacific Engineering Exhibit 7 Letter of 11/22/05 to Steve Pilcher, Development Services Coordinator, from Pacific Engineering Exhibit 8 Letter of 6/1/05 from Mary J. Urback to Carla Vincent, Pierce County PALS, re: Terrace View Wetland Mitigation and Monitoring Exhibit 9 Notice of Addendum to Final Environmental Impact Statement for Terrace View Park Preliminary PlattPlanned Development District, dated 10/24/05 Exhibit 10 Conceptual Landscaping Plan for utility station tracts by Johnson Braund Design Group, received 12/22/05 Exhibit 11 Ordinance 5373 w/attached agreement Exhibit 12 Notice of Application Exhibit 13 Notice of Public Hearing Exhibit 14 Affidavit of Posting Exhibit 15 Affidavit of Mailing Exhibit 16 Confirmation of Publication of Legal Notice Exhibit 17 Hearing Examiner Decision Exhibit 18 Resolution 3932. FINDINGS OF FACT General 1. The applicant, Terrace View Properties, LLC, has applied for approval of a 59 lot subdivision of an approx. 6.0 acre site to allow for future development of an attached townhouse development. The site is part of the Terrace View Park Planned Development District, which was originally approved by Pierce County and annexed to the City of Auburn in 2001. As part of the annexation process, the City of Auburn entered into a "Petition for Annexation, Annexation Agreement and Declaration of Covenant' with the project proponent (see attached Ordinance 5373 and attached agreement). Page 2 of 6 Agenda Subject: Date: PLT05-0003 Terrace View Preliminary Plat 02-21-06 2. The overall Terrace View project site consists of 52.66 acres. The project was initially intended to consist of an apartment community built on the upland bench (where the current Belara Apartments project is located) and include two commercial sites on the lowland bench. The applicant has now decided to develop the northern commercial bench with this proposed project. 3. The Terrace View Zone District (Chapter 18.78 Auburn City Code) is essentially a modified version of the C-3 Heavy Commercial Zone District. All uses allowed within the C-3 zone are allowed, with the special provision that apartments/multi-family units will be considered as outright permitted uses "and will not require a conditional use permit." Development standards are those of the C-3 zone district. 4. The Terrace View Zone also makes specific reference to an approved site plan, which is included as an exhibit to the zone district. The zone acknowledges that amendments to the site plan may occur, with the only limitation being that the commercial area cannot exceed 10 acres in size. Amendments may be either minor or major; minor amendments are approvable by the Planning Director, while major amendments require Hearing Examiner recommendation and subsequent City Council approval. The Planning Director has determined the current request constitutes a minor amendment and therefore does not require review and approval by the Hearing Examiner and City Council. 5. The Belara apartments, built on the upland bench adjacent to the current proposal, consists of 423 units. The project is still under construction and should be completed by mid -2006. The number of units within this project is substantially less than the 625 multifamily units addressed in the EIS. One of the alternatives examined in the FEIS included developing the entire site with 763 multifamily units, which is also substantially more units than exist within the current apartment project and this planned townhome community. 6. As noted, the TV zone references the C-3 zone district for permitted uses and development standards. The C-3 zone does not have a minimum lot size, minimum lot width or depth, nor lot coverage limitations. There is reference to allowing apartments, "provided that 1200 sq. ft. of lot area is provided for each dwelling unit." The zone does require a 20 ft front yard setback and a 15 ft. street side yard setback. 7. The applicant's intend the site to be developed with common wall townhouses of up to four units in a structure. Each unit will be located on an individual lot, meaning for interior units, there will be a zero (0) ft. side yard setback. The smallest lot will be 1518 sq. ft. The applicants have submitted an example of how the site might be developed with units (Exhibit 5; note this was submitted prior to final revisions). Overall density of the project is approx. 9.5 units per acre. 8. The site will be served by public streets, with one point of access onto Terrace View Dr. SE (Minor Arterial) and one point of access onto East Valley Highway (Principal Arterial). Both interior plat streets access points onto these streets would be unsignalized. City engineering staff had concerns of the potential of "cut -through" traffic from west -bound traffic if there are substantial delays at the signalized intersection of Terrace View Drive and East Valley Highway. In order to mitigate this potential impact, the applicant has agreed to install a minimum of two "speed tables" on both plat Roads A & B (see letter of December 22, 2005 from Lou Larsen, Pacific Engineering, Exhibit 6). 9. Approx. 2.5 years ago, the applicant conveyed to the City of Auburn a parcel of land and appurtenant easements within the proposed subdivision for use as a water booster pump station to serve additional development to the east within and east of Lakeland Hills. This property was purchased from the applicant several years ago and has yet to be developed. The applicant intends to relocate the pump station site to the south (Tract 'D") and dedicate that land to the City in return for the City relinquishing its ownership rights in the current pump station site. Staff is Page Agenda Subject: Date: PLT05-0003 Terrace View Preliminary Plat 02-21-06 recommending this be accomplished prior to final plat approval. The pump station will need to include provisions for increased visual screening, noise attenuation, security and access, since the station will now be located within a residential as opposed to commercial area. 10. Sanitary sewer service will be provided for this project by connecting to the existing sewer just north of the sanitary sewer pump station located in "Tract J." The applicant previously constructed this station and will be making modification to the pump station site as part of this project. The intent of these modifications is to provide increased screening, security and address noise attenuation and access, as the station will now be located within a residential as opposed to commercial area. 11. Stormwaters will be collected on—site and then directed to a regional stormwater pond known as the "Trillium pond" located on the west side of East Valley Highway. 12. Staff had previously determined that a modification to plat standards would be necessary for a short section of the proposed 12% road grade entering the site from East Valley Highway. However, the applicants' attorney points out that under the pre -annexation agreement with the City, development of the Terrace View properties would occur under the standards in existence at the time of the agreement (2001). At that time, 12% was an acceptable road grade that did not require a modification; therefore, staff has agreed a modification request is not necessary. 13. The site abuts a wetland and associated buffer to the north (Tract A). Analysis and mitigation for this wetland was begun under Pierce County jurisdiction and finalized by the County. In June 2005, the wetland mitigation and monitoring period was considered to be complete and Pierce County released the monitoring bond. See attached letter from Mary J. Urback, attorney representing the applicants, confirming this action (Exhibit 8). 14. Although the project includes a number of tracts, it does not include any set aside for recreational purposes. It appears that Tracts B, F, G & H will be landscaped areas to be owned by a future homeowners' association. Auburn City Code 17.12.260 (Land Division Ordinance) requires that a plat of 50 or more residential units to dedicate land for park purposes at the rate of 6.03 acres of park land for each 1000 residents. However, under the terms of the Terrace View pre -annexation agreement, the City accepted that future development would pay a park impact fee of $720 per multifamily unit or donate land. The Belara apartments paid a park impact fee and given the small size of this site, payment of the fee in lieu of a dedication of land would be appropriate in this instance. 15. This site is located within the Dieringer School District. The City of Auburn has recently adopted a school impact fee for the district, which will be due and payable at the time of building permit application. The 2006 impact fee rate is $3500 for single family units and $739 for multifamily units. For the purposes of the school impact fee, staff would consider these to be single family units. 16. The internal street network of the plat will include sidewalks on both sides of the streets, which will provide a safe route for any school children to walk to school bus stops. At the time of writing this report, staff is not aware of the potential location of any school bus stops. In order for the Hearing Examiner to recommend approval of a proposed preliminary plat, he/she must find that the following criteria have been met: Page 4 of 6 Agenda Subject: Date: PLT05-0003 Terrace View Preliminary Plat 02-21-06 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. Adequate provisions have been or can be provided to serve the plat. The site includes sites for both a sanitary sewer pump station and a future water booster pump station and will connect to both City utilities. The project will include public streets built to city standards. Payment of a school impact fee will be required at the time of building permit application. Payment of a park impact fee per the annexation agreement should be required prior to final plat approval. 2. Conformance of the proposed subdivision to the general purposes of the Comprehensive Plan. Goal 2 of the Comprehensive Plan encourages flexibility in the development process: "To provide predictability in the regulation of land use and development, especially where residential uses are affected, but to also provide flexibility for development through performance standards that allow development to occur while still protecting and enhancing natural resources, cultural resources and critical lands and in overall compliance with this Comprehensive Plan." (page 1-21). The proposed plat is unique in offering individual unit and lot ownership in an attached townhouse development pattern; it could thus appeal to a particular sector of the housing marketplace. It also continues protection of an identified wetland (Tract A). 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. If conditioned to require payment of a park impact fee in conformance with the pre—annexation agreement, the proposal can be considered to be consistent with the Parks and Recreation Plan and the agreement. Provision of the sanitary sewer pump station and a site for a future water booster pump station is consistent with the City's Sanitary Sewer and Water Utilities Plans. 4. Conformance of the proposed subdivision to the general purposes of the Land Division Ordinance as enumerated in ACC Section 17.02.030. The plat is consistent with the broad purpose statements of the Land Division Ordinance as enumerated in ACC Section 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. The plat has been or is capable of being designed in accordance with applicable City standards including the City's Design and Construction Manual. Staff finds that adequate provisions for on—site parking have been made and the project also provides an additional seven (7) angled parking stalls for overflow parking/visitors- 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. Development of this property as proposed is consistent with the Environmental Impact Statement prepared for the Terrace View Properties. Staff has recommended specific conditions of approval which should mitigate any potential adverse impacts. RECOMMENDATION: Page 5 of 6 Agenda Subject: Date: PLT05-0003 Terrace View Preliminary Plat 02-21-06 Based on the Facts, Findings and Conclusions of the staff report, staff recommends that the Hearing Examiner recommend to the City Council approval of the Preliminary Plat, with the following conditions: 1. Prior to final plat approval, the applicant shall provide the City of Auburn with fee simple title to the proposed Water Booster Pump Station Tract "D" and the City shall release its interest in the existing water booster pump station tract and any appurtenant easements. On the face of the final plat, the applicant shall dedicate to the City of Auburn for a sanitary sewer pump station that area shown as Tract "J" on the preliminary plat. 2. Prior to final plat approval, the applicant shall relocate the "clean" stormwater line from the Belara Apartments in order to provide a 10 ft. separation from the proposed water booster pump station building. The applicant shall also dedicate water utility easements as necessary to connect the booster pump station and appurtenant facilities to the City water system. All plans and easement revisions shall be approved by the City Engineer. 3. Tracts "D" and "J" shall be designed in substantial conformance with the conceptual "Planting Plan" prepared by Johnson Braund Design Group and received by the City on December 22, 2005. Landscaping shall either be installed or future installation secured through a performance bond prior to final plat approval. Responsibility for maintaining landscaping outside any fenced areas shall be provided by the future Homeowners' Association. 4. Prior to final plat approval, the applicant shall conduct decibel readings for the sanitary sewer pump station generator to determine the need to address sound attenuation. If necessary, mitigation measures shall be implemented as directed by the City Engineer. 5. All streets within the plat shall be designed to local residential street standards and dedicated to the public, provided that the City Engineer may entertain a deviation request to allow for angled parking stalls within the project. 6. A minimum of two traffic calming devices each shall be installed on each internal plat road (Road A and Road B) prior to final plat approval. The exact type and location of calming devices shall be as approved by the City Engineer. 7. Proposed Conditions, Covenants and Restrictions (CC&Rs) for the future Homeowners' Association shall be submitted for review and approval by staff prior to final plat approval. This document shall specify the financial means of maintenance of all common open spaces. 8. Tract "A" shall be maintained as a wetland and buffer pursuant to the mitigation plan previously approved by Pierce County. 9. Prior to issuance of building permits, the developer shall pay a park impact mitigation fee of either $720 per lot/unit or whatever fee may be in effect at the time. 10. On -street "visitor" parking shall be provided adjacent to Tracts "F" and "H" in a manner approved by the City Engineer. 11. In order to restrict access onto East Valley Highway to right-in/right-out only, the applicant shall install C -curbing on East Valley Highway as directed by the City Engineer. 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. Page 6 of 6 ACITYOF AGENDA BILL APPROVAL FORM ^" WASHINGTON Agenda Subject Date: Public Hearing Application No. PLT05-0003, Terrace View Townhomes 2/15/2006 Department: Planning, Attachments: Please refer to Exhibit Budget Impact: None Building and Community List Administrative Recommendation: Hearing Examiner to recommend to the City Council approval of the Preliminary Plat of Terrace View Townhomes, based upon the Findings of Facts, Conclusions and Conditions as outlined below. Background Summary: OWNER/APPLICANT: Terrace View Properties, LLC REQUEST: Application for a Preliminary Plat Approval for a 59 -lot townhouse subdivision of an approx. 6.0 acre site located within the TV Terrace View zone district. SIZE: Approx. 6.042 acres. LOCATION: Northeast corner of Terrace View Drive and East Valley Highway. EXISTING ZONING: TV Terrace View zone district. EXISTING LAND USE Primarily vacant, previously graded site. A portion of the property adjacent to East Valley Highway contains a sanitary sewer lift station. COMPREHENSIVE PLAN DESIGNATION: Heavy Commercial SEPA STATUS: Terrace View Park Preliminary Plat/Planned Development District FEIS issued by Pierce County May 1997; an EIS Addendum was issued by Pierce County in September 1999. An addendum to these documents was issued on October 24, 2005 by the City of Auburn to address the current proposal. Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ® Building ® M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ® Hearing Examiner ❑ Municipal Sen. ❑ Finance ® Parks ❑ Human Services ® Planning & CD ® Fire ® Planning ❑ Park Board []PublicWorks ❑ 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: Pilcher, Meeting Date: February 21, 2006 1 Item Numb t E-X1�i13i/ AUBURN *MORE THAN YOU IMAGINED Agenda Subject: PLT05-0003 Date: 2/15/2006 The Comprehensive Plan designation, zoning designation and land uses of the site and surrounding properties are: List of Exhibits Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Completed Preliminary Plat Application Form Exhibit 4 Preliminary Plat map and supporting information, Pacific Engineering, received 12/22/05 Exhibit 5 Proposed site plan — 59 units Exhibit 6 Letter of 12/22/05 to Steve Pilcher, Development Services Coordinator, from Pacific Engineering Exhibit 7 Letter of 11/22/05 to Steve Pilcher, Development Services Coordinator, from Pacific Engineering Exhibit 8 Letter of 6/1/05 from Mary J. Urback to Carla Vincent, Pierce County PALS, re: Terrace View Wetland Mitigation and Monitoring Exhibit 9 Notice of Addendum to Final Environmental Impact Statement for Terrace View Park Preliminary PlattPlanned Development District, dated 10/24/05 Exhibit 10 Conceptual Landscaping Plan for utility station tracts by Johnson Braund Design Group, received 12/22/05 Exhibit 11 Ordinance 5373 w/attached agreement Exhibit 12 Notice of Application Exhibit 13 Notice of Public Hearing Exhibit 14 Affidavit of Posting Exhibit 15 Affidavit of Mailing Exhibit 16 Confirmation of Publication of Legal Notice Exhibit 17 Hearing Examiner Decision Exhibit 18 Resolution 3932 FINDINGS OF FACT General 1. The applicant, Terrace View Properties, LLC, has applied for approval of a 59 lot subdivision of an approx. 6.0 acre site to allow for future development of an attached townhouse development. The site is part of the Terrace View Park Planned Development District, which was originally approved by Pierce County and annexed to the City of Auburn in 2001. As part of the annexation process, the City of Auburn entered into a "Petition for Annexation, Annexation Agreement and Page 2 comprehensive =Zoning Land Use 1�lan Site Heavy Commercial TV Terrace View Vacant ; sanitary sewer lift station North Light Commercial C1 Light Commercial Vacant land South Heavy Commercial TV Terrace View Vacant land East Heavy Commercial TV Terrace View New "Belara" Apartments; 423 units West Single Family City of Sumner East Valley Highway; Residential railroad tracks; vacant lands List of Exhibits Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Completed Preliminary Plat Application Form Exhibit 4 Preliminary Plat map and supporting information, Pacific Engineering, received 12/22/05 Exhibit 5 Proposed site plan — 59 units Exhibit 6 Letter of 12/22/05 to Steve Pilcher, Development Services Coordinator, from Pacific Engineering Exhibit 7 Letter of 11/22/05 to Steve Pilcher, Development Services Coordinator, from Pacific Engineering Exhibit 8 Letter of 6/1/05 from Mary J. Urback to Carla Vincent, Pierce County PALS, re: Terrace View Wetland Mitigation and Monitoring Exhibit 9 Notice of Addendum to Final Environmental Impact Statement for Terrace View Park Preliminary PlattPlanned Development District, dated 10/24/05 Exhibit 10 Conceptual Landscaping Plan for utility station tracts by Johnson Braund Design Group, received 12/22/05 Exhibit 11 Ordinance 5373 w/attached agreement Exhibit 12 Notice of Application Exhibit 13 Notice of Public Hearing Exhibit 14 Affidavit of Posting Exhibit 15 Affidavit of Mailing Exhibit 16 Confirmation of Publication of Legal Notice Exhibit 17 Hearing Examiner Decision Exhibit 18 Resolution 3932 FINDINGS OF FACT General 1. The applicant, Terrace View Properties, LLC, has applied for approval of a 59 lot subdivision of an approx. 6.0 acre site to allow for future development of an attached townhouse development. The site is part of the Terrace View Park Planned Development District, which was originally approved by Pierce County and annexed to the City of Auburn in 2001. As part of the annexation process, the City of Auburn entered into a "Petition for Annexation, Annexation Agreement and Page 2 Agenda Subject: PLT05-0003 Date: 2/15/2006 Declaration of Covenant" with the project proponent (see attached Ordinance 5373 and attached agreement). 2. The overall Terrace View project site consists of 52.66 acres. The project was initially intended to consist of an apartment community built on the upland bench (where the current Belara Apartments project is located) and include two commercial sites on the lowland bench. The applicant has now decided to develop the northern commercial bench with this proposed project. 3. The Terrace View Zone District (Chapter 18.78 Auburn City Code) is essentially a modified version of the C-3 Heavy Commercial Zone District. All uses allowed within the C-3 zone are allowed, with the special provision that apartments/multi-family units will be considered as outright permitted uses "and will not require a conditional use permit." Development standards are those of the C-3 zone district. 4. The Terrace View Zone also makes specific reference to an approved site plan, which is included as an exhibit to the zone district. The zone acknowledges that amendments to the site plan may occur, with the only limitation being that the commercial area cannot exceed 10 acres in size. Amendments may be either minor or major; minor amendments are approvable by the Planning Director, while major amendments require Hearing Examiner recommendation and subsequent City Council approval. The Planning Director has determined the current request constitutes a minor amendment and therefore does not require review and approval by the Hearing Examiner and City Council. 5. The Belara apartments, built on the upland bench adjacent to the current proposal, consists of 423 units. The project is still under construction and should be completed by mid -2006. The number of units within this project is substantially less than the 625 multifamily units addressed in the EIS. One of the alternatives examined in the FEIS included developing the entire site with 763 multifamily units, which is also substantially more units than exist within the current apartment project and this planned townhome community. 6. As noted, the TV zone references the C-3 zone district for permitted uses and development standards. The C-3 zone does not have a minimum lot size, minimum lot width or depth, nor lot coverage limitations. There is reference to allowing apartments, "provided that 1200 sq. ft. of lot area is provided for each dwelling unit." The zone does require a 20 ft front yard setback and a 15 ft. street side yard setback. 7. The applicant's intend the site to be developed with common wall townhouses of up to four units in a structure. Each unit will be located on an individual lot, meaning for interior units, there will be a zero (0) ft. side yard setback. The smallest lot will be 1518 sq. ft. The applicants have submitted an example of how the site might be developed with units (Exhibit 5, note this was submitted prior to final revisions). Overall density of the project is approx. 9.5 units per acre. 8. The site will be served by public streets, with one point of access onto Terrace View Dr. SE (Minor Arterial) and one point of access onto East Valley Highway (Principal Arterial). Both interior plat streets access points onto these streets would be unsignalized. City engineering staff had concerns of the potential of "cut -through" traffic from west -bound traffic if there are substantial delays at the signalized intersection of Terrace View Drive and East Valley Highway. In order to mitigate this potential impact, the applicant has agreed to install a minimum of two "speed tables" on both plat Roads A & B (see letter of December 22, 2005 from Lou Larsen, Pacific Engineering, Exhibit 6). 9. Approx. 2.5 years ago, the applicant conveyed to the City of Auburn a parcel of land and appurtenant easements within the proposed subdivision for use as a water booster pump station to serve additional development to the east within and east of Lakeland Hills. This property was Page 3 of 6 Agenda Subject: PLT05-0003 Date: 2/15/2006 purchased from the applicant several years ago and has yet to be developed. The applicant intends to relocate the pump station site to the south (Tract "D") and dedicate that land to the City in return for the City relinquishing its ownership rights in the current pump station site. Staff is recommending this be accomplished prior to final plat approval. The pump station will need to include provisions for increased visual screening, noise attenuation, security and access, since the station will now be located within a residential as opposed to commercial area. 10. Sanitary sewer service will be provided for this project by connecting to the existing sewer just north of the sanitary sewer pump station located in "Tract J." The applicant previously constructed this station and will be making modification to the pump station site as part of this project. The intent of these modifications is to provide increased screening, security and address noise attenuation and access, as the station will now be located within a residential as opposed to commercial area. 11. Stormwaters will be collected on—site and then directed to a regional stormwater pond known as the "Trillium pond" located on the west side of East Valley Highway. 12. Staff had previously determined that a modification to plat standards would be necessary for a short section of the proposed 12% road grade entering the site from East Valley Highway. However, the applicants' attorney points out that under the pre -annexation agreement with the City, development of the Terrace View properties would occur under the standards in existence at the time of the agreement (2001). At that time, 12% was an acceptable road grade that did not require a modification; therefore, staff has agreed a modification request is not necessary. 13. The site abuts a wetland and associated buffer to the north (Tract A). Analysis and mitigation for this wetland was begun under Pierce County jurisdiction and finalized by the County. In June 2005, the wetland mitigation and monitoring period was considered to be complete and Pierce County released the monitoring bond. See attached letter from Mary J. Urback, attorney representing the applicants, confirming this action (Exhibit 8). 14. Although the project includes a number of tracts, it does not include any set aside for recreational purposes. It appears that Tracts B, F, G & H will be landscaped areas to be owned by a future homeowners' association. Auburn City Code 17.12.260 (Land Division Ordinance) requires that a plat of 50 or more residential units to dedicate land for park purposes at the rate of 6.03 acres of park land for each 1000 residents. However, under the terms of the Terrace View pre -annexation agreement, the City accepted that future development would pay a park impact fee of $720 per multifamily unit or donate land. The Belara apartments paid a park impact fee and given the small size of this site, payment of the fee in lieu of a dedication of land would be appropriate in this instance. 15. This site is located within the Dieringer School District. The City of Auburn has recently adopted a school impact fee for the district, which will be due and payable at the time of building permit application. The 2006 impact fee rate is $3500 for single family units and $739 for multifamily units. For the purposes of the school impact fee, staff would consider these to be single family units. 16. The internal street network of the plat will include sidewalks on both sides of the streets, which will provide a safe route for any school children to walk to school bus stops. At the time of writing this report, staff is not aware of the potential location of any school bus stops. CONCLUSIONS In order for the Hearing Examiner to recommend approval of a proposed preliminary plat, he/she must find that the following criteria have been met: Page 4 of 6 Agenda Subiect: PLT05-0003 Date: 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. Adequate provisions have been or can be provided to serve the plat. The site includes sites for both a sanitary sewer pump station and a future water booster pump station and will connect to both City utilities. The project will include public streets built to city standards. Payment of a school impact fee will be required at the time of building permit application. Payment of a park impact fee per the annexation agreement should be required prior to final plat approval. 2. Conformance of the proposed subdivision to the general purposes of the Comprehensive Plan. Goal 2 of the Comprehensive Plan encourages flexibility in the development process: "To provide predictability in the regulation of land use and development, especially where residential uses are affected, but to also provide flexibility for development through performance standards that allow development to occur while still protecting and enhancing natural resources, cultural resources and critical lands and in overall compliance with this Comprehensive Plan." (page 1-21). The proposed plat is unique in offering individual unit and lot ownership in an attached townhouse development pattern; it could thus appeal to a particular sector of the housing marketplace. It also continues protection of an identified wetland (Tract A). 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. If conditioned to require payment of a park impact fee in conformance with the pre—annexation agreement, the proposal can be considered to be consistent with the Parks and Recreation Plan and the agreement. Provision of the sanitary sewer pump station and a site for a future water booster pump station is consistent with the City's Sanitary Sewer and Water Utilities Plans. 4. Conformance of the proposed subdivision to the general purposes of the Land Division Ordinance as enumerated in ACC Section 17.02.030. The plat is consistent with the broad purpose statements of the Land Division Ordinance as enumerated in ACC Section 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. The plat has been or is capable of being designed in accordance with applicable City standards including the City's Design and Construction Manual. Staff finds that adequate provisions for on—site parking have been made and the project also provides an additional seven (7) angled parking stalls for overflow parking/visitors. 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. Development of this property as proposed is consistent with the Environmental Impact Statement prepared for the Terrace View Properties. Staff has recommended specific conditions of approval which should mitigate any potential adverse impacts. RECOMMENDATION: Page 5 of 6 Agenda Subject: PLT05-0003 Date: Based on the Facts, Findings and Conclusions of the staff report, staff recommends that the Hearing Examiner recommend to the City Council approval of the Preliminary Plat, with the following conditions: 1. Prior to final plat approval, the applicant shall provide the City of Auburn with fee simple title to the proposed Water Booster Pump Station Tract "D" and the City shall release its interest in the existing water booster pump station tract and any appurtenant easements. On the face of the final plat, the applicant shall dedicate to the City of Auburn for a sanitary sewer pump station that area shown as Tract "J" on the preliminary plat. 2. Prior to final plat approval, the applicant shall relocate the "clean" stormwater line from the Belara Apartments in order to provide a 10 ft. separation from the proposed water booster pump station building. The applicant shall also dedicate water utility easements as necessary to connect the booster pump station and appurtenant facilities to the City water system. All plans and easement revisions shall be approved by the City Engineer. 3. Tracts "D" and "J" shall be designed in substantial conformance with the conceptual "Planting Plan" prepared by Johnson Braund Design Group and received by the City on December 22, 2005. Landscaping shall either be installed or future installation secured through a performance bond prior to final plat approval. Responsibility for maintaining landscaping outside any fenced areas shall be provided by the future Homeowners' Association. 4. Prior to final plat approval, the applicant shall conduct decibel readings for the sanitary sewer pump station generator to determine the need to address sound attenuation. If necessary, mitigation measures shall be implemented as directed by the City Engineer. 5. All streets within the plat shall be designed to local residential street standards and dedicated to the public, provided that the City Engineer may entertain a deviation request to allow for angled parking stalls within the project. 6. A minimum of two traffic calming devices each shall be installed on each internal plat road (Road A and Road B) prior to final plat approval. The exact type and location of calming devices shall be as approved by the City Engineer. 7. Proposed Conditions, Covenants and Restrictions (CC&Rs) for the future Homeowners' Association shall be submitted for review and approval by staff prior to final plat approval. This document shall specify the financial means of maintenance of all common open spaces. 8. Tract "A" shall be maintained as a wetland and buffer pursuant to the mitigation plan previously approved by Pierce County. 9. Prior to issuance of building permits, the developer shall pay a park impact mitigation fee of either $720 per lotlunit or whatever fee may be in effect at the time. 10. On -street "visitor" parking shall be provided adjacent to Tracts "F" and "H" in a manner approved by the City Engineer. 11. In order to restrict access onto East Valley Highway to right-in/right-out only, the applicant shall install C -curbing on East Valley Highway as directed by the City Engineer. 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. Page 6 of 6 y JRN, WA VICINITY MAP kA FLY KINGCOUNT Ku+cTr PICWEIIINTY 21 <I Z9 `I AUBURN W i icy W.i S _ -PIETm.;f 8TH ST E SITE F PIERCE COUNTY EXHIBIT 2 iJ PRELIMINARY PLAT APPLICATION PROPERTY OWNER'S NAME APPLICATION NUMBER Sec. Twp. Rng. Area Code Zone Existing Scheduled HearingPd Date Received 10-f (� Staff Project Coordinator. .................................................................................................................................................................... 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: _7 Ele a- LE V I EK% TDWAJ H o/rt E 5 Total area of subdivision: Acres: 5. 5 S Sq. Ft: a 56, 13a -SO Total number of lots: Total number of dwelling units: 5 % Proposed zoning: TEKkAGE VIEW ZOn/E Existing zoning: TE -A -"L -C— /ICW Zar~lE Proposed land use: ZEA—'0 L—° T L/n/E PLAN Fb/L -rowJ y OUSE Minimum size of lot as ft. Minimum lot width as shown on plat o2 O feet Minimum lot depth as shown on plat. 70 feet Proposed source of domestic water supply: G T y OF q UAy.2n% Proposed sewage disposal system: GIT 7 Oe'— Ay,q2nl EXHIBIT 3 Preliminary Plat Page 4 of 6 Rev MR= 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) 0saoabaDyB TOA/CHEETffAM TEk"6j5r VIEW pQ0PC1-77VT1 PO BDA 5AI30 _KFNr, w� 98oby DESIGNATED CONTACT PERSON: Nance: LPO t-AP—SE/\% �+ Address: D S0 L/i✓y AVE iAl City: 2 eNToN, WA 9Bo 55 Phone: .25/-60/1 Preliminary Plat P Revved 1,nam age 5 of 6 LEGAL DESCRIPTION OF PROPERTY NORTH BENCH A POR77ON OF GOVERNMENT LOT 5 OF SEC71ON 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 6; THENCE ALONG THE WEST LINE OF SAID SECTION 6, NO31'150E 1321.65 FEET; THENCE ALONG THE NORTH UNE OF SAID GOVERNMENT LOT 5 S8857320E 624.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE SIIW'59" W655.35 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF LAKE TAPPS PARKWAY EAST NORTH ACCESS RAMP AS CONVEYED TO PIERCE COUNTY UNDER AF ,200102230699; THENCE FOLLOWING SAID NORTH RIGHT OF WAY LINE IN A GENERAL WESTERLY DIREC71ON TO THE EAST RIGHT OF WAY LINE OF EAST VALLEY HIGHWAY EAST AS CONVEYED TO PIERCE COUNTY UNDER AF 1200102230699, THENCE FOLLOWING SAID EAST RIGHT OF WAY LINE IN A GENERAL NORTHERLY DIRECTION TO THE NORTH UNE OF SAID GOVERNMENT LOT 5; THENCE ALONG SAID NORTHLINE S885732"E 498.91 FEET TO THE TRUE POINT OF BEGINNING. (BEING PARCEL B OF BOUNDARY UNE ADJUSTMENT RECORDED UNDER RECORDING NUMER 200103295016). LESS THAT LAND DEEDED TO THE CITY OF AUBURN UNDER PIERCE COUNTY AUDITOR'S FILE NO. 2003052111904. SITUATE IN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON. FEE PAYMENT: $1,038.00 and $53.00 per lot plus $727.00 for Environmental Checklist T.R. P DATE RECEIVED: CASHIER'S INITIALS: Preliminary Plat Page 6 of 6 ne.ea vf,=5 _Preliminary Plat of Terrace View Townbomes Project Narrative Introduction: The Preliminary Plat of Terrace View Townhomes is a proposed 59 -lot fee -simple attached residential development located on what has been formally referred to as the `North Commercial Bench" of the Terrace View properties located just north of Lake Tapps Parkway (SE 8h Street) on the east side of East Valley Highway. The site (Tax Lot # 0520062048) is approx. 5.88 acres in size. To the east of the site is Terrace View Apartments (currently under construction) and Lakeland South (a large single / multi- family community). To the north is the Rodarte site (a construction business). To the south is a vacant lot known as the Terrace View South Commercial Bench. To the west is the Trillium pond site and undeveloped land. Anticipated land use applications include Preliminary Plat, grading permit (currently in process at the city), plat infrastructure permits, right-of-way use and individual building permits. The site is part of the Terrace View Zoning District and is owned by the applicant (Lakeridge Paving). This site is part of the original Terrace View Park project that was subject to an Environmental Impact Statement (DEIS, Pierce County, October 1995 and FEIS, Pierce County, May 1997, and Addendum to FEIS, September 1999). The plans that were part of that EIS proposed a 71,600 SF shopping center on this site. That has been revised to the current 59 lots proposed in this application. The site is currently vacant. The existing topography slopes up from the sidewalk along East Valley Highway, then flattens out over the majority of the site. There are no significant trees located on the site. There is an existing slope easement along the west and south boundary of the site, a storm drainage easement along the south side of the site, and a wetland tract on the north side of the site. There is currently an application in at the city for a separate grading permit to install rockeries shown on these preliminary plat plans and perform some mass grading of the site. It is anticipated that with construction of the rockeries, and with East Valley Highway now being at its ultimate width, the applicant will want to vacate that slope easement as it will no longer be necessary. There is also a verbal agreement and on-going discussions between the applicant and PSE to establish a 10 -foot power easement along the west and south sides of the property. Meetings with Marilynn Danby of PSE indicate that PSE is ok with rockeries in the easement as long as they can access their existing poles and overhead lines. A sanitary sewer pump station is located along East Valley Highway near the west corner of the site and a water booster pump station (design by city of Auburn) is proposed near the southeast corner of the site. Entrances have already been established for the site, one off of Terrace View Lane on the south side of the property, the other off of East Valley Highway near the northwest corner P:\Project Films 05076 Terrace View Townha \Pre -Plat Project )jlarrative.doc Preliminary Plat of Terrace View Townhomes Project Narrative of the property. There are already curb gutter and sidewalk improvements along the site frontages to East Valley Highway and Terrace View Lane. Gas and power have been stubbed to the site near the southeast comer as part of the work performed for the Terrace View Apartment project. The proposal is to subdivide the parcel through the platting process into approximately 59 single-family lots for development into townhouse -style residences. A public right-of- way will be provided for curb / gutter / sidewalk and roadway improvements as required. Major utilities (sanitary sewer, water, storm drainage) along with franchised utilities (power, gas, telephone and cable T.V.), will be extended into the site as necessary to serve this development. Storm drainage will be connected to the existing storm drainage infrastructure in East Valley Highway, which drains to the Trillium Pond for detention and water quality treatment. Trillium Pond was design for inclusion of this site as a developed piece of property. Any utility lines across lots/private property will be within easements. It is anticipated that during construction, a mobile job shack will be located somewhere on the site. Grading for the individual lots will involve creating level pads for townhouse construction. Based on existing grades, we anticipate a near cut / fill balance with some hauling off of unsuitable material as encountered. Any fill will be imported structural fill and/or engineer -approved native material. This is being reviewed as part of the grading permit now in process at the city. Offsite improvements associated with this site are anticipated to be minor (potential sidewalk, curb/gutter repair for utility connections). PAProject Files105076 Terrace View Townhom Tre-Plat Project 2wrative doc heffron trans ortatr—o r---. MEMORANDUM Date: October 4, 2005 To: Jon Cheetham, Lakeridge Paving Company Mary Urback Lou Larsen, Pacific Engineering Design, Inc. From: Mami C. Heffron, P.E., P.T.O.Ee Subject: Terrace View Park Revised Site Plan and Effect on Proposed Transportation Mitigation The proposed Terrace View Park project has been substantially downsized since the traffic impact analysis was performed for the Environmental Impact Statement (DEIS, Pierce County, October. 1995; FEIS, Pierce County, May 1997; and Addendum to FEIS, September 1999). The analysis performed in those documents assumed a 71,600 square foot (st) shopping center and 692 mufti - family units. Under the most recent proposal for Terrace View Park (September 2005), the commercial development on the north bench would be replaced with up to 59 town homes_ Approximately 25,000 sf of retail space could be developed on the south bench. Development of the upper terraces is underway, and 430 apartments are being constructed. Table 1 summarizes the prior and current site development proposals. Table 1. Terrace View Park — Prior and Current Development Proposals Land Use Prior Proposal Current Proposal Aparhents 692 units 430 units -262 units Townfames 0 units 59 units +59 units Son m' Terrace View Emaonmerdallmpact Statement (D8SPbw Cow,Iy p 19844. FEts Pwce Camdy, M* 1997,, sndAddendrmto Final EIS, SePtember 1999 6 Terrace U/ewProperbx LW*d LFabilly Company, September2095. skii = sgwe ted of9 m leasaM area. The project size reduction would also substantially reduce the number of trips that the project would generate. Table 2 summarizes the trip generation from the Draft EIS (Table 10), and compares it to the trip generation for the current (September 2005) proposal. The trip generation for the revised 6544 NE 61st Street, Seattle, WA 98115 Phone: (206) 523-3939 Fax (206) 5234949 Terrace View Park Revised Site Plan and Effect on Proposed Transportation Mitigation October 4, 2005 Page 2 of 2 on • ttron transportation ins proposal was determined using the trip generation rate information in the latest edition of the Institute of Transportation Engineers' (ITE) Trip Generation (7th Edition, 2003). This comparison shows that the downsized project would generate less than 60% of the trips evaluated for the Draft and Final EIS. Table 2. Terrace View Trip Generation Summary — Prior and Current Project Proposals Evaluated in Draft and Final EISt Current Project Proposap PM Peak Four PIA Peak Hour Land Use Size Dai In Out Total Size Daly In Out Total Shopphv Center 71,600 sf 25 000 sf New Trips (25%)3 1,440 66 66 132 690 26 36 62 Pass -By raps (45%)' 2,560 119 119 236 1,240 56 56 112 Diverted Trips (30%) 3 1,720 80 80 160 630 38 38 76 Total 5,740 265 265 530 2,760 120 130 250 Apartments 692 units 430 units New Trips (100%) 4,480 299 141 440 2,890 173 94 267 Tom homes 0 units 59 anis New Trips (100%) 0 0 0 0 350 20 11 31 Total Trip GeneraSon New Trips 5,920 365 207 572 3,930 219 141 360 Pass -By Trips 2,580 119 119 236 1,240 56 56 112 Diverted trips 1,720 80 80 160 830 38 38 76 Total 10,220 564 406 970 6,000 313 235 548 1 TnP gwwa6on krAwmsfYeveh*dproposalm Palen tim Tabule 10of6e Terrace vl- Park, DreBEnwomerlarkpad Statement (Pima County, odo6er 1095). 2 TRP generation krreviaedproposaldderm W uskg eMmhorrs and raisin Bre hrstruk ofTranXdatm EngoewPTE) Trip Generabon, (M). EquA= krSboppkg Cen&r (land Use Cade 820), res krAparbnent, (Land Use Code 220), andrates kr T7dmw ow ILa3d Use Code 230) were used. 3 Pass -by, domed, ad new -4 Pemut m fion Ore MS 8 FE1S aere awW to the mew kip esbina m Themitigation requirements for the Terrace View Park project were set forth in the City of Auburn's Annexation Agreement (Petition for Annexation, Annexation Agreement and Declaration of Covenant ['Pre Annexation Agreement ], executed on April 18, 2000 and recorded under Pierce County Auditor's File No. 200004280030). Terrace View Park has already satisfied all of the mitigation requirements set forth in the Pre -Annexation Agreement, which included frontage improvements along East Valley Highway, construction of the North Access Ramp, and monetary payment toward signalization at the intersection of East Valley Highway and Lakeland Hills Way. Since the currently proposed project would generate much less traffic than the prior proposal, no further mitigation would be required. MCH/mch o PACIFIC ENGINEERING DESIGN , LLC CIVIL ENGINEERING AND PLANNING CONSULTANTS December 22, 2005 Mr. Steve Pilcher Development Services Coordinator City of Auburn 25 West Main Street Auburn, WA 980014998 RE: Terrace View Townhomes, PLT05-003 Dear Steve: RECEIVED DEC 2 2 2005 PLANNING DEPARTMENT Project No.: 05076 To summarize the past two weeks, on Thursday December 8, 2005, the City of Auburn requested a meeting with the applicant to review the Terrace View Townhomes preliminary plat application. On Friday, December 9, 2005, members of Auburn's Planning and Public Works staff met with Pacific Engineering and the applicant to discuss the Terrace View Townhomes preliminary plat. A number of issues were discussed at that meeting: including visitor parking, traffic calming, sight distance, the water booster .parcel and the sanitary sewer pump parcel. Based on input from that meeting, additional information was incorporated into the application. City staff members, Pacific Engineering and the applicant met on Friday, December 16, 2005 and Monday, December 19, 2005 to review and discuss these additions/revisions and to work out any final adjustments to the application prior to resubmitting. As of today, we have incorporated all additions/revisions discussed at the three above-mentioned meetings and are resubmitting revised plans and additional information for the Terrace View Townhomes preliminary plat. Those revisions/additions include: 1. Interior "Visitor" Parking Stalls. It was brought up by Public Works at the December 0 meeting that staff had some concern that the number of visitor stalls being shown might obstruct driver sight lines at the two interior plat intersections. There was some discussion about angling the visitor stalls to provide easier exiting onto the public roadway and also reducing the total number of visitor stalls at each location. These visitor stalls were added to the plans as an amenity based on earlier discussions with planning and are not needed to meet parking count requirements. Per the request by Public Works, the plans have been revised to show fewer stalls in order to provide better sight lines and those stalls have been angled to ease re-entry motions into the public street. 2. Plat Access. It was discussed at the December 9"' meeting that City Staff supports allowing the plat access from Ten -ace View Drive to be used as a full entrancelegress and restricting plat access at East Valley Highway to Right- in/Right-out. It is our understanding that this will require the addition of C - EXHIBIT 6 GREG A. DIENER P.E. w .paceng.com 4180 LIND AVE SW, RENTON, WASHINGTON 913055 FAX 425 251 -8880 PHONE 425 251 -BBI 1 Mr. Steve Pilcher Terrace View Townhomes 2 December22,2005 PED #05076 curbing along the centerline of East Valley Highway in front of this entrance to prohibit left turning movements in or out of the plat. The applicant supports this decision. Planning Staff has indicated that this will be added as a condition of approval of the preliminary plat and details for the curb placement shall be worked out as part of the engineering plans for the plat infrastructure. At the direction of City Planning Staff, nothing has been shown on the preliminary plat plans concerning the addition of C -curbing in East Valley Highway. 3. Speed Tables. It was discussed at the meeting on December 19th between the applicant's traffic consultant and City Staff that traffic calming devices should be provided within the plat to discourage "cut -through" traffic. After a number of options were discussed, it was determined that "speed tables" would be the best engineered solution for this project. These speed tables will be employed at a minimum of 2 locations per route through the plat to slow down and discourage any cut -through traffic. While not shown on any plans at this time, it was discussed that staff would include this as a condition of preliminary plat approval and we will show them on the engineering plans for the plat inf wtructure. 4. Water Booster Station. The water booster station parcel has been revised per on- going discussions and review held at all 3 meetings. The parking stalls originally shown in front of this parcel have been removed and the building has been rotated 90 degrees so that the long axis faces the roadway with a 20 -foot setback from the north parcel line. This change to the anticipated building affects the "clean" stormwater line from Terrace View Apartments which passes through the south end of the property in a 15 -foot private easement. A portion of this stormwater line will need to be relocated south into the existing right-of-way and the easement will need to be revised in order to provide a 10 -foot separation from the building to the utility per Public Works. City Staff indicated that they would be acceptable to turning the portion of the clean stormwater system currently on the Terrace View Townhouse property (that portion west of Terrace View Apartments) and that portion to be relocated into the right-of-way into a public system. In this regard as discussed with Dennis Selle, the applicant's land -use attorney will be proposing a condition of preliminary plat approval to address this relocation of the "clean" stormwater line. An illustrative sheet is now included in the preliminary plat package outlining the scope of this work. Because the water booster station parcel will be a tract in the plat and the south boundary of the plat cannot extend into the right-of-way as the applicant does not own the right-of-way, the applicant's land use attorney and City Attorney agreed that the south edge of the tract in the plat would be co -existent with the north boundary of the right-of-way. Based on that input, we are currently proposing to provide legal descriptions; one for the parcel located within the plat, and one for that portion of the clean water storm line easement within the existing right-of- way that could become the south end of the booster station "parcel". In consultation with the City Attorney, the applicant's land -use attorney will be preparing a proposed condition of approval and findings of fact to document the 05076 Terrace View Townhomes P.,Wioject Files105076 Terrace View TownhomestResponse to COA Review 2005-11-16tResubmittal Leiter 12-22-05.AIJU Revisions. doe -2- Mr. Steve Pilcher 3 December 22, 2005 Terrace View Townhomes PED #05076 release of the existing parcel of land owned by the City for the water booster Pump station and the relocation of the pump station. 5. Sanitary Sewer Pump Station. Some minor changes have been added to the sanitary sewer pump station based on discussions with City Staff. Instead of simply relocating the main drive -tiro gate, the existing gate facing north will remain and a second gate will be added on the east side of the fence. Likewise, the double parking stall that was shown on the east side of the station has been revised to provide a tum -a -round capability as requested by public works. At the request of Public Works, the concept plan now shows all above -ground appurtenances associated with the pump station pad within the existing fence. While initially discussed at the fust meeting, a request to provide decibel readings for the generator will be added as a condition of preliminary plat approval per Public Works. These tests will be performed following preliminary plat approval. Any need to address sound attenuation following these tests will be discussed during preparation of the engineering plans for plat infrastructure. 6. Conceptual Landscape Plans. Public Works requested that a more complete concept landscape plan be provided for the sanitary sewer pump station parcel. Pacific Engineering did show and call out some screening landscaping around the pump station in the previous submittal. At the meeting on December 9th, Public Works requested that a more detailed plan be put together, in color, by a registered landscape architect. It makes intuitive sense to us that since we are now going to this level of detail on the sewer pump station parcel, we ought to include the same conceptual landscaping plan for the water booster station parcel as well. Included in this resubmittal are colored conceptual landscape plans prepared by a registered landscape architect for the two tracts. 7. 12% Road Grade. Following our meeting on December 9a', City Staff determined that a plat modification, not a variation from standards, would be required for the portion of roadway coming into the plat from East Valley Highway at 12%, however it has come to our attention through the applicant's land -use attorney that under the pre -annexation agreement between the city and Terrace View, that all pre-existing applications and approvals are required to be accepted by the city as established by the pre -annexation agreement. The 12% grade into the site currently depicted on the preliminary plat was part of an application approval in Pierce County, which under the pre -annexation agreement, is required to be accepted by the city. As such, Terrace View's position is that a plat modification is not required. As an alternative, while this is under review, Terrane View, in order to have a complete resubmittal has included a plat modification request. 8. Sight Distance. City Staff requested exhibits analyzing lines of sight for cars exiting the plat onto East Valley Highway and Terrace View Drive. Those exhibits were reviewed during the December 19th meeting and modified 05076 Terrace View Townhomes P: (Project FileS105076 Terrace View TownhomestResponse to COA Review 2005-11-161Resubmittal Letter. 12-22-05.MJU Revisions. doc _ 3 _ Mr. Steve Pilcher 4 December 22, 2005 Terrace View Townhomes PED #05076 I according to verbal comments from the City Traffic Engineers present at that meeting. Final versions of those exhibits are included as part of this resubmittal. If you have any questions, please contact me at (425) 251-8811 or via email at llarsen@paceng.com. Sincerely, F fn ERING DESIGN, LLC. Project Manager cc: Jon Cheetham Mary Urback Enclosure (s): Revised Plans Plat Modification Letter Landscaping Exhibits 05076 Terrace View Townhomes P: (Project Files105076 Terrace View TownhomeslResponse io COA Review 2005-11-161Resubmittal Letter 12-22-05.MJU Revisions. doc q _ o PACIFIC ENGINEERING DESIGN, LLC o CIVIL ENGINEERING AND PLANNING CONSULTANTS November 22, 2005 Mr. Steve Pilcher Development Services Coordinator City ofAuburn 25 West Main Street Auburn, WA 98001-4998 RE: Terrace View Townhomes, PLT05-003 Project No.: 05076 Dear Steve: We have received your initial review letter dated November 8, 2005, for the above referenced projecL The following are our responses to the comments outlined in your letter: Sanitary Sewer: JeffRoscoe 253-941-4008 The City currently has issues concerning the pump station as constructed which may impact the configuration of the proposed plat. The site needs to provide access such that a vehicle can safely pull out of the roadway. RESPONSE: A single tandem parking stall will be provided to the east of the station. See the conceptual plan for the sanitary sewer lift station tract included in this resubmittal Security issues exist with having a rockery higher than the fenced -in area adjacent to the lift station. The location of this rockery presents a potential for individuals to discard trash and rocks into the fenced -in pump station area. There are also safety concerns with the existing and proposed rockery locations. RESPONSE: The rockery will be pulled back away from the existing fence. See the conceptual plan for the sanitary sewer lift station tract included in this resubmittal. EXHIBIT 7 GREG A. DIENER P.E. www-paceng.com 41 BO LIND AVE SW, RENTON, WASHINGTON 98055 FAX 425 251 -BB80 PHONE 425 251 -881 1 Mr. Steve Pilcher 2 November 22, 2005 Terrace View Townhomes PED #05076 The possibility exists that the City may require relaying the gravity sewer system through the development if the variable speed drive motors do not adequately solve the problems associated with the lack ofstorage in the pump station wet well. RESPONSE: A letter received from Duane Husky at the City of Auburn subsequent to the writing of the comment above indicates that the city will accept the station with the addition of a catwalk inside the wetwell and the use of Rubicon VFD's. Coordination is currently underway to provide the city with information on both these items. A conceptual layout for the pump station site is needed that details the station facilities, - preliminary grading, area for on-site parking, landscape buffers for the planned residential community, and noise and odor mitigation measures. RESPONSE: See the conceptual plan for the sanitary sewer lift station tract included in this resubmittal. This plan provides information concerning grading, parking and landscape buffers. Noise mitigation will be provided by the double set of fences and the proposed landscaping. Odor control has been provided with the addition of the biozide drip system already installed. A separate tract needs to be provided for the pump station; sized to accommodate the concerns raised above. RESPONSE: See the conceptual plan for the sanitary sewer lift station tract included in this resubmittal. The PP02 sheet shows the pump station is located in a slope easement. Please provide conditions and restrictions related to this easement or have the easement vacated in the vicinity of the pump station. RESPONSE: This slope easement belongs to the city of Auburn and was recorded under 200102230699. A copy of that easement is included with this resubmittal. Mr. Steve Pilcher 3 November 22, 2005 Terrace View Townhomes PED #05076 Water, 1im Osborne, 253-804-5061 A conceptual utility layout for the future booster pump station site is needed that details the pump station facilities, preliminary grading, on-site parking, landscape buffers for the planned residential community, and noise mitigation. (note: provision of elevation plans for the proposed townhomes may be helpful when considering architectural features for the booster pump station. RESPONSE: See the conceptual plan for the water booster station tract included in this resubmittal. The City -owned parcel in the vicinity of Lots 21 & 22 should be shown on the face of the preliminary plat unless the conveyance of the property is achieved prior to plat approval. RESPONSE: The existing parcel has been added along with a note for relocation of the parcel as part of the preliminary plat process. A conceptual water plan is needed that shows all the existingfacilities as constructed and the mechanism for transferring water from the Lakeland Hills 635 pressure zone to the Valley pressure zone. RESPONSE: See the conceptual plan for the water booster station tract included in this resubmittal. Traffic. Joe Welsh, 253-804-5050 Horizontal centerline radii for Roads A & B do not meet city standards. A deviation request and/or a redesign is required (See Design Standards Section 10-02 Table 10.02.1). Any deviation request shall be accompanied by a driveway plan showing structures, driveway and sight distance triangles to ensure that by reducing the horizontal centerline radius, structures would not create sight distance problems. RESPONSE: Due to the size of the site, a deviation from standards will be required to provide the loop road currently proposed. Once a final site plan is available that meets all the sight distance requirements noted above, the applicant will file the deviation request with the city. Mr. Steve Pilcher 4 November 22, 2005 Terrace View Townhomes PED #05076 All roads grades must be 6016 or less; a deviation request and/or redesign will be required for any greater slope. RESPONSE: A deviation from standards will be required for a short portion of the entry road from East Valley Highway. This entry will not exceed 12%. Roads shall be designed and constructed to public, local residential street standards, (see Construction Standards Detail Traffic 32) except that landscape strips on both sides of the street shall be placed adjacent to the travelway. Right-of-way generally appears to be sufficient, except at the Road B approach to East Valley Highway, where the r. o. w. is shown as 40 feet. This would require a Plat modification. RESPONSE: The interior plat road will be designed to meet C.O.A. Standard Detail Traffic 32 with sidewalks at the back of the 50 -foot proposed right-of-way. Landscape strips are proposed between the sidewalk and back of curb. Road B approach was shown incorrectly, it has been revised to 50 feet. The intersections of Road A and Terrace View Lane and Road B and East Valley Highway must meet City standards. Per Table 10-3, Section 10.04.3, it appears the minimum landing approach length of 30 feet is met. However, it is not possible to determine if the landing approach grade is not exceeding the 3% maximum. The intersection of Road B and East Valley Highway shall have a ROW intersection radii of 22 feet; this is not identified on the submitted plat drawings. RESPONSE: Preliminary grading has been designed to provide a minimum landing of 30 feet at 3%. This will be detailed at the construction document phase of the project. Intersection radii of 22 feet are now shown at the intersections to East Valley Highway and Terrace View Drive SE. The intersection of Road A and Terrace View Lane shall be designed as an intersection, not as a driveway as shown. This would require the creation and dedication of 22 ft ROW radii. RESPONSE: Intersection radii of 22 feet are now shown at the intersections to East Valley Highway and Terrace View Drive SE. Vertical and horizontal sight distance triangles shall be shown at the intersection of Road B and East Valley Highway and Road A and Terrace View Lane. RESPONSE: A Plan and profile sheet showing sight distance for both these intersections is being completed and will be submitted the week of November 28th. Mr. Steve Pilcher 5 November 22, 2005 Terrace View Townhomes PED #05076 The intersection of Road A and Road B needs to be redesigned to meet City standards for angle of approach RESPONSE: This intersection has been redesigned. See revised plat plans. A significant concern in the plat's design is the potential for cut — through traffic to occur. Staff is recommending that the intersection of Road A and Terrace View Lane be designed as a half -street street closure, permitting no entering traffic and only allowing traffic to exitfrom the development. RESPONSE: We will defer discussion of this matter to the preliminary plat hearing to be addressed by the applicant or the applicant's traffic engineer. The plat plans currently show a 50 -foot right-of-way and 28 -foot roadway at this intersection. The applicant spent a great deal of time and effort with Pierce County to establish this entrance point from Terrace View Drive. As such, there is a great deal of real value tied tothisentrance and the applicant is not willing to give up or restrict access easily. The applicant is open to discussions of various traffic calming methods as a means of helping to deter any potential cut-thru traffic. Planning, Steve Pilcher, 253-804-3111 Thank you for providing a lot layout, showing unit types, off-street parking, driveway approaches, etc. However, this layout appears different that that shown on the submitted plat drawings (i.e., only 16 lots in the middle "island," as opposed to 19 lots shown on the plat). This discrepancy will need to be corrected prior to proceeding to public hearing. RESPONSE: The plat layout has been revised to match the new building layout plan. See copies of both included in this resubmittal. The following items are raised for your information, but due not need to be addressed prior to the preliminary plat hearing: Stormwater, Monty Bakken, 253-804-5073 On sheet PP02, the 10 ft. rockery appears to be within 10 feet of a storm line that is shown as being 6 to 10 feet deep. During civil plan review, provide a geotechnical analysis to address impacts and include an analysis of the potential for wall failure if excavation of the adjacent storm trench becomes necessary. RESPONSE: As part of our plat redesign with proposed buildings, the majority of this rockery adjacent to the existing storm drainage easement has been removed Mr. Steve Pilcher 6 November 22, 2005 Terrace View Townhotnes PED #05076 Fire, Dave Smith, 253-288-7417 Local residential access streets are required to be a minimum of 28 feet between the curbs; parking is allowed on one side of the street only. "No Parking This Side" signs, in accordance with City of Auburn standard details, shall be installed prior to occupancy of any structures on the site. Failure to provide these signs will result in the street being declared a Fire Lane, and additional signs and painting will be required to meet Auburn City Code 10.36.075, Fire Lanes marking. RESPONSE: Noted. The maximum distance between hydrants shall be 600 feet, measured as the fire vehicles lay its hose. This puts any house in the area within 300 feet of a fire hydrant. RESPONSE: All structures are within 300 feet of proposed hydrants. If you have any questions, please contact me at (425) 251-8811 or via email at liarsen@paceng.com. Sincerely, PA C INEERING DESIGN, LLC. u E. n Principal cc: Jon Cheetham Mary Urback MARY J. URBACK PLLC AMI M W TE EPHoxE: 12417 12TH STREET EAST FACSIMILE: (253) 826-9504 ENZWOoo, WASHINGTON 98372-1454 (253)863-0225 E-Mmu mutback0cwthlink.nct June1, 2005 VIA FACSEWU AND Carla Vincent Environmental Biologist Pierce County Department of Planning , and Land Services 2401 South 35th Street Tacoma, WA 98409 Re: Terrace View Properties LI.C: Terrace View Park Development — Weftnd Mitwition and MonitoM Dear Carla: This will confirm our telephone conference of Thursday, May 26, 2005. You advised me that you had visited the Terrace View Paris Development site and had determined that Terrace View had satisfied its wetland mitigation and monitoring requirements for both Wetland Tract A and AA in accordance with the Buffer Enhancement Plan of Terrace View Planned Development, Prepared by IFS Associates, revised September 30,1995, and as supplemented by the Planting and Monitoring Report, prepared by Habitat Technologies, Inc., dated January 20, 2003 C the Buffer Mitigation Plan') as identified under the Wetland MemorarKl mm of Agreement recorded under Pierce County Auditor's File No. 200308280471. With completion and fulfillment of the Buffer Mitigation Plan, you indicated that you had instructed Sheri Lockbaum to release Terrace View's monitoring bond. Thank you for your cooperation and assistance on this Development as we worked our way through completion and conclusion of the required mitigation. As always, it has been a pleasure working with you. Very filly yours, MARY J. URBACK PLLC f Z! MluSM M riftk hcvn wL"1115 cc: Terrace View Properties, LLC EXHIBIT 8 CITY OF * . A+fr.J i uR r Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.aubumwa.gov * 253-931-3000 * MEMORANDUM * TO: Interested Parties FROM: Paul Krauss, AICP SEPA Responsible Official Director, Planning and Community Development Department DATE: October 24, 2005 RE: Notice of Addendum to Final Environmental Impact Statement for Terrace View Park Preliminary Plat/Planned Development District Terrace View Townhomes Preliminary Plat and site grading Current File Nos. PLT05-0003, GRA05-0026 Please find enclosed a copy of an addendum to the Final EIS issued for the Referenced Project in compliance with the requirements of WAC -196-11-625. If you have any questions regarding this process or document, please contact Steve Pilcher, Development Services Coordinator, at 253-804-3111 or via e-mail at (sailcher(a�auburni4eq' v). EXHIBIT 9 AUBURN* MORE THAN YOU IMAGINED TERRACE VIEW TOWNHOMES PRELIMINARY PLAT AND SITE GRADING Addendum to Final Environmental Impact Statement ISSUING AGENCY: City of Auburn, Planning, Building and Community Department 25 West Main Auburn, Washington 98001-4998 DATE OF ISSUANCE: October 24, 2005 DESCRIPTION OF CURRENT PROPOSAL: Preliminary Plat approval for "Terrace View Townhomes," a 59 lot, attached single-family residential subdivision of an approx. 6.0 acre site. Preliminary site grading and construction of rock retaining walls for the above site and an adjacent 3.26 acre parcel. The properties in question are part of an earlier approved Planned Development District for a mixed-use commercial development. PROPONENT: Terrace View Properties, LLC LOCATION: There is no street address; the project site for the preliminary plat is located at the northeast corner of Terrace View Lane and East Valley Highway; site grading will occur on both this site and an adjacent parcel located on the southeast corner of the same intersection. REASON FOR ISSUING ADDENDUM: The Terrace View Park Preliminary Plat/Planned Development District FEIS addressed a proposal to construct a mixed-use development consisting of 625 multifamily units and approx. 71,600 sq. ft. of commercial space on an overall 52.6 -acre site. One of the alternatives examined in the FEIS included developing the entire site with 763 multifamily units. The FEIS Addendum was subsequently issued in September 1999 due to finalization of adjacent street improvements; construction of a regional storm drainage system; on-site wetlands mitigation; and adoption of park and school impact fees by Pierce County. Approx. 423 apartment units have been constructed within the eastern (upland) portion of the original Terrace View site. The current proposals have been determined to fall within the scope of the original FEIS. MODIFICATIONS TO FEIS MITIGATION MEASURES: None proposed LEAD AGENCY: City of Auburn RESPONSIBLE IIFFfCTAt Paul M. Krauss, Director of Planning and Community Development CONTACT PERSON: Steve Pilcher, Development Services Coordinator, (253) 804-3111 ORDINANCE NO. 5 3 7 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE THE PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT BETWEEN THE CITY AND THE TERRACE VIEW PROPERTIES, L.L.C. WHEREAS, the Terrace View property is located in Pierce County, Washington, outside the corporate limits of the City of Auburn; and WHEREAS, Terrace View Properties, L.L.C. is seeking various development approvals from Pierce County for the Terrace View property; and WHEREAS, the Terrace View, property is within the Urban Growth Area of the City of Auburn; and Whereas, Terrace View desires to be annexed to the City of Auburn; and WHEREAS, Terrace View has requested that the City of Auburn provide sanitary sewer and water utility service prior to annexation; and WHEREAS, The City of Auburn desires that Terrace View meet Auburn standards in order to best integrate this area with the City of Auburn, and WHEREAS, Terrace View desires to comply with Auburn standards and other agreements herein to successfully market their properties, and WHEREAS, this Agreement is in conformity to the Comprehensive Plan; and ---------------------- Ordinance No. 5373 April 17, 2000 Page 1 EXHIBIT 11 WHEREAS, a public hearing has been held to take public testimony on this Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The Mayor and City Clerk of the City of Auburn, Washington, are hereby, authorized to execute the Petition for Annexation, Annexation Agreement and Declaration of Covenant between the City and THE TERRACE VIEW PROPERTIES, L.L.C.. A copy of the Petition for Annexation, Annexation Agreement and Declaration of Covenant is attached hereto as and. incorporated herein by reference. Section 2. Public Comment on the Ordinance On March 13 and April 10, 2000, a public hearing was held on the Petition for Annexation, Annexation Agreement and Declaration of Covenant and public comment, including comment by Terrace View, was heard in open session at the meeting regarding the passage of this ordinance. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Severability. The provisions of this ordinance and the Petition for Annexation, Annexation Agreement and Declaration of Covenant --------------------- Ordinance No. 5373 April 17, 2000 Page 2 are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance and/or the Petition for Annexation, Annexation Agreement and Declaration of Covenant or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance and/or the Petition for Annexation, Annexation Agreement and Declaration of Covenantor the validity of its application to other persons or circumstances. 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. INTRODUCED: APril 17, 2000 PASSED: April 17, 2000 APPROVED: April 17, 2000 CHARLES A. BOOTH MAYOR ---------------------- Ordinance No. 5373 April 17, 2000 Page 3 ATTEST: Dani E. Daskam, City Clerk APPROVED AS TO FORM: r Michael J. Reynold , City Attorney ------------------- Ordinance No. 5373 April 17, 2000 Page 4 PKPLI CC , W ,04280030 4-28-2CW 08:45 am Fee Pat: $09 WHEN RECORDED RETURN TO: City of Auburn 25 West Main Auburn, WA 98001 DOCUMENT TITLE(s) 1. Petition for Annexation, Annexation Agreement and Declaration of Covenant 2. 3. REFERENCE NUMBER(s) OF DOCUMENTS ASSIGNED OR RELEASED: ❑ Additional numbers on -page of document GRANTOR(s)[Last name first, then first name and initials]: L City of Auburn 2. 3. Oadditional names on page of document GRANTEE(s)[Last name first, then first name and initials]: 1. Terrace View Properties, L.L.C. 3. Oadditional names on page of document LEGAL DESCREMON[Abbreviated: i.e., lot,block,plat; or section township,range]: Lot -Unit: Block: Volume: Page: Plat Name: Section: 6 Township: 20N Range: 5 East of the W.M. )2(complete legal description is on Page 25 (Exhibit B) of document ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(s): 05-20-06-2-034; 05-20-06-2-702; 05-20-06-2-024 The Recorder Will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing inforrantion provided herein. Following Recording, Return to: City of Auburn 25 West Main Street Auburn, WA 98001 PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT This Agreement executed between the City of Auburn, Washington, a municipal corporation (herein the "City") and Terrace View Properties, L.L.C., a Limited Liability Company and its assigns and/or successors in interest of certain Property legally described below (hereinafter 'Terrace View) is for and in consideration of the furnishing of water and sanitary sewer utility service by the City prior to annexation of certain Terrace View Property (hereinafter the "Property"). I. RECITALS A. The .Terrace View Property is located within the Urban Growth Area and Water and Sanitary Sewer Utilities Service Areas of the City. B. The City is willing to provide water and sanitary sewer service prior to annexation of the Terrace View Property into the City under the terms and conditions set forth herein and Terrace View is willing to full those terms and conditions in consideration of the receipt of water and sanitary sewer service from the City under the terms and conditions of this Agreement to allow development of its Property. II. AGREEMENT In consideration of this Agreement and Covenant and mutual benefits herein, the City and Terrace View agree to the provisions of this Agreement set forth below. 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 1 of 23 ORDNANCE 5373 I. ACKNOWLEDGMENTS AND REPRESENTATIONS BY TERRACE VIEW. Terrace View does hereby petition for annexation of the Property to the City, does hereby agree to the conditions of annexation herein, and does hereby make the following covenant. 1.1 Terrace View is the owner of certain real property located in unincorporated Pierce County and in the Urban Growth Area and Potential Annexation Area of the City. The Terrace View Property is illustratively shown on Exhibit A attached hereto and legally described on Exhibit B attached hereto and both are incorporated herein by these references as if fully set forth. 1.2 Terrace View warrants it has the authority to bind the Property with covenants set forth under this Agreement without the consent of other parties. 1.3 Terrace View is seeking Building Permit approvals from Pierce County for a 625 -unit mixed use multi -family residential development and 71,600 square feet of commercial buildings (hereinafter the 'Terrace View Development" or "Development"). 1.4 Terrace View has requested the City to furnish water and sanitary sewer services to the Property. 1.5 This Agreement to extend water and sanitary sewer services outside the corporate limits of the City is authorized by RCW 35.67.310 and RCW 35.92.170 and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied hereto. 1.6 The City's Comprehensive Plan requires annexation or a commitment to future annexation and compliance with certain other conditions as a prerequisite for the extension of water and sanitary sewer utility service outside the corporate limits of the City. 1.7 The City's requirement of an annexation agreement or a commitment to future annexation as a condition of extending water and sanitary 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 2 of 23 sewer utility services outside the corporate limits of the City is recognized by Washington law. 1.8 The Property is located within the City s Potential Annexation Area and Urban Service Area for annexation purposes as adopted by the City in its Comprehensive Plan pursuant to the King County and Pierce County Countywide Planning Policies and as recognized in the Pierce County Comprehensive Plan. 1.9 It is in the interest of the citizens of the City to insure that all public improvements which are or could be constructed within the corporate limits of the City or will be ultimately annexed into the City are to be constructed in accordance with this agreement, and, if not specially set forth within the agreement, then are to be constructed in accordance with City plans, policies, regulations and construction standards. 1.10 Terrace Views request for the extension of water and sanitary sewer utility services was duly considered by the City, and it was determined that the furnishing of water and sanitary sewer services to the Property would be proper upon the terms of this Agreement. 1.11 Terrace View does hereby acknowledge that in the event of violation or breach of the terms of this Petition, Agreement and Covenant by Terrace View, or upon the invalidation of this Petition, Agreement and Covenant by judicial action, operation of law or otherwise, the City reserves the right at its sole discretion to immediately terminate the provision of water and sanitary sewer utility services to those areas of the Terrace View Development not already being served by metered water connections at the time of violation, breach or invalidation and in such case Terrace View agrees to indemnify and hold the City harmless from any and all claims of any subsequent purchaser. 1.12 Terrace View acknowledges that is the option of the City to ultimately annex the entire Terrace View Property into the City as expeditiously as possible and that this Agreement is intended to initiate the process for completion of this option. 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 3 of 23 2. PROPERTY DESCRIPTION 2.1 The Terrace View Property is hereby described as follows: See Exhibit B attached hereto and incorporated herein by this reference as if fully set forth herein. 2.2 Terrace View warrants that Exhibit B is correct as fully describing the Property. 3. Terrace View, in consideration of the City's agreement to provide water and sanitary sewer utility services to the Property, does hereby petition, agree and covenant as follows: 3.1 Terrace View does hereby petition for annexation of the Property to the City and thereby agrees, promises and covenants that if at any time the Property or any portion of the Property is included within any area which is being considered for annexation to the City, Terrace View for itself and on behalf of its assigns and/or successors in - interest does join in said annexation and by this Petition does provide this Notice of Intent to Annex and that the Petition referred to herein is irrevocable. 3.2 Terrace View agrees for itself and its assigns and successors in interest to execute all necessary documents such as letters, notices, petitions or other instruments initiating, furthering or accomplishing the annexation of part or the whole of the Property to the City, whether or not the annexation involves the assumption by the area to be annexed of existing City indebtedness, the application, to the area to be annexed, of the City Comprehensive Plan and land use controls, and such other conditions as the City may lawfully impose. Terrace View, for itself and for its successors and assigns, agrees and covenants with the City, and to the present and future owners of the Property to which this Covenant relates, that such Agreement is to constitute a covenant running with the land, shall be binding and inure to the benefit of the parties hereto, their successors and assigns, that Terrace View and/or its successors and assigns shall, whenever so requested, execute such 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 4 of 23 letters, notices, petitions or other instruments. Terrace View agrees to record this document in Pierce County and specifically advise future successors and assigns in interest in the Property. 3.3 Terrace View recognizes that the laws of the State of Washington relating to the annexation of property by a City provides that property may be annexed to a City if property owners, equal to sixty percent of the assessed value of property within the area proposed to be annexed, sign a petition for such an annexation. Terrace View recognizes and agrees that by signing this Agreement, the Property of Terrace View, in whole or in part, will automatically be included as a property to be annexed in the event such Property is within a proposed annexation area. 3.3.1 Terrace View further recognizes that other methods of annexation are allowed under the laws of the State of Washington, including the election method. 3.4 Terrace View understands and agrees that upon annexation of any portion or all of the Property by the City, the Property, or any portion thereof, annexed shall be assessed and taxed at the same rate and on the same basis as property within the City is assessed and taxed to pay for any then outstanding indebtedness of the City which was contracted prior to, or existing at, the date of annexation. 3.5 The undersigned Owner of the Property, on behalf of itself and its successors and assigns, hereby designates the City as Terrace View's true and lawful attomey-in-fact for the purpose of signing any notice and any petition or other necessary documents leading to the annexation of said Property to the City, with full power to do and perform any proper act which Terrace View may.do with respect to the annexation of said real Property. The City may exercise this power through its City Clerk or otherwise as the City Council may direct. This Special Power of Attorney is given for the valuable consideration of the furnishing of water and sanitary sewer utility services by the City, and this Special Power of Attorney is further given as security for performance of the annexation covenant obligation set forth herein. This Special Power of Attorney is not revocable and shall not be affected by the disability of the principal. The City shall notify Terrace View in writing of the exercise of this Special Power of Attorney. However, the City's failure to notify 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 5 of 23 Terrace View in writing of the exercise of the Special Power of Attorney shall in no way affect the powers granted in this paragraph or in this Agreement. 3.6 Terrace view shall not protest the future formation of any local improvement district for any for the following: domestic water, sewers, streets, street lighting, and storm water facilities, including regional detention and water quality facilities, for any district which includes properties within the Terrace View Property, provided, that this section is not inconsistent with Terrace View's rights and obligations elsewhere in this Agreement. 4. OBLIGATIONS OF TERRACE VIEW AND CITY In consideration of the Citys agreement and commitment to provide water and sanitary sewer utility services to Terrace View prior to annexation as set forth hereinbelow, Terrace View and the City do hereby agree and covenant as follows: 4.1 Zoning Standards. Zoning for the subject property shall be determined under separate procedures with the intent the subject property be zoned at the same time as the approval of this Agreement. A separate chapter that incorporates these parameters shall be adopted specifically for the subject property and be included in Title 18. The adoption process for the zoning code amendment and the establishment of the zoning upon the property shall be as required by chapter 18.68 and shall occur prior to or concurrent with the annexation of subject property. 4.2 Design Standards. 4.2.1 Terrace View shall develop its Property consistent with the Design Standards attached hereto as Exhibit C and incorporated herein by this reference, which may be amended from time to time, and consistent with any other standards as established in and by this Agreement. Water and sanitary sewer systems set forth under -this Agreement shall be designed and constructed in accordance with the requirements of Auburn City Code and the most current City of Auburn Design and Construction Standards. 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 6 of 23 4.2.2 Terrace View may request revisions of the Design Standards, attached as Exhibit C, through the administrative review process under, the Auburn Zoning Code. An administrative decision may be appealed pursunt to the provisions under the Auburn Zoning Code. 4.3 SEPA. 4.3.1 The City acknowledges that an environmental review process has been completed in Pierce County by Terrace View under its Draft and Final Environmental Impact Statements. (The Draft, October 1995, and Final EIS, May 1997, shall hereinafter be referred to collectively as the "EIS".) The City further recognizes and acknowledges that the Terrace View EIS has been amended by Pierce County to provide for alternative mitigation for transportation and stormwater. 4.3.2 Terrace View acknowledges that it shall be required by Pierce County and the City to comply with the SEPA mitigation requirements set forth under Exhibit D attached hereto and incorporated herein by this reference. 4.3.3 Terrace View shall not be required to undertake or complete any further environmental review process by the City for the Terrace View Department; provided, however. 4.3.3(a) In the event the environmental review Process described above under Paragraphs 4.3.1 — 4.3.2 is not adequate to address the specific impacts or required mitigation thereto arising from the construction by Terrace View of the water and sanitary sewer systems set forth under this Agreement, Terrace View then shall be subject to further environmental review by the City; and/or 4.3.3(b) In the event Federal or State statutes and regulations promulgated after the execution of this Agreement supersede or otherwise address the environmental review process completed by Terrace - View, Terrace View may be subject to further environmental review pursuant to law. 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 7 of 23 Highway. 4.4 On -Site Road System Including Adjacent East Valley 4.4.1 The City recognizes and acknowledges that the proposed road traversing the Property in an easterly to southerly direction as depicted on the Site Plan attached hereto as Exhibit E and incorporated herein by this reference will be constructed as a public right-of-way known as the North Access Ramp. The City further recognizes and consents to the construction of the North Access Ramp in accordance with Pierce County Public Roads Standards inasmuch as the North Access Ramp is an integral part of the Lake Tapps Parkway transportation corridor which is under the jurisdiction of Pierce County. Terrace View acknowledges that Terrace View and Pierce County are mutually committed to the construction of the North Access Ramp as evidenced by the Right -of -Way Permit for Construction of North Access Ramp attached hereto as Exhibit F and incorporated herein by this reference. 4.4.2 All other roads and road approaches on the Property shall meet or exceed the private road standards as set forth in the City of Auburn Design and Construction Standards in effect on the date of execution of this Agreement except for the allowance of a sidewalk on one side only, conceptually as shown in Exhibit E. 4.4.3 Terrace View shall own, operate, and maintain all roads and road approaches on the Property referenced in paragraph 4.4.2 above. 4.4.4 Terrace View shall be obligated to complete half street improvements on the East Valley Highway in accordance with City of Auburn ordinances and policies if not completed by Pierce County within three years from the date of this agreement. A bond shall be posted by Terrace View to ensure such completion, such bond to be posted within 30 days from the execution of this Agreement in the amount of 125 percent of the estimated cost of the improvements as determined by Terrace View's engineer, and approved by the City engineer. This paragraph does not obligate Terrace View to construct or bond that portion of the half street improvements that are being undertaken by Pierce County. 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 8 of 23 4.4.5 Terrace View shall pay to the City $6,200 for its share of costs of traffic signal at East Valley Highway at Lakeland Hills Way within 60 days of the execution of this agreement. 4.5 Fire Standards. All buildings shall be developed on the Property consistent with the standards of Auburn City Code Title 13.08, 13.16, 15.36 and 15.38. Terrace View can develop to maximum road grade of 12%. 4.6 Parks. 4.6.1 Terrace View shall provide mitigation for parks to the City by one of the following -alternatives: rk fee adopted by Ordinance by the lesser) The payment of the City o the su of $720 permulti-family unit; or 4.6.1(b) The donation of land to the City in an amount equivalent to the city's standards in an area .of the City acceptable to the City. 4.6.2 Provided, however, any park mitigation due the City by virtue of this Agreement shall be reduced by any sums paid for park mitigation by Terrace View to Pierce County. 4.6.3 Any mitigation for parks must be tendered by Terrace View to the City prior to metered water service connection by the City to the Terrace View Development. 4.7 Stormwater Indemnification/Hold Harmless 4.7.1 The City recognizes that storm water runoff from Terrace View Property will be detained and treated in .a regional stormwater system designed to Pierce County Standards in effect at execution of this Agreement and constructed, owned, operated and maintained by Pierce County (hereinafter the "Pierce County Regional Trillium Stormwater System"). Terrace View acknowledges that Terrace View and Pierce County are mutually 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 9 of 23 committed to the Pierce County Regional Trillium Stormwater System and bound by the Voluntary Agreement between Pierce County and Terrace View Properties LLC for the Use of Trillium Stormwater Facility attached hereto as Exhibit G and incorporated herein by this reference. For purposes of stormwater control related to its development, Terrace View shall be required to comply with the requirements imposed by Pierce County pursuant to Voluntary Agreement between Pierce County and Terrace View Properties LLC for the Use of the Trillium Stormwater Facility attached hereto as Exhibit G. Terrace View shall be required to design, own, operate and maintain its on-site stormwater conveyance system. 4.7.2 Prior to the time the Pierce County Regional Trillium Stormwater System is accepted by Pierce County, Terrace View or any successor or assign or any subsequent purchaser of the Terrace View Property or any portion thereof, shall have no cause of action, claim or demand against the City for liability or damages to Terrace View or any subsequent purchaser of the Terrace View Property or any portion thereof, arising from any claim, demand, action, liability or judgment relating in any manner to the design, construction and maintenance of the Pierce County Regional Trillium Stormwater System prior to the time the Pierce County Regional Trillium Stormwater System is accepted by Pierce County. Terrace View shall indemnify and hold the City harmless from any claim by any subsequent purchaser of the Terrace View Property or any portion thereof, arising from any liability or damages to any subsequent purchaser relating to the design, construction, and maintenance of the Regional Trillium Stormwater System prior to the time Pierce County accepts the Regional Trillium Stormwater System. This paragraph and the indemnification provisions under this Paragraph is limited to indemnifying the City for any claim, demand, action or judgment relating solely to any damages or liability incurred by Terrace View or its successors or assigns or any subsequent purchaser prior to the time the Pierce County Regional Trillium Stormwater System is accepted by Pierce County. Upon acceptance of the Pierce County Regional Trillium Stormwater System by Pierce County, Paragraph 4.7.2 shall have no force and effect and shall be void. 4.7.3 Terrace View acknowledges that the City makes no representation and assumes no liability for the adequacy of storm water planning or coordination between Terrace View and Pierce County, or the 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 10 of 23 design or construction of the Regional Trillium Stormwater System, or the maintenance of the System as long as the Trillium Stormwater System is operated by Pierce County. 4.7.4 Terrace View shall be solely responsible for the design, construction and maintenance, repair and operation of its on-site stormwater conveyance system. Terrace View shall not be obligated to pay City System Development Charges for stormwater given that the on-site system will be designed, constructed and maintained by Terrace View and the Pierce County Regional Trillium Stormwater System will be designed, constructed, operated and maintained by Pierce County. 4.7.5 Terrace View acknowledges that upon annexation of the Terrace View Property a monthly storm drainage charge shall be paid to the City in accordance with the City s Storm Drainage utility rate structure in effect at the time of annexation and as amended thereafter. 4.8 Water. 4.8.1 Concurrent with execution of this Agreement, the City shall make available water utility service to Terrace View in accordance with the terms and conditions of this Agreement. 4.8.2 Terrace View acknowledges and agrees that said water utility service provided in accordance. with the terms of this Agreement shall be constrained as follows: 4.8.2(a) For all of the Terrace View Property and Development, by fire flow available to a maximum of 2,500 gallons per minute (gpm) for a 3 hour duration; and 4.8.2(b) For all of the Terrace View Property and Development, by a maximum number of connections equivalent to 419 equivalent residential units (ERU), where 1 ERU is defined as a maximum day demand of 717.12 gallons per day. Future service to the Terrace View Property and Development within the Valley Service Area Pressure Zone is anticipated via a 16" waterline along the East Valley Highway, all as described and consistent with the City of Auburn Comprehensive Water Plan, as 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 11 of 23 amended. At such time as service to the Terrace View Property and Development within the Valley Service Area Pressure Zone is provided via the 16" waterline along the East Valley Highway, then only that portion of the Terrace View Property and Development above the Valley Service Area Pressure Zone shall be constrained by a maximum number of connections equivalent to 419 ERU. Terrace View may elect to design and construct the entirety of this 16" waterline concurrent and consistent with the design and construction of the waterlines described in paragraphs 4.8.3 and 4.8.4 below, said design and construction solely at Terrace Views expense but subject to the City of Auburn's standard Payback Agreement. 4.8.3 Terrace View shall design and construct, in accordance with the requirements of the Citys standard Facilities Extension Agreement, attached hereto as Exhibit H and incorporated herein by this reference, a 16" waterline along the East Valley Highway from the north property comer of the Terrace View Property south along the full extent of the Terrace View property and to a point approximately 150' to 200' south of the proposed bridge alignment of the Lake Tapps Parkway over the East Valley Highway. 4.8.4 Until such time as water service to the Terrace View Property and Development within the Valley Service Area Pressure Zone is available via the 16" waterline along the East Valley Highway, water service to the Terrace View Development is anticipated via a pressure reducing valve, at the northeastern comer of the Terrace View Property, thence via a 12" waterline extending easterly approximately 380 feet to a. point of connection in Elizabeth Avenue Southeast, thence via a 12" waterline extending southeasterly along Elizabeth Avenue Southeast, and thence via a 12" waterline extending northeasterly along Evergreen Way SE to the terminus of the existing waterline in the Lakeland Hills Development near the intersection of Evergreen Way SE and Lakeland Hills Way. It shall be Terrace View's responsibility to secure any necessary agreement with a third party to accomplish the provision of this service. 4.8.4(a) In the event that a 12" waterline and appurtenances, or any portion thereof, have not been constructed prior to the time Terrace view requires a water connection to its Development, Terrace View shall design and construct, in accordance with the requirements of the 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 12 of 23 City's standard Facilities Extension Agreement, attached hereto as Exhibit H, the 12" waterline and appurtenances, or any required portion thereof. In accordance with Auburn City Code, Terrace View may request the execution of the City's standard Payback Agreement, attached hereto as Exhibit I, for fair pro rata share reimbursement of the design and construction costs incurred by Terrace View for this work. 4.8.4(b) In the event that the 12" waterline and appurtenances, or any portion thereof, are constructed by other parties, then Terrace View shall be subject to any applicable connection charge as required, defined, and described by Auburn City Code, Chapter 13.40, UTILITY EXTENSIONS. 4.8.5 Terrace View shall be responsible for all costs and expenses associated with the design, permitting, and construction of waterlines constructed by Terrace View as described in and conditioned by Paragraphs 4.8.3 and 4.8.4 above. 4.8.6 Terrace View shall be responsible for all costs and expenses associated with the design, permitting and construction of all on-site waterline and' appurtenances thereto in accordance with City standards. Terrace View shall be allowed to submit to the City the construction plans for that portion of its on-site. waterlines lying within the North Access Ramp in a package separate from the set of construction plans for the remainder of the required on-site and off-site water system described under this Agreement. 4.8.7 The City acknowledges that it has water and sanitarysewer franchises from Pierce County. Terrace View acknowledges that it shall be responsible for obtaining any authorizations from Pierce County, the City of Pack or such other appropriate jurisdictions or other private entities, that may be required for construction by Terrace View of the above described water lines in accordance with the terms of this Agreement. 4.8.8 Terrace View shall pay all System Development Charges for water utility service required by the City in accordance with City standards. Water utility connection will be provided to the Terrace View Development only upon payment by Terrace View of both the water and sanitary sewer System Development Charges to the City. The City shall not be 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 13 of 23 obligated to provide metered water connections for the Terrace View Development until such time as the Pierce County Regional Trillium Stormwater System is completed and accepted by Pierce County. Upon written notice to the City by Terrace View, transmitting a copy of Pierce County's written notification to Terrace View that Pierce County has accepted the Regional Trillium Stormwater System, the City shall immediately provide metered water connections to the Terrace View Development provided that all other conditions and terms of this Agreement pertaining thereto have been met. 4.8.9 Attached hereto as Exhibit J is Terrace View's Water Service Plan, depicting for illustrative purposes only the location and connection of the waterlines described hereinabove. 4.8.10 Terrace View acknowledges that the monthly rate for metered water service shall be in accordance with the City's Water Utility rate structure in effect as of the date of this Agreement and as amended thereafter. Terrace View acknowledges that this rate structure currently provides for a surcharge outside of the City's corporate limits. 4.8.11 Upon return to the City of an executed and recorded original of this Agreement from Pierce County as provided in Section 3.2 of this Agreement, the City shall provide Terrace View with a letter evidencing water utility availability from the City to Terrace View, as conditioned by the terms and conditions of this Agreement, within ten (10) days following the Cit/%s receipt of the executed and recorded Agreement 4.9 Sewer. 4.9.1 Concurrent with execution of this Agreement, the City shall make available sanitary sewer utility service to Terrace View in accordance witN the terms and conditions of this Agreement. 4.9.2 Terrace View shall design and construct, in accordance with the requirements of the Citys standard Facilities Extension Agreement, attached hereto as Exhibit H, an 8" gravity sanitary sewer line to accommodate flows from the Terrace View Development, along East Valley Highway from approximately the proposed North Access Ramp Road to be located on the Terrace View Property northerly to a sewage pump station to be 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 14 of 23 designed and constructed by Terrace View near the northwest comer of the Terrace View Property as shown on Exhibit K attached hereto and incorporated herein by this reference. 4.9.3 Terrace View shall design and construct a sewage Pump station, in accordance with the requirements of the City's standard Facilities Extension Agreement, attached hereto as Exhibit H, which shall be adequate to serve the Terrace View Development and the area tributary to Terrace View as shown on Exhibit K attached hereto. 4.9.4 Terrace View shall design and construct, in accordance with the requirements of the City's standard Facilities Extension Agreement, attached hereto as Exhibit H, an 8" sanitary sewer force main from the proposed sewage pump station at approximately the northwest comer of the Terrace View Property extending north to Oravetz Place Southeast thence easterly approximately 600 feet to a point of connection at the existing City gravity sanitary sewer line. 4.9.5 Terrace View shall pay all System Development Charges for sanitary sewer utility service required by the City in accordance With City standards. 4.9.6 The City acknowledges that it has water and sanitary sewer franchises from Pierce County. Terrace View acknowledges that it shall be responsible for obtaining any authorizations from Pierce County, (the City of Parc) or such other appropriate jurisdictions or other private entities, that may be required for construction by Terrace View of the above described sewer lines in accordance with the terms of this Agreement. 4.9.7 The City agrees to execute with Terrace View the City's standard Payback Agreement, attached hereto as Exhibit I, for fair pro rata share reimbursement of the design and construction costs incurred by Terrace View for the sanitary sewer force main along East Valley Highway and the sewage pump station, described above, by any benefited properties within the area tributary to Terrace View as shown on Exhibit K attached hereto. 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 15 of 23 4.9.8 Attached hereto as Exhibit K is Terrace View's Sewer Service Plan depicting for illustrative purposes only the location and connection of the sewedines and the tributary area described above. 4.9.9 Terrace View acknowledges that the monthly rate for sanitary sewer service shall be in accordance with the City's Sewer Utility rate structure in effect as of the date of this Agreement and as amended thereafter. Terrace View acknowledges that his rate structure currently provides for a surcharge outside of the City's corporate limits. 4.9.10 Upon return to the City of an executed and recorded original of this Agreement from Pierce County as provided in Section 3.2 of this Agreement, the City shall provide Terrace View with a letter evidencing sanitary sewer utility availability from the City to Terrace View, as conditioned by the terms and conditions of this Agreement, within ten (10) days following the City's receipt of the executed and recorded Agreement. 4.10 Permitting and Inspection for the Terrace View Development. 4.10.1 The City recognizes and agrees that until the Property is annexed by Ordinance by the City, all development and building permits for the Terrace View Development will be issued by Pierce County except for those permits relating to construction of the sanitary sewer and water utility systems and except as conditioned by the provisions of this Agreement. 4.10.2 In the event that Pierce County is the issuing jurisdiction for purposes of a development or building permit to Terrace View prior to annexation by the City, Terrace View shall be required to comply with the standards of the City as otherwise. provided in this Agreement. 4.10.3 In the event that the City is the issuing jurisdiction for a development or building permit to Terrace view after annexation by the City, Terrace View shall be required to comply with the standards of the City except as otherwise provided in this Agreement. 4.10.4 Prior to annexation by the City, Terrace View shall submit all development and building plans prepared by Terrace View to the City 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 16 of 23 to allow the City to confirm compliance with the City standards set forth under this Agreement. In the event of differences between Pierce County standards and City standards under this Agreement, Terrace View agrees to coordinate the necessary revisions to satisfy both Pierce County standards and those City standards set forth under this Agreement. The City Engineer will be the City's deciding official for civil site standards for street, water and sanitary sewer systems in accordance with the terms of this Agreement. The City Fire Marshall will be the City's deciding official for City Fire and Fire Protection requirements in accordance with the terms of this Agreement. The City's Parks Director will be the deciding official for the City's Parks and Recreation Department requirements in accordance with the terms of this Agreement. The City's Planning Director will be the deciding official for the City's Planning Department requirements in accordance with this agreement, including but not limited to, zoning, land use, site design and SEPA requirements. Terrace view shall comply with the City's Development Review and Inspection Process attached as Exhibit L and incorporated herein by this reference relating to those City standards set forth under this Agreement. 4.10.5 Any development or building permit issued by Pierce county shall be subject to inspection by Pierce County even if the Property is annexed by the City after permit approval. Terrace View will obtain certificates of occupancy from Pierce County for all buildings constructed by Terrace View under permits issued by Pierce County. 5. GENERAL PROVISIONS. 5.1 Nothing in this Agreement shall be construed to create any financial obligation on the part of the City with regard to annexation, construction of utility facilities and appurtenances, or any other matter except as provided in this Agreement. Terrace View and the City hereby acknowledge that it is Terrace Views responsibility to finance the design and construction of those utility facilities required to be constructed by Terrace View under the terms of this Agreement. 5.2 This Agreement constitutes the entire agreement between the parties and no modification, amendment, addition to or changes to this Agreement shall be valid or enforceable unless in writing and signed by all 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 17 of 23 parties. The parties agree to execute such other documents identified in this Agreement to fulfill the terms and conditions of this Agreement. 5.3 The parties agree that any controversy, dispute, claim or breach of or relating to the Agreement on the part of either party ("the Dispute") shall be resolved in accordance with the following procedures: 5.3.1 The parties shall first attempt to negotiate a mutually satisfactory resolution to the Dispute as follows: 5.3.1(a) The complaining party shall prepare a written description ("Letter") of the alleged Dispute and notify the other party as Provided for in this Agreement. The Letter shall explain the nature of the Dispute and refer to the relevant section of the Agreement upon which the Dispute is based. The complaining party shall also set forth a proposed solution to the Dispute, including a specific timeframe within which the parties must act. 5.3.1(b) The party receiving the Letter must prepare a written response within twenty (20) days of receipt with an explanation, including references to the relevant parts of the Agreement and a response to the proposed solution. 5.3.1(c) Within twenty (20) days of receipt of this response, the parties must meet and discuss options for resolving the Dispute. The complaining party must initiate the scheduling of this meeting at a time mutually convenient to both parties. 5.4 If for any reason of any default or breach on the part of either Terrace View or the City in the performance of any of the provisions of this Agreement and a legal action is instituted, the party not prevailing agrees to pay to the substantially prevailing party all reasonable costs and attorney fees and costs in connection therewith, including on appeal. It is hereby agreed that the venue of any legal action brought under the terms of this Agreement shall be King County, Washington. This Agreement shall be governed by the applicable laws of the State of Washington. 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 18 of 23 5.5 This Agreement shall not be construed more . favorably to one party over another, notwithstanding the fact one party, or its attorney, may have been more responsible for the preparation of the document. 5.6 Nothing under this Agreement shall require Terrace View to indemnify or hold the City harmless from any breach of the City or wrongful conduct by the City under this Agreement. 5.7 The terms and provisions of this Petition, Agreement and Covenant shall inure to the benefit and become binding upon the assigns or successors in interest of the parties hereto. 5.8 Any notice or demand required or permitted to be given under this Agreement shall be sufficient if given in writing and sent by registered or certified mail, return receipt requested, to the address of the parties set forth below or such other address as the parties may stipulate in writing from time to time. Any notice shall be deemed to have been given on the date it is deposited in the U.S. Postal Service mail with postage prepaid. Terrace View: John D. Cheetham Gregory S. O'Farrell Managing Members Terrace View Properties LLC P.O. Box 5430 Kent, WA 98064-5430 City. Director of Planning and Community Development City of Auburn 25 West Main Auburn, WA 98001 5.8.1 Terrace View warrants that it will undertake, and be responsible for, all notifications, including recording, to all parties of interest and future parties of interest to the extent Terrace View is an owner of record of the Property. In the event that Terrace View is not longer an owner of record of the Property, the successors or assigns of Terrace View shall be 04/14!00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 19 of 23 obligated and responsible for any and all notifications required under this Agreement. 5.9 In the event that any term, provision, condition, clause or other portion of this Agreement be held to be inoperative, invalid, void, or in conflict with any other applicable term provision, condition, clause or other portion of this Agreement, the remainder of this Agreement shall be effective as if such term, provision, condition or other portion had not been contained herein, and to this end, the terms of this Agreement are declared by the parties to be severable. 5.10 No failure on the part of either party to exercise, and no delay in exercising, any rights hereunder shall operate as a waiver thereof; nor shall any waiver or acceptance of a partial, single or delayed performance of any term or condition of this Agreement operate as a continuing waiver or a waiver of any subsequent breach thereof. 5.11 Upon mutual execution, this Agreement shall be recorded with the Pierce County Auditor's office. Terrace View shall be responsible for recordings and shall provide an original of such recordings to the City. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year set forth above. CITY OF AUBURN By:_V�e CHARLES A. BOOTH, Its: Mayor 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 20 of 23 Date: C3 G —1 e-06 TERRACE yIEW JON D. C Its: Managing By: GREGORY S. O'FARRELL Its: Managing Member Approved as to form Michael J. Reyno ds, City Attorney Date: -41 l� OD 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 21 of 23 L.L.0 Date: Date: ,"/- 2-9 -<D <J STATE OF WASHINGTON ) COUNTY OF KING ) ss. On this day personally appeared before me Charles A. Booth to me known to be the Mayor of the City of Auburn, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said municipal corporation. 2000. GIVEN under my hand and official seal this day of —4' ,/l Q ; pTARY �m i i o :0 (printed name of notary) J NOTARY PUBLIC in and for the State"�� of Washington, residing athlGlyrcr2/�l r�� ►jq ° z F. My Commission Expires: _Z62 --5-W3 W 04/74/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Page 22 of 23 STATE OF WASHINGTON ) COUNTY OF KING ) ss. On this day personally appeared before me Jon D. Cheetham and Gregory S. O'Farrell; to me known to be the Managing Members of Terrace View Properties L.L.C., the limited liability company described in and who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Managing Members on behalf of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that each Managing Member is authorized to execute said instrument on behalf of said limited liability company. GIVEN under my hand and official seal thisday of�. 2000. , `>> E • 09S h ��. •g�ON ''•. 'f �r p,,pTARYCA �i t �Si�OF Wf*� 04/14/00 TERRACE VIEW PRE ANNEXATION AGREEMENT Page 23 of 23 �^-- (printed name of notary) NOTARY PUBLIC in and for the State Of Washington, residing at My Commission Expires: d- ftv EXHIBIT LIST TO AGREEMENT BETWEEN CITY OF AUBURN AND TERRACE VIEW PROPERTIES EXHIBIT A - Map Depicting Location of Terrace View Property EXHIBIT B - Legal Description of Terrace View Property EXHIBIT C - Design Standards for Terrace View Development EXHIBIT D - EIS Mitigation Measures for Terrace View Development EXHIBIT E - Site Plan for Terrace View Development, depicting location of North Access Ramp and Terrace View Boulevard and road approaches, and the location of multi -family and commercial areas. EXHIBIT F - Pierce County Right -of -Way Permit for Construction of North Access Ramp EXHIBIT G - Voluntary Agreement between Pierce County and Terrace View Properties LLC for the Use of Trillium Stormwater Facility. EXHIBIT H - City Standard Agreement for Developer Public Facility Extension EXHIBIT I - City Standard Payback Agreement EXHIBIT J - Terrace View's Water Service Plan for Terrace View Development EXHIBIT K - Terrace View's Sewer Service Plan for Terrace View Development EXHIBIT L — City s Development Review and Inspection Process 04/14/00 TERRACE VIEW PRE -ANNEXATION AGREEMENT Exhibit List Page 23 A c r- F--4 c - .,,,m 1 7 errace View Exhibit A EXHIBIT A EXHIBIT B LEGALDESCRIPTION TERRACE VIEW PROPERTIES L.L.C. PARCEL A: Commencing at the Northwest comer of Section 6, Township 20 North, Range 5 East of the W.M., in Pierce County, Washington; thence East 679.8 feet to the true point of beginning; thence South to the South line of Government Lot 4; thence West along said South line to the East line of State Highway No. 5; thence South along said East line to the North line of the South 170 feet of Government Lot 5 in said Section 6; thence East along said North line 1,030 feet, more or less, to a point 100 feet West of the East line of said Lot 5; thence Northeasterly to a point on the East line of Lot 5, being 480 feet North of the Southeast comer of said Lot 5; thence North along the East line of Lot 5 and Lot 4 to the Northeast comer of said Lot 4; thence West along said North line to the point of beginning. PARCEL B: Commencing at the Southeast comer of Government Lot 5 in Section 6, Township 20 North, Range 5 East of the W.M., in Pierce County, Washington; thence North along the East line of said Government Lot 5, 480 feet to the true point of beginning; thence continuing Northerly 840 feet, more or less, to the South line of the North half of the Northwest quarter of said Section 6; thence Easterly along said South line of the North half, 50 feet; thence Southerly parallel to said quarter Section line 530 feet; thence Southwesterly to the true point of beginning. PARCEL C: An easement for ingress and egress over and across the South 170 feet of Government Lot 5 in Section 6, Township 20 North, Range 5 East of the W.M., in Pierce County, Washington, appurtenant to a portion of the above described Parcel A as granted by Puget Sound Power & Light Company in Deed dated November 27, 1967 and recorded under Auditor's No. 2220347. EXCEPT that certain real property deeded to Pierce County by Statutory Warranty Deed recorded under Pierce County Auditor's File No. 9908050698 for the North Access Ramp Right -of -Way. AND SUBJECT TO any and all easements, covenants, encumbrances, and restrictions of record. EXHIBIT B �V EXHIBIT C DESIGN STANDARDS FOR TERRACE VIEW DEVELOPMENT A. Building Design Continuity: The buildings shall be of similar height, scale, materials and colors to be in general harmony with the other proposed development sections of the Terrace View Master Plan Community. All accessory structures (i.e. clubhouse, carports, garages, etc.,) shall be composed of similar and complementary construction attributes as incorporated by the primary structures outlined above. B. Building Fagade Modulation 1. Building facades, especially those facing streets, shall- be articulated with architectural elements such as windows, entries, porches, balconies, bays, visible trim, changes in color and/or materials, landscaping, and similar elements which break up long blank walls and add visual interest and enhance the character of the development. 2. Any other technique approved by the Planning Director that archives the intent of this section shall be allowed. C. Roofline Modulation: All attached housing development shall provide roofline modulation along all primary rooflines exceeding sixty (60') feet in length. The following roofline modulation methods, including but not limited to, shall be allowed: such as ridgeline offsets, ridgeline steps, dormers, cupolas, intersecting gables or hipped roofs, chimneys or other architectural features and provide a modulation of the primary roofline. D. Landscape Materials and Site Treatment: Landscaping and plant materials shall enhance the architectural character and enhance the livability of the Master Plan Community by the following standards: TERRACE VIEW EXHIBIT "C PAGE 1 1. Shall provide screening and privacy between the public and private areas of the site. 2. Shall provide enhancement of the views to and from the development. 3. Shall provide shade and compliment the visual building mass. 4. Shall create an overall landscape design for the Master Plan Community of the entire development to including a balance of both deciduous and coniferous/evergreen plant materials. 5. Shall provide walkways and pedestrian circulation convenient to the residents and guests to promote safety and linkages to all site amenities. 6. Shall provide exterior lighting standards and fixtures to promote safety, to compliment the community and architecture and be consistent in design and size with the other master plan areas of the development. TERRACE VIEW EXHIBIT "C" PAGE CrFY OF A IJ BURN Peter B. Lewis, Mayor WASHINGTON 25 West Main sheet * Aubum WA 98001-4998 * www.aubumwa.gov * 253-931-3000 NOTICE OF APPLICATION The City of Auburn has received the following development application, which may be reviewed at the City of Auburn Permit Center, 25 West Main Street, Auburn, WA. Nature of Project or Request: Terrace View Townhomes Preliminary Plat: a 59 -lot subdivision of an approx. 6.0 acre site to allow for attached townhouse units. The smallest lot size will be 1400 sq. ft. Internal plat streets will be public. The project also includes a future water booster pump station tract and a tract for an existing sanitary sewer lift station. Location: The site is located on the northeast corner of East Valley Highway and Terrace View Lane, west of and downhill from the Terrace View Apartments (aka "Belara") currently under development. The site has been previously graded under prior permit approvals. Date of Notice of Application: November 17, 2005 Permit Application Date: October 14, 2005 Date of Notice of Completeness: November 7, 2005 File Nos: PLT05-0003, Applicant: Terrace View Properties, LLC 19606 SE 252nd St. Covington, WA 98042 An Environmental Impact Statement (EIS) was previously prepared that addressed the environmental impacts of the proposed, the Terrace View Preliminary Plat/Planned Development District. The EIS was prepared while the project was located within unincorporated Pierce County; Pierce County was therefore the lead agency. The Terrace View Preliminary Plat/Planned Development District Final EIS addressed a proposal to construct a mixed-use development consisting of 625 multifamily units and approx. 71,600 sq. ft. of commercial space on an overall 52.6 -acre site. One of the alternatives examined in the Final EIS included developing the entire site with 763 multifamily units. A Final EIS Addendum was subsequently issued in September 1999 due to finalization of adjacent street improvements; construction of a regional storm drainage system; on- site wetlands mitigation; and adoption of park and school impact fees by Pierce County. EXHIBIT 12 AUBURN* MORE THAN YOU IMAGINED Approx. 423 apartment units have been constructed within the eastern (upland) portion of the original Terrace View site. The current proposal has been determined to fall within the scope of the original FEIS. Copies of the FEIS are available for review at the City of Auburn Permit Center, City Hall, 25 West Main, Auburn. Other Permits Required: The project requires preliminary plat approval. If this approval is obtained, the applicant will need to obtain final plat approval, grading permits, land clearing permits and facility extension permits from the City of Auburn. Additional Studies Provided with the Application: None; studies were completed as part of the EIS process. Public Comment Period: You are invited to comment, request a copy of the decision, when available, and be made aware of any appeal rights. Comments must be received in writing by the Auburn Permit Center at 25 West Main, Auburn, WA 98001-4998 before 5:00 p.m. on November 28, 2005. You may also comment on the proposal as part of the public hearing process (see below). Public Hearings: This project requires a public hearing, which will be held by the City of Auburn Hearing Examiner. The tentative date for the hearing has been established as December 20, 2005.. The Hearing Examiners decision is in the form of a recommendation to the Auburn City Council, which makes the final decision. This proposal is subject to and shall be consistent with the Auburn City Code, Auburn Comprehensive Plan, and City of Auburn Design and Construction Standards Manual. Proposed Mitigation Measures: Yet to be determined. If you have further comments or questions related to this application, you may contact the Auburn Permit Center at (253) 931-3090 or at permltsCM-aubumwa.go . If you call or write, please reference File No., PLT05-0003. OR 311 i � i 85r1 Approx. 423 apartment units have been constructed within the eastern (upland) portion of the original Terrace View site. The current proposal has been determined to fall within the scope of the original FEIS. Copies of the FEIS are available for review at the City of Auburn Permit Center, City Hall, 25 West Main, Auburn. Other Permits Required: The project requires preliminary plat approval. If this approval is obtained, the applicant will need to obtain final plat approval, grading permits, land clearing permits and facility extension permits from the City of Auburn. Additional Studies Provided with the Application: None; studies were completed as part of the EIS process. Public Comment Period: You are invited to comment, request a copy of the decision, when available, and be made aware of any appeal rights. Comments must be received in writing by the Auburn Permit Center at 25 West Main, Auburn, WA 98001-4998 before 5:00 p.m. on November 28, 2005. You may also comment on the proposal as part of the public hearing process (see below). Public Hearings: This project requires a public hearing, which will be held by the City of Auburn Hearing Examiner. The tentative date for the hearing has been established as December 20, 2005.. The Hearing Examiner's decision is in the form of a recommendation to the Auburn City Council, which makes the final decision. This proposal is subject to and shall be consistent with the Auburn City Code, Auburn Comprehensive Plan, and City of Auburn Design and Construction Standards Manual. Proposed Mitigation Measures: Yet to be determined. If you have further comments or questions related to this application, you may contact the Auburn Permit Center at (253) 931-3090 or at permits(cDauburnwa.gov. If you call or write, please reference File No., PLT05-0003. Page 1 of 1 http://cedar.co.pierce.wa.uslscriptslesrimap.dll?name=parcel_map&CmdO=CreatePareel... 11/15/2005 CITY OF *.9 RN ;00'WAUSHINGTON NOTICE OF PUBLIC HEARING Please be advised that the AUBURN HEARING EXAMINER on January 10, 2006, at 7:00 p.m. will conduct a PUBLIC HEARING on the following request: APPLICATION NO. PLT05-0003 The request of ion Cheetham for Terrace View Properties, for preliminary plat approval of a 59 lot single family residential development on 5.88 acres. The project is located at north of Lake Tapps Parkway on the east side of East Valley Highway. 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 fiuther 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 nr enuinmem Fnr the L.,..,t:....,.r.x______�_ APPLICATION NO.: PLT05-0003 APPLICANT: Jon Cheetham for Terrace View Properties REQUEST: for preliminary plat approval of a 59 lot single family residential development on 5.88 acres LOCATION: north of Lake Tapps Parkway on the east side of East Valley Highway EXHIBIT 13 AFFIDAVIT OF POSTING OF LEGAL NOTICE BY STAFF Application No.: PLT05-0003 Applicant: Jon Cheetham for Terrace View Properties Location: north of Lake Tapps Parkway on the east side of East Valley Highway Date of Public Hearing: January 10, 2006 I certify that on 441L- b I did affix a Notice of Public Hearing for the above referenced application, as required by Auburn City Code 1.27, 14.07.040 and 18.66.130, to the land use posting board erected at the above site. This notice was posted at least 10 days prior to the date of public hearing noted above. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. MI Name (please print -of type) t Date EXHIBIT 14 AFFIDAVIT OF MAILING OF LEGAL NOTICE Application No.: PLT05-0003 Applicant: Jon Cheetham for Terrace View Properties Location: north of Lake Tapps Parkway on the east side of East Valley Highway Date of Public Hearing: January 10, 2006 I certify that on December 29, 2005, I did send a Notice of Public Hearing for the above referenced application, as required by Auburn City Code 14.07.040 and 18.66.130, to all property owners located within 300 feet of the affected site. Said Notice was mailed pre -paid stamped through the United States Postal Service at least 10 days prior to the public hearing date noted above. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct Carolyn Brown, Planning Secretary EXHIBIT 15 rrom. t om Meagner tmailto:tom.meagher@Mngcountyjoumal.com] Sent: Friday, December 23, 2005 2:56 PM To: Carolyn Brown Subject RE: Requests to Publish Hello Carolyn!! I have received your email with the attachment and will publish the 4 notices (re: NOH: PLT05-0003 , VAR05-0009, VAR05-0010, and MIS05-0006) in the legal section of the Thursday, December 29, 2005 edition of the King County Journal. Thank you!! Melissa Prior for: Tom Meagher Legal Advertising Representative King County Journal Newspapers 600 Washington Avenue South Kent, WA 98032-5707 Phone: 253-234-3512 or 4254534296 Fax: 253-859-9268 or 425-635-0602 ----Original Message— From: Carolyn Brown fmailto:cbrown@aubumwa.gov] Sent: Friday, December 23, 2005 2:34 PM To: legals.kent@kingcountyjoumal.com Cc: Steven Pilcher Subject: Requests to Publish Good afternoon, Tom; Yes, I know one of those last minute requests before the Christmas weekend. Please publish the attached Notices of Public Hearing for PLT05-0003 , VAR05-0009, VAR05-0010. and MIS05-0006 in the legal section of the Thursday, December 29, 2005 edition of the King County Journal. Thanks for all your help this past year, and Merry Christmas. Carolyn Brown City of Auburn EftBa 16 BEFORE THE HEARING EXAMINER OF THE CITY OF AUBURN In the Matter of the Application of ) Jon Cheetham, ) Terrace View Properties, LLC ) For Preliminary Plat ) NO. PLT05-0003 TERRACE VIEW TOWNHOMES FINDINGS, CONCLUSIONS, AND RECOMMENDATION SUMMARY OF RECOMMENDATION A preliminary plat to subdivide approximately 6.042 acres into 59 lots for the future development of attached townhouses, open space tracts, and a water booster pump station tract in Auburn, Washington should be GRANTED, subject to conditions. Requests Jon Cheetham of Terrace View Properties LLC, represented by Lou Larson of Pacific Engineering Design LLC (Applicant), requested approval of a preliminary plat application to subdivide approximately 6.042 acres into 59 lots for the future development of attached townhouses, seven open space tracts, including one for the protection of a wetland and its associated buffer, and a water booster pump station tract. The subject property is located north of the Lake Tapps Highway (8th Street E), east of the East Valley Highway, at the northeast corner of Terrace View Drive. Hearing Date Pursuant to the requirements of RCW 36.70B, an "open record" hearing was held before the Hearing Examiner of the City of Auburn on January 10, 2006. The official record of the hearing was left open for the submittal of supplemental documentation requested by the Hearing Examiner. The requested documentation was submitted and the record was closed on January 17, 2006. Testimony At the open record hearing, the following individuals presented testimony under oath: Steve Pilcher, City of Auburn Planning Department Joseph Welsh, City of Auburn, Transportation Planner Walt Wojeck, City of Auburn, Development Review Dwayne Husky, City of Auburn, Utility Engineer Jon Cheetham, Terrace View Properties LLC Lou Larson, Pacific Engineering Design LLC Mary Urback, Drafting Attorney — Annexation Agreement Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 1 of 13 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 Preliminary Plat Application with attachments Attachment A: Project Narrative Attachment B: Memo from Heffron Transportation Inc., dated October 4, 2005 Exhibit 4 Site Plans — 9 Sheets including utilities, road, easement, booster/pump station, and sight distances, dated November 21, 2005 Exhibit 5 Proposed Site Plan Exhibit 6 Letter from Pacific Engineering Design to Steve Pilcher, Auburn Planning Department. dated December 22, 2005 Exhibit 7 Letter from Pacific Engineering Design to Steve Pilcher, Auburn Planning Department, dated November 22, 2005 Exhibit 8 Letter from Mary Urback to Carla Vincent, Pierce County Planning & Land Services, dated June 1, 2005 Exhibit 9 Addendum to Final Environmental Impact Statement for Terrace View Park Preliminary Plat/Planned Development District, issued October 24, 2005 Exhibit 10 Planting Plan, prepared by Johnson Braund Design Group Inc., received by City December 22, 2005 Exhibit 1 I City of Auburn Ordinance 5373 — Execution of Annexation, Annexation Agreement, and Declaration of Covenant, passed April 17, 2000 Exhibit 12 Notice of Application Exhibit 13 Notice of Public Hearing Exhibit 14 Affidavit of Posting Exhibit 15 Affidavit of Mailing Exhibit 16 Confirmation of Publication of Notice of Public Hearing Exhibit 17 Pre -Application Meeting Summary with decision of Auburn Planning Director as to Minor Adjustment to Terrace View Site Plan, dated August 1, 2005 Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 2 of 13 Exhibit 18 City of Auburn Ordinance 5377 — Terrace View Zoning Requirements and Development Standards, passed May 1, 2000; Ordinance 5392 — Amendment to Ordinance 5377, passed May 15, 2000 Exhibit 19 Letter from John Trent, Pierce County Public Works and Utilities, to Terrace View Properties LLC, dated July 9, 1999 Exhibit 20 Statutory Warranty Deed and 2000 Pre -Annexation Agreement between Pierce County and the City of Auburn relating to regional infrastructure and facilities Exhibit 21 E-mail from Dieringer School District, dated July 10, 2005 Exhibit 22 Terrace View Townhomes Preliminary Plat Discussion Outline Exhibit 23 Proposed Site Plan, colorized Exhibit 24 Color Photograph of Townhomes, for illustrative purposes only Exhibit 25 Color Photograph of Townhomes, for illustrative purposes only Exhibit 26 Letter from Mary Urback, Attorney to City of Auburn Hearings Examiner, dated January 13, 2006 Exhibit 27 Order Closing the Record Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant requested approval of a preliminary plat to subdivide approximately 6.042 acres into 59 fee -simple lots for the future development of attached townhomes, seven open space tracts, and a water booster pump station. The subject property is located north of the Lake Tapps Parkway (81h Street East), east of the East Valley Highway, at the northeast corner of Terrace View Drive in Auburn, Washington. The site is formally referred to as the "North Commercial Bench" of the Terrace View Park Planned Development District. The subject property is identified by Pierce County Tax Assessor's Number 0520062048. Exhibit 1, Staff Report, Pages 1-3; Exhibit 2, Vicinity Map; Exhibit 3, Plat Application, Page 5 and Project Narrative; Testimony of Mr. Pilcher. 2. Although the site has been graded in the past, it is currently vacant. The parcel slopes upwards from the East Valley Highway and then flattens over the majority of the site. Vegetation consists solely of grasses, invasive shrubs, and small trees. There are no significant trees located on the site. Exhibit 3, Plat Application, Project Narrative. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 3 of 13 3. The subject property is part of the Terrace View Park Planned Development District (TVP), which is comprised of three parcels of land, totaling 52.66 acres. The TVP was annexed by the City of Auburn in 2000. Exhibit 11, Ordinance 5373. Pursuant to the Annexation Agreement, zoning for the subject property was assigned by a separate action of the City Council. In April 2000, the City Council adopted Ordinance 5377, which assigned the TVP the Terrace View (TV) Zoning District, ACC 18.78. Exhibit 18, Ordinance 5377. 4. Pursuant to Auburn Ordinance 5377, the TV zone was created to establish zoning requirements and design standards exclusively for the 52.66 acres of land known as "Terrace View Annexation Area." The TV zoning district is a modified version of the C-3 Heavy Commercial zoning district and reflects both the City's Comprehensive Plan and Pierce County zoning provisions and project submittals. Except for the noted modifications, all other provisions of the C-3 zoning district apply to the TV zone. Modifications include: (1) multi -family projects are permitted outright; (2) parking for recreational vehicles is not required so long as a there is a perpetual restrictive covenant recorded against the property that prohibits recreational vehicle parking in the multi -family complex. Exhibit 1, Staff Report, Pages 1-3; Exhibit 18, Ordinance 5377; ACC Chapter 18.78; ACC 18.78.030; Testimony of Mr. Pilcher; Testimony of Ms. Urback. 5. The preliminary plat application was reviewed for compliance with the TV zoning district standards, ACC 18.78. Multi -family residential development is an outright permitted use in the TV district. The TV district, utilizing the C-3 zone development standards, does not require a minimum lot size or minimum lot width or set lotcoveragelimitations. The C-3 zone does require that apartments must provide, at a minimum, 1,200 square feet of lot area for each dwelling unit. Minimum yard setbacks are 20 feet from front lot lines and 15 feet from side street lot lines. There are no minimum yard setbacks required for rear yards or interior side yards. The maximum allowed building height is 45 feet. Exhibit 1, Staff Report, Page 3; ACC 18.78.030; ACC 18.30.030(A); ACC 18.30.040; Testimony of Mr. Pilcher. 6. At the time of annexation, the Applicant intended to develop the site with a 625 unit mixed- use multi -family residential development and 71,600 square feet of commercial buildings. The residential development was to occur on the `upland bench' which encompassed the eastern portion of the property. The commercial area, bordering the East Valley Highway, was divided into two `lowland bench' portions - the North Commercial Bench and the South Commercial Bench. Exhibit 11, Ordinance 5373; Exhibit 20, Annexation Agreement; Testimony of Mr. Cheetham. 7. The residential development on the `upland bench' is currently under construction. The Belara Apartments (aka Terrace View Apartments) consist of 423 units and are anticipated to be completed by mid -2006. Additional surrounding land uses outside of the TVP consist of Lakeland South, a large single and multi -family residential development, to the east; a commercial construction business to the north; the East Valley Highway, Trillium stormwater pond, and undeveloped land is to the west; and undeveloped land to the south known as the South Commercial Bench. Exhibit 1, Staff Report, Pages 2-3; Exhibit 3a, Project Narrative; Testimony of Mr. Pilcher. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 4 of 13 8. There has been no commercial development within the TVP's two commercial benches. As required by ACC 18.78.040, development of commercial and multi -family areas is to be generally consistent with the site plan submitted as Exhibit A to Ordinance 5377, including the provision that commercial area must not exceed 10 acres. Any amendments to the site plan must be reviewed by the City Planning Director who is authorized to determine whether the amendment is a minor or major amendment to the original site plan. ACC 18.78.040; Exhibit 1, Staff Report, Page 3; Exhibit 18, Ordinance 5377; Exhibit 26, Urback Letter; Testimony of Ms. Urback. 9. The City Planning Director determined that the Applicant's amendment to the existing site plan, limiting commercial development to the South Commercial Bench and providing multi- family development on the North Commercial Bench, was a "minor" amendment because it did not increase the overall impacts of the proposed development. This determination was based on the Final Environmental Impact Statement for the TVP, which allowed for the development of 625 multi -family units within the district. The Belara Apartments consists of 423 units, 202 units less than was authorized by the FEIS. The construction of 59 multi- family units on land formerly designated for commercial development would not increase the impacts of the development. Exhibit 1, Staff Report, Page 3; Exhibit 17, Pre -Application Meeting; Testimony of Mr. Pilcher. 10. Pursuant to the SEPA, Pierce County acted as lead agency for review of environmental impacts caused by the Terrace View Park Preliminary Plat/Planned Development District. Pierce County issued a Final Environmental Impact Statement (FEIS) in May 1997. The County issued an addendum to the FEIS in September 1999 based on the finalization of street improvements, construction of a regional storm drainage system, on-site wetland mitigation, and impact fees (parks and schools). Section 4.3.3 of the Annexation Agreement states that "[T]errace View shall not be required to undertake or complete any further environmental review process by the City ... [unless] ... the [County's] environmental review ... is not adequate to address the specific impacts ... or ... federal or state statutes and regulations ... supersede." The City issued another addendum to the FEIS on October 24, 2005 recognizing that the current proposal for the subject property considered by the FEIS. The City determined that the current proposal was analyzed as an alternative under the prior environmental review process and was consistent with the FEIS. Exhibit 1, Staff Report, Pages 3, 5; Exhibit 3, Application - Project Narrative; Exhibit 9, EIS Addendum; Exhibit 11, Annexation Agreement, Page 7; Exhibit 17, Pre -Application Meeting Summary; Testimony of Mr. Pilcher. 11. The Applicant's design plan is for development of townhouses of up to four units in a common wall (two one-hour walls with sheet rock in between) structure that would maintain a zero interior side yard setback at these common walls. Units would be one to three bedrooms and range from approximately 1,200 to 1,600 square feet in size. The Applicant's target price range for each unit is $275,000 to $325,000. Each individual townhouse would be located on an individual lot, giving the subsequent buyer ownership in both the unit and the underlying land. The smallest proposed residential lot would be 1,518 square feet (Lot 46), while the largest would be 5,045 square feet (Lot 32). Overall density for the project is Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 5 of 13 approximately 9.5 units per acre. Exhibit 1, Staff Report, Page 3; Exhibit 4, Preliminary Plat Map; Exhibit 5, Proposed Site Plan; Exhibit 22, Applicant's Outline; Exhibits 24 and 25, Illustrative Photographs; Testimony of Mr. Pilcher; Testimony of Mr. Larson; Testimony of Mr. Cheetham. 12. The Applicant's design plan included off-street "visitor" parking. Parking is not required by the ACC but the Applicant provided it as an amenity for future residents because of the limited availability of on -street parking. The City's Traffic Engineer and the Dieringer School District expressed concern that the interior parking spaces may impact sight lines/distances at the two interior plat intersections. City Staff suggested that the Applicant reduce the number of parking stalls and that the stalls be angled to ease re-entry and promote sight lines. The Applicant stated that he is willing to modify the parking just so long as the total number of residential units is not affected. Exhibit 6, Pacific Design Letter; Exhibit 21, School District E-mail; Testimony of Mr. Pilcher; Testimony of Mr. Larson; Testimony of Mr. Cheetham. 13. The Pre -Annexation Agreement between Pierce County and the City of Auburn addressed the construction of regional infrastructure and facilities. Regional infrastructure and facilities covered by the Pre -Annexation Agreement included the design, right-of-way acquisition, and construction of several roadways including improvements to Lake Tapps Parkway, the East Valley Higway East, access ramps, intersections, bridges, pedestrian and bicycle facilities, and stormwater drainage facilities. Pursuant to the Pre -Annexation Agreement, Pierce County would retain full access to regional infrastructure and facilities in order to construct, operate, maintain, and reapir them. Exhibit 20, Pre -Annexation Agreement; Testimony of Ms. Urback 14. The proposed plat would be accessed from two points. Access from the south would be via Terrace View Drive SE, a minor arterial. The internal plat road intersection with Terrace View Drive SE would provide full ingress/egress but would not have a traffic control signal. Access from the west would be via the East Valley Highway, a principal arterial, at the northwest corner of the site. A new internal loop road would provide access to individual units. There would be no direct lot access from either Terrace View Drive SE or the East Valley Highway. Due to concerns about potential "cut -through traffic," conditions of approval include installation of a minimum of two traffic calming devices on both of the internal plat roads, Road A and Road B. Exhibit 1, Staff Report, Page 3; Exhibit 4, Preliminary Plat Map; Exhibit 6, Letter from Pacific Engineering; Testimony of Mr. Welsh. 15. Access from the East Valley Highway was originally designed to be restricted to an unsignalized right turn in/right turn out traffic pattern. The Dieringer School District stated that they would like buses to have the opportunity to turn either left or right at the East Valley Highway exit so as not to interfere with future bus route scheduling. In order to provide such access, Mr. Welsh testified that this intersection should be an unrestrictive access point. In light of this testimony, the City representative agreed to eliminate recommended Condition Number 11 which addressed the installation of C -curbing to restrict access. Exhibit 21; School District E-mail; Testimony of Mr. Pilcher; Testimony of Mr. Welsh. Findings, Conclusions, and Recommendation Hearing Examiner for Ciry of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 6 of 13 16. A Traffic Impact Analysis (TIA) for the development of Terrace View Park as a mixed-use commercial and residential development was prepared as part of the environmental review process required by Pierce County. The original TIA assumed a 71,600 square foot retail center and 692 multi -family units, generating approximately 10,220 daily trips, including 970 PM peak hour trips. According to the TIA, the Applicant's revised proposal seeks to replace the commercial development slated for the North Commercial Bench with 59 townhomes, thereby reducing the retail square foot to 25,000 and total multi -family units to 489 (430 apartments and 59 townhouses). Heffron Transportation Inc. (Heffron) reviewed the new proposal for traffic impacts and determined that due to the reduction in the project's size, that the number of trips that the project would generate would be substantially reduced from the original estitmate. Heffron concluded that the new proposal would generated approximately 6,000 daily trips, including 548 PM peak hour trips. Exhibit 3, Application —Attachment R 17. The Preliminary Plat Map denotes that a portion of Road B, permitting access from the East Valley Highway East, would be constructed at a 12% grade. Current City of Auburn road standards restrict the grade of a road to 6% but allow for a 12% grade subject to approval of a Deviation Request. During various meetings between the Applicant and the City, the City took the position that the Applicant would need to secure a plat modification in order to construct Road B at a 12% grade. The Applicant stated, and Ms. Urback concurred, that the Annexation Agreement between the City and the Applicant allows for the 12% grade outright. Section 4.5 - Fire Standards, of the Terrace View Petition for Annexation, Annexation Agreement, and Declaration of Covenant, executed by Auburn Ordiance 5373 (Annexation Agreement), specifically states: "[T]errace View can develop to maximum road grade of 12%." Exhibit 11, -Annexation Agreement, Page 9. Section 4.4.4 of the Annexaction Agreement states that "[A]ll other roads and road approaches ... shall meet or exceed the private road standards as set forth in the City of Auburn Design and Construction Standards in effect on the date of execution [of the Annexation Agreement]. Exhibit 11, Annexation Agreement, Page 8. A representative from the City's Transportation Department testified that at the time of execution, City standards allowed for a 12% grade with a possible deviation of up to 15%. In addition, Seciton 4.10.1 of the Annexation Agreement states that the City must recognize all development and building permits issued for the Terrace View Development by Pierce County. Pierce County issued Permit Number 296648 allowing for the construction of a minor road approach on to the East Valley Highway. Exhibit 11, Annexation Agreement, Page 16. Exhibit 4, Sheet 4 - Road B Profile; Exhibit 6, Letter from Pacific Engineering; Exhibit 7, Response Letter from Pacific Engineering; Exhibit 11, Ordinance 5373 and Annexaciton Agreement; Exhibit 26, Letter from Ms. Urback; Exhibit 19, Letter from Pierce County/Permits; Testimony of Mr. Pilcher; Testimony of Mr. Welsh; Testimony of Ms. Urback. 18. The City of Auburn's Parkland Dedication Policy assumes that subdivisions would result in a substantial increase in demand for parkland. Dedication of parkland, at a rates of 6.03 acres of parkland for each 1,000 residents, is required for subdivisions that create fifty or more dwelling units. Site design for the proposed plat shows seven open space tracts, one of which is a 51,387 square foot tract protecting wetlands and wetlands buffers in an undisturbed manner. The Applicant does not propose to utilize any of these tracts for recreation but Findings, Conclusions, and Recommendation Hearing Examiner far City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 7 of 13 rather these areas would be owned by a Homeowners' Association and landscaped. Pursuant to Section 4.6 of the Annexation Agreement, the Applicant, in lieu of land dedicatin, may pay the sum of $720.00 per multi -family unit, or a total of $42,480.00 for the proposed 59 dwelling units. The mitigation fee must be tendered to the City prior to metered water service connection by the City to the Terrace View Development. City Staff determined that given the size of the proposed plat, payment of the fee in lieu of land dedication was appropriate. ACC 17.12.260; Exhibit 1, Staff Report, Page 4; Exhibit 11, Ordinance 5373 — Petition for Annexation, Annexaction Agreement, and Declaration of Covenant, Section 4.6 Parks, Page 9; Testimony ofMr. Pilcher; Testimony of Mr. Cheetham. 19. Sanitary sewer service provided by the City of Auburn would serve the proposed multi- family residential development via an existing sewer line. Tract J is a 3,531 square foot parcel that currently contains a sanitary sewer pump station. The tract is to be dedicated to the City of Auburn for the operation and maintenance of the sewer pump station at the time of final plat approval. To provide security and visual/noise screening of the pump station, fencing and landscaping of Tract J would be required. Conditions of approval require the Applicant to perform decibel readings to determine if additional sound attenuation measures are required to be implemented. Exhibit 1, Staff Report, pages 4, 6; Exhibit 3a, Project Narrative; Exhibit 4, Preliminary Plat Maps, Sheets I and 6; Exhibit 10, Planting Plan; Exhibit 22, Applicant's Outline; Testimony of Mr. Pilcher, Testimony of Mr. Larson; Testimony of Mr. Husky. 20. Water provided by the City of Auburn would serve the proposed multi -family residential development. A tract of land and existing easements for a water pump station on the western portion of the site, in the location of proposed Lots 22, 23, 24, and 25, were conveyed to the City by the Applicant in order to provide water service for development to the east of the subject property. The City has not yet developed this site. As an option available to the City, the Applicant proposed to dedicate Tract D, a 6,976 square foot parcel at the southeast corner of the site, to the City in order to provide for the water pump station. The City has agreed to release its interest in the existing tract and apprutenant easments prior to final plat approval in exchange for a fee simple title to Tract D. Exhibit 1, Staff Report, Pages 3-4, 6; Exhibit 4, Preliminary Plat, Sheets 1, 5, and 6; Exhibit 6, Pacific Design Letter; Exhibit 22; Applicant's Outline; Testimony of Mr. Pilcher; Testimony of Mr. Larson; Testimony ofMr. Husky. 21. Relocation of the proposed water pump station would impact an existing 15 -foot private stormwater easement, recorded under Pierce County Auditor No. 200406220478, that is located along the southern boundary of the site. The easement provides a "clean" stormwater line from the Belara Apartments. Due to the placement of the pump station, the easement would have to be relocated south into the existing right-of-way. The City has accepted this relocation, recommending it as a condition of approval. Exhibit 1, Staff Report, Page 2; Exhibit 4, Prelimary Plat, Sheets 1, 5, 6, and 9; Exhibit 6, Pacific Design Letter; Testimony ofMr. Pilcher; Testimony ofMr. Husky. 22. There is a 10 -foot Puget Sound Energy (PSE) easement, recorded under Pierce County Auditor No. 200507150653, that is located along the southern boundary and a portion of the western boundary of the site. Exhibit 4, Preliminary Plat. Findings, Conclusions, and Recommendation Hearing Examiner for City ofAuburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 8 of 13 23. As part of the Pre-Annexaction Agreement, Pierce County and the Applicant agreed on the use of the "Trillium Stormwater Facility," a regional stormwater facility providing stormwater detention and water quality treatment facilities, for the discharge of stormwater from the subject property. Part of the agreement requires the Applicant to construct and maintain an on-site oil/water separator system at the points of discharge into the main trunk line conveyance system for the purpose of screening oils from the runoff and stormwater collected on the subject property. Exhibit 1, Staff Report, Page 4; Exhibit 3, Application — Attachment A; Exhibit 20, Pre -Annexation Agreement, Exhibit D. 24. There is a 1.18 acre wetland on the northern portion of the site. The wetland, contained within Tract A, is 51,387 square feet in area and is vegetated with trees, scrub, and shrub. Enhancement of this wetland was done in accordance with the Buffer Enhancement Plan of Terrace View Planned Development (1995) and the Planting and Monitoring Report (2003), collectively referred to as the "Buffer Mitigation Plan" and identified under the Wetland Memorandum of Agreement (Wetland Agreement) recorded with Pierce County. In order to protect the wetland, the Wetland Agreement required the Applicant maintain the area in its natural, undistrubed state in perpetuity, to provide a 50 foot protective buffer, and to provide an eight foot building setback from the edge of the buffer. In addition, prior to the construction of any building, the Applicant was to place fencing and signage at the boundary of Tract A. The Wetland Agreement was satisfied in June 2005. Exhibit 1, Staff Report, Page 4; Exhibit 4, Prelimary Plat, Sheet 1; Exhibit 8, Urback Letter; Exhibit 22, Applicant's Outline. 25. The plat would be served by facilities within the Dieringer School District (the School District). In Washington State, ample provision for the education of children is a paramount duty of the state.' This requirement is further stated in the laws of the State and City. RCW 58.17.110 requires that subdivisions make appropriate provisions for the general welfare of the community, including provisions for schools and for safe walking conditions for students. RCW 36.70A.020(12) mandates that when a county plans for growth, it is to ensure that public services, such as schools, that are necessary to support development are adequate to serve the development. ACC 17.05.070 states that a subdivision must make adequate provisions for the general welfare, including schools. ACC 19.02 authorizes the City of Auburn to collect school impact fees on behalf of the School District. Pursuant to ACC 19.02.110, the 2006 impact fee for the Deiringer School District for a single family unit is $3,500.00 or $739.00 for a multi -family unit and is due at the time of building permit application. Exhibit 1, Staff Report, Page 4; Exhibit 21, School District Comments; RCW 58.17.110; RCW 36.70A. 020; ACC 17.05; ACC 19.02. 26. City of Auburn Comprehensive Plan Goals and Policies that apply to the proposal include, but are not limited to, the following: Chapter 3, Land Use, Goal 7 (emphasize a mix of housing types appropriate for a family-oriented community, including appropiately located higher density); Land Use, Objective 7.1, Policy LU -15 (multiple family development of not more than 20 units per acre; located near shopping and other services); Land Use, Objective ' Washington State Constitution, Art. 9, §1 Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 9 of 13 7.3, Policy LU -20 (encourage compact development; protection of critical areas); Land Use, Objective 7.5, Policy LU -31 (multi -family developments located to necessary support facilities); Chapter 4, Housing, Goal 7 (residential development — family oriented communites); Housing, Goal 22 (design and visual quality through appropriate standards); Chapter 9, Environment, Goal 18 (maintain and promote a healthy environment); Environment, Objective 18.1 (enhance and maintain ground and surface waters; stormwater drainage regulation; BMPs); Objective 18.3 (enhance and maintain quality of landthabitat); and Objective 18.4 (enhance and maintain the quality of important wetland resources). The Annexation Agreement was found to be in conformity to the City's Comprehensive Plan. Exhibit 11, Ordinance 5375. 27. The City received no public comments, written or oral, on the proposed plat. 28. Notice of the. public hearing was posted on the subject property on December 30, 2005. Notice was mailed to property owners within 300 feet of the subject property on December 29, 2005. Notice was published in the King County Journal on December 29, 2005. Exhibits 13, 14, 15, and 16; Testimony of Mr. Pilcher 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. Criteria for Preliminary Plat Review Pursuant to ACC 17.06.070, for a preliminary plat application to be approved, the Applicant 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; 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; Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 10 of 13 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. 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 Applicant has made provisions for streets with sidewalks for pedestrian safety, including safe walking for school children. Conditions of approval will provide for traffic calming devices to provide safety within the plat and modification to off-street parking will ensure sight lines for drivers and pedestrians are not impacted. An internally loop road with two access points will ensure traffic flow and emergency vehicle access. The development will be served by City water and sanitary sewer. The proposed development will utilize Pierce County's regional stormwater facilities, Trillium Pond. All stormwater will be collected and conveyed to these facilities. The Applicant has provided landscaped open space and the preservation of 1.18 acres of wetland and wetland buffers. School impacts fees will address impacts to the Dieringer School District. Park impact fees will be paid to the City of Auburn in lieu of land dedication within the plat. Findings of Fact Nos. 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 23, 24, and 25. 2. The subdivision would conform to the general purposes of the City of Auburn Comprehensive Plan. The subdivision would be consistent with the goals, objectives, and policies of the City's Comprehensive Plan. Finding of Fact No. 26. 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 the TV zoning district standards. The plans and policies of the City of Auburn are included in Ordinance 5373 and Ordinance 5377 which adopted and executed the annexation of the subject property and the underlying zoning district provided for in ACC 18.78. Findings of Fact Nos. 3, 4, 5, 8, 9, 13, and 28. 4. With conditions, potential environmental impacts of the proposed subdivision would be mitigated. Compliance with the conditions the FEIS will ensure that adverse impacts are mitigated to a point of non -significance. The Applicant completed enhancement of the wetland area contained on the site in accordance with the "Buffer Mitigation Plan" as identified under the Wetland Memorandum of Agreement (Wetland Agreement). The development will be served by City water and sanitary sewer, thereby protecting ground and surface water quality and quantity. Stormwater facilities will collect and convey stormwater to a regional treatment facility. Pursuant to the Annexation Agreement, the Applicant is required to maintain an on-site oil/water separator system at the points of discharge into the main trunk line conveyance system for the purpose of screening oils from the runoff and Findings, Conclusions, and Recommendation Nearing Examiner for City ofAuburn Terrace View Townhomes, Preliminary Plat PL T05-0003 page I1 of 13 stormwater collected on the subject property. Traffic analysis has demonstrated a reduction in the amount of traffic generated from the prior proposal, thereby reducing air pollution. Impacts to schools and parks will be addressed via the payment of impact fees. Landscaping of utility stations should ameliorate noise generated by the facility. Conditions of approval require decibel readings to ensure that the adjacent homeowners are not adversely impacted. Findings of Fact Nos. 9, 10, 15, 16, 18, 19, 20, 21, 23, 24, and 25. 5. The subdivision will not create or contribute to public nuisances. Public Nuisances are addressed generally throughout the ACC and are addressed directly in ACC 8.12. A public nuisance affects public health and property values by creating visual blight, harboring rodents and/or bests, or creating unsafe pedestrian and traffic situations. Compliance with City design standards for road safety (traffic calming devices, width, sidewalks, and visibility) will ensure safe pedestrian and traffic access within the development. The Applicant must conduct decibel readings for the sanitary sewer pump station to ensure that sound is not at unacceptable levels. As conditioned, the development of a Homeowners' Association and the associated Covenants, Conditions, and Restrictions will ensure that visual blights and dangers to public health are reduced/eliminated, thereby promoting both general public welfare and property values. Findings of Fact Nos. 12, 13, 14, 15, and 19. 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 approximately 6.042 acres into 59 lots for development of attached townhomes, open space tracts, utility tracts, and a storm water tract in Auburn, Washington should be APPROVED, subject to the following conditions: 1. Prior to final plat approval, the Applicant shall provide the City of Auburn with fee simple title to Tract D, the proposed Water Booster Pump Station Tract. The City shall release its interest in the existing Water Booster Pump Station Tract and any appurtenant easements. On the face of the final plat, the Applicant shall dedicate to the City of Auburn Tract J, the Sanitary Sewer Pump Station Tract. 2. Prior to final plat approval, the Applicant shall relocated the `clean' stormwater line from the Belara Apartments (east of the subject property) in order to provide a 10 foot separation from the proposed Water Booster Pump Station building. The Applicant shall also dedicate water utility easements as necessary to connect the Water Booster Pump Station and appurtenant facilities to the City water system. All plans and easement revisions shall be approved by the City Engineer. 3. Tract D and Tract J shall be designed in substantial conformance with the conceptual "Planting Plan" prepared by Johanson Braund Design Group, received the by City on December 22, 2005, and entered into the record as Exhibit 10. Landscaping shall either be installed or future installation secured through a performance bond prior to final plat approval. Findings, Conclusions, and Recommendation Hearing Examiner for City ofAuburn Terrace View Townhomes, Preliminary Plat PL T05-0003 page 12 of 13 4. Prior to final plat approval, the Applicant shall conduct decibel readings for the Sanitary Sewer Pump Station generator to determine the need to address sound attenuation. If necessary, measures shall be implemented to attenuate noise impacts as directed by the City Engineer. 5. All streets within the plat shall be designed to local residential street standards and dedicated to the public, provided that the City Engineer may entertain a deviation request to allow for angled parking stalls within the plat. 6. All on-site road system improvements for the East Valley Highway required by Section 4.4 of the Annexation Agreement executed by Ordinance 5373 shall be completed. 7. A minimum of two traffic calming devices shall be installed on each internal plat road (Road A and Road B) prior to final plat approval. The exact type and location of the calming decides shall be approved by the City Traffic Engineer. 8. Proposed Conditions, Covenants, and Restrictions (CC&Rs) for the future Homeowners' Association shall be submitted for review and approval by City Staff prior to final plat approval. The CC&Rs shall specify the financial means which will provide for the maintenance of all common open spaces. 9. Tract A shall be maintained as a wetland and wetland buffer, in perpetuity, pursuant to the Mitigation Plan previously approved by Pierce County. Prior to the construction of any buildings, approved fencing and signage shall be placed on the border of the wetland within the developed portion of the plat to prevent homeowner encroachment in the wetland area. 10. Prior to the issuance of building permits and the connection of the proposed plat to metered water service, the Applicant shall pay a park impact mitigation fee of $720 per lot/unit. 11. On and off-street visitor parking shall be provided in a manner approved by the City Traffic Engineer. 12. The Applicant shall comply with all mitigation measures set forth in the FEIS, issued May 1997, and all subsequent addendums to the FEIS. DECIDED this day of January, 2006. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 DRISCOLL & HUNTER Hearing Examiner for City of Auburn By: ames M. Driscol page 13 of 13 RESOLUTION NO. 3932 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A PRELIMINARY PLAT APPLICATION TO SUBDIVIDE 6.04 ACRES INTO FIFTY—NINE LOTS FOR FUTURE RESIDENTIAL DEVELOPMENT, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. PLT05-0003, dated October 14, 2005, has been submitted to the City of Auburn, Washington, by Terrace View Properties, LLC, requesting approval of a preliminary plat application to subdivide 6.04 acres into fifty—nine (59) lots for future townhouse residential development, open space, and street and utility tracts 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 January 10, 2006, of which the Hearing Examiner recommended approval of the preliminary plat on January 31, 2006 ; and WHEREAS, the City Council, on February 21, 2006 considered and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the Findings of Fact, Conclusions and Recommendation which is attached hereto as Exhibit "A", Section 1. The Hearing Examiner's Findings, Conclusions and Recommendation attached hereto as Exhibit "A" are herewith approved and incorporated in this Resolution. Resolution 3932 Exhibit 18 February 15, 2006 Page 1 of 4 _ Section 2. The request for preliminary plat approval to subdivide 6.04 acres into fifty—nine (59) lots for future residential development, open space and street and utility tracts within the City of Auburn, legally described in Exhibit "B" attached hereto and incorporated herein by this reference, is hereby approved subject to the following conditions: 1. Prior to final plat approval, the Applicant shall provide the City of Auburn with fee simple title to Tract D, the proposed Water Booster Pump Station Tract. The City shall release its interest in the existing Water Booster Pump Station Tract and any appurtenant easements. On the face of the final plat, the Applicant shall dedicate to the City of Auburn Tract J, the Sanitary Sewer Pump Station Tract. 2. Prior to final plat approval, the Applicant shall relocated the 'clean' stormwater line from the Belara Apartments (east of the subject property) in order to provide a 10 foot separation from the proposed Water Booster Pump Station building. The Applicant shall also dedicate water utility easements as necessary to connect the Water Booster Pump Station and appurtenant facilities to the City water system. All plans and easement revisions shall be approved by the City Engineer. 3. Tract D and Tract J shall be designed in substantial conformance with the conceptual "Planting Plan" prepared by Johanson Braund Design Group, received the by City on December 22, 2005, and entered into the record as Exhibit 10. Landscaping shall either be installed or future installation secured through a performance bond prior to final plat approval. 4. Prior to final plat approval, the Applicant shall conduct decibel readings for the Sanitary Sewer Pump Station generator to determine the need to address sound attenuation. If necessary, measures shall be implemented to attenuate noise impacts as directed by the City Engineer. 5. All streets within the plat shall be designed to local residential street standards and dedicated to the public, provided that the City Engineer may entertain a deviation request to allow for angled parking stalls within the plat. Resolution 3932 February 15, 2006 Page 2 of 4 6. All on-site road system improvements for the East Valley Highway required by Section 4.4 of the Annexation Agreement executed by Ordinance 5373 shall be completed. 7. A minimum of two traffic calming devices shall be installed on each internal plat road (Road A and Road B) prior to final plat approval. The exact type and location of the calming decides shall be approved by the City Traffic Engineer. 8. Proposed Conditions, Covenants, and Restrictions (CC&Rs) for the future Homeowners' Association shall be submitted for review and approval by City Staff prior to final plat approval. The CC&Rs shall specify the financial means which will provide for the maintenance of all common open spaces. 9. Tract A shall be maintained as a wetland and wetland buffer, in perpetuity, pursuant to the Mitigation Plan previously approved by Pierce County. Prior to the construction of any buildings, approved fencing and signage shall be placed on the border of the wetland within the developed portion of the plat to prevent homeowner encroachment in the wetland area. 10. Prior to the issuance of building permits and the connection of the proposed plat to metered water service, the Applicant shall pay a park impact mitigation fee of $720 per lot/unit. 11. On and off-street visitor parking shall be provided in a manner approved by the City Traffic Engineer. 12.The Applicant shall comply with all mitigation measures set forth in the FEIS, issued May 1997, and all subsequent addendums to the FEIS. 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 2006. Resolution 3932 February 15, 2006 Page 3 of 4 CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution 3932 February 15, 2006 Page 4 of 4 BEFORE THE HEARING EXAMINER OF THE CITY OF AUBURN In the Matter of the Application of ) NO. PLT05-0003 Jon Cheetham, Terrace View Properties, LLC ) TERRACE VIEW TOWNHOMES For Preliminary Plat ) FINDINGS, CONCLUSIONS, AND RECOMMENDATION SUMMARY OF RECOMMENDATION A preliminary plat to subdivide approximately 6.042 acres into 59 lots for the future development of attached townhouses, open space tracts, and a water booster pump station tract in Auburn, Washington should be GRANTED, subject to conditions. SUMMARY OF RECORD Reguests Jon Cheetham of Terrace View Properties LLC, represented by Lou Larson of Pacific Engineering Design LLC (Applicant), requested approval of a preliminary plat application to subdivide approximately 6.042 acres into 59 lots for the future development of attached townhouses, seven open space tracts, including one for the protection of a wetland and its associated buffer, and a water booster pump station tract. The subject property is located north of the Lake Tapps Highway (8a' Street E), east of the East Valley Highway, at the northeast corner of Terrace View Drive. Hearing Date Pursuant to the requirements of RCW 36.7013, an "open record" hearing was held before the Hearing Examiner of the City of Auburn on January 10, 2006. The official record of the hearing was left open for the submittal of supplemental documentation requested by the Hearing Examiner. The requested documentation was submitted and the record was closed on January 17, 2006. Testimonv At the open record hearing, the following individuals presented testimony under oath: Steve Pilcher, City of Auburn Planning Department Joseph Welsh, City of Auburn, Transportation Planner Walt Wojeck, City of Auburn, Development Review Dwayne Husky, City of Auburn, Utility Engineer Jon Cheetham, Terrace View Properties LLC Lou Larson, Pacific Engineering Design LLC Mary Urback, Drafting Attorney — Annexation Agreement Exhibit "A" Findings, Conclusions, and Recommendation Resolution No. 3932 Hearing Examinerfor City ofAuburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page I of 13 Exhibits At the hearing the following exhibits were submitted as part of the record of this proceeding: Exhibit l Staff Report Exhibit 2 Vicinity Map Exhibit 3 Preliminary Plat Application with attachments Attachment A: Project Narrative Attachment B: Memo from Heffron Transportation Inc., dated October 4, 2005 Exhibit 4 Site Plans — 9 Sheets including utilities, road, easement, booster/pump station, and sight distances, dated November 21, 2005 Exhibit 5 Proposed Site Plan Exhibit 6 Letter from Pacific Engineering Design to Steve Pilcher, Auburn Planning Department, dated December 22, 2005 Exhibit 7 Letter from Pacific Engineering Design to Steve Pilcher, Auburn Planning Department, dated November 22, 2005 Exhibit 8 Letter from Mary Urback to Carla Vincent, Pierce County Planning & Land Services, dated June 1, 2005 Exhibit 9 Addendum to Final Environmental Impact Statement for Terrace View Park Preliminary Plat/Planned Development District, issued October 24, 2005 Exhibit 10 Planting Plan, prepared by Johnson Braund Design Group Inc., received by City December 22, 2005 Exhibit 11 City of Auburn Ordinance 5373 — Execution of Annexation, Annexation Agreement, and Declaration of Covenant, passed April 17, 2000 Exhibit 12 Notice of Application Exhibit 13 Notice of Public Hearing Exhibit 14 Affidavit of Posting Exhibit 15 Affidavit of Mailing Exhibit 16 Confirmation of Publication of Notice of Public Hearing Exhibit 17 Pre -Application Meeting Summary with decision of Auburn Planning Director as to Minor Adjustment to Terrace View Site Plan, dated August 1, 2005 Findings, Conclusions, and Recommendation Hearing Examiner for City• ofAuburn Terrace View Townhomes, Preliminary Plat PLTO5-0003 page 2 of 13 Exhibit 18 City of Auburn Ordinance 5377 — Terrace View Zoning Requirements and Development Standards, passed May 1, 2000; Ordinance 5392 — Amendment to Ordinance 5377, passed May 15, 2000 Exhibit 19 Letter from John Trent, Pierce County Public Works and Utilities, to Terrace View Properties LLC, dated July 9, 1999 Exhibit 20 Statutory Warranty Deed and 2000 Pre -Annexation Agreement between Pierce County and the City of Auburn relating to regional infrastructure and facilities Exhibit 21 E-mail from Dieringer School District, dated July 10, 2005 Exhibit 22 Terrace View Townhomes Preliminary Plat Discussion Outline Exhibit 23 Proposed Site Plan, colorized Exhibit 24 Color Photograph of Townhomes, for illustrative purposes only Exhibit 25 Color Photograph of Townhomes, for illustrative purposes only Exhibit 26 Letter from Mary Urback, Attorney to City of Auburn Hearings Examiner, dated January 13, 2006 Exhibit 27 Order Closing the Record 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 requested approval of a preliminary plat to subdivide approximately 6.042 acres into 59 fee -simple lots for the future development of attached townhomes, seven open space tracts, and a water booster pump station. The subject property is located north of the Lake Tapps Parkway (8`h Street East), east of the East Valley Highway, at the northeast corner of Terrace View Drive in Auburn, Washington. The site is formally referred to as the "North Commercial Bench" of the Terrace View Park Planned Development District. The subject property is identified by Pierce County Tax Assessor's Number 0520062048. Exhibit 1, Staff Report, Pages 1-3; Exhibit 2, Vicinity Map; Exhibit 3, Plat Application, Page 5 and Project Narrative; Testimony of Mr. Pilcher. 2. Although the site has been graded in the past, it is currently vacant. The parcel slopes upwards from the East Valley Highway and then flattens over the majority of the site. Vegetation consists solely of grasses, invasive shrubs, and small trees. There are no significant trees located on the site. Exhibit 3, Plat Application, Project Narrative. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 3 of 13 3. The subject property is part of the Terrace View Park Planned Development District (TVP), which is comprised of three parcels of land, totaling 52.66 acres. The TVP was annexed by the City of Auburn in 2000. Exhibit 11, Ordinance 5373. Pursuant to the Annexation Agreement, zoning for the subject property was assigned by a separate action of the City Council. In April 2000, the City Council adopted Ordinance 5377, which assigned the TVP the Terrace View (TV) Zoning District, ACC 18.78. Exhibit 18, Ordinance 5377. 4. Pursuant to Auburn Ordinance 5377, the TV zone was created to establish zoning requirements and design standards exclusively for the 52.66 acres of land known as "Terrace View Annexation Area." The TV zoning district is a modified version of the C-3 Heavy Commercial zoning district and reflects both the City's Comprehensive Plan and Pierce County zoning provisions and project submittals. Except for the noted modifications, all other provisions of the C-3 zoning district apply to the TV zone. Modifications include: (1) multi -family projects are permitted outright; (2) parking for recreational vehicles is not required so long as a there is a perpetual restrictive covenant recorded against the property that prohibits recreational vehicle parking in the multi -family complex. Exhibit 1, Staff Report, Pages 1-3; Exhibit 18, Ordinance 5377; ACC Chapter 18.78; ACC 18.78.030; Testimony of Mr. Pilcher; Testimony of Ms. Urback. 5. The preliminary plat application was reviewed for compliance with the TV zoning district standards, ACC 18.78. Multi -family residential development is an outright permitted use in the TV district. The TV district, utilizing the C-3 zone development standards, does not require a minimum lot size or minimum lot width or set lot coverage limitations. The C-3 zone does require that apartments must provide, at a minimum, 1,200 square feet of lot area for each dwelling unit. Minimum yard setbacks are 20 feet from front lot lines and 15 feet from side street lot lines. There are no minimum yard setbacks required for rear yards or interior side yards. The maximum allowed building height is 45 feet. Exhibit 1, Staff Report, Page 3; ACC 18.78.030; ACC 18.30.030(A); ACC 18.30.040; Testimony of Mr. Pilcher. 6. At the time of annexation, the Applicant intended to develop the site with a 625 unit mixed- use multi -family residential development and 71,600 square feet of commercial buildings. The residential development was to occur on the `upland bench' which encompassed the eastern portion of the property. The commercial area, bordering the East Valley Highway, was divided into two `lowland bench' portions - the North Commercial Bench and the South Commercial Bench. Exhibit 11, Ordinance 5373; Exhibit 20, Annexation Agreement; Testimony of Mr. Cheetham. 7. The residential development on the `upland bench' is currently under construction. The Belara Apartments (aka Terrace View Apartments) consist of 423 units and are anticipated to be completed by mid -2006. Additional surrounding land uses outside of the TVP consist of Lakeland South, a large single and multi -family residential development, to the east; a commercial construction business to the north; the East Valley Highway, Trillium stormwater pond, and undeveloped land is to the west; and undeveloped land to the south known as the South Commercial Bench. Exhibit 1, Staff Report, Pages 2-3; Exhibit 3a, Project Narrative; Testimony of Mr. Pilcher. Findings, Conclusions, and Recommendation Hearing Examiner for City ofAuburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 4 of 13 8. There has been no commercial development within the TVP's two commercial benches. As required by ACC 18.78.040, development of commercial and multi -family areas is to be generally consistent with the site plan submitted as Exhibit A to Ordinance 5377, including the provision that commercial area must not exceed 10 acres. Any amendments to the site plan must be reviewed by the City Planning Director who is authorized to determine whether the amendment is a minor or major amendment to the original site plan. ACC 18.78.040; Exhibit 1, Staff Report, Page 3; Exhibit 18, Ordinance 5377; Exhibit 26, Urback Letter; Testimony of Ms. Urback. 9. The City Planning Director determined that the Applicant's amendment to the existing site plan, limiting commercial development to the South Commercial Bench and providing multi- family development on the North Commercial Bench, was a "minor" amendment because it did not increase the overall impacts of the proposed development. This determination was based on the Final Environmental Impact Statement for the TVP, which allowed for the development of 625 multi -family units within the district. The Belara Apartments consists of 423 units, 202 units less than was authorized by the FEIS. The construction of 59 multi- family units on land formerly designated for commercial development would not increase the impacts of the development. Exhibit 1, Staff Report, Page 3; Exhibit 17, Pre -Application Meeting; Testimony of Mr. Pilcher. 10. Pursuant to the SEPA, Pierce County acted as lead agency for review of environmental impacts caused by the Terrace View Park Preliminary Plat/Planned Development District. Pierce County issued a Final Environmental Impact Statement (FEIS) in May 1997. The County issued an addendum to the FEIS in September 1999 based on the finalization of street improvements, construction of a regional storm drainage system, on-site wetland mitigation, and impact fees (parks and schools). Section 4.3.3 of the Annexation Agreement states that "[T]errace View shall not be required to undertake or complete any further environmental review process by the City ... [unless] ... the [County's] environmental review ... is not adequate to address the specific impacts ... or ... federal or state statutes and regulations ... supersede." The City issued another addendum to the FEIS on October 24, 2005 recognizing that the current proposal for the subject property considered by the FEIS. The City determined that the current proposal was analyzed as an alternative under the prior environmental review process and was consistent with the FEIS. Exhibit 1, Staff Report, Pages 3, 5; Exhibit 3, Application - Project Narrative; Exhibit 9, EIS Addendum; Exhibit 11, Annexation Agreement, Page 7; Exhibit 17, Pre -Application Meeting Summary; Testimony of Mr. Pilcher. 11. The Applicant's design plan is for development of townhouses of up to four units in a common wall (two one-hour walls with sheet rock in between) structure that would maintain a zero interior side yard setback at these common walls. Units would be one to three bedrooms and range from approximately 1,200 to 1,600 square feet in size. The Applicant's target price range for each unit is $275,000 to $325,000. Each individual townhouse would be located on an individual lot, giving the subsequent buyer ownership in both the unit and the underlying land. The smallest proposed residential lot would be 1,518 square feet (Lot 46), while the largest would be 5,045 square feet (Lot 32). Overall density for the project is Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 5 of 13 approximately 9.5 units per acre. Exhibit 1, Staff Report, Page 3; Exhibit 4, Preliminary Plat Map; Exhibit 5, Proposed Site Plan; Exhibit 22, Applicant's Outline; Exhibits 24 and 25, Illustrative Photographs; Testimony of Mr. Pitcher; Testimony of Mr. Larson; Testimony of Mr. Cheetham. 12. The Applicant's design plan included off-street "visitor" parking. Parking is not required by the ACC but the Applicant provided it as an amenity for future residents because of the limited availability of on -street parking. The City's Traffic Engineer and the Dieringer School District expressed concern that the interior parking spaces may impact sight lines/distances at the two interior plat intersections. City Staff suggested that the Applicant reduce the number of parking stalls and that the stalls be angled to ease re-entry and promote sight lines. The Applicant stated that he is willing to modify the parking just so long as the total number of residential units is not affected. Exhibit 6, Pacific Design Letter; Exhibit 21, School District E-mail; Testimony of Mr. Pitcher; Testimony of Mr. Larson; Testimony of Mr. Cheetham. 13. The Pre -Annexation Agreement between Pierce County and the City of Auburn addressed the construction of regional infrastructure and facilities. Regional infrastructure and facilities covered by the Pre -Annexation Agreement included the design, right-of-way acquisition, and construction of several roadways including improvements to Lake Tapps Parkway, the East Valley Higway East, access ramps, intersections, bridges, pedestrian and bicycle facilities, and stormwater drainage facilities. Pursuant to the Pre -Annexation Agreement, Pierce County would retain full access to regional infrastructure and facilities in order to construct, operate, maintain, and reapir them. Exhibit 20, Pre Annexation Agreement; Testimony of Ms. Urback. 14. The proposed plat would be accessed from two points. Access from the south would be via Terrace View Drive SE, a minor arterial. The internal plat road intersection with Terrace View Drive SE would provide full ingress/egress but would not have a traffic control signal. Access from the west would be via the East Valley Highway, a principal arterial, at the northwest comer of the site. A new internal loop road would provide access to individual units. There would be no direct lot access from either Terrace View Drive SE or the East Valley Highway. Due to concerns about potential "cut -through traffic," conditions of approval include installation of a minimum of two traffic calming devices on both of the internal plat roads, Road A and Road B. Exhibit 1, Staff' Report, Page 3; Exhibit 4, Preliminary Plat Map; Exhibit 6, Letter from Pacific Engineering; Testimony of Mr. Welsh. 15. Access from the East Valley Highway was originally designed to be restricted to an unsignalized right turn in/right turn out traffic pattern. The Dieringer School District stated that they would like buses to have the opportunity to turn either left or right at the East Valley Highway exit so as not to interfere with future bus route scheduling. In order to provide such access, Mr. Welsh testified that this intersection should be an unrestrictive access point. In light of this testimony, the City representative agreed to eliminate recommended Condition Number 11 which addressed the installation of C -curbing to restrict access. Exhibit 21; School District E-mail; Testimony of Mr. Pilcher; Testimony of Mr. Welsh. Findings, Conclusions, and Recommendation Hearing Exam finer for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 6 of 13 16. A Traffic Impact Analysis (TIA) for the development of Terrace View Park as a mixed-use commercial and residential development was prepared as part of the environmental review process required by Pierce County. The original TIA assumed a 71,600 square foot retail center and 692 multi -family units, generating approximately 10,220 daily trips, including 970 PM peak hour trips. According to the TIA, the Applicant's revised proposal seeks to replace the commercial development slated for the North Commercial Bench with 59 townhomes, thereby reducing the retail square foot to 25,000 and total multi -family units to 489 (430 apartments and 59 townhouses). Heffron Transportation Inc. (Heffron) reviewed the new proposal for traffic impacts and determined that due to the reduction in the project's size, that the number of trips that the project would generate would be substantially reduced from the original estitmate. Heffron concluded that the new proposal would generated approximately 6,000 daily trips, including 548 PM peak hour trips. Exhibit 3, Application —Attachment B. 17. The Preliminary Plat Map denotes that a portion of Road B, permitting access from the East Valley Highway East, would be constructed at a 12% grade. Current City of Auburn road standards restrict the grade of a road to 6% but allow for a 12% grade subject to approval of a Deviation Request. During various meetings between the Applicant and the City, the City took the position that the Applicant would need to secure a plat modification in order to construct Road B at a 12% grade. The Applicant stated, and Ms. Urback concurred, that the Annexation Agreement between the City and the Applicant allows for the 12% grade outright. Section 4.5 - Fire Standards, of the Terrace View Petition for Annexation, Annexation Agreement, and Declaration of Covenant, executed by Auburn Ordiance 5373 (Annexation Agreement), specifically states: "[T]errace View can develop to maximum road grade of 12%." Exhibit 11, .Annexation Agreement, Page 9. Section 4.4.4 of the Annexaction Agreement states that "[A]ll other roads and road approaches ... shall meet or exceed the private road standards as set forth in the City of Auburn Design and Construction Standards in effect on the date of execution [of the Annexation Agreement]. Exhibit 11, Annexation Agreement, Page 8. A representative from the City's Transportation Department testified that at the time of execution, City standards allowed for a 12% grade with a possible deviation of up to 15%. In addition, Seciton 4. 10.1 of the Annexation Agreement states that the City must recognize all development and building permits issued for the Terrace View Development by Pierce County. Pierce County issued Permit Number 296648 allowing for the construction of a minor road approach on to the East Valley Highway, Exhibit 11, Annexation Agreement, Page 16. Exhibit 4, Sheet 4 - Road B Profile; Exhibit 6, Letter from Pacific Engineering; Exhibit 7, Response Letter from Pacific Engineering; Exhibit 11, Ordinance 5373 and Annexaciton Agreement; Exhibit 26, Letter from Ms. Urback,• Exhibit 19, Letter from Pierce County/Permits; Testimony of Mr. Pilcher; Testimony of Mr. Welsh; Testimony of Ms. Urback. 18. The City of Auburn's Parkland Dedication Policy assumes that subdivisions would result in a substantial increase in demand for parkland. Dedication of parkland, at a rates of 6.03 acres of parkland for each 1,000 residents, is required for subdivisions that create fifty or more dwelling units. Site design for the proposed plat shows seven open space tracts, one of which is a 51,387 square foot tract protecting wetlands and wetlands buffers in an undisturbed manner. The Applicant does not propose to utilize any of these tracts for recreation but Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 7 of 13 rather these areas would be owned by a Homeowners' Association and landscaped. Pursuant to Section 4.6 of the Annexation Agreement, the Applicant, in lieu of land dedicatin, may pay the sum of $720.00 per multi -family unit, or a total of $42,480.00 for the proposed 59 dwelling units. The mitigation fee must be tendered to the City prior to metered water service connection by the City to the Terrace View Development. City Staff determined that given the size of the proposed plat, payment of the fee in lieu of land dedication was appropriate. ACC 17.12.260; Exhibit 1, Staff Report, Page 4; Exhibit 11, Ordinance 5373 — Petition for Annexation, Annexaction Agreement, and Declaration of Covenant, Section 4.6 Parks, Page 9; Testimony of Mr. Pilcher; Testimony ofMr.,Cheetham. 19. Sanitary sewer service provided by the City of Auburn would serve the proposed multi- family residential development via an existing sewer line. Tract J is a 3,531 square foot parcel that currently contains a sanitary sewer pump station. The tract is to be dedicated to the City of Auburn for the operation and maintenance of the sewer pump station at the time of final plat approval. To provide security and visual/noise screening of the pump station, fencing and landscaping of Tract J would be required. Conditions of approval require the Applicant to perform decibel readings to determine if additional sound attenuation measures are required to be implemented. Exhibit 1, Staff Report, pages 4, 6; Exhibit 3a, Project Narrative; Exhibit 4, Preliminary Plat Maps, Sheets 1 and 6; Exhibit 10, Planting Plan; Exhibit 22, Applicant's Outline; Testimony of Mr. Pilcher, Testimony of Mr. Larson; Testimony of Mr. Husky. 20. Water provided by the City of Auburn would serve the proposed multi -family residential development. A tract of land and existing easements for a water pump station on the western portion of the site, in the location of proposed Lots 22, 23, 24, and 25, were conveyed to the City by the Applicant in order to provide water service for development to the east of the subject property. The City has not yet developed this site. As an option available to the City, the Applicant proposed to dedicate Tract D, a 6,976 square foot parcel at the southeast corner of the site, to the City in order to provide for the water pump station. The City has agreed to release its interest in the existing tract and apprutenant easments prior to final plat approval in exchange for a fee simple title to Tract D. Exhibit 1, Staff Report, Pages 3-4, 6; Exhibit 4, Preliminary Plat, Sheets 1, 5, and 6; Exhibit 6, Pacific Design Letter; Exhibit 22; Applicant's Outline; Testimony of Mr. Pilcher; Testimony of Mr. Larson; Testimony of Mr. Husky. 21. Relocation of the proposed water pump station would impact an existing 15 -foot private stormwater easement, recorded under Pierce County Auditor No. 200406220478, that is located along the southern boundary of the site. The easement provides a "clean" stormwater line from the Belara Apartments. Due to the placement of the pump station, the easement would have to be relocated south into the existing right-of-way. The City has accepted this relocation, recommending it as a condition of approval. Exhibit 1, Staff Report, Page 2; Exhibit 4, Prelimary Plat, Sheets 1, 5, 6, and 9; Exhibit 6, Pacific Design Letter; Testimony of Mr. Pilcher; Testimony of Mr. Husky. 22. There is a 10 -foot Puget Sound Energy (PSE) easement, recorded under Pierce County Auditor No. 200507150653, that is located along the southern boundary and a portion of the western boundary of the site. Exhibit 4, Preliminary Plat. Findings, Conclusions, and Recommendation Hearing Examiner for City ofAuburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 8 of 13 23. As part of the Pre-Annexaction Agreement, Pierce County and the Applicant agreed on the use of the "Trillium Stormwater Facility," a regional stormwater facility providing stormwater detention and water quality treatment facilities, for the discharge of stormwater from the subject property. Part of the agreement requires the Applicant to construct and maintain an on-site oil/water separator system at the points of discharge into the main trunk line conveyance system for the purpose of screening oils from the runoff and stormwater collected on the subject property. Exhibit 1, Staff Report, Page 4; Exhibit 3, Application — Attachment A; Exhibit 20, Pre -Annexation Agreement, Exhibit D. 24. There is a 1.18 acre wetland on the northern portion of the site. The wetland, contained within Tract A, is 51,387 square feet in area and is vegetated with trees, scrub, and shrub. Enhancement of this wetland was done in accordance with the Buffer Enhancement Plan of Terrace View Planned Development (1995) and the Planting and Monitoring Report (2003), collectively referred to as the "Buffer Mitigation Plan" and identified under the Wetland Memorandum of Agreement (Wetland Agreement) recorded with Pierce County. In order to protect the wetland, the Wetland Agreement required the Applicant maintain the area in its natural, undistrubed state in perpetuity, to provide a 50 foot protective buffer, and to provide an eight foot building setback from the edge of the buffer. In addition, prior to the construction of any building, the Applicant was to place fencing and signage at the boundary of Tract A. The Wetland Agreement was satisfied in June 2005. Exhibit 1, Staff Report, Page 4; Exhibit 4, Prelimary Plat, Sheet 1; Exhibit 8, Urback Letter; Exhibit 22, Applicant's Outline. 25. The plat would be served by facilities within the Dieringer School District (the School District). In Washington State, ample provision for the education of children is a paramount duty of the state.' This requirement is further stated in the laws of the State and City. RCW 58.17.110 requires that subdivisions make appropriate provisions for the general welfare of the community, including provisions for schools and for safe walking conditions for students. RCW 36.70A.020(12) mandates that when a county plans for growth, it is to ensure that public services, such as schools, that are necessary to support development are adequate to serve the development. ACC 17.05.070 states that a subdivision must make adequate provisions for the general welfare, including schools. ACC 19.02 authorizes the City of Auburn to collect school impact fees on behalf of the School District. Pursuant to ACC 19.02.110, the 2006 impact fee for the Deiringer School District for a single family unit is $3,500.00 or $739.00 for a multi -family unit and is due at the time of building permit application. Exhibit 1, Staff Report, Page 4; Exhibit 21,'School District Comments; RCW 58.17.110; RCW 36.70A.020; ACC 17.05; ACC 19.02. 26. City of Auburn Comprehensive Plan Goals and Policies that apply to the proposal include, but are not limited to, the following: Chapter 3, Land Use, Goal 7 (emphasize a mix of housing types appropriate for a family-oriented community, including appropiately located higher density); Land Use, Objective 7. 1, Policy LU -15 (multiple family development of not more than 20 units per acre; located near shopping and other services); Land Use, Objective ' Washington State Constitution, Art. 9, § I Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 9 of 13 7.3, Policy LU -20 (encourage compact development; protection of critical areas); Land Use, Objective 7.5, Policy LU -31 (multi -family developments located to necessary support facilities); Chapter 4, Housing, Goal 7 (residential development — family oriented communites); Housing, Goal 22 (design and visual quality through appropriate standards); Chapter 9, Environment, Goal 18 (maintain and promote a healthy environment); Environment, Objective 18.1 (enhance and maintain ground and surface waters; stormwater drainage regulation; BMPs); Objective 18.3 (enhance and maintain quality of land/habitat); and Objective 18.4 (enhance and maintain the quality of important wetland resources). The Annexation Agreement was found to be in conformity to the City's Comprehensive Plan. Exhibit 11, Ordinance 5375. 27. The City received no public comments, written or oral, on the proposed plat. 28. Notice of the, public hearing was posted on the subject property on December 30, 2005. Notice was mailed to property owners within 300 feet of the subject property on December 29, 2005. Notice was published in the King County Journal on December 29, 2005. Exhibits 13, 14, 15, and 16; Testimony of Mr. Pilcher 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. Criteria for Preliminary Plat Review Pursuant to ACC 17.06.070, for a preliminary plat application to be approved, the Applicant 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; 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; Findings, Conclusions, and Recommendation Hearing Examiner for City ofAuburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 10 of 13 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. 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 Applicant has made provisions for streets with sidewalks for pedestrian safety, including safe walking for school children. Conditions of approval will provide for traffic calming devices to provide safety within the plat and modification to off-street parking will ensure sight lines for drivers and pedestrians are not impacted. An internally loop road with two access points will ensure traffic flow and emergency vehicle access. The development will be served by City water and sanitary sewer. The proposed development will utilize Pierce County's regional stormwater facilities, Trillium Pond. All stormwater will be collected and conveyed to these facilities. The Applicant has provided landscaped open space and the preservation of 1.18 acres of wetland and wetland buffers. School impacts fees will address impacts to the Dieringer School District. Park impact fees will be paid to the City of Auburn in lieu of land dedication within the plat. Findings of Fact Nos. 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 23, 24, and 25. 2. The subdivision would conform to the general purposes of the City of Auburn Comprehensive Plan. The subdivision would be consistent with the goals, objectives, and policies of the City's Comprehensive Plan. Finding of Fact No. 26. 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 the TV zoning district standards. The plans and policies of the City of Auburn are included in Ordinance 5373 and Ordinance 5377 which adopted and executed the annexation of the subject property and the underlying zoning district provided for in ACC 18.78. Findings of Fact Nos. 3, 4, 5, 8, 9, 13, and 28. 4. With conditions, potential environmental impacts of the proposed subdivision would be mitigated. Compliance with the conditions the FEIS will ensure that adverse impacts are mitigated to a point of non -significance. The Applicant completed enhancement of the wetland area contained on the site in accordance with the `Buffer Mitigation Plan" as identified under the Wetland Memorandum of Agreement (Wetland Agreement). The development will be served by City water and sanitary sewer, thereby protecting ground and surface water quality and quantity. Stormwater facilities will collect and convey stormwater to a regional treatment facility. Pursuant to the Annexation Agreement, the Applicant is required to maintain an on-site oillwater separator system at the points of discharge into the main trunk line conveyance system for the purpose of screening oils from the runoff and Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003page 11 of 13 stormwater collected on the subject property. Traffic analysis has demonstrated a reduction in the amount of traffic generated from the prior proposal, thereby reducing air pollution. Impacts to schools and parks will be addressed via the payment of impact fees. Landscaping of utility stations should ameliorate noise generated by the facility. Conditions of approval require decibel readings to ensure that the adjacent homeowners are not adversely impacted. Findings of Fact Nos. 9, 10, 15, 16, 18, 19, 20, 21, 23, 24, and 25. 5, The subdivision will not create or contribute to public nuisances. Public Nuisances are addressed generally throughout the ACC and are addressed directly in ACC 8.12. A public nuisance affects public health and property values by creating visual blight, harboring rodents and/or bests, or creating unsafe pedestrian and traffic situations. Compliance with City design standards for road safety (traffic calming devices, width, sidewalks, and visibility) will ensure safe pedestrian and traffic access within the development. The Applicant must conduct decibel readings for the sanitary sewer pump station to ensure that sound is not at unacceptable levels. As conditioned, the development of a Homeowners' Association and the associated Covenants, Conditions, and Restrictions will ensure that visual blights and dangers to public health are reduced/eliminated, thereby promoting both general public welfare and property values. Findings of Fact Nos. 12, 13, 14, '15, and 19. 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 approximately 6.042 acres into 59 lots for development of attached townhomes, open space tracts, utility tracts, and a storm water tract in Auburn, Washington should be APPROVED, subject to the following conditions: 1. Prior to final plat approval, the Applicant shall provide the City of Auburn with fee simple title to Tract D, the proposed Water Booster Pump Station Tract. The City shall release its interest in the existing Water Booster Pump Station Tract and any appurtenant easements. On the face of the final plat, the Applicant shall dedicate to the City of Auburn Tract J, the Sanitary Sewer Pump Station Tract. 2. Prior to final plat approval, the Applicant shall relocated the `clean' stormwater line from the Belara Apartments (east of the subject property) in order to provide a 10 foot separation from the proposed Water Booster Pump Station building. The Applicant shall also dedicate water utility easements as necessary to connect the Water Booster Pump Station and appurtenant facilities to the City water system. All plans and easement revisions shall be approved by the City Engineer. 3. Tract D and Tract J shall be designed in substantial conformance with the conceptual "Planting Plan" prepared by Johanson Braund Design Group, received the by City on December 22, 2005, and entered into the record as Exhibit 10. Landscaping shall either be installed or future installation secured through a performance bond prior to final plat approval. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Tawnhomes, Preliminary Plat PLT05-0003 page 12 of 13 4. Prior to final plat approval, the Applicant shall conduct decibel readings for the Sanitary Sewer Pump Station generator to determine the need to address sound attenuation. If necessary, measures shall be implemented to attenuate noise impacts as directed by the City Engineer. 5. All streets within the plat shall be designed to local residential street standards and dedicated to the public, provided that the City Engineer may entertain a deviation request to allow for angled parking stalls within the plat. 6. All on-site road system improvements for the East Valley Highway required by Section 4.4 of the Annexation Agreement executed by Ordinance 5373 shall be completed. 7. A minimum of two traffic calming devices shall be installed on each internal plat road (Road A and Road B) prior to final plat approval. The exact type and location of the calming decides shall be approved by the City Traffic Engineer. 8. Proposed Conditions, Covenants, and Restrictions (CC&Rs) for the future Homeowners' Association shall be submitted for review and approval by City Staff prior to final plat approval. The CC&Rs shall specify the financial means which will provide for the maintenance of all common open spaces. 9. Tract A shall be maintained as a wetland and wetland buffer, in perpetuity, pursuant to the Mitigation Plan previously approved by Pierce County. Prior to the construction of any buildings, approved fencing and signage shall be placed on the border of the wetland within the developed portion of the plat to prevent homeowner encroachment in the wetland area. 10. Prior to the issuance of building permits and the connection of the proposed plat to metered water service, the Applicant shall pay a park impact mitigation fee of $720 per lot/unit. 11. On and off-street visitor parking shall be provided in a manner approved by the City Traffic Engineer. 12. The Applicant shall comply with all mitigation measures set forth in the FEIS, issued May 1997, and all subsequent addendums to the FEIS. DECIDED thisday of January, 2006. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 DRISCOLL & HUNTER Hearing Examiner for City of Auburn By: aures M. Driscol page 13 of 13 LEGAL DESCRIPTION OF PROPERTY NORTH BENCH A POR71ON OF GOVERNMENT LOT 5 OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, MORE PAR71CULARLY DESCRIBED AS FOLLOWS - COMMENCING AT THE WEST 114 CORNER OF SAID SEC77ON 6; THENCE ALONG THE WEST LINE OF SAID SEC77ON 6, N031015"E 1321.65 FEET, THENCE ALONG THE NORTH UNE OF SAID GOVERNMENT LOT 5 S8857320E 624.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE S111001590 W655.35 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF LAKE TAPPS PARKWAY EAST NOR7H ACCESS RAMP AS CONVEYED TO PIERCE COUNTY UNDER AF ,#200102230699; THENCE FOLLOWING SAID NORTH RIGHT OF WAY LINE IN A GENERAL WESTERLY DIREC17ON TO THE EAST RIGHT OF WAY LINE OF EAST VALLEY HIGHWAY EAST AS CONVEYED TO PIERCE COUNTY UNDER AF 1200102230699, THENCE FOLLOWING SAID EAST RIGHT OF WAY LINE IN A GENERAL NORTHERLY DIRECTION TO THE NORTH LINE OF SAID GOVERNMENT LOT 5; THENCE ALONG SAID NORTHLINE S885732"E 498.91 FEET TO THE TRUE POINT OF BEGINNING. (BEING PARCEL B OF BOUNDARY UNE ADJUSTMENT RECORDED UNDER RECORDING NUMER # 200103295016). LESS THAT LAND DEEDED TO THE CITY OF AUBURN UNDER PIERCE COUNTY AUDITOR'S FILE NO. 2003052111904. SITUATE IN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON. FEE PAYMENT: $1,038.00 and $53.00 per lot plus $727.00 for Environmental Checklist T.R. #. DATE RECEIVED: CASHIER'S INITIALS: PrelminaryFW Exhibit "B" Revised 7ffir2pp$ Resolution No. 3932