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HomeMy WebLinkAbout05-11-2006 ITEM VIII-B-5CITYOF WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 4026 to approve the preliminary plat of "Lakeland East," May 11, 2006 Application No. PLT05-0006. Department: Planning, Attachments: Resolution No. 4026 Budget Impact: Building and Community for remainder please refer to Exhibit List Administrative Recommendation: City Council introduce and adopt Resolution No. 4026. Background Summary: OWNER/APPLICANT: Apex Engineering on behalf of Lakeland East LLC REQUEST: Application for preliminary plat approval for a 143 lot residential subdivision known as "Lakeland East". 141 lots will be used for single family detached homes with the 2 remaining lots being reserved for anticipated multi -family development in the future. SIZE: Approximately 62.06 acres LOCATION: The proposal is generally located between 62nd Street SE to the north, Old Man Thomas Road to the west and Sumner Tapps Hwy East to the south. The site is within Section 5, Township 20 North, Range 5 East, Willamette Meridian. The site parcel numbers are 0520052034, 0520052035, 0520052036,0520052037,0520053028,0520053052,0520053053, 0520056014, 0520056015, 0520056017, and 0520056022. EXISTING ZONING: Planned Unit Development (PUD) — Lakeland Hills South Special Plan Area EXISTING LAND USE Low density single family residential lots and vacant land. COMPREHENSIVE PLAN DESIGNATION: Moderate Density Residential SEPA STATUS: An Addendum to the Final Environmental Impact Statement for the Lakeland Hills South Mining & Reclamation Plan & Planned Community Development was issued on March 31, 2006. L0511-5 03.5 PLT05-0006 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ® Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ® Hearing Examiner ❑ Municipal Serv. ❑ Finance ® Parks ❑ Human Services ❑ Planning & CD ® Fire ® Planning ❑ Park Board ❑ Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes [--]No Call for Public Hearing Referred to Until Tabled _ Until / / Councilmember: Norman Staff: Krauss Meeting Date: May 11, 2006 Item Number: VIII.B.5 AUBURN* MORE THAN YOU IMAGINED Agenda Subject: Resolution No.4026 Date: Mav 11, 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 6 Addendum to Final Environmental Impact Statement for Lakeland Hills South Mininq & Reclamation Plan & Planned Community Development, dated March 31, 2006 Exhibit 7 Completed Preliminary Plat Application Form Exhibit 8 Lakeland East Preliminary Plat Map, Apex Engineering, received 4-4-06 Exhibit 9 Lakeland East Preliminary Plat, Conceptual Grading Plan, Apex Engineering, received 4- 4-06 Exhibit 10 Lakeland East Preliminary Plat, Conceptual Utility Plan, Apex Engineering, received 4-5- 06 Exhibit 19 Letter from Tony Ching, P.E., Apex Engineering, to Monty Bakken regarding Plat Modification -Road Deviation Request #1, dated 4-7-06 Exhibit 20 Letter from Tony Ching, P.E., Apex Engineering, to Joe Welsh regarding Plat Modification -Road Deviation Request #2, dated 4-7-06 Exhibit 21 Letter from Jeffrey Mann, Apex Engineering, to Monty Bakken regarding Plat Modification -Road Deviation Request #3, dated 4-7-06 Exhibit 26 Hearing Examiner's decision dated May 3, 2006 FINDINGS OF FACT 1. The applicant, Jeffrey Mann of Apex Engineering on behalf of Martin D. Weiss, President of Lakeland East LLC, has requested preliminary plat approval for Lakeland East. Lakeland East is a proposed 143 lot residential subdivision of a 62.06 acre site located between approximately 62nd Street SE to the north, Old Man Thomas Road to the west and Sumner Tapps Hwy East to the south. Page 2 of 8 Comprehensive Zoning Land Use Plan Site Moderate Density Lakeland Hills South Low density single Residential (LHS) PUD, Planned family residential; Unit Development Vacant North Moderate Density LHS PUD, Planned Eastpointe subdivision, Residential/Open Unit Development single family residential Space South Moderate Density R1, Single Family Low density single Residential Residential family residential; Vacant East Moderate Density LHS PUD, Planned Vacant (wetlands, Residential/Open Unit Development/ potential Area 8 plat) Space R1, Single Family Residential West Single Family/ LHS PUD, Planned Recent Lakeland and Moderate Density Unit Pinnacle Estates Residential Development/R1, subdivisions, single Single Family family residential Residential List of Exhibits Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 6 Addendum to Final Environmental Impact Statement for Lakeland Hills South Mininq & Reclamation Plan & Planned Community Development, dated March 31, 2006 Exhibit 7 Completed Preliminary Plat Application Form Exhibit 8 Lakeland East Preliminary Plat Map, Apex Engineering, received 4-4-06 Exhibit 9 Lakeland East Preliminary Plat, Conceptual Grading Plan, Apex Engineering, received 4- 4-06 Exhibit 10 Lakeland East Preliminary Plat, Conceptual Utility Plan, Apex Engineering, received 4-5- 06 Exhibit 19 Letter from Tony Ching, P.E., Apex Engineering, to Monty Bakken regarding Plat Modification -Road Deviation Request #1, dated 4-7-06 Exhibit 20 Letter from Tony Ching, P.E., Apex Engineering, to Joe Welsh regarding Plat Modification -Road Deviation Request #2, dated 4-7-06 Exhibit 21 Letter from Jeffrey Mann, Apex Engineering, to Monty Bakken regarding Plat Modification -Road Deviation Request #3, dated 4-7-06 Exhibit 26 Hearing Examiner's decision dated May 3, 2006 FINDINGS OF FACT 1. The applicant, Jeffrey Mann of Apex Engineering on behalf of Martin D. Weiss, President of Lakeland East LLC, has requested preliminary plat approval for Lakeland East. Lakeland East is a proposed 143 lot residential subdivision of a 62.06 acre site located between approximately 62nd Street SE to the north, Old Man Thomas Road to the west and Sumner Tapps Hwy East to the south. Page 2 of 8 Agenda Subject: Resolution No.4026 Date: Mav 11. 2006 141 lots will be used for single family detached homes with two remaining large lots (lots 142 and 143) being reserved for potential multi -family development in the future. For the 141 single family lots, lot sizes will average 5,381 sq. ft. in size, with an average lot width of 45 ft. The smallest lot will be 4,050 sq. ft. in area. The density for 141 single family lots on 39.6 acres (without lot 142 at 11.02 acres and lot 143 at 11.44 acres) is 3.56 du/ac. This density is consistent with the Comprehensive Plan designation of Moderate Density Residential (2-14 dwelling units per acre). 3. The project is part of the Lakeland Hills South PUD, with the minimum standards for lots contained in Auburn City Code (ACC) section 18.76.060. The project proposes 141 lots built to the SFD-5 (Single -Family Detached) designation and two lots to be built to either the SFD-5 or MFA -1 (Multi -Family or Small Lot Detached). 4. The Planning Director approved a Minor Adjustment to the Lakeland Hills South PUD in a written interpretation dated January 26, 2006, in accordance with ACC sections 18.02.040 and 18.76.170. The adjustment addressed a request made by the applicant to include the "Walker" property within the Lakeland Hills South PUD and the Lakeland East preliminary plat. The interpretation/decision letter is included as Exhibit 16. 5. Some of the exhibits show the extension of a road through Tract "F" and the wetlands located to the northeast. The applicant has since removed this road extension from the preliminary plat map since it is not a component of the Lakeland East plat. The location and configuration of Tract "F" accessed off of Victoria Avenue SE does not authorize the development of any subsequent plat to the northeast. 6. Completion and extension of 62nd Ave SE as Thomas Avenue SE to serve the development and provide two access points as required by City standards will result in new traffic impacts to the north of the proposed development. City Comprehensive Transportation Plan Policy TR 77 states that new construction should incorporate traffic calming measures, as appropriate. The Auburn City Engineer has determined that the most effective way to mitigate increased traffic, speeds, the need for safe pedestrian crossings, and to protect turning movements is to establish a center landscaped median on Thomas Avenue SE. This should extend from Lake Tapps Parkway SE up and through to the northern end of the subject plat. As part of the engineering phase, the landscaped median and roadway section design will be reviewed for compliance with City of Auburn regulations. 7. All streets within the project will be developed to City of Auburn standards and dedicated as public streets. 8. City Comprehensive Transportation Plan Policy TR 4 calls for connectivity on the road systems between neighborhoods. Adjacent to Lot 141 between the plat and Lake Tapps Parkway SE, a combined 30 foot wide utility and pedestrian easement will be required. 9. Development of this plat will require the abandonment of an existing on-site public sanitary sewer pump station. The developer will need to construct an off-site sewer pump station or wait until the pump station is completed by another developer and then pay a proportional payback fee. 10. The City of Auburn Public Works Department is requesting that all sanitary sewer lines located outside of the public right of way be placed upon tracts of a minimum width of 15 feet (centered over the sewer line). All existing septic tanks must be abandoned per Tacoma -Pierce County Health Department requirements. 11. City of Bonney Lake water service will be provided. Existing wells must be abandoned per Washington State and Tacoma -Pierce County Health Department requirements and the water Page 3 of 8 Agenda Subject: Resolution No.4026 Date: Mav 11. 2006 rights for said wells deeded/transferred over to the City of Auburn per ACC 13.06.150.C, passed by Auburn City Council Ordinance No. 5974 on January 19, 2006. 12. The plat contains Tract "E", which is approximately 3,255 sq. ft. in area proposed for use as a park to be built by the developer and dedicated to the City of Auburn. Tract "A" and lot 142 contain a proposed 30' wide utility easement and pedestrian pathway for access to Lake Tapps Parkway SE. Tracts "B", "D", and "F" will provide common open space along with other uses to be landscaped & maintained by a future Homeowners' Association. 13. Project signage is proposed to be consistent with the "Lakeland Master Planned Community Signage Program" adopted by the City of Auburn on August 2, 2002, as explained in Exhibit 18. 14. Project landscaping is proposed to be consistent with the "Master Landscape Plan for Lakeland South" dated July 31, 2001. A preliminary landscape plan has been submitted as Exhibit 12. 15. On-site tree removal may require a Washington State Department of Natural Resources Forest Practice permit. 16. More than 1 acre will be disturbed through grading/filling activities therefore a stormwater permit from the Washington State Department of Ecology is required. 17. The applicant has submitted three plat modification requests from road design standards pursuant to ACC section 17.18.010 with findings of fact made pursuant to ACC section 17.18.030 as Exhibits 19-21. Plat modifications are the means through which deviations from standards are reviewed. • The first is a deviation from the standard road grade of 6% for short segments of 63rd Street SE and 65th Street SE. The proposal is to have 7.6% grade for approximately 200 feet on 63rd Street SE and a 9.3% grade for approximately 200 feet on 65th Street SE. • The second is a deviation from the horizontal curve radius for several of the proposed roadway curves, identified as follows: 1) Design of two centerline radius curves of 150 - feet and 180 -feet for Stuart Avenue SE and 63rd Street SE, at the approach to the intersection of Thomas Avenue SE; 2) Design of two 180 -foot centerline radius curves located at either end of Thomas Place SE; 3) Design of a 200 -foot centerline radial curve located on 66th Street SE; and 4) Design of a 180 -foot centerline radial curve on the northerly portion of Udall Avenue SE. • The third is a deviation from standards to allow the landscaping strip on both sides of the road to be located between the sidewalk and the curb. Staff concurs with the analysis of the requests in light of the modification criteria and finds the requests are justified. Preliminary Plat Criteria 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. Public utilities, public schools, private open space and new public streets will serve the proposed plat. The Parks Department has determined that the applicant's proposal for park land is sufficient. The City of Auburn collects school impact fees and higher impact fees for fire & traffic in the Lakeland area than in the rest of the City. Page 4 of 8 Agenda Subject: Resolution No.4026 Date: Mav 11. 2006 2. Conformance of the proposed subdivision to the general purposes of the Comprehensive Plan. The applicant proposed a Comprehensive Plan Map amendment in 2004 to change the subject area from Single Family Residential to Moderate Density Residential, which was authorized by City Council adoption of Ordinance No. 5891, as explained in Exhibit 22. Auburn Comprehensive Plan policy LU -20 states in part that "the development of new neighborhoods should be governed by development standards which allow some flexibility." The Lakeland Hills South PUD provides flexibility in design/layout standards for residential developments. The Auburn Comprehensive Plan also contains a section on the Lakeland Hills South Special Planning Area. A provision in the plan states, "In considering expansion to the PUD, the City established provisions and conditions to be followed during subsequent review of land use actions affecting the PUD expansion area. These include: 2. The rezone and any related applications shall demonstrate that the northernmost approximately 20 -acres adjacent to and contiguous with the Lakeland Hills South PUD neighborhoods of Evergreen and Eastpointe shall not be developed as "for rent", "semi- detached" or "attached" housing products so that the existing single family residential character can transition to and be extended into the subject parcels. Development within this northerly 20 acres shall be restricted to utilizing the development standards no more intense than "Single Family Detached (SFD-5)" provisions of ACC Chapter 18.76.° The preliminary plat of Lakeland East consists of single family lots which will utilize the SFD-5 development standards within the northernmost approximately 20 -acres contiguous to the Eastpointe neighborhood, which is consistent with this Comprehensive plan policy provision. Staff assumes homes are being constructed for individual sale as owner -occupied units. 3. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans that have been adopted by the City Council. The project is consistent with the Non Motorized portion of the Transportation Element of the Comprehensive Plan. The plat is also required to meet all conditions of the Lakeland Hills South Development Agreement, as amended. 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 Standards Manuals, with the exception of the requested plat modifications, the "Lakeland Master Planned Community Signage Program" adopted by the City of Auburn on August 2, 2002, and the "Master Landscape Plan for Lakeland South" dated July 31, 2001. 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. Page 5 of 8 Agenda Subject: Resolution No.4026 Date: Mav 11, 2006 For this project, an Addendum to the Final Environmental Impact Statement for the Lakeland Hills South Mining & Reclamation Plan & Planned Community Development was issued on March 31, 2006. An updated wetland report has been prepared; "Lakeland East Wetland and Stream Analysis Report," prepared by B-12 Wetland Consulting, Inc, dated March 17, 2006. The results of the wetland report details two Category II wetlands, Wetlands "B" and "C", and one Category III wetland, Wetland "F". A previous report prepared for the construction of Lake Tapps Parkway ("Final Wetland Report for the Proposed Lake Tapps Parkway East Roadway Extension & New Intersection CRP 5434 Pierce County, Washington." Prepared by CH2M Hill & Celeste Botha Wetlands Ecology. Revised April 8, 1997) identified Wetland "S". The 2006 wetland report concludes that the area which had previously been classified as Wetland "S" located on the north side of Lake Tapps Parkway SE west of Wetland "C" is no longer considered a wetland; instead it is a non -wetland depressional area. Staff has determined that the wetland report is adequate in accordance with Critical Areas Ordinance ACC Chapter 16.10. The wetland buffers proposed meet the minimum requirements of 50' for a Category 11 and 25' for a Category III wetland. RECOMMENDATION: 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. In accordance with the condition outlined in the Minor Adjustment to the Lakeland Hills South PUD dated January 26, 2006, the Fourth Amendment to the Lakeland Hills South Agreement shall include the "Walker" parcel (#0520056015) and be recorded prior to final plat approval. 2. Prior to commencement of grading activities, buffers for Wetlands "B", "BB", "C", and "F" shall be staked, flagged, silt fencing installed, and signage placed on-site by the applicant. Wetland sign content and location shall be approved by the City of Auburn Director of Planning, Building, and Community. 3. The plat shall meet all conditions of the Lakeland Hills South Development Agreement, as amended. 4. Proposed Conditions, Covenants and Restrictions (CC&Rs) for the future Homeowners' Association shall be submitted for review and approval by the City prior to final plat approval. This document shall specify the financial means of maintenance of all common open spaces. 5. All tracts not dedicated to the City of Auburn shall be maintained by the future Homeowners' Association. 6. As part of the engineering/construction drawings submitted for construction of the subdivision, there shall also be submitted engineering/construction drawings for the construction of all park improvements. The park improvements shall be approved by the City of Auburn Parks Director prior to the approval of the construction drawings for the public infrastructure of the plat. The materials supplied and installed must meet the current City Parks, Arts and Recreation Department (Parks) standards and be approved by the Parks Director prior to installation and final plat approval. 7. Prior to final plat approval, the developer shall coordinate and complete the abandonment of the existing public sewer pump station located upon the subject property. This shall include the Page 6 of 8 Agenda Subject: Resolution No.4026 Date: May 11, 2006 salvaging of all electrical and mechanical equipment to the City of Auburn's Sanitary Sewer Utility. 8. The developer shall construct on-site gravity sanitary sewer lines and off site gravity sanitary sewer lines to a new public pump station located per an approved basin study with the City of Auburn. All lines shall be per Auburn Design Standards. 9. The developer shall construct the off-site sewer pump station or wait until the pump station is completed by another developer and then pay a payback fee for their pro rata share of costs associated with the construction of the pump station. 10. All sanitary sewer lines located outside of the public right of way shall be placed upon tracts of a minimum width of 15 feet (centered over the sewer line). These tracts shall be deeded over to the City's Sanitary Sewer Utility. 11. Prior to final plat approval, all existing septic tanks shall be abandoned per Tacoma -Pierce County Health Department requirements and copies of the approved abandonment papers from the Health Department shall be provided to the City prior to commencement of site grading. 12. Prior to review of civil plans and also as part of the final plat application submittal, the applicant shall provide a current certificate of water availability from Bonney Lake. 13. Prior to final plat approval, the developer shall abandon existing wells per Washington State and Tacoma -Pierce County Health Department regulations and deed/transfer the water rights for said wells over to the City of Auburn. 14. Prior to final plat approval, the developer shall construct a center landscaped median on Thomas Avenue SE to the satisfaction of the City Engineer. This shall extend from Lake Tapps Parkway to the northern end of the plat. 15. Prior to final plat approval, the developer shall dedicate a combined 30 foot wide utility and pedestrian easement adjacent to Lot 141 that extends between the plat and Lake Tapps Parkway SE. 16. Prior to final plat approval, the developer shall dedicate right of way and construct all roads within the plat (with the exception of Thomas Avenue SE) as local residential roads to City of Auburn Standards except where plat modifications are granted by City Council. 17. Prior to final plat approval, the developer shall dedicate right of way and construct Thomas Avenue SE as a residential collector. 18. Prior to final plat approval, the developer shall construct the fourth leg of the signalized intersection of Thomas Avenue SE and Lake Tapps Parkway SE. 19. The final plat shall include a note that states no direct residential access to Thomas Avenue SE is permitted. 20. Sight distance triangles shall be dedicated as public right of way within the plat or as easement outside the plat. 21. Street trees shall be subject to approval by the City Engineer. A separate approval block shall be shown on the landscape plans for that purpose. 22. The final plat drawing shall include addresses for each lot as assigned by the City. Page 7 of 8 Agenda Subject: Resolution No.4026 Date: Mav 11. 2006 23'. Asbestos containing material shall be removed prior to demolition of on-site structures and disposed in accordance with the requirements of the Puget Sound Clean Air Agency, Washington State Department of Labor and Industries, and the Tacoma -Pierce County Health Department. 24. Any required Washington State Forest Practices approval shall be obtained prior to site clearing, grading, or logging. Verification of meeting Washington State Department of Natural Resources Forest Practice requirements shall be provided to the City prior to issuance of grading permits. 25. A Department of Ecology Construction Stormwater General Permit shall be required prior to the issuance of grading permits as more than 1 acre will be disturbed. Page 8 of 8 RESOLUTION NO. 4026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A PRELIMINARY PLAT APPLICATION TO SUBDIVIDE 62.06 ACRES INTO 143 LOTS AND VARIOUS TRACTS FOR FUTURE RESIDENTIAL DEVELOPMENT WITH THREE PLAT MODIFICATIONS, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. PLT05-0006, dated December 22, 2005, has been submitted to the City of Auburn, Washington, by Apex Engineering on behalf of Lakeland East LLC, requesting approval of a preliminary plat application to subdivide 62.06 acres into 143 lots for future residential development with three plat modifications, and street and utility tracts within the City of Auburn, Washington; and WHEREAS, said request above was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, following staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on April 18, 2006, of which the Hearing Examiner recommended approval of the preliminary plat subject to conditions on May 3, 2006; and WHEREAS, the City Council, at its meeting of May 11, 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". Resolution 4026 May 11, 2006 Page 1 of 5 Section 1. The Hearing Examiner's Findings, Conclusions and Recommendation attached hereto as Exhibit "A" are herewith approved and incorporated in this Resolution. Section 2. The request for preliminary plat approval to subdivide 62.06 acres into 143 lots for future residential development, 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. In accordance with the conditions outlined in the Minor Adjustment to the Lakeland Hills South PUD, dated January 26, 2006, the Fourth Amendment to the Lakeland Hills South Agreement shall included the "Walker Parcel" (Pierce County Tax Parcel 0520056015) and be recorded prior to the final plat approval. 2. Prior to commencement of any grading activities, the Applicant/Developer shall staked, flagged, fence, and sign the buffers for Wetland B, Wetland BB, Wetland C, and Wetland F. Wetland signage content and location shall be subject to approval by the City of Auburn Director of Planning, Building, and Community Development. 3. The plat shall meet all conditions of the Lakeland Hills South Development Agreement, as amended. 4. As part of the engineering/construction drawings submitted for construction of the plat, the Applicant/Developer shall also submit engineering/construction drawings for the construction of all park improvements. The park improvements shall be subject to approval by the City of Auburn Parks Director. Approval must be received prior to approval of the construction drawings for the public infrastructure of the plat. The materials supplied and installed must meet current City Parks, Arts, and Recreation Department standards and by approved by the Parks Director prior to installation and final plat approval. 5. Prior to final plat approval, the Applicant/Developer shall coordinate and complete the abandonment of the existing public sewer pump station located upon the subject property. This abandonment shall include the salvaging of all electrical and mechanical equipment for delivery to the City of Auburn's Sanitary Sewer Utility. Resolution 4026 May 11, 2006 Page 2 of 5 6. The Applicant/Developer shall construct on-site gravity sanitary sewer lines and off-site gravity sanitary sewer lines. These new sewer lines shall connect to a new public pump station located per an approved basin study with the City of Auburn. All sewer lines shall be designed to Auburn Design Standards. 7. The Applicant/Developer shall construct the off-site sewer pump station or, in the alternative, wait until the pump station is completed by another developer. If the pump station is completed by another developer, the Applicant shall pay a payback fee for their pro rate share of the costs associated with the construction of the pump station. 8. All sanitary sewer lines located outside of the public right-of-way shall be placed within tracts. Tracts shall be a minimum width of 15 feet, centered over the sewer line. These tracts shall be deeded over to the City's Sanitary Sewer Utility. 9. Prior to final plat approval, all existing septic tanks shall be abandoned pursuant to Tacoma -Pierce County Health Department regulations. Copies of the approved abandonment documents from Tacoma -Pierce County Health Department shall be provided to the City prior to the commencement of any site grading. 10. Prior to review of civil plans, and as part of the final application submittal, the Applicant shall provide a current Certificate of Water Availability from the City of Bonney Lake. 11. Prior to final plat approval, the Applicant/Developer shall abandon all existing water wells pursuant to Washington State and Tacoma -Pierce County Health Department regulations. The Applicant shall deed/transfer the water rights for said wells to the*City of Auburn. 12. Prior to final plat approval, the Applicant/Developer shall construct a center landscaped median on Thomas Avenue SE. The median shall extend the full length of Thomas Avenue SE from Lake Tapps Parkway SE to the northern border of the plat. The median shall be construction to the satisfaction of the City Engineer. 13. Prior to final plat approval, the Applicant/Developer shall create a combined 30 -foot wide utility and pedestrian access easement adjacent to Lot 141. The easement shall extend between the Plat and Lake Tapps Parkway SE. 14. Prior to final plat approval, the Applicant/Developer shall dedicate right- of-way and construct all roads within the plat, with the exception of Resolution 4026 May 11, 2006 Page 3 of 5 Thomas Avenue SE, as local residential roads to City of Auburn Standards except where plat modifications (deviation requests) are granted by the City Council. 15. Prior to final plat approval, the Applicant/Developer shall dedicate right- of-way and construct Thomas Avenue SE as a residential collector. 16. Prior to final plat approval, the Applicant/Developer shall construct the fourth leg of the signalized intersection of Thomas Avenue SE and Lake Tapps Parkway SE. 17. The final plat shall include a note that states: No direct residential access to Thomas Avenue SE is permitted. 18. Sight distance triangles shall be dedicated as public right-of-way within the plat or as an easement outside of the plat. 19. Street trees shall be subject to approval by the City Engineer. A separate approval block shall be shown on the landscape plans for that purpose. 20. The final plat drawing shall include addresses for each lot as assigned by the City. 21.Asbestos containing materials shall be removed prior to demolition of all on-site structures. Disposal of the materials shall be done in accordance with the requirements of the Puget Sound Clean Air Agency, Washington State Department of Labor and Industries, and the Tacoma -Pierce County Health Department. 22.Any required Washington State Forest Practices approval shall be obtained prior to site clearing, grading, or logging. Verification of meeting Washington State Department of Natural Resources Forest Practices requirements shall be provided to the City prior to the issuance of any grading permits. 23.A Washington State Department of Ecology Construction Stormwater General Permit shall be required prior to the issuance of any grading permits. 24.As provided in ACC 19.02, the Applicant/Developer shall pay school impact mitigation fees to the Auburn School District. Payment of mitigation fees is required at the time of building permit issuance. Resolution 4026 May 11, 2006 Page 4 of 5 25.A traffic impact fee equivalent to the fee being collected for the Lakeland Hills South PUD shall be paid at the time of building permits for individual homes. 26.A fire impact fee equivalent to the fee being collected for the Lakeland Hills South PUD shall be paid at the time of building permits for individual homes. 27. The Applicant/Developer shall comply with all mitigation measures as provided in the Final EIS issued for Lakeland Hills, July 1992. 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. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk City Attorney Resolution 4026 May 11, 2006 Page 5 of 5 VIII►% K. III Aft Ww IN- • CITY OF A Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Aubum WA 98001-4998 * www.aubumwo.gov * 253-931-3000 *MEMORANDUM* TO: Interested Parties FROM: Paul Krauss, AIC<X- SEPA Responsible Official Director, Planning, Building and Community Department DATE: March 31, 2006 RE: Notice of Addendum to Final Environmental Impact Statement for Lakeland „ rv- HITI soutff'Mining & Reclamation Plan & Planned Community Development Lakeland East Preliminary Plat Current File Nos. PLT05-0006, SEP05-0042 Please find enclosed a copy of an addendum to the Final EIS issued for the Referenced Project in compliance with the requirements of WAC -197-11-625. If you have any questions regarding this process or document, please contact Stacey Borland, Planner, at 253-876-1905 or via e-mail at (sborland@auburnwa.gov). 6 -- AUBURN *MORE THAN YOU IMAGINED CITY OF .. , *� WASHINGTON Peter B. Lewis, Mayor 25 West Main Street * Auburn WA 98001-4998 * www-aubumwa.gov * 253-931-3000 LAKELAND EAST PRELIMINARY PLAT 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: March 31, 2006 DESCRIPTION OF CURRENT PROPOSAL: Preliminary Plat approval for "Lakeland East," a 143 lot, single-family residential subdivision of an approx. 62.06 acre site. A Major Amendment to the Lakeland Hills South Planned Unit Development District -and -plat -modifications to standard requirements has also been requested. PROPONENT: Apex Engineering on behalf of Lakeland East LLC LOCATION: The proposal is generally located between 62nd Street SE to the north, Old Man Thomas Road to the west and Sumner Tapps Hwy East to the south. The site is within Section 5, Township 20 North, Range 5 East, Willamette Meridian. The site parcel numbers are 0520052034, 0520052035, 0520052036,0520052037,0520053028,0520053052,0520053053,0520056014,0520056015, 0520056017, and 0520056022. REASON FOR ISSUING ADDENDUM: The Proposed Lakeland Hills South Mining & Reclamation Plan & Planned Community Development FEIS was issued in July 1992. The current proposal is for development of a plat within the Lakeland Hills South Planned Unit Development (PUD). The City of Auburn. Comprehensive Plan contains a section on the Lakeland Hills South Special Planning Area. A provision in the plan states, -- . "In considering expansion to the PUD, the City established provisions and conditions to be followed during subsequent review of land use actions affecting the PUD expansion area. These include: 2. The rezone and any related applications shall demonstrate that the northernmost approximately 20 -acres adjacent to and contiguous with the Lakeland Hills South PUD neighborhoods of Evergreen and Eastpointe shall not be developed as "for rent", 'semi- detached" or "attached' housing products so that the existing single family residential character can transition to and be extended into the subject parcels. Development within this northerly 20 acres shall be restricted to utilizing the development standards no more intense than `Single Family Detached (SFD-5)' provisions of ACC Chapter 18.76." The preliminary plat of Lakeland East consists of single family lots which will utilize the SFD-5 development standards within the northernmost approximately 20 -acres contiguous to the Eastpointe neighborhood, which is consistent with this Comprehensive plan policy provision. AUBURN * MORE THAN YOU IMAGINED An updated wetland report has been prepared; "Lakeland East Wetland and Stream Analysis Report." Prepared by B-12 Wetland Consulting, Inc. Dated March 17, 2006. The results of the wetland report details two Category 11 wetlands, Wetlands "B" and "C", and one Category III wetland, Wetland "F". A previous report was prepared for the construction of Lake Tapps Parkway; "Final Wetland Report for the Proposed Lake Tapps Parkway East Roadway Extension & New Intersection CRP 5434 pierce County, Washington." Prepared by CH2M Hill & Celeste Botha Wetlands Ecology. Revised April 8, 1997, identified Wetland "S". The 2006 wetland report concludes that the area which had. previously been classed as Wetland "S" located on the north side of Lake Tapps Parkway SE west of Wetland "C" is no longer considered a wetland; instead it is a non -wetland depressional area. A Major Amendment to the Lakeland Hills South Planned Unit Development District has been requested, which requires submittal of an environmental checklist. The overall number of units will not increase beyond the original 3,408. The Lakeland East preliminary plat is within an area recently annexed into the City of Auburn and subsequently rezoned to PUD and designated as Moderate Density Single Family. Component 6 of the Major Amendment will implement these actions by assigning the Residential 2-14 du/ac PUD density designation. The Major Amendment to the PUD includes: Amendment No. 1: Deletion of School S-2 Amendment No. 2: Change of Area 7 to Residential 2-14 du/ac Amendment No. 3: Change of Area 8 to Residential 2-14 du/ac Amendment No. 4: Change of Area 9 to Residential 2-14 du/ac Amendment No. 5: Revised Land Use Table Amendment No. 6: Designate Area 16 as Residential 2-14 du/ac 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 OFFICIAL: Paul M. Krauss, Director of Planning, Building & Community CONTACT PERSON: Stacey Borland, Planner, (253) 876-1905 RECEIVED DEC 2 2 2005 . PRELIMINARY PLAT APPLICATION PLANNING DEPARTMENT .• . ..................................................................................... QL-'� O�S�Cbp(p PROPERTY OWNER'S NAME APPLICATION NUMBER Sec. Twp. Rng. Zone Existing . Staff Project Coordinator. Area Code Scheduled Hearing Date Received .................................................................. .................................................. DO NOT WRITE OR TYPE ABOVE THIS LINE - APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED - {except signatures) OR NEATLY PRINTED IN INK. 1F ADDED SPACE IS NEEDED, ATTACH THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION. NAME OF SUBDIVISION: Lakeland East Total area of subdivision: Acres: 62.06 Total number of lots: 143 Total number of dwelling units: 143 Proposed zoning: same as existing Existing zoning: Lakeland P-U.D. (MFA & SFD-5) Proposed land use: Single family and moderate density residential Minimum size of lot as shown on plat: 4,050 Minimum lot width as shown on plat: 45 Minimum lot depth as shown on plat: 90 Proposed source of domestic water supply: City of Bonney Lake Proposed sewage disposal system: City of Auburn Preliminary Plat Revised 8lY nOD4 Sq. Ft.: 2.703,133 Sq. ft. feet feet Page 4 of 6 ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELOW OPPOSITE A "PARCEL NUMBER' WHICH IS ALSO SHOWN ON THE LEGAL DESCRIPTION AND INDICATES THE PROPERTY OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND ITS ATTACHMENTS. PARCEL NAME, ADDRESS & PHONE NUMBER NUMBER (Please Print) Lakeland East LLC Attn: Martin D. Waiss, President 1302 Puyallup Street Sumner, WA 98390 (253) 863-6200 DESIGNATED CONTACT PERSON: Name: Apex Engineering PLLC, Attn: Jefrrey Mann Address: 2601 South 35th Street, Suite 200 City: Tacoma, WA 984M Phone: 2534734494 Preliminary Plat Revised 8/27/2004 JRE Page 5 of 6 LEGAL DESCRIPTION OF PROPERTY See sheet 2 of 2 for the Preliminary plat. FEE PAYMENT: $1,030.00 and $52.00 per lot Plus $721.00 for Environmental Checklist T.R. #: DATE RECEIVED: CASHIER'S INITIALS: Preliminary Plat Revised 677aM4 Page 6 of 6 This approach also allows for the overall site grading to provide a better- transition with the existing subdivision areas to the north and east -and minimize grading activities ad 6c.ent.to the . existing wetland and buffers on the easteiry portion of the site. EXHBIT2601 Soudh 35"b200 T"12,Wu kow 9 (253) 473-4494 Fax (253) 473-0599 C That the modification, if gFant4 will not: alter the chazacte� of the neighborhood, Qr be detriinentai'ta surrounding properties: in w#ich the property is loeated; " Response: The. modcation will allow'the site to continue: to provide single•fannily Homes consistent with_the surrounding nigh . rhood and allotivfor i betterlrarisifion.betiveen the site and the existing subdivisions to the west and north: D. Such modificatioja will not be materially .detrimental to the .implementation of the policies- anti. obJectives of the comprehensiveland use, ,circulation and -Utility'plans -of the city; Response: The mod j7cation will allow a better- compliance .with .City policies regarding slopes and circulation.• The relatively small length ofroads of over'6% grade will allow for• adequate circulation and access while transitioning from. the westerly to easterly portions 0j, the site. pex 2601 South 35th, Suite 200, Tacoma, Washington 98409 (253) 473-4494 Fax (253) 4TJ-0599 �'� 2601 South 35th, Suite 200, Tacoma,l�Vashmgton 98409 (153) 473-4494 Fax (253) 473-0599 Pij 2601 Sash 35th, Suite 200, Tacoma, Wuhkrm 98409 (253) 4734494 Fax (253) 473-0599 1lGSl&'II O3 two t.ZJ 16U-toot centerline radius. curves located at' either end .of Thomas Place SE. The- curves should experienee low traffic volumes. The curves will allow the-90 degree intersections with 63rd Street SE and Udall Avenue -SE. Based on AASHTO guidelines, a design speed of 20 niph. requires a-minimum centerline radius of 99 feet (no superelevation). EVIJp 2601South35tk&* 200 EXHIDff 02 0 TacomaNasNnew 98409 (253) 473-4494 fax (253) 473-0599 Deviation # 2- Thecurves should experience low traf c volumes. The curves will allow the 90 degree intersections with 63rd Street SE and Udall Avenue SE. Deviation # 3-The.centerline radius deviation is required in order to make the transition from the existing road in the Pinnacle Estates plat and make the transition to a 90 degree intersection with Aomas Road SE.. The alignment of Thomas Avenue.SE is determined by the existing dead end in Eastpointe Division. 2 shown as 62' Street SE and the intersection with .Lake- Tapps Parkway which defines the curve of that road. 66th Street SE. needs to be extended and designed to meet that curve. Deviation # 4 =.This deviation is requested to accommodate the final grading transition. of 2601 South 35th, Suite 200, Tacoma, Washington 98409 (253) 473-4494 Fax -(253)-4734599 D. Such modification will not be materially detrimental to the implementation of the policies and objectives of the comprehensive land use, circulation and utility plans of the . city; � . Response: The modifications will allow better.designed intersection particularly where roads intersect with Thomas Road SE. consistent with the land use and circulation policies of the Comprehensive plan. The other modifications will allow reasonable design of a subdivision toprovide single family home development consistent with.the single family designations and policies for this area. 2601 South 35th, Suite 200, Tacoma, Washington 98409 (253) 473-4494 Fax (253) 473-0599 G� 2601 South 35th, Suite 200, Tacoma,Washir" 96409 (253) 473-4494 Fare (253) 473-0599 Ex 2601 South 35th, Suite 200, TacwlaWnhkron 98409 � I (253) 473-4494. fax (253) 473-0599 April 7, 2006 Mr. Monte Bakken City of Auburn 25 West Main Street Auburn, Washington 98002 Reference: Preliminary Plat of Lakeland East Plat Modification — Road Deviation Request No. 3 File #28377/0 Dear Monte: The purpose of this letter is to request a plat modification for a deviation from the road design standards of the City of Auburn for the above referenced project. On behalf of our client, we are requesting a deviation to allow the placement of the landscape strip directly behind the curb on both sides of the street. This deviation request relates to the City of Auburn Department of Public Works Standard Details, specifically detail Traffic -32 which is the detail for a local residential road section. The section detail shows a landscape strip between the sidewalk and curb on one side while on the opposite side the sidewalk is adjacent to the curb. We are requesting that the landscaping strip on both sides of the road be located between the sidewalk and curb. 7.18.030 Findings of fact. A. Such modification is necessary because of special circumstances related to the size, shape,- topography, location or surroundings of the subject property, to provide the owner with development rights and privileges permitted to other properties in the vicinity and in the zoning district in which the subject property is located; Response: The modification allows for consistency of the landscaping on both sides of the road and with existing neighborhoods. This would also be consistent with the City's recommendation for the landscape strip to be located behind the curb. B. That, because of such special circumstances, the development of the property in strict conformity with the provisions of this title will not allow a reasonable and harmonious use of the property; Response: The modification would provide a harmonious landscape treatment for both sides of the road. This would allow the consistent landscape treatment for both sides of the road enhancing the PUD landscaping theme within this subdivision. EXHIBIT c� Mr. Monte Bakken File #28377/0 April 7, 2006 Page 2 of 3 C. That the modification, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the property is located; Response: The modification will enhance the landscaping appearance which would enhance the neighborhood and the streetscape. D. Such modification will not be materially detrimental to the implementation of the policies and objectives of the comprehensive land use, circulation and utility plans of the city; Response: The modification will allow a better compliance with City policies regarding landscaping and implementation of landscaped themes in PUD projects and, as such, would not be detrimental to their implementation. E. Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district; Response: It is assumed that this right is commonly enjoyed by other properties as the City has recommended the modification. This modification would allow greater consistency with existing neighborhoods and surrounding street landscaping approaches. F. The approval of the modification will be consistent with the purpose of this title; Response: The subdivision title allows for modifications to accommodate particular situations where modifications will allow the reasonable use of the property. The proposed modifications request would be consistent with. this purpose. -- - G. The modification cannot lessen the requirements of the zoning ordinance. Any such modification must be processed as a variance pursuant to ACC 18.70.010. Response: The proposed modification does not require the modification of the lot standards or setbacks or the land use requirements of the zoning code. Mr. Monte Bakken File #28377/0 April 7, 2006 Page 3 of 3 We would appreciate a review of this request concurrent with the review of the preliminary plat application. If you have any questions, please do not hesitate to contact me at (253) 473-4494. Sincerely, Jeffrey D. Mann. Project Engineer TKUJDM/ j - C:-investco Financial, Attn: Mr. Sean Martin I:\Lakeland-East\28377\Docs-Reports\Docwnents128377 040706 Plat Modification letter - landscape strip.doc BEFORE THE HEARINGS EXAMINER FOR THE CITY OF AUBURN In the Matter of the Application of ) LAKELAND EAST LLC, ) By Apex Engineering ) For a Preliminary Plat ) NO. PLT05-0006 FINDINGS, CONCLUSIONS AND RECOMMENDATION SUMMARY OF RECOMMENDATION The Hearing Examiner for the City of Auburn recommends to the Auburn City Council that a request for a preliminary plat to subdivide approximately 62.06 acres into 141 single family residential lots, two multi -family residential lots, and six tracts to provide stormwater facilities, utility easements, pedestrian access, open space, parkland, wetland protection, and shared access, be APPROVED, subject to conditions. In addition to this request, the Hearing Examiner recommends that the three waiver requests made by the Applicant in regards to City road standards be APPROVED. SUMMARY OF RECORD Request: Lakeland East LLC, through its agent Apex Engineering, requests approval of a preliminary plat for the subdivision of approximately 62.06 acres into 141 single family residential lots, two multi -family residential lots, and six tracts to provide stormwater facilities, utility easements, pedestrian access, open space, parkland, wetland protection, and shared access. The subject property is located generally east of Old Man Thomas Road, south of 62nd Street SE, and north of Lake Tapps Parkway, adjacent to the area known as the. "Lakeland Hills Planned Unit Development" in the City of Auburn, Pierce County, Washington. The Lakeland Hills neighborhood, has been under construction by the same developer since the early 1990s. Lakeland East LLC also made three deviation requests. The Applicant is requesting deviation from certain road standards to promote vehicular and pedestrian safety, aesthetics, and reasonable use of the site. Hearin: An open record hearing on the request was held before the Hearings Examiner for the City of Auburn on April 18, 2006. Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Lakeland East LLC Rezone/PUD Amendment Page 1 of 15 Testimony: At the open record hearing the following individuals presented testimony under oath 1. Steve Pilcher, Planner, City of Auburn 2. Stacey Borland, Planner, City of Auburn 3. Jeffrey Mann, Project Manager, Apex Engineering, Applicant's Representative 4. Sean Martin, Investco Financial Services — Managing Partner of Lakeland Hills LLC Exhibits: At the open record hearing the following exhibits were admitted as part of the official record: 1. Staff Report, dated April 12, 2006 2. Site Map 3. Notice of Application, dated March 17, 2006 4. Notice of Public Hearing 5. Confirmation of Publication of Notice of Public Hearing 6. Addendum to Final Environmental Impact Statement of Lakeland Hills, issued March 31, 2006 7. Preliminary Plat Application, received December 22, 2006 8. Preliminary Plat Map — Lakeland East (2 sheets) 9. Conceptual Grading Plan — Lakeland East (1 sheet) 10. Conceptual Utility Plan — Lakeland East (1 sheet) 11. Sight Distance Triangle Exhibit — Lakeland East (4 sheets) 12. Preliminary Landscape Plan — Lakeland East (7 sheets) 13. Conceptual Grading Plan — Lakeland East (1 sheet) 14. Lakeland East Wetland and Stream Analysis Report, prepared By B-12 Wetland Consulting, dated March 17, 2006 15. Preliminary Storm Drainage Report, prepared by Apex Engineering, dated February 13, 2006 16. Correspondence from City of Auburn to Applicant, dated January 26, 2006 RE: Zoning Code Interpretation — Minor Adjustment to PUD 17. Correspondence from Investco Financial to City of Auburn, dated December 21, 2005 RE: Master Landscaping Plan 18. Correspondence from Investco Financial to City of Auburn, dated December 21, 2006 RE: Master Signage Plan 19. Correspondence from Apex Engineering to City of Auburn, dated April 7, 2006 RE: Road Deviation Request # 1 20. Correspondence from Apex Engineering to City of Auburn, dated April 7, 2006 RE: Road Deviation Request #2 21. Correspondence from Apex Engineering to City of Auburn, dated April 7, 2006 RE: Road Deviation Request #3 22. City of Auburn Ordinance 5891, adopted December 20, 2004 RE: Adoption of Comprehensive Plan Map and Text Amendments 23. Affidavit of Posting of Legal Notice Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat — PLT05-0006 Page 2 of 15 24. Affidavit of Mailing of Legal Notice 25. Correspondence from Apex Engineering to City of Auburn, dated April 14, 2006 RE: Conditions of Approval 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, through its agent Apex Engineering, requests approval of a preliminary plat to subdivide approximately 62.06 acres into 141 single family residential lots, two multi -family residential lots, and six tracts to provide stormwater facilities, utility easements, pedestrian access, open space, parkland, wetland protection, and shared access. The property is generally located east of Old Man Thomas Road, south of 62n Street SE, and north of Lake Tapps Parkway SE. Lakeland East LLC is the same developer who has been constructing the Lakeland Hills PUD since the early 1990s. Exhibit 1, Staff report, Pages 1 and 3; Testimony of Pilcher. 2. Applicant's application includes 11 parcels that are the subject of the plat. All parcels are located within Pierce County and are referenced by Pierce County Tax Assessor's parcel numbers 0520052034, 0520052035, 0520052036, 0520052037, 0520053028, 0520053052, 0520053053, 0520056014, 0520056015, 0520056015, 0520056017, and 0520056022. Exhibit 3, Notice of Application; Exhibit 8, Preliminary Plat Map. 3. Notice of the public hearing was posted on the property on April 10, 2006. Notice of the public hearing was mailed to all property owners located within 300 feet of the affected site on April 10, 2006. Notice of the public hearing was published in the King County Journal on April 7, 2006. The notice provided in this matter erroneously stated that the property was "generally located between 52nd Street SE to the north ..." the property is located south of "62nd Street SE." Exhibits 4, 5, 23, and 24. 4. No public comment on the preliminary plat application was received in advance of the hearing nor was public testimony presented at the hearing. 5. The preliminary plat and a major amendment to the Lakeland Hills PUD were consolidated into one proceeding at the public hearing. 6. City of Auburn Ordinance 5891 approved and enacted the Comprehensive Plan Amendments as set forth in its attached documents and maps identified as "Exhibit A". Exhibit A, entitled "CPM# V, included a Site Map with areas affected by the amendment shown by `hatch markings.' The subject property is contained with Area 16. Exhibit 2, Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat — PL T05-0006 Page 3 of 15 Vicinity Map; Exhibit 22, Ordinance 5891 - CPM#1 Proposed Comprehensive Plan Map Amendment. 7. A portion of the plat would be developed on a 2.52 acre parcel of land labeled the "Walker Parcel" (Pierce County Tax Parcel 0520056015). This parcel was not included within the original Lakeland Hills PUD. Pursuant to ACC 18.76.170, the Planning Director has the authority to approve `minor adjustments' to the Lakeland Hills South PUD. Adjustments are minor if the do not affect permitted densities, change the basic character or condition of the PUD, or increase/decrease the perimeter boundaries by more than ten percent. The Walker parcel accounts for less than ten percent of the overall proposed plat and development, at the proposed density, would not increase the permitted density. Based on these factors, on January 26, 2006, the Planning Director approved the minor adjustment, amending the Lakeland Hills South PUD Agreement to reflect the inclusion of the Walker Parcel. Exhibit 1, Staff Report, Page 4; Exhibit 16, Director's Approval of Minor Adjustment; Testimony of Borland. 8. Ordinance 5981, adopting the Comprehensive Plan Map and Text Amendments for the Lakeland Hills PUD included specific provisions for the northernmost 20 acres adjacent to and contiguous with the neighborhoods of Eastpointe and Evergreen. The provisions provides that no "for rent, semi-detached, or attached housing products" shall be developed in this area and that development "shall be restricted to utilizing the development standards no more intense than Single Family Detached (SFD) provisions of ACC Chapter 18.76." The Applicant proposed single-family detached residential lots within this area; multi -family would be located at the southern border. Exhibit 1, Staff Report, Pages 5-6; Exhibit 22, Ordinance 5981 with Attachment; Testimony of Borland; Testimony of Pilcher; Testimony of Mann. 9. Surrounding land uses consist of residential development and vacant lands. Residential development of low and moderate densities is located in the surrounding areas with existing higher density PUD development of Lakeland Hills to the north, east, and west. Plat Exhibit 1, Staff Report, Page 2. 10. The subject property is zoned Lakeland Hills South PUD and designated as Moderate Density Residential under the City's Comprehensive Plan. Lakeland Hills South is a Planned Unit Development District (PUD) that was established by Pierce County's approval of the Lakeland Hills South Planned Development District. The PUD was accepted by the City as an approved PUD in 1998. The purpose of a PUD district is to offer enhanced flexibility in developing a site through the use of innovative and alternative development standards. A PUD district allows a greater range of residential development scenarios, provides for internal transfers of density, and may result in more dwelling units. In exchange for this enhanced flexibility, the PUD must provide a significantly higher quality of development, generate more public benefit, and be a more sensitive proposal. ACC 18.76.010; Ordinance 5092 (May 4, 1998; Plat Exhibit 1, Staff Report, Pages 1-2 Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat — PLT05-0006 Page 4 of 15 I 1. Lot numbers 1 to 141 are proposed for single family development. The Applicant proposed a minimum lot area of 4,050 square feet, with an average lot area of 5,381 square feet. Single family density would be 3.56 dwelling units per acre (du/acre). This density is consistent with the zoning code and the Moderate Density Residential Comprehensive Plan density of two to 14 du/acre. Plat Exhibit 1, Staff Report, Page 3; Plat Exhibit 8, Preliminary Plat Map; Testimony of Borland. 12. Lot numbers 142 and 143 are proposed for multi -family development. Lot 142 is approximately 11.02 acres. Lot 143 is approximately 11.44 acres. Plat Exhibit 1, Staff Report, Page 3; Plat Exhibit 8, Preliminary Plat Map; Testimony of Borland. 13. Development standards for the Lakeland Hills PUD are contained within ACC 18.76.060. The Applicant proposed to develop the 141 single family residential lots to SFD-5 standards (ACC 18.76.060(B)(2)). The Applicant proposed to develop the two multi- family residential lots to MFA -1 standards (ACC 18.76.060(B)(3)). The Applicant would like to retain the option of developing the two multi -family lots to SFD-5 standards. ACC 18.76.060; Plat Exhibit 1, Staff Report, Pages 3 and 6. 14. A Final Environmental Impact Statement (EIS) was issued for the Lakeland Hills South PUD in 1992. On March 31, 2006, after review of the requested preliminary plat, the City issued an Addendum to the Final EIS for the Lakeland Hills South PUD with no modifications to the Final EIS mitigation measures. Plat Exhibit 1, Staff Report, Page 6; Plat Exhibit 6, Addendum to Final EIS; Plat Exhibit 14, Lakeland East Wetland and Stream Analysis Report; Testimony of Borland; Testimony of Pilcher. 15. The Applicant retained B-12 Wetland Consulting to prepare an updated wetland and stream report for the subject property. The report notes that three wetlands exist on the site. Wetland B (65,315 square feet) and Wetland C (6,472 square feet) are both category II wetlands that are located in the eastern portion of the site. Pursuant to ACC 16.10.090(E), a category II wetland requires a minimum 50 foot buffer. The consultants recommended a 75 foot buffer for both Wetland B and Wetland C, stating that the increased would be needed to adequate protect the wetlands' functions and values. Wetland F (440 square feet) is a category III wetland located in the north/northeastern portion of the site. Pursuant to ACC 16.10.090(E), a category III wetland requires a minimum 25 foot buffer. The consultants concluded that a 25 foot buffer was adequate for Wetland F since the wetland provided minimal water quality and hydrological functions and very little habitat value. In addition to the delineated wetlands, an area located just south of Wetland C which had previously been listed as a wetland (Wetland S) was determined to not be a wetland but a non -wetland depression area. ACC 16.10.090; Plat Exhibit 1, Staff Report, Page 6; Plat Exhibit 14, Wetland and Stream Analysis Report; Testimony of Borland. Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat — PLT05-0006 Page 5 of 15 16. The proposal is within the Auburn 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 the City of Auburn. 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) states that when a City is 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 17.060.070(A) states that a subdivision must make adequate provisions for the general welfare of the community, including schools. The Applicant stated that they have met with the Auburn School District. According to the Applicant, the School District anticipates that students would walk to Thomas Avenue SE, a residential arterial with a landscaped median strip, to access bus transportation. Recommended conditions of approval would include the payment of school impact fees, as provided by ACC 19.02. Plat Exhibit 1, Staff Report, Page S; Testimony of Mann. 17. As part of the original Lakeland Hills PUD, a Master Landscaping Plan was prepared by Apex Engineering in July 2001. The Plan applies to all areas within the boundary of the PUD. Landscaping includes planting strips with street trees and median plantings. The stormwater drainage facility would be aesthetically landscaped to City standards. Park land and open space would be landscaped, with retention of native woodland -transitions areas. City Staff determined that the proposed landscaping is consistent with the July 2001 Master Landscaping Plan. Plat Exhibit 1, Staff Report, page 4; Plat Exhibit 12, Preliminary Landscape Plan; Exhibit 17, Correspondence — RE: Master Landscaping Plan. 18. As part of the original Lakeland Hills PUD, a Master Signage Plan was prepared by Apex Engineering in August 2002. The Plan outlines a comprehensive signage and monument program to ensure consistency of such features throughout the Lakeland Hills PUD. The Applicant proposed to install entry monuments at the northwest corner of the site, on either side of 62"d Street SE and at the southern border of the site, adjacent to Lake Tapps Parkway SE. City Staff determined that the proposed signage is consistent with the August 2002 Master Signage Plan. Plat Exhibit 1, Staff Report, Page 4; Plat Exhibit 8, Preliminary Plat Map; Plat Exhibit 18, Correspondence — RE: Master Signage Plan. 19. The Applicant requests three deviations or waivers from road design standards of the City of Auburn. Road Deviation No. 1 seeks to deviate from the standard road grade of six percent for short segments of 63`d Street SE and 65th Street SE. The Applicant stated that the justification for the deviation was the existing topography of the site and the grading required accommodating the proposed street system and lots while minimizing impacts to offsite areas and wetlands. Road Deviation No. 2 seeks to deviate from the required 375 - foot centerline curve radius for some of the proposed roadway curves. The Applicant stated that compliance with this standard would encourage higher vehicle speeds ' Washington State Constitution, Art. 9, § 1 Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat — PLT05-0006 Page 6 of 15 throughout the plat and affect their ability to provide the required 90 degree intersection angles. This deviation would apply to two centerline radius curves for Stuart Avenue SE and 63`d Street SE, two centerline radius curves for Thomas Place SE, one centerline radial curve for 66`h Street SE, and a centerline radial curve for Udall Avenue SE. Road Deviation No. 3 seeks a deviation to allow the placement of a landscape strip directly behind the curb on both sides of the street. Current City Public Works standards require the landscape strip to be located between the sidewalk and the curb on one side of the road while on the opposite side the sidewalk is adjacent to the curb. The deviation would allow for uniformity on both sides of the road. City Staff concurs with the Applicant's analysis of the deviation requests. As provided in ACC 17.18.010(A), the Hearing Examiner may recommend, and the City Council may approve, a modification to any standard or specification required by ACC Chapter 17.12 — Subdivision Improvements. Exhibit 1, Staff Report, Page 5; Exhibit 19, 20, and 21 Deviation Requests. 20. All proposed roadways within the Plat would be developed to City of Auburn standards and dedicated as public streets. Internal plat roads, except for Thomas Avenue SE, would be designed to "Local Residential" standards which include two — 14 foot wide drive lanes, curbs and gutters, a landscaping strip on one side of the roadway, sidewalks of both sides of the roadway, and illumination. Exhibit 1, Staff Report, Page 4; Exhibit 8, Preliminary Plat Map, 21. The original design of Thomas Avenue SE was to be to "Residential Collector Arterial" standards which include two — 18 foot drive lanes, curbs and gutters, landscaping strips and sidewalks on both sides of the roadway, and illumination. However, the City Engineer determined that to mitigate for increased traffic (volume and speed), ensure safe pedestrian crossings, and protect turning movements that Thomas Avenue SE should be designed with a center landscaped median from Lake Tapps Parkway SE to the Plat's northern border. Exhibit 1, Staff Report, Page 4; Exhibit 8, Preliminary Plat Map; Comprehensive Transportation Plan Policy TR -77; Testimony of Pilcher. 22. There are several existing single-family residence and associated outbuildings located on the subject property. All existing structures would be removed to accommodate the new development. Existing on-site septic systems and wells must be abandoned. Septic systems must be abandoned pursuant to Tacoma -Pierce County Health Department requirements. Wells must be abandoned pursuant to Washington State Department of Ecology and Tacoma -Pierce County Health Department requirements. Water rights for all abandoned wells are to be deeded/transferred to the City as required by ACC 13.06.150(C).2 Plat Exhibit 1, Staff Report, Page 4; Plat Exhibit 8, Preliminary Plat Map. 2 City Staff stated that ACC 13.06.150(C) was passed by the Auburn City Council, Ordinance 5974, January 19, 2006. The Hearing Examiner was not able to verify this statement. Although City Council minutes from January and February refer to Ordinance 5974, there is no record of this ordinance being passed by the Council. As such, Findings, Conclusions do Recommendation Hearings Examinerfor the City of Auburn Lakeland East LLC Plat — PLT05-0006 Page 7 of 15 23. The proposed plat would connect to City of Bonney Lake water. A Certificate of Water Availability was not submitted into the record. The Applicant testified that they are in the process of reaching agreement with the City of Bonney Lake and that preliminary analysis demonstrates capacity. Plat Exhibit 1, Staff Report, Page 4; Plat Exhibit 7, Preliminary Plat Application; Plat Exhibit 8, Preliminary Plat Map; Testimony of Mann. 24. The proposed plat would connect to City of Auburn sanitary sewer. The Applicant must abandon an on-site public sanitary sewer pump and construct an off-site pump station. In the alternative, the Applicant may wait until another developer constructs the pump station and then contribute a proportional payback fee. The Applicant would construct gravity sanitary sewer lines to City of Auburn standards. All sewer lines located outside of the public right-of-way are to be contained within 15 foot wide tracts. All tracts would be deeded to the City's sanitary sewer utility. Exhibit 1, Staff Report, Page 7; Exhibit 10, Conceptual Utility Plan. 25. The Applicant retained Apex Engineering to prepare a Preliminary Storm Drainage Report (Exhibit 15). The purpose of the report was to determine detention/water quality pond size to address stormwater control of the site. The Applicant proposed a single storm drainage facility, located in Tract A on the eastern portion of the site. The pond would outlet to the wetland/closed depression which bounds Tract A to the east. The pond would release at a rate equivalent to the 2 -Year Strom, 10-25-100 year existing flow rate. It was determined that increased run-off volume generated by the proposed plat would have a negligible impact on the adjacent wetland. Exhibit 15, Preliminary Storm Drainage Report. 26. ACC 17.12.260 generally requires a subdivision capable of supporting 50 more residential dwelling units to provide park land. The dedication of park land was addressed in the PUD agreement and has been satisfied within the PUD as a whole. No additional park land dedication is required. ACC 17.12.260; Testimony of Pilcher; Testimony of Borland. 27. Although not required, the Applicant proposed Tract E, a 3,255 square foot area located at the northeastern edge of the site, as a neighborhood park to be dedicated to the City. A play structure and picnic table would be provided. The tract would be aesthetically landscaped. In between Lot 141 (single family) and Lot 142 (multi -family) is a 30 foot wide pedestrian pathway easement. The pathway, which would be designed to City standards, would provide access to Lake Tapps Parkway SE. Exhibit 1, Staff Report, Page 4; Exhibit 8, Preliminary Plat Map; Exhibit 8 — Landscape Plan, Sheet L-5; Comprehensive Transportation Plan Policy TR -4. any condition of approval that seeks to utilize this provision would not be authorized until such time as the City passes this Ordinance. Findings, Conclusions & Recommendation Hearings Examiner for the City ofAuburn Lakeland East LLC Plat — PLT05-0006 Page 8 of 15 28. The plat would be a subordinate community within the Lakeland Hills PUD and under the Conditions, Covenants, and Restrictions (CC&Rs) administered by the Master Lakeland Homeowners Association. Exhibit 25. 29. The developers of Lakeland Hills PUD and the Auburn City Council have entered into an agreement to address traffic and fire impacts fees unique to Lakeland Hills. The fire impacts fees were assessed to address fire department service in the remote location of the PUD and the lack of a fire station within close proximity to the PUD. Conditions of approval would require the Applicant to pay these specific impact fees. Exhibit 1, Staff Report, Page 5; Testimony of Pilcher. CONCLUSIONS Jurisdiction Pursuant to Auburn City Code 18.66, the Hearings Examiner is granted jurisdiction to hear and make recommendations to the City Council. Jurisdiction for the Hearings Examiner to make recommendations for an application for a preliminary plat is pursuant to ACC 14.03.040(A) and 17.06.050. As provided in ACC 17.18.010(A), the Hearing Examiner may make recommendations for a modification to any standard or specification required by ACC Chapter 17.12 — Subdivision Improvements. Criteria for Review In order to approve a preliminary plat, pursuant to ACC 17.06.070, the Applicant must have provided support for the following: a. Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, 1, and sites for schools and school grounds. b. Conformance to the general purposes of the City of Auburn's Comprehensive Plan, to the general purpose of Title 17.02, and to the general purposes of any other applicable policies or plan which have been adopted by the City Council. c. Conformance to the City of Auburn's zoning ordinance and any other applicable planning or engineering standard and specifications. d. Potential environmental impacts of the proposal have been mitigated such that the proposal will not have an unacceptable adverse effect upon the quality of the environment. e. Adequate provisions have been made so that the preliminary plat will prevent or abate public nuisances. In order to approve a modification to a subdivision improvement standard or specification, pursuant to ACC 17.18.030, the Applicant must have provided support for the following: Findings, Conclusions & Recommendation Hearings Examinerfor the City ofAuburn Lakeland East LLC Plat — PLT05-0006 Page 9 of 15 I . The modification is necessary because of special circumstances related to the size, shape, topography, location, or surroundings of the subject property; to provide the owner with development rights and privileges permitted to other properties in the vicinity and zoning district in which the subject property is located. 2. Because of such special circumstances, the development of the property in strict conformity with the provisions of ACC Title 17 would not allow a reasonable and harmonious use of the property. 3. The modification, if granted, would not alter the character of the neighborhood, or be detrimental to surrounding properties in which the property is located. 4. The modification would not be materially detrimental to the implementation of the policies and objectives of the comprehensive land use, circulation, and utility plans of the City. 5. Literal interpretation of the provisions of ACC Title 17 would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district. 6. Approval of the modification would be consistent with the purpose of ACC Title 17. 7. The modification does not lessen the requirements of the zoning ordinance. Conclusions Based on Findings 1. Adequate provisions have been 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, and sites for schools and school grounds. The Applicant has made provisions for streets with sidewalks for pedestrian safety, including safe walking for school children. Recommended conditions of approval will provide for payments of school, traffic, and fire impact fees. The development will be served by City of Bonney Lake water and City of Auburn sanitary sewer. Existing on-site water and septic systems will be abandoned according to local and state law. Storm water facilities for the collection and retention of stormwater will be designed to City standards. Although park facilities have been provided throughout the PUD and are not required for this plat, the Applicant is providing park land, equipped with a play structure, and open space. A pedestrian walkway will provide access from the plat to Lake Tapps Parkway SE. On-site wetlands will be adequately buffered. The center median design of Thomas Avenue SE will provide mitigation for increased traffic (volume and speed) and safety for pedestrians. Findings of Fact Nos. 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29. 2. The plat conforms to the general purposes of the City of Auburn's Comprehensive Plan, Title 17.02 (Subdivisions), and to the general purposes of any other applicable policies or plan which have been adopted by the City Council. As conditioned, the plat would be consistent with the purposes and regulations of the subdivision title, with the City's design and construction standards, and would be consistent with the goals, objectives, and policies of the City's Comprehensive Plan and the Lakeland Hills South PUD. Findings of Fact Nos. 1, 3, 5, 6, 7, 8, 9, 10, 13, 17, 18, and 19. Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat — PLT05-0006 Page 10 of 15 3. The plat conforms to the City of Auburn's zoning ordinance, Title 18, and any other applicable planning or engineering standard and specifications. With conditions, the Applicant's proposal complies with all related City codes and standards including development standards for the Lakeland Hills South PUD zoning district. Findings of Fact Nos. 1, 3, 5, 10, 11, 12, 13, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29.. 4. Potential environmental impacts of the proposal have been mitigated such that the proposal will not have an unacceptable adverse effect upon the quality of the environment. The City, acting as lead agency, has determined that, as proposed, the plat's impacts on the environment were adequately mitigated through the Final EIS issued in 1992. Supplemental environmental review was conducted, with no modifications to the mitigating measures. Findings of Fact No. 14 and 15. 5. Adequate provisions have been made so that the preliminary plat will prevent or abate 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 (width, sidewalks, traffic calming, and visibility) will ensure safe pedestrian and traffic access within the development. Connection to City sewer and water will limit impacts on public health. 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. 19, 20, 21, 22, and 28. 6. The Applicant has provided support for the three deviation requests. The deviation requests are based on the site's topography and the location of critical areas (wetlands), the need to provide safe driving conditions, and a uniform aesthetic. All proposed deviation requests would provide reasonable and harmonious use of the property and would enhance the neighborhood, providing a safer, more aesthetically pleasing roadway. The deviations are consistent with the City's comprehensive plans and with the provisions of ACC Title 17. Literal interpretation of the provisions of ACC Title 17 would deprive the Applicant of rights commonly enjoyed by other properties in the area as the City has granted similar modifications within the Lakeland Hills South PUD. Findings of Facts No. 19. RECOMMENDATION Based upon the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends to the Auburn City Council that: Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat — PLT05-0006 Page 11 of 15 A. The three requests for deviation from City of Auburn design standards be APPROVED. B. The request for approval of preliminary plat for the subdivision of approximately 62.06 acres into 141 single family residential lots, two multi -family lots, and six tracts to provide stormwater facilities, utility easements, pedestrian access, open space, parkland, wetland protection, and shared access be APPROVED, subject to the following conditions: 1. In accordance with the conditions outlined in the Minor Adjustment to the Lakeland Hills South PUD, dated January 26, 2006, the Fourth Amendment to the Lakeland Hills South Agreement shall included the "Walker Parcel" (Pierce County Tax Parcel 0520056015) and be recorded prior to the final plat approval. 2. Prior to commencement of any grading activities, the Applicant/Developer shall staked, flagged, fence, and sign the buffers for Wetland B, Wetland BB, Wetland C, and Wetland F. Wetland signage content and location shall be subject to approval by the City of Auburn Director of Planning, Building, and Community Development. 3. The plat shall meet all conditions of the Lakeland Hills South Development Agreement, as amended. 4. As part of the engineering/construction drawings submitted for construction of the plat, the Applicant/Developer shall also submit engineering/construction drawings for the construction of all park improvements. The park improvements shall be subject to approval by the City of Auburn Parks Director. Approval must be received prior to approval of the construction drawings for the public infrastructure of the plat. The materials supplied and installed must meet current City Parks, Arts, and Recreation Department standards and by approved by the Parks Director prior to installation and final plat approval. 5. Prior to final plat approval, the Applicant/Developer shall coordinate and complete the abandonment of the existing public sewer pump station located upon the subject property. This abandonment shall include the salvaging of all electrical and mechanical equipment for delivery to the City of Auburn's Sanitary Sewer Utility. 6. The Applicant/Developer shall construct on-site gravity sanitary sewer lines and off-site gravity sanitary sewer lines. These new sewer lines shall connect to a new public pump station located per an approved basin study with the Findings, Conclusions & Recommendation Hearings Examiner for the City ofAuburn Lakeland East LLC Plat — PL T05-0006 Page 12 of 15 City of Auburn. All sewer lines shall be designed to Auburn Design Standards. 7. The Applicant/Developer shall construct the off-site sewer pump station or, in the alternative, wait until the pump station is completed by another developer. If the pump station is completed by another developer, the Applicant shall pay a payback fee for their pro rate share of the costs associated with the construction of the pump station. 8. All sanitary sewer lines located outside of the public right-of-way shall be placed within tracts. Tracts shall be a minimum width of 15 feet, centered over the sewer line. These tracts shall be deeded over to the City's Sanitary Sewer Utility. 9. Prior to final plat approval, all existing septic tanks shall be abandoned pursuant to Tacoma -Pierce County Health Department regulations. Copies of the approved abandonment documents from Tacoma -Pierce County Health Department shall be provided to the City prior to the commencement of any site grading. 10. Prior to review of civil plans, and as part of the final application submittal, the Applicant shall provide a current Certificate of Water Availability from the City of Bonney Lake. 11. Prior to final plat approval, the Applicant/Developer shall abandon all existing water wells pursuant to Washington State and Tacoma -Pierce County Health Department regulations. The Applicant shall deed/transfer the water rights for said wells to the City of Auburn. 12. Prior to final plat approval, the Applicant/Developer shall construct a center landscaped median on Thomas Avenue SE. The median shall extend the full length of Thomas Avenue SE from Lake Tapps Parkway SE to the northern border of the plat. The median shall be construction to the satisfaction of the City Engineer. 13. Prior to final plat approval, the Applicant/Developer shall create a combined 30 -foot wide utility and pedestrian access easement adjacent to Lot 141. The easement shall extend between the Plat and Lake Tapps Parkway SE. 14. Prior to final plat approval, the Applicant/Developer shall dedicate right-of- way and construct all roads within the plat, with the exception of Thomas Avenue SE, as local residential roads to City of Auburn Standards except where plat modifications (deviation requests) are granted by the City Council. Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat — PLT05-0006 Page 13 of 15 15. Prior to final plat approval, the Applicant/Developer shall dedicate right-of- way and construct Thomas Avenue SE as a residential collector. 16. Prior to final plat approval, the Applicant/Developer shall construct the fourth leg of the signalized intersection of Thomas Avenue SE and Lake Tapps Parkway SE. 17. The final plat shall include a note that states: No direct residential access to Thomas Avenue SE is permitted. 18. Sight distance triangles shall be dedicated as public right-of-way within the plat or as an easement outside of the plat. 19. Street trees shall be subject to approval by the City Engineer. A separate approval block shall be shown on the landscape plans for that purpose. 20. The final plat drawing shall include addresses for each lot as assigned by the City. 21. Asbestos containing materials shall be removed prior to demolition of all on- site structures. Disposal of the materials shall be done in accordance with the requirements of the Puget Sound Clean Air Agency, Washington State Department of Labor and Industries, and the Tacoma -Pierce County Health Department. 22. Any required Washington State Forest Practices approval shall be obtained prior to site clearing, grading, or logging. Verification of meeting Washington State Department of Natural Resources Forest Practices requirements shall be provided to the City prior to the issuance of any grading permits. 23. A Washington State Department of Ecology Construction Stormwater General Permit shall be required prior to the issuance of any grading permits. 24. As provided in ACC 19.02, the Applicant/Developer shall pay school impact mitigation fees to the Auburn School District. Payment of mitigation fees is required at the time of building permit issuance. 25. A traffic impact fee equivalent to the fee being collected for the Lakeland Hills South PUD shall be paid at the time of building permits for individual homes. 26. A fire impact fee equivalent to the fee being collected for the Lakeland Hills South PUD shall be paid at the time of building permits for individual homes. Findings, Conclusions & Recommendation Hearings Examinerfor the City of Auburn Lakeland East LLC Plat — PLT05-0006 Page 14 of 15 27. The Applicant/Developer shall comply with all mitigation measures as provided in the Final EIS .issued for Lakeland Hills, July 1992. Decided this day of May 2006 DRISCOLL & HUNTER Hearing Examiners for the City of Auburn By: THEODORE PAUL HUNTER Findings, Conclusions & Recommendation Hearings Examiner for the City ofAuburn Lakeland East LLC Plat — PLT05-0006 Page 15 of 15