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HomeMy WebLinkAbout10-17-2006 Mt View Estates ExhibitsAC[TYOF ,r I 11 WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 4096 "Mountain View Estates Preliminary Plat," October 9, 2006 Application No. PLT06-0002. Department: Planning, Attachments: Resolution No. 4096, Budget Impact: N/A Building, and Community for remaining items please refer to Exhibit List Administrative Recommendation: City Council adopt Resolution No. 4096 approving Mountain View Estates Preliminary Plat and affirming the Hearing Examiner's recommendation. Background Summary: On August 15, 2006 the Hearing Examiner held a public hearing on a proposed 30 lot preliminary plat called "Mountain View Estates." This property was annexed into the City of Auburn February 1, 2006. The request also has one plat modification request including: 1. The request is a deviation from the standard road grade of 6% for 58th Avenue South. The proposal is to have a grade slightly above 5% at the intersection of 58th Avenue South and the proposed plat roads. The existing topography of the unimproved right-of-way varies. The proposed improvements have been designed to best align with the existing topography and limit the amount of grading and/or retaining walls. On August 25, 2006, the Hearing Examiner issued a decision recommending the City Council approve the preliminary plat request subject to conditions and also recommending approval of the two plat modification requests. The hearing examiner also approved the variance request for lot depth on Lots 5 and 9 and special utilities exception for the sewer extension through steep slopes. Resolution No. 4096, if adopted, would affirm the recommendation of the Hearing Examiner. The cases were placed on the agenda of the regular City Council meeting on Monday, September 18, 2006. At that meeting, the City Council decided to conduct a closed record hearing on the Plat request. In accordance with ACC 18.66.180, "Upon (conducting) its own closed record hearing, the City Council may affirm, reject or modify the Hearing Examiner's recommendation or take whatever, action it deems appropriate pursuant to law." L1017-1 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ® Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ® Hearing Examiner ❑ Municipal Serv. ❑ Finance 21 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: Davolio Meeting Date: October 17, 2006 Item Number: II.A.2 Page 1 of 2 AUBURN* MODE THAN YOU IMAGINED Agenda Subject: Resolution No. 4096 List of Exhibits 1. Staff Report dated August 8, 2006 2. Preliminary Plat Application received January 31, 2006 3. Notice of Application dated June 3, 2006** 4. Notice of Public Hearing dated August 4, 2006** Date: October 17, 2006 5. Affidavit of Posting of Legal Notice By Staff dated August 7, 2006** 6. Mitigated Determination of Non -significance dated July 10, 2006 7. Determination of Completeness dated May 18, 2006** 8. Environmental Checklist dated June 28, 2006 9. Mountain View Estates Preliminary Plat Map Pages 1-8, Preferred Engineering, received August 8, 2006 10. Storm Drainage Report prepared by Preferred Engineering dated January 27, 2006** 11. Downstream Analysis Report prepared by Preferred Engineering dated April 17, 2006** 12. Slope Assessment of Sewer Alignment prepared by SubTerra, Inc dated January 9, 2006** 13. Geotechnical Analysis prepared by Bergquist Engineering Services dated April 7, 2006** 14. Wetland Determination Report prepared by Ecological Land Services dated December 8, 2005** 15. Update to Wetland Report by Preferred Engineering dated June 26, 2006** 16. Traffic Impact Analysis, prepared by Christopher Brown & Assoc., dated December 19, 2005, with updated dated May 15, 2006 and June 22, 2006** 17. Letter from Phillip Kitzes, PK Enterprises, to Dennis Dowdy regarding Plat Modification — Road Deviation Request #1, dated June 16, 2006 18. Letter from Phillip Kitzes, PK Enterprises, to Dennis Dowdy regarding Plat Modification — Road Deviation Request #2, dated April 17, 2006 19. Letter from Phillip Kitzes, PK Enterprises, to Steve Pilcher regarding Special Exception for Public Agencies and Utilities, dated April 17, 2006 20. Letter from Phillip Kitzes, PK Enterprises, to Steve Pilcher regarding Variance Request for Lot Width, dated June 28, 2006 21. Comments from Muckleshoot Indian Tribe, Washington State Department of Transportation (WSDOT), and Lakehaven Utility District 22. Comment email from Thomas P. Jones, dated August 14, 2006 23. Emergency Secondary Access Map dated April 17, 2006 ** = Exhibit is not included in the packet but is available for review upon request. Page 2 of 2 RESOLUTION NO. 4096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A PRELIMINARY PLAT APPLICATION TO SUBDIVIDE 9.01 ACRES INTO 30 LOTS AND ONE TRACT FOR PARK FACILITIES WITH ONE PLAT MODIFICATION, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. PLT06-0002, dated January 31, 2006, has been submitted to the City of Auburn, Washington, by Prius Tri -Land Group LLC, requesting approval of a preliminary plat application to subdivide 9.01 acres into 30 lots for future residential development with one plat modification, and park 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 August 15, 2006, after which, on August 25, 2006, the Hearing Examiner made Findings of Fact, Conclusions of Law and Recommendations in which the Hearing Examiner recommended approval of the preliminary plat subject to conditions; and WHEREAS, the City Council, at its meeting of October 17, 2006, considered and affirmed the Hearing Examiner's recommendation for preliminary plat based upon said Findings, Conclusions and Recommendations. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON HEREBY RESOLVES as follows: Resolution 4096 October 6, 2006 Page 1 of 6 Section 1. The Hearing Examiner's Findings, Conclusions and Recommendations attached hereto as Exhibit "A" incorporated in this Resolution by this reference, are hereby approved and adopted. Section 2. The request for preliminary plat approval to subdivide 9.01 acres into 30 lots for future residential development, and street and park 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. The proposal shall conform to the following City of Auburn regulations and standards: • ACC Title 10 — Vehicles and Traffic • ACC Title 12 — Streets, Sidewalks and Public Works • ACC Title 13 - Water, Sewer, and Public Utilities • ACC Title 14 - Project Review • ACC Title 15 — Buildings and Construction • ACC Title 16 — Environmental • ACC Title 17 — Subdivisions • ACC Title 18 — Zoning • ACC Title 19 — Impact Fees • City of Auburn Construction and Design Standards 2. Mitigation measures as outlined Nonsignificance (MDNS) date July final plat approval. in the Mitigated Determination of 10, 2006 shall be completed prior to 3. Prior to final plat approval, a landscaping plan with applicable cross sections is required. 4. On-site drainage flows from the proposed plat of Mountain View Estates shall be directed to the proposed on-site storm drainage facility for the Stipp's Meadow Preliminary Plat. If the Stipp's Meadow Preliminary Plat is never constructed then an alternate storm drainage design is required for the plat of Mountain View Estates 5. Pipeline conveyance improvements necessary to convey on-site drainage flows from the Mountain View Estates preliminary plat to the storm Resolution 4096 October 6, 2006 Page 2 of 6 drainage facility for the Stipp's Meadow preliminary plat, shall be designed for the 100 -year post -development flow. 6. All storm drainage conveyance lines required to manage the upstream bypass surface flows shall not be combined with the proposed on-site storm drainage system. Maintenance access shall be provided to all structures proposed to be in public ownership. 7. Public storm drainage facilities shall be constructed to adequately manage the storm water quantity and quality impacts from the proposed public street improvements associated with the project. Storm drainage from the public street improvements shall not drain onto private properties. 8. Prior to issuance of clearing or grading permits, a grading plan for grading and clearing necessary for both the construction of infrastructure such as roads and utilities and for lot grading shall be submitted and approved by the City of Auburn. The purpose of the plan should be to accomplish the maximum amount of grading at one time to limit or avoid the need for subsequent grading and disturbance, including grading of individual lots during home construction. This plan shall show quantities and locations of excavations, and embankments, the design of temporary storm drainage detention system, and methods of preventing drainage, erosion and sedimentation from impacting adjacent properties, natural and public storm drainage systems and other near by sensitive areas. All the measures shall be implemented prior to beginning phased on-site filling, grading or construction activities. 9. The applicant shall secure easements from the City of Auburn Parks Department prior to the issuance of a FAC permit for sewer main extension along the north property line of the Mountain View Cemetery. If the off-site sewer main improvements extend onto the property north of Mountain View Cemetery, then the applicant shall secure easements from the property owner. 10. Prior to issuance of grading and FAC permits, the applicant shall submit further geotechnical analysis of the sewer main extension from the valley floor, along the north property line Mountain View Cemetery, to the project site to review and analyze steep slope construction techniques and flow velocities. 11. Any critical areas impacted by the off-site sewer system construction, shall be mitigated in accordance with Auburn City Code including submittal of reports and plans. Resolution 4096 October 6, 2006 Page 3 of 6 12.All utilities shall be placed within the public right-of-way. If utilities need to be placed on private property then access tracts with suitable driving surfaces shall be established. 13. The applicant shall provide sewer stubs to adjacent parcels. 14. Sewer manholes shall be placed for ease of access for maintenance and to facilitate future main line extensions and avoid 90 degree bends. 15. 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. 16.All tracts not dedicated to the City of Auburn shall be maintained by the future Homeowners' Association. 17.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. 18. Prior to final plat approval, the sight distance triangle at the southeast side of the intersection of South 328 Street and 56th Avenue South shall be dedicated as public right-of-way. Prior to vertical construction, vegetation within the sight distance triangle shall be removed and mechanisms in place to prevent the growth of vegetation which obscures sight lines within the sight distance triangle from a height between 3 feet and 8 feet. 19. Half street improvements shall be required for 58th Avenue South. 20. The developer shall construct on-site gravity sanitary sewer lines and off site gravity sanitary sewer lines to the subject property. All lines shall be per Auburn Design Standards. 21. Prior to final plat approval, all existing septic tanks shall be abandoned per the King 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. Resolution 4096 October 6, 2006 Page 4 of 6 22. 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 Lakehaven Utility District. 23. Prior to final plat approval, the developer shall abandon existing wells, if any, per Washington State and King County Health Department regulations and deed/transfer the water rights for said wells over to the City of Auburn or to the Lakehaven Utility District at the sole discretion of the Lakehaven Utility District. 24. Prior to final plat approval, construct all roads within Auburn Standards except Council. the developer shall dedicate the plat as local residential where plat modifications are right of way and roads to City of granted by City 25.The final plat shall include a note that states no direct residential access to 58th Avenue South is permitted. 26. 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. 27. The final plat drawing shall include addresses for each lot as assigned by the City. 28. Fire hydrants and mains capable of providing the required fire flow shall be provided in accordance with the City of Auburn Design Standards. Fire hydrant location shall be approved by the Fire Marshal. 29. Prior to final acceptance of the public improvements, "No Parking this side" signs, in accordance with City of Auburn standard details, shall be installed along the new residential cul-de-sacs. 30. Prior to final acceptance of the pubic improvements, the proposed hammerhead turn -a -round and access tracts shall be signed and marked "Fire Lane" in accordance with ACC 10.36.175. 31. The existing secondary access gate across South 322nd Place shall be installed with a Rapid Access Electric Key Switch (Knox). 32. The applicant shall work with the Fire Department and King County on installation of a controlled access system at the north boundary of the project to prevent vehicular access north along 58th Avenue South. The controlled access shall be installed with a Rapid Access Electric Key Switch (Knox). The system shall be purchased and installed at the Resolution 4096 October 6, 2006 Page 5 of 6 expense of the applicant. The final system must be acceptable to the Fire Department. 33.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 King County Health Department. 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. ATTEST: Danielle E. Daskam, City Clerk TO FO aaniel B. ei , City Attorney Resolution 4096 October 6, 2006 Page 6 of 6 CITY OF AUBURN PETER B. LEWIS, MAYOR Exhibit A Number of Pages 12 BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN In the Matter of the Application of ) PRIUS TRI -LAND GROUP LLC ) For Approval of a Preliminary Plat NO. PLT06-0002 FINDINGS, CONCLUSIONS AND RECOMMENDATION MOUNTAIN VIEW ESTATES SUMMARY OF RECOMMENDATION The Hearing Examiner for the City of Auburn recommends to the Auburn City Council that the Mountain View Estates preliminary plat be APPROVED, subject to conditions. SUMMARY OF RECORD Request: Prius Tri -Land Group LLC represented by its member, Phillip Kitzes, (Applicant), requests approval of a preliminary plat application to subdivide two parcels of land, approximately 9 acres in combined area, into 30 lots for future single-family residential development, two new public roads, and one park tract. The subject property is located at 32516 58th Avenue South, Auburn, Washington. Hearin Date: The Hearing Examiner for the City of Auburn held an open record hearing on the request on August 15, 2006. Testimony: The following individuals presented testimony under oath at the open record hearing: 1. Elizabeth Chamberlain, Planner, City of Auburn 2. Joseph Welsh, Transportation Planner, City of Auburn 3. Phillip Kitzes, Stipp's Meadow LLC, for Applicant 4. Thomas Jones Page 1 of 12 Exhibits: The following exhibits were admitted into the record: 1. Staff Report dated August 8, 2006 2. Preliminary Plat Application received January 31, 2006 3. Notice of Application dated June 3, 2006 4. Notice of Public Hearing dated August 4, 2006 5. Affidavit of Posting of Legal Notice By Staffs dated August 7, 2006 6. Mitigated Determination of Nonsignificance dated July 10, 2006 7. Determination of Completeness dated May 18, 2006 8. Environmental Checklist dated June 28, 2006 9. Mountain View Estates Preliminary Plat Map Pages 1-8, Preferred Engineering, received August 8, 2006 10. Storm Drainage Report prepared by Preferred Engineering dated January 27, 2006 11. Downstream Analysis Report prepared by Preferred Engineering dated April 17, 2006 12. Slope Assessment of Sewer Alignment prepared by SubTerra, Inc dated January 9, 2006 13. Geotechnical Analysis prepared by Bergquist Engineering Services dated April 7, 2006 14. Wetland Determination Report prepared by Ecological Land Services dated December 8, 2005 15. Update to Wetland Report by Preferred Engineering dated June 26, 2006 16. Traffic Impact Analysis, prepared by Christopher Brown & Assoc., dated December 19, 2005, with updated dated May 15, 2006 and June 22, 2006 17. Letter from Phillip Kitzes, PK Enterprises, to Dennis Dowdy regarding Plat Modification — Road Deviation Request # 1, dated June 16, 2006 18. Letter from Phillip Kitzes, PK Enterprises, to Dennis Dowdy regarding Plat Modification — Road Deviation Request #2, dated April 17, 2006 19. Letter from Phillip Kitzes, PK Enterprises, to Steve Pilcher regarding Special Exception for Public Agencies and Utilities, dated April 17, 2006 20. Letter from Phillip Kitzes, PK Enterprises, to Steve Pilcher regarding Variance Request for Lot Width, dated June 28, 2006 21. Comments from Muckleshoot Indian Tribe, Washington State Department of Transportation (WSDOT), and Lakehaven Utility District 22. Comment email from Thomas P. Jones, dated August 14, 2006 23. Emergency Secondary Access Map dated April 17, 2006 ' Laura Kight's affidavit is titled "Affidavit of Mailing of Legal Notice By Staff' but in its text Laura Kight only certifies that she "affix[ed] a Notice of Public Hearing ... to the land use posting board erected at the above site." Exhibit 3, page 2. This oversight should be corrected in future affidavits. Despite this, it is clear that reasonable notice of the hearing was given. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Prius Tri -Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002 Page 2 of 12 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 two parcels of land, approximately 9 acres in combined area, into 30 residential lots, two new public streets, and a park tract. The subject property is located at 32516 58th Avenue South in Auburn, Washington. The parcel is identified by King County Parcel Numbers 9262800210 and 9262800280.2 Exhibit 1, page 1. Exhibit 2, pages 1- 3. Exhibit 9. 2. The site is currently occupied by a single-family residence. The Applicant proposes to retain the current structure on lot 6. Exhibit 1, page 2. Exhibit 9. This proposed plat, Mountain View Estates, is being developed in conjunction with another proposed plat nearby, Stipp's Meadow (File No. PLT06-0001). The stormwater tract included on the Stipp's Meadow plat will hold the stormwater facility for both proposed plats. Additionally, the Applicant proposes to extend City of Auburn sewer service to the area in order to serve both proposed plats. Exhibit 1, page 10. Exhibit 8, pages 3 and 8. Exhibits 12, 15, 19, and 22. Testimonies of Elizabeth Chamberlain and Phillip Kitzes. 4. The proposed development will not have a probable significant adverse environmental impact. Water and sewer will be provided to the development by public utilities. The site's stormwater will be detained and treated at the nearby Stipp's Meadow development. The site is not within a wetland or stream buffer. No threatened or endangered species is known to be present on site. Adequate transportation facilities will be available. Care will be taken during construction to mitigate noise, erosion, and other problems inherent in construction. Exhibit 1, page 2. Exhibits 2, 6, 8, 14, 15, 19, and 20. Testimony of Elizabeth Chamberlain. 5. The subject property is zoned R-1, Single Family Residential, and is designated as Single Family Residential by Auburn's Comprehensive Plan. Exhibit 1, pages 1-3. The R-1 zone is "intended to create a living environment of optimum standards for single-family dwellings. It is further intended to limit development to relatively low degrees of density." Auburn City Code (ACC) 18.12.010. The R-1 zone permits detached single family dwellings and playgrounds. ACC 18.16 020(A), (D). 6. The proposed plat satisfies the R-1 zone development standards except the lot depth requirement on lots 5 and 9. Development standards within the R-1 zone include: minimum lot size for single family dwellings — 8,000 square feet; minimum lot width — 75 feet; minimum lot depth - 100 feet. Required setbacks include: front yard — 25 feet; 2 A legal description is included on page 3 of Exhibit 2. Findings, Conclusions, and Recommendation Hearings Examinerfor the City ofAuburn Prius Tri -Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002 Page 3 of 12 side yard — 5 feet (interior, lot width less than 75 feet), 5 feet one side and 10 feet on the other (interior, lot width 75 feet or greater), 10 feet (street); rear yard — 25 feet. The Applicant proposes 30 single-family residential lots. The single-family lots range in size from 8,048 square feet to 17,378 square feet. The proposed lots 5 and 9 each have a depth of only 75 feet although they have greater widths. ACC 18.12.040. Exhibit 1, pages I and S; Exhibits 9 and 20. 7. The short lot depth for lot 5 is a necessitated by the physical aspects of the parcels. The slope in the northeast corner of the site prevents building and is set aside as a Natural Growth Protection Area. Additionally, the dimensions of the parcels require that both lots be accessed by a private drive, but the private drive is treated as a public street for set back requirements. The dimensions also affect the lot layout; in this case, if the lot width was taken as the depth then the lots would be fully compliant. Even allowing these slightly shallower lots, the density of the development is below the targeted minimum of 4 units per acre and is far below the zoning maximum of 5.4. Exhibit 1, pages 6-8; Exhibits 9 and 20. 8. Surrounding properties are similarly zoned and developed. Properties to the north and west are in King County and zoned R-4 (4-6 dwelling units/acre). The property to the east is zoned RS, Single Family Residential. These surrounding properties are already developed with residences. The property to the south is zoned Public Facilities, P-1, and is vacant. Exhibits 1, page 3; Exhibits 9 and 23. King County Code 21A. 12.030(A). 9. The local street system is adequate to accommodate the proposed development. The subject property is located on the east side of 58th Avenue South. Vehicular access to the property will rely upon 56th Avenue South and South 328th Street. A traffic impact study was conducted to evaluate the combined impacts of Stipp's Meadow and Mountain View Estates. Mountain View Estates will generate 30 new PM peak hour trips. The addition of the new trips to the AM and PM peak hours will not cause any nearby intersections to fall below level of service 'E'. The Applicant provided further study data to address the concerns expressed by King County and the County has no further comment. Joseph Welsh, Transportation Engineer, City of Auburn, testified that the City is satisfied with current provisions and that the comments from WSDOT have been appropriately considered. No information was presented about the relationship between the proposed plat and Auburn's implementation of transportation concurrency. Exhibits 1, pages 2 and 3. Exhibits 9, 16, 21, and 23. Testimonies of Elizabeth Chamberlain and Joseph Welsh. a RCW 36.70A.070(6)(b) requires local jurisdictions, including the City of Auburn, to "adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan." Auburn's concurrency policies are set forth in its comprehensive plan at page 7-16. The policies are numbered TR -17 and TR -18. City of Auburn Comprehensive Plan with revisions through December 2004, Section 7, Transportation. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Prius Tri -Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002 Page 4 of 12 10. Emergency access to Mountain View Estates is both appropriate and adequate. Emergency access will be available through 58th Avenue South. Emergency vehicles will be able to access 58th Avenue South by two separate approaches. The first is the public access via South 328th Street from its intersection with 56th Avenue South. The second access is from South 322nd Place from its intersection with 56th Avenue South. Exhibit 1, pages 2 and 3; and Exhibits 9 and 23. Testimonies of Joseph Welsh and Phillip Kitzes. 11. The access to lots 2 and 3 is acceptable to the City. All the other lots will access 58th Avenue South by new public streets, but lots 2 and 3 will access 58th Avenue South by a joint private drive. Lot 2 will not be allowed to directly access 58th Avenue South at any time. The separation between the private drive and nearby intersections is sufficient. Exhibit 9. Testimony of Joseph Welsh. 12. The Applicant requested two Road Deviations for improvements related to Mountain View Estates. The first request is for a deviation from the standard road grade of 6% along 58th Avenue South. The Applicant's proposal improves on the existing grade that varies between 5 and 17 percent by creating a road that is usually less than 6% but occasionally increases to 8.7%. Emergency vehicle access requires a grade of less than 12%. The second request is for a deviation from the standard centerline radius from 375 feet to 50 feet. Since the road will serve such a small number of vehicles, the deviation does not pose a safety concern. Exhibit 1, page 10. Exhibits 17 and 18. Testimony of Joseph Welsh. 13, The Applicant proposes to connect to the City of Auburn sanitary sewer service and obtain water from the Lakehaven Utility District. The City testified that plat would use the City's sewer service and that sufficient capacity was available. Lakehaven did not express any concerns in its comments. Exhibit 2, page 1. Exhibits 19 and 21. Testimony of Elizabeth Chamberlain. 14. The Applicant proposes to extend the City's sewer system 1,800 linear feet and an unspecified number of vertical feet from the valley floor to serve the new developments. The line will sometimes follow a gradient greater than 70%. There are some questions about the stability of the slope and the exact path of the new sewer line, but the City will be working closely with the developer to ensure the project is completed properly. Exhibits 12 and 19. Testimony of Elizabeth Chamberlain, 15. The development will pay school impact fees at the time of building permit issuance to mitigate its impacts on the school system. The proposal is within the Auburn School District. Elementary age children will most likely attend the Evergreen Heights Elementary School. The proposal includes building sidewalks along 58th Avenue South for the length of the project. The related Stipp's Meadow development will provide sidewalks along most of South 328th Street. Together these improvements will provide Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Prius Tri -Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002 Page 5 of 12 safe pedestrian access to the school bus stop along 56th Avenue South for schoolchildren. Exhibit 1, pages 4, S, and 9. 16. The proposed plat includes a park, labeled Tract A, bordering lots 6 and 9. The City of Auburn Parks Department has determined that this space is adequate provision for the open space and recreational needs of the plat's future residents. Open space will also be provided by a Native Growth Retention Area labeled Tract C and located along a slope in the northeast corner of the site. Exhibit 1, page 4; and Exhibit 9. 17. The Stipp's Meadow plat makes sufficient provision for stormwater detention and treatment for both the Stipp's Meadow development and the proposed Mountain View Estates development. Building a single detention pond for both developments is also easier for the City since it will then have only one site to maintain. The proposed stormwater system will resolve existing deficiencies in the present stormwater system. The storage pond will be fenced. Exhibit 1, page 11. Exhibit 9. Testimony of Elizabeth Chamberlain. 18. The City of Auburn Comprehensive Plan sets forth goals for density, housing diversity, and neighborhoods that are relevant to this proposal. Policy LU -14 states that the majority of single family residential development should be done at a density between 4 and 6 dwelling units per acre. This policy is echoed in Chapter 18.12 ACC. Objectives 7.2 and 7.3 both support the development of more single family homes. Exhibit 1, page 3. City of Auburn Comprehensive Plan with revisions through December 2004 pages 3- 14 to 3-16. 19. Thomas Jones attended the hearing and spoke to his concerns about the proposed development's provisions vehicle access. Thomas Jones testified that he thought that 58th Avenue South should be fully connected to the street system by a road other than South 328th Street and that connecting the plat to South 328th Street would cause problems during high traffic periods. Exhibit 22. Testimony of Thomas Jones. 20. Joseph Welsh, Transportation Planner, City of Auburn, testified that using South 328th Street for the access road was a safe option and that current proposal satisfied all safety considerations for emergency access. Testimony of Joseph Welsh. 21. Sufficient notice of the hearing was given by the City of Auburn. Notice of the hearing was posted at the site on August 3, 2006. Notice of the hearing was mailed to all property owners within 300 feet of the site.4 Exhibits 4 and 5. 4 ACC 17.06.030(C)(1) requires publication in a newspaper of general circulation within the county where the land for the proposed subdivision is located. The record does not include evidence of such publication. Additionally, the record does not specify when the notice was mailed to property owners within 300 feet. However, notice was posted and thus reasonable notice of the hearing was given in accordance with legal requirements. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Prius Tri -Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002 Page 6 of 12 CONCLUSIONS Jurisdiction Pursuant to Auburn City Code (ACC) 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 approval of a preliminary plat is pursuant to ACC 14.03.040(A) and 17.06.050. 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: 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 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. 3. Conformance to the City of Auburn's zoning ordinance and any other applicable planning or engineering standard and specifications. 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. 5. Adequate provisions have been made so that the preliminary plat will prevent or abate public nuisances. Conclusions Based on Findines 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. With conditions, the proposed plat will adequately provide for streets with sidewalks for pedestrian safety, including safe walking for school children. Schools will be provided for through impact fees at the time of building permit issuance. Stormwater from the proposed plat will be detained and treated at facilities incorporated in the nearby Stipp's Meadow development. The proposed new public streets and street improvements will provide adequate vehicle access for regular users. The provisions for secondary emergency access area also sufficient. The proposal sets aside adequate open space for recreation on-site. The plat will be connected to public utilities for water and sanitary wastes. Findings 1, 3, 4, 9, 10, 12, 13, 14, 15, 16, 17, and 20. 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 Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Prius Tri -Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002 Page 7 of 12 policies or plan which have been adopted by the City Council. As conditioned, the subdivision would be consistent with the purposes and regulations of the subdivision title, substantially consistent with the City's design and construction standards, and would be consistent with the goals, objectives, and policies of the City's Comprehensive Plan. Conclusion 1. Findings 5, 6, 7, 8, and 18. 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 substantially complies with all related City codes and standards including development standards for the R-1 zoning district. Physical conditions at the site require small deviations from the planning and engineering standards, but deviations will not change the character of the neighborhood nor impair public welfare. Findings 5, 6, 7, 8, 12, and 20. 4. Lots 5 and 9 meet the requirements for a lot depth variance.5 The 75 foot lot depth is necessitated by the physical character of the site, including its dimensions and a steep slope. The short depth will not allow for greater lots than the zoning, would help the development comply with the comprehensive plan, and would not adversely affect surrounding properties. The lots are a reasonable and harmonious use of the land and allow the owner to achieve lots yields similar to those enjoyed by others in the area. Findings 1, 5, 6, 7, and 8. 5. 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 the lead agency, determined that, as proposed, the Plat does not have a probable significant adverse impact on the environment. No wetlands or protected species exist on site. The stormwater system will prevent runoff from damaging nearby land. Findings 4, 9, 13, 16, and 17. 6. 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. The new public streets and half -street improvements to surrounding streets will ensure safe pedestrian and traffic access within the development. Connection to public sewer and water will limit impacts on public health. Conclusion 1. Findings 4, 7, 12, 13, and 20. 5 ACC 18.70.010 Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Prius Tri -Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002 Page 8 of 12 RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner for the City of Auburn recommends to the Auburn City Council that the request for approval of preliminary plat to subdivide two parcels of land, approximately 9 acres in combined area, into 30 residential lots, two new public roads, and a recreation area be APPROVED, subject to the following conditions:6 1. The proposal shall conform to the following City of Auburn regulations and standards: • ACC Title 10 — Vehicles and Traffic • ACC Title 12 — Streets, Sidewalks and Public Works • ACC Title 13 - Water, Sewer, and Public Utilities • ACC Title 14 - Project Review • ACC Title 15 — Buildings and Construction • ACC Title 16 — Environmental • ACC Title 17 — Subdivisions • ACC Title 18 — Zoning • ACC Title 19 — Impact Fees • City of Auburn Construction and Design Standards 2. Mitigation measures as outlined in the Mitigated Determination of Nonsignificance (MDNS) date July 10, 2006 shall be completed prior to final plat approval. 3. Prior to final plat approval, a landscaping plan with applicable cross sections is required. 4. On-site drainage flows from the proposed plat of Mountain View Estates shall be directed to the proposed on-site storm drainage facility for the Stipp's Meadow Preliminary Plat. If the Stipp's Meadow Preliminary Plat is never constructed then an alternate storm drainage design is required for the plat of Mountain View Estates 5. Pipeline conveyance improvements necessary to convey on-site drainage flows from the Mountain View Estates preliminary plat to the storm drainage facility for the Stipp's Meadow preliminary plat, shall be designed for the 100 -year post -development flow. 6. All storm drainage conveyance lines required to manage the upstream bypass surface flows shall not be combined with the proposed on-site storm drainage system. Maintenance access shall be provided to all structures proposed to be in public ownership. 7. Public storm drainage facilities shall be constructed to adequately manage the storm water quantity and quality impacts from the proposed public street improvements associated with the project. Storm drainage from the public street improvements shall not drain onto private properties. 6 Conditions include both legal requirements applicable to all developments and conditions to mitigate the specific impacts of this development. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Prius Tri -Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002 Page 9 of 12 8. Prior to issuance of clearing or grading permits, a grading plan for grading and clearing necessary for both the construction of infrastructure such as roads and utilities and for lot grading shall be submitted and approved by the City of Auburn. The purpose of the plan should be to accomplish the maximum amount of grading at one time to limit or avoid the need for subsequent grading and disturbance, including grading of individual lots during home construction. This plan shall show quantities and locations of excavations, and embankments, the design of temporary storm drainage detention system, and methods of preventing drainage, erosion and sedimentation from impacting adjacent properties, natural and public storm drainage systems and other near by sensitive areas. All the measures shall be implemented prior to beginning phased on-site filling, grading or construction activities. 9. The applicant shall secure easements from the City of Auburn Parks Department prior to the issuance of a FAC permit for sewer main extension along the north property line of the Mountain View Cemetery. If the off-site sewer main improvements extend onto the property north of Mountain View Cemetery, then the applicant shall secure easements from the property owner. 10. Prior to issuance of grading and FAC permits, the applicant shall submit further geotechnical analysis of the sewer main extension from the valley floor, along the north property line Mountain View Cemetery, to the project site to review and analyze steep slope construction techniques and flow velocities. 11. Any critical areas impacted by the off-site sewer system construction, shall be mitigated in accordance with Auburn City Code including submittal of reports and plans. 12. All utilities shall be placed within the public right-of-way. If utilities need to be placed on private property then access tracts with suitable driving surfaces shall be established. 13. The applicant shall provide sewer stubs to adjacent parcels. 14. Sewer manholes shall be placed for ease of access for maintenance and to facilitate future main line extensions and avoid 90 degree bends. 15. 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. 16. All tracts not dedicated to the City of Auburn shall be maintained by the future Homeowners' Association. 17. 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. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Prius Tri -Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002 Page 10 of 12 18. Prior to final plat approval, the sight distance triangle at the southeast side of the intersection of South 3284' Street and 56`b Avenue South shall be dedicated as public right-of-way. Prior to vertical construction, vegetation within the sight distance triangle shall be removed and mechanisms in place to prevent the growth of vegetation which obscures sight lines within the sight distance triangle from a height between 3 feet and 8 feet. 19. Half street improvements shall be required for 580'Avenue South. 20. The developer shall construct on-site gravity sanitary sewer lines and off site gravity sanitary sewer lines to the subject property. All lines shall be per Auburn Design Standards. 21. Prior to final plat approval, all existing septic tanks shall be abandoned per the King 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. 22. 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 Lakehaven Utility District. 23. Prior to final plat approval, the developer shall abandon existing wells, if any, per Washington State and King County Health Department regulations and deed/transfer the water rights for said wells over to the City of Auburn or to the Lakehaven Utility District at the sole discretion of the Lakehaven Utility District. 24. Prior to final plat approval, the developer shall dedicate right of way and construct all roads within the plat as local residential roads to City of Auburn Standards except where plat modifications are granted by City Council. 25. The final plat shall include a note that states no direct residential access to 58"' Avenue South is permitted. 26. 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. 27. The final plat drawing shall include addresses for each lot as assigned by the City. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Prius Tri -Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002 Page 11 of 12 28. Fire hydrants and mains capable of providing the required fire flow shall be provided in accordance with the City of Auburn Design Standards. Fire hydrant location shall be approved by the Fire Marshal. 29. Prior to final acceptance of the public improvements, "No Parking this side" signs, in accordance with City of Auburn standard details, shall be installed along the new residential cul-de-sacs. 30. Prior to final acceptance of the pubic improvements, the proposed hammerhead turn -a -round and access tracts shall be signed and marked "Fire Lane" in accordance with ACC 10.36.175. 31. The existing secondary access gate across South 322"a Place shall be installed with a Rapid Access Electric Key Switch (Knox). 32. The applicant shall work with the Fire Department and King County on installation of a controlled access system at the north boundary of the project to prevent vehicular access north along 58th Avenue South. The controlled access shall be installed with a Rapid Access Electric Key Switch (Knox). The system shall be purchased and installed at the expense of the applicant. The final system must be acceptable to the Fire Department. 33. 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 King County Health Department. Decided this 25th day of August 2006 THEODORE PAUL HUNTER Hearing Examiners for the City of Auburn Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Prius Tri -Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002 Page 12 of 12 Exhibit B Legal Description PARCEL A (APN 926280-0210) TRACT 40, WEST AUBURN FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 15 OF PLATS, PAGE 12, IN KING COUNTY, WASHINGTON. PARCEL B (APN 926280-0280) TRACT 50, WEST AUBURN FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 12, IN KING COUNTY, WASHINGTON Resolution 4096 September 18, 2006 Page 1 of 1 Exhibit B Legal Description PARCEL A (APN 926280-0210) TRACT 40, WEST AUBURN FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 15 OF PLATS, PAGE 12, IN KING COUNTY, WASHINGTON. PARCEL B (APN 926280-0280) TRACT 50, WEST AUBURN FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 12, IN KING COUNTY, WASHINGTON Resolution 4096 September 18, 2006 Page 1 of 1 T / *CITYFWASHINGTON Exhibit 1 Number of Pages 14 AGENDA BILL APPROVAL FORM Agenda Subject Date: Public Hearing Application No. PLT06-0002 8/8/2006 Department: Planning, Building, Attachments: Please refer to Exhibit List Budget Impact: N/A and Community Administrative Recommendation: Hearing Examiner to recommend to the City Council approval of the Preliminary Plat, based upon the Findings of Facts, Conclusions and Conditions as outlined below. Background Summar: OWNER/APPLICANT: Prius Tri -Land Group LLC, 4238 SW 3140' Street, Federal Way, WA 98023 REQUEST: Application for preliminary plat approval for a 30 lot residential subdivision known as "Mountain View Estates" on approximately 9 acres. SIZE: Approximately 9 acres LOCATION: The proposal is located at 35216 58d' Avenue South within the NW '/. of Section 14, Township 21 North, Range 4 East, Willamette Meridian, King County, Washington. Parcel Numbers: 9262800210 and 9262800280 EXISTING ZONING: R-1, Single Family Residential EXISTING LAND USE Single Family Residential. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential SEPA STATUS: MDNS issued July 10, 2006. Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: Z Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor y [I Hearing Examiner El Municipal Serv. ❑ Finance Z Parks El Human Services ❑ Planning & CD Z Fire Z Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other Z 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: Chamberlain [Meeting Date: August 15, 2006 Item Number: AUBURN * MORE THAN YOU IMAGINED Agenda Subject — PLT06-0002 Staff Report to Hearing Examiner I. SEPA THRESHOLD DETERMINATION Pursuant to the State Environmental Policy Act (SEPA) and City of Auburn Environmental Regulations, as codified in Auburn City Code (ACC) Title 16 -Environmental Protection, the SEPA Responsible Official reviewed this project and issued a Mitigated Determination ofNonsignifcance on July 10, 2006. The comment period ended July 25, 2006, making the determination final (Exhibit 6). The appeal deadline ends on August 15, 2006. The City has not received any appeals at this time. II. COMMENTS FROM OTHER AGENCIES Other agencies have reviewed the project as part of the Notice of Application/SEPA process • King County reviewed the traffic impact analysis and supplemental information provided by the applicant. They have no further comment. • Lakehaven Utility District provided general comments in regards to water availability and extension agreements. • Washington State Department of Transportation commented on the traffic impact analysis. • Muckleshoot Indian Tribe Fisheries Division Comment General comments were provided by these agencies and no mitigation resulted from the comments (Exhibit 21). III. PUBLIC COMMENT ON APPLICATION Staff received several inquiries on the project from adjacent property owners. The adjacent property owners were actively involved during the annexation process of this property. Residents of the area requested a neighborhood meeting with staff, which was held on July 6, 2006 at a resident's home. The primary issue of the neighborhood is traffic using 58th Avenue South north of the project site, since the road is privately maintained. Right now, the only access to that neighborhood is through a gated access at South 322°d Place. 58`h Avenue South is a pubic right-of-way with a portion under city jurisdiction (from South 328th Street to the north property line of the subject site) and a portion is under county jurisdiction (north of the subject property). Since the road does not meet King County standards, the county will not accept maintenance of the road. So even though the King County portion of the road is public, it is privately maintained. Therefore, the neighbors do not wish additional traffic using this section of the street. Comment As a result of the neighborhood meeting, which the applicant attended, staff has included a condition of approval that the applicant installs an electronic gate at the north property boundary to prohibit vehicular access beyond that point. IV. STAFF ANALYSIS A. Current and Planned Uses of the Site The subject site was recently annexed into the City of Auburn (February 1, 2006). Auburn City Council revised the Auburn Comprehensive Plan to require annexation of properties that request utility service Page 2 of 14 Agenda Subject — PLT06-0002 Staff Report to Hearing Examiner from the city. The property owner's desire (or plan/intent) to subdivide the property lead to the annexation request and ultimate approval of the annexation. The site consists of approximately 9 acres located at 35216 58th Avenue East, Auburn, Washington. The current zoning and the Auburn Comprehensive Plan designation is Single Family Residential (R-1). The property is currently occupied by one single family home. The existing home will remain as part of the proposed development on proposed Lot 6. The site is bordered on the west by 58h Avenue South, by single family residential to the north, unimproved right-of-way to the east, and vacant land to the south. The proposal is for a Preliminary Plat that would result in 30 single family residential lots and 1 tract for recreational facilities. The residential lots have an average size of 9,519 square feet. The project will also include construction of two new local residential streets and half street improvements to 58`h ,kvenue South. Access to the plat will be provided from 58th Avenue South, connecting to South 328th Street. The Comprehensive Plan designation, zoning designation and land uses of the site and surrounding properties are: Site Single Family Residential R-1, Single Family Detached single family Residential residence North Urban Residential (4-12 R-4 (King County) Detached single family du/acre) residences South Public and Quasi Public Public Facilities P-1 Vacant East Single Family Residential RS, Single Family Single family residence and Open Space Residential and unimproved 1tOW West Urban Residential (4-12 R4 (King County) Detached single; family du/acre) residences B. Auburn Comprehensive Plan Comprehensive Land Use Map The Comprehensive Land Use Map depicts the future land uses for the City of Auburn and Potential Annexation Area. The Future Land Use Plan depicts the future land uses. A designation of single family residential means protecting areas for predominantly singlfe family dwellings. Comment The Auburn Comprehensive Plan Land Use map depicts the site as Single- Family Residential, the intent of which is to establish and preserve single family residential neighborhoods at a density of four to six units per acre. Land Use Goal 7: Residential Development To emphasize housing development at single family densities, in order to reestablish a mix of housing types appropriate for a family oriented community, while recognizing the need and desire for both lower density and higher density housing appropriately located to meet the housing needs of all members of the community. Policy LU -14: Residential densities in areas designated for single family residential uses should be no greater than 6 units per acre. Page 3 of 14 Agenda Subject — PLT06-0002 Staff Report to Hearing Examiner Objective 7.2: To designate land for the development of new single family homes. Objective 7.3: To promote the development of quality single family neighborhoods which relate the design and types of residential areas to important natural and manmade features. Policy LU -23: Emphasis shall be placed upon the manner in which the recreational needs of the residents shall be met in the approval of any residential development. Comment The project site is 9 acres. With 30 lots proposed, this yields a density of 3.33 dwelling units per acre. The gross density is slightly less than 4 units per acre, as the site has steep slopes, which are protected through a native growth protection area. As shown on the proposed preliminary plat map, a park tract is proposed to meet recreational needs of the development. C. Auburn City Code: Title 18 Zoning 18.12 R-1 Residential District The zoning and comprehensive plan designation of the site is Single Family Residential District. This district is intended to create a living environment of optimum standards for single family dwellings. It is further intended to limit development to relatively low degrees of density within a range of 4•-6 dwelling units per acre. Single family residences are a permitted use. Comment The project site is 9 acres. With 30 lots proposed, this yields a density of 3.33 dwelling units per acre. The gross density is slightly less than 4 units per acre as the site has steep slopes, which are protected through a native growth protection area. The average lot size proposed is 9,519 square feet. The proposal meets all setbacks and bulk requirements of ACC 18.12.040. ACC 18.52.020 Off -Street Parking Requirements Each single family dwelling unit requires two parking spaces. Comment The applicant will provide two paved off-street parking spaces for each dwelling unit„ D. Auburn City Code: Title 17 Land Division Code ACC Section 17.06.070 - 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. Comment 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. School impact fees in accordance with the City of Auburn ordinance are collected at building permit issuance. This project is located within the Auburn School District. Elementary age children will most likely attend the Evergreen Heights Elementary School. According to the 2005-2006 bus schedule, kids will be picked up/dropped off at the corner of South 328' Street Page 4 of 14 Agenda Subject — PLT06-0002 Staff Report to Hearing Examiner and 56 Avenue South. As mentioned previously, sidewalks along 58u, Avenue South will be constructed the length of the project. Stipp's Meadow preliminary plat will also be constructed within the same vicinity. As part of that project, sidewalks will be constructed the length of South 328' Street to provide safe walking conditions. 2. Conformance of the proposed subdivision to the general purposes of the Comprehensive Plan. Comment See analysis above. 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. Comment The project is consistent with the Non Motorized portion of the Transportation Element of the Comprehensive Plan. Sidewalks will be constructed along 58a' Avenue South as part of Mountain View Estates and along South 328"' Street and 58's Avenue South as part of the Stipp's Meadow preliminary plat. The new internal residential streets will have sidewalks on both sides of the road. As mentioned above under number one, safe walking conditions will be created through the construction of sidewalks. 4. Conformance of the proposed subdivision to the general purposes of the Land Division Ordinance as enumerated in ACC Section 17.02.030. Comment The plat is consistent with the broad purpose statements of the Land Division Ordinance as enumerated in ACC Section 17.02.030. Mountain View Estates Preliminary Plat is a 30 -lot subdivision that is consistent with R-1 zoning district. Adequate provisions for water., sewer, and storm drainage are provided as part of this project. Water is provided through the Lala:ehaven Utility District and sewer is provided by the City of Auburn. This project is proposing; approximately 3,800 square feet of recreational area for the future residents of the project. Safe walking conditions and methods of ingress/egress are provided. Sidewalks will be constructed along South 328th Street as part of the Stipp's Meadow plat and along 58'b Avenue South as part of this project. The two new internal plat roads will also have sidewalks on both side of the road. Access from the new lots will be from the new internal plat roads, which are lower volume roads. The plat has been processed in accordance with the regulations of the Auburn City Code, other city plans, policies and land use controls, and RCW Chapter 58.17. 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. Comment 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. See the analysis above for compliance with the Zoning Ordinance. Page 5 of 14 Agenda Subject— PLT06-0002 Staff Report to Hearing Examiner 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. Comment For this project a Mitigated Determination of Nonsignificance was issued on July 10, 2006. Compliance with the mitigation measures and the recommended conditions of approval will assure that the proposal will not have an adverse impact on the environment. E. Auburn City Code Chapter 18.70 (VAR06-0006) The applicant is requesting a variance from the lot depth requirements of ACC Section 18.12.040 for proposed Lot 5 and Lot 9. Section 18.70.010 — Variances 1. That there are unique physical conditions including narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to and inherent in the particular lot; and that, as a result of such unique physical conditions, practical difficulties or unnecessary hardships arise in complying with provisions of this title. Comment The subject site has steep slopes which limit lot configurations and access. As shown on the preliminary plat map, the NE corner of the site is within a native growth protection area (NGPA). The length of the overall project site is approximately 594 feet. Subtract out the NGF'A and the length is reduced to 324 feet. This reduces the buildable area. 2. That, because of such physical conditions, the development of the lot in strict conformity with the provisions of this title will not allow a reasonable and harmonious use of such lot. Comment ACC Section 18.04.560 defines lot depth as the shortest distance between parallel front and rear lines. ACC Section 18.04.870 states that a private street (i.e. access tract) will be considered public streets for determining setback provisions. In the case of lots 5 and 9, the distance between the north and south property lines determines lot depth. Since the site is sloped and there is a NGPA, the orientation of these two lots and a strict interpretation of the code creates a lot depth of 75 feet and a lot width of approximately 120 feet. If the measurements were taken from the east/west property lines the lot depth could be met. 3. That the variance, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the lot is located. For nonconforming single-family homes, this finding is determined to be met if the features of the proposed variance are consistent with other comparable features within 500 feet of the proposal. Comment The variance request will not alter the character of the neighborhood or be detrimental to the surrounding properties. The neighborhood is predominantly single family residential. Adjacent properties to the south range in lot size from approximately 10,000 to 20,000 square foot lots. The average lot size of the proposed project is 9,519 square feet, which is approximately 90% of the size of some of these lots. Page 6 of 14 Agenda Subject — PLT06-0002 Staff Report to Hearing Examiner Another subdivision project just south of the subject site is proposed by the applicant. The two developments are similar in lot size and in keeping with surrounding character of the neighborhood (detached single family dwellings). 4. That the special circumstances and conditions associated with the variance are not a result of the actions of the applicant or previous owners. Comment Since there are steep slopes on the property a NGPA was established when the existing home was constructed. The dimensions of the project area have not been altered by the applicant and NGPA shortens north property boundary creating a smaller area to create a logical plat layout. The lots are meeting the minimum lot size of 8,000 square feet. Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. Comment ACC Section 18.04.560 defines lot depth as the shortest distance between parallel front and rear lines. ACC Section 18.04.870 states that a private street (i.e. access tract) will be considered public streets for determining setback provisions. In the case of lots 5 and 9, the distance between the north and south property lines determine lot depth. Since the site is sloped and there is a NGPA, the orientation of these two lots and keeping strict interpretation of the code creates a lot depth of 75 feet and a lot width of approximately 120 feet. If the measurements were taken from the east/west property lines the lot depth could be met. Literal interpretation of the zoning title would reduce the lot yield, thus reducing the rights enjoyed by others in the same zoning district. As stated previously, the sewer main extension will be extended from the valley floor, through a steep slope, approximately 1,800 linear fret. A reduction of lots would probably affect the viability of the project. 6. The approval of the variance will be consistent with the purpose of this title and the zoning district in which the property is located. Comment The purpose of the development standards of the R-1 zone are to insure that existing and proposed lots are a minimum of 8,000 square feet and developed at a density of approximately 5 dwelling units per acre. Due to site characteristics, the proposed development is only reaching a density of 3.33 dwelling units per acre. The requested variance for lot depth is less than 20 percent, which would be permitted without the need for a variance if the subdivision contained more than 50 lots (see ACC 18.12.040). The variance will not allow an increase in the number of dwelling units permitted by the zoning district. Comment The project area is 9.0 acres, or 392,040 square feet in size. Dividing this number by the minimum lot size of 8,000 square feet, the maximum number of lots is 49. This development does not increase the number of allowable lots in this zone. 8. The authorization of such variance will not adversely affect the comprehensive plan. Page 7 of 14 Agenda Subject — PLT06-0002 Staff Report to Hearing Examiner Comment Approval of the variance request does not adversely affect the comprehensive plan. 'Che comprehensive plan outlines goals and policies for residential development for single: family residential at densities ranging from 4-6 dwelling units per acre. The proposed project has a density of 3.33 dwelling units per gross acre. 9. The variance shall not allow a land use which is not permitted under the zoning district in which the property is located. Comment The land use being established by the development, with the approved variance, is a permitted use in the R-1 zoning district. 10. The variance shall not change any regulations or conditions established by surface miming permits, conditional use permits or contract rezones authorized by the city council. Comment There have been no regulations or conditions established by surface mining permits, conditional use permits, or contract rezones for this site. FINDINGS OF FACT 1. The applicant proposes to develo9 a residential subdivision consisting of 30 single family lots on approximately 9 acres at 32516 58 Avenue South. 2. The proposed use is consistent with the R-1 zoning designation within the Auburn City Code (ACC 18.12) as well as the Comprehensive Plan designation of Single Family Residential. 3. Water will be provided by the Lakehaven Utility District. 4. Sanitary sewer service will be provided by the City of Auburn. 5. Requirements of ACC Chapter 15.74 Land Clearing are applicable to the site. 6. No state or federal candidate threatened or endangered plant species has been identified on the site. 7. No state or federal candidate threatened or endangered animal species or habitat has been identified on the site. 8. The proposal will not have significant adverse environmental impacts on fish and animals, water, noise, air quality, environmental health, public services and utilities, and land and shoreline use provided the attached conditions of approval are met. 9. The applicant applied for a Special Exception for Public Utilities for the proposed sewer main extension through steep slopes as provided for in ACC 16.10.170. 10. The applicant provided a Wetlands Determination Report prepared by Ecological Land Services dated December 8, 2005. Based on comments received during the notice of application comment period, the applicant prepared a supplemental report prepared by Darcy B. Miller, Wetland Ecologist, PWS dated June 26, 2006 in regards to the Mill Creek Special Areas Management Plan (SAMP) and Stream #0015E and Wetland SYY. The supplemental report found that Stream #0015E; is located approximately 150 feet east from the project site. Field verification did not reveal the exact location of this wetland but review of the most recent County aerial photograph show the wetland approximately 150 feet north of the project disturbance boundary. 11. Pursuant to ACC 16.10.080(D) Stream #0015E as outlined in the SAMP would be a Type: III stream with a 25 foot buffer. The proposed sewer.main extension construction is outside the 25 foot buffer limits. 12. Pursuant to ACC Chapter 15.74 and City of Auburn Design Standards, a temporary erosion and sediment control plan is required to be approved and implemented on the site prior to and during site development. Potential significant adverse environmental impacts associated with erosion and Page 8of14 Agenda Subject — PLT06-0002 Staff Report to Hearing Examiner sedimentation from this development are adequately mitigated through compliance with regulation. 13. Pursuant to ACC Chapter 13.48 and City of Auburn Design Standards, a storm drainage plan and subsequent installation of an approved stormwater management system is required. Potential significant adverse environmental impacts associated with increased stormwater runoff from this development are adequately mitigated by compliance with this regulation. 14. The applicant has completed a Traffic Impact Analysis (TIA) for the proposed traffic from the project, per requirements of Chapter 19.04 ACC. The City's traffic division has reviewed and accepted the TIA, prepared by Christopher Brown & Associates., dated December 2005 with revisions dated May 15, 2006 and June 22, 2006. 15. The project will add approximately 30 new PM peak hour trips to the transportation network, as indicated in the approved traffic study for the proposal. 16. Any work through geologic hazard areas shall comply with ACC 16.10.100(E)(2) and ACC 16.10.170. 17. To mitigate noise impacts associated with the proposal, all construction shall occur between the hours of 7:00 a.m. and 10:00 p.m. Monday -Saturday and between the hours of 9:00 a.m. and 10:00 p.m. on Sundays. 18. The applicant shall pay the single family land use trip rate per dwelling unit per the City of Auburn Transportation Impact Fee Ordinance or the adopted fee at the time of building permit: issuance to mitigate off-site traffic impacts created by the new PM peak hour trips generated by the project. The proposed project generates 30 net new PM peak hour trips to the transportation system. 19. The applicant shall mitigate school impacts through the payment of the school impact fee in effect at the time of building permit issuance. 20. Fire impacts generated by the project are mitigated through payment of the fire impact fee in effect at the time of building permit issuance. 21. The applicant shall submit a landscape and irrigation plan, pursuant to ACC Section 17.12.210 and City of Auburn Design Standards. 23. Fire hydrants and mains capable of providing the required fire flow shall be provided in accordance with the City of Auburn Design Standards. Fire hydrant location shall be approved by the Fire Marshal. 24. Per Table 10.02 Street Design Requirements, City of Auburn Construction Standard, local residential streets are required to be a minimum of 28 feet between the curbs, and 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 structures on the site. 25. Auburn City Code 13.16.060(M) requires the maximum distance between hydrants for a single- family use district shall be 600 feet, measured as the fire vehicle lays its hose. This puts any house in the area with 300 feet of a fire hydrant. 26. Only clean fill should be used for the project and any other material, such as waste concrete and asphalt, are considered solid waste and would require a permit (from the Permit Center or the state?). 27. The applicant shall submit an Erosion and Sedimentation Control Plan to the City Engineer for approval. Temporary erosion and sedimentation control measures shall include, but not be limited to, silt fencing or other Best Management Practices (BMPs). There shall be a designated construction entrance for all vehicles to limit tracking of mud onto the streets. If sediment is deposited, it shall be cleaned up at the end of every day during construction utilizing sweeping or shoveling. Water cleaning shall only be used after the area has been swept or shoveled. 28. Any discharge of sediment laden runoff or other pollutant to waters of the state is in violation of Chapter 90.48, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington. All releases of oils, hydraulic fluids, fuels, other petroleum products, paints, solvents, and other deleterious materials during construction must be contained and removed in a manner that will prevent their discharge to waters and soils of the state. The cleanup of spills should take precedence over other work on the site. Page 9 of 14 Agenda Subject — PLT06-0002 Staff Report to Hearing Examiner 29. A Department of Ecology Construction Stormwater General Permit is required prior to site work commencing. 30. A Department of Natural Resources Forest Practice permit is required prior to land clearing activities commencing on site. 29. The applicant has submitted a request for a Special Exception for Public Agencies and Utilities for the sewer main extension from the valley floor through steep slope to the subject site (Exhibit 19). Pursuant to ACC Section 16.10.170(D) the following criteria: • There is no practical alternative to the proposed development with less impact on critical areas. • The application of this chapter would unreasonable restrict the ability to provide utility service to the public. • That the modification, if granted, will not alter the character of the neighborhood, or be detrimental to the surrounding properties in which the property is located. • The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with the other applicable regulations and standards. Comment The City of Auburn Sewer Comprehensive Plan calls for the sewer main extension alignment as proposed by the applicant. This project could not be developed under the standards set forth in the R-1 zone and meet density requirements without extending sewer. The West Hill area is with the city's PAA and the extension of the sewer main will allow future projects to be serviced with sewer once annexed into the city. The surrounding neighborhood is predominantly single family residential. Extending sewer up the hill allows for residential development at densities outlined in the zoning code and comprehensive plan. The applicant provided geotechnical reports analyzing the subject area. Further analysis during the grading permit review will be required. 30. That applicant has submitted two 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. Plat modifications are the means through which deviations from standards are reviewed (See Exhibits 17- 18). • The first request is a deviation from the standard road grade of 6% for 58`b Avenue South. The proposal is to have a grade slightly above 5% at the intersection of 58I' Avenue South and the proposed plat roads. The existing topography of the unimproved right-of- way varies. The proposed improvements have been designed to best align with the existing topography and limit the amount of grading and/or retaining walls. • The second request is a deviation from the centerline radius of a Local Residential Road. Given the short length of the road and the limited traffic volumes expected, the deviation from the centerline radius is acceptable. Staff concurs with the requests in light of the modification criteria and finds the requests are justified. RECOMMENDED CONDITIONS OF APPROVAL: Based on the Facts, Findings and Conclusions of the staff report, staff recommends that the Hearing Examiner approve the variance request and the special exception for public utilities, and recommend to the City Council approval of the Preliminary Plat, with the following conditions: Page 10 of 14 Agenda Subject — PLT06-0002 Staff Report to Hearing Examiner 1. The proposal shall conform to the following City of Auburn regulations and standards: • ACC Title 10 — Vehicles and Traffic • ACC Title 12 — Streets, Sidewalks and Public Works • ACC Title 13 - Water, Sewer, and Public Utilities • ACC Title 14 - Project Review • ACC Title 15 — Buildings and Construction • ACC Title 16 — Environmental • ACC Title 17 — Subdivisions • ACC Title 18 — Zoning • ACC Title 19 — Impact Fees • City of Auburn Construction and Design Standards 2. Mitigation measures as outlined in the Mitigated Determination of Nonsignificance (MDNS) date July 10, 2006 shall be completed prior to final plat approval. 3. Prior to final plat approval, a landscaping plan with applicable cross sections is required, to show that the storm drainage pond aesthetic requirements consistent with city standards cart be accommodated on site. 4. On-site drainage flows from the proposed plat of Mountain View Estates shall be directed to the proposed on-site storm drainage facility for the Stipp's Meadow Preliminary Plat. If the Stipp's Meadow Preliminary Plat is never constructed then an alternate storm drainage design is required for the plat of Mountain View Estates 5. Pipeline conveyance improvements necessary to convey on-site drainage flows from the Mountain View Estates preliminary plat to the storm drainage facility for the Stipp's Meadow preliminary plat, shall be designed for the 100 -year post -development flow. 6. All storm drainage conveyance lines required to manage the upstream bypass surface flows shall not be combined with the proposed on-site storm drainage system. Maintenance access shall be provided to all structures proposed to be in public ownership. 7. Public storm drainage facilities shall be constructed to adequately manage the storm water quantity and quality impacts from the proposed public street improvements associated with the project. Storm drainage from the public street improvements shall not drain onto private properties. 8. Prior to issuance of clearing or grading permits, a grading plan for grading and clearing necessary for both the construction of infrastructure such as roads and utilities and for lot gradingshall be submitted and approved by the City of Auburn. The purpose of the plan should be to accomplish the maximum amount of grading at one time to limit or avoid the need for subsequent grading and disturbance, including grading of individual lots during home construction. This plan shall show quantities and locations of excavations, and embankments, the design of temporary storm drainage detention system, and methods of preventing drainage, erosion and sedimentation from impacting adjacent properties, natural and public storm drainage systems and other near by sensitive areas. All the measures shall be implemented prior to beginning phased on-site filling, grading or construction activities. Page 11 of 14 Agenda Subject — PLT06-0002 Staff Report to Hearing Examiner 9. The applicant shall secure easements from the City of Auburn Parks Department prior to the issuance of a FAC permit for sewer main extension along the north property line of the Mountain View Cemetery. If the off-site sewer main improvements extend onto the property north of Mountain View Cemetery, then the applicant shall secure easements from the properly owner. 10. Prior to issuance of grading and FAC permits, the applicant shall submit further geotechnical analysis of the sewer main extension from the valley floor, along the north property lime Mountain View Cemetery, to the project site to review and analyze steep slope construction techniques and flow velocities. 11. Any critical areas impacted by the off-site sewer system construction, shall be mitigated in accordance with Auburn City Code including submittal of reports and plans. 12. All utilities shall be placed within the public right-of-way. If utilities need to be placed on private property then access tracts with suitable driving surfaces shall be established. 13. The applicant shall provide sewer stubs to adjacent parcels. 14. Sewer manholes shall be placed for ease of access for maintenance and to facilitate future main line extensions and avoid 90 degree bends. 15. 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. 16. All tracts not dedicated to the City of Auburn shall be maintained by the future Homeowners' Association. 17. 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. 18. Prior to final plat approval, the sight distance triangle at the southeast side of the intersection of South 328th Street and 56`h Avenue South shall be dedicated as public right-of-way. Prior to vertical construction, vegetation within the sight distance triangle shall be removed and mechanisms in place to prevent the growth of vegetation which obscures sight lines within the sight distance triangle from a height between 3 feet and 8 feet. 19. Half street improvements shall be required for 58th Avenue South. 20. The developer shall construct on-site gravity sanitary sewer lines and off site gravity sanitary sewer lines to the subject property. All lines shall be per Auburn Design Standards. 21. Prior to final plat approval, all existing septic tanks shall be abandoned per the King 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. Page 12 of 14 Agenda Subject—PLT06-0002 Staff Report to Hearing Examiner 22. 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 Lakehaven Utility District. 23. Prior to final plat approval, the developer shall abandon existing wells, if any, per Washington State and King County Health Department regulations and deed/transfer the water rights for said wells over to the City of Auburn. 24. Prior to final plat approval, the developer shall dedicate right of way and construct all roads within the plat as local residential roads to City of Auburn Standards except where plat modifications are granted by City Council. 25. The final plat shall include a note that states no direct residential access to 58th Avenue South is permitted. 26. 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. 27. The final plat drawing shall include addresses for each lot as assigned by the City. 28. Fire hydrants and mains capable of providing the required fire flow shall be provided in accordance with the City of Auburn Design Standards. Fire hydrant location shall be approved by the Fire Marshal. 29. Prior to final acceptance of the public improvements, "No Parking this side" signs, in accordance with City of Auburn standard details, shall be installed along the new residential cul-de-sacs. 30. Prior to final acceptance of the pubic improvements, the proposed hammerhead turn -•a -round and access tracts shall be signed and marked "Fire Lane" in accordance with ACC 10.36.175. 31. The existing secondary access gate across South 322nd Place shall be installed with a Rapid Access Electric Key Switch (Knox). 32. The applicant shall work with the Fire Department and King County on installation of a gate system at the north boundary of the project to prevent vehicular access north along 58th Avenue South. The access gate shall be installed with a Rapid Access Electric Key Switch (Knox). 33. 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 King County Health Department. 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. List of Exhibits Exhibit 1 Staff Report, dated August 8, 2006 Exhibit 2 Preliminary Plat Application Form Exhibit 3 Notice of Application, dated June 3, 2006 Exhibit 4 Notice of Public Hearing, dated August 4, 2006 Exhibit 5 Confirmation of Publication of Legal Notice Page 13 of 14 Agenda Subject — PLT06-0002 Staff Report to Hearing Examiner Exhibit 6 Mitigated Determination of Nonsignificance, dated July 10, 2006 Exhibit 7 Letter of Complete Application, dated May 18, 2006 Exhibit 8 Environmental Checklist, revised June 28, 2006 Exhibit 9 Mountain View Preliminary Plat Map Pages 1-8, Preferred Engineering, received August 8, 2006 Exhibit 10 Preliminary Storm Drainage Report, prepared by Preferred Engineering, dated January 18, 2006 Exhibit 11 Downstream Analysis Report, prepared by Preferred Engineering, dated April 2, 2006 Exhibit 12 Geotechnical Analysis, prepared by SubTerra, Inc, dated January 9, 2006 Exhibit 13 Supplemental Geotechnical Analysis, prepared by Bergquist Engineering Services, dated April 7, 2006 and June 27, 2006. Exhibit 14 Wetland Determination Report, prepared by Ecological Land Services, Inc., dated December 8, 2005 Exhibit 15 Supplemental Environmental Report, prepared by Preferred Engineering, LLC and Darcey B. Miller, Wetland Ecologist PWS, dated June 26, 2006 Exhibit 16 Traffic Impact Analysis, prepared by Christopher Brown & Assoc., dated December 19, 2005, with updates dated May 15, 2006 and June 22, 2006 Exhibit 17 Letter from Phillip Kitzes, PK Enterprises, to Dennis Dowdy regarding Plat Modification -Road Deviation Request # 1, dated June 16, 2006 Exhibit 18 Letter from Phillip Kitzes, PK Enterprises, to Dennis Dowdy regarding Plat Modification -Road Deviation Request #2, dated April 17, 2006 Exhibit 19 Letter from Phillip Kitzes, PK Enterprises, to Steve Pilcher regarding Special Exception for Public Agencies and Utilities, dated April 17, 2006 Exhibit 20 Letter from Phillip Kitzes, PK Enterprises, to Steve Pilcher regarding Variance Request for Lot Width, dated June 28, 2006 Exhibit 21 Comment letters from other agencies. Page 14 of 14 Exhibit Number of Pages PRELIMINARY PLAT APPLICATION ........................................................ PROPERTY OWNER'S NAME Sec. Twp. Rng. Zone Existing APPLICATION NUMBER Area Code Scheduled Hearing Date Received 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: rloeut JTA.1" V(6-\-%,/ Total area of subdivision: Acres: __ • Q _ — Total number of lots: _ 2c5 Total number of dwelling units: Proposed zoning: _ Z_ I Existing zoning: __ �-' - ( Sq. Ft.: 3>9ZT_G40 Proposed land use: C- LE.thIt- pSDI\!tStOls Minimum size of lot as shown on plat: ,_ 0 0 &_j C& — — __-- - --- Minimum lot width as shown on plat: `_7 S sq. ft. ----- — Minimum lot depth as shown on plat: 104 feet_ — feet Proposed source of domestic water supply: PU F�i,i Cs D-0 �E Proposed sewage disposal system: F5%- t RECEIVED JAN 3 1 2006 PLANNING DEPARTMENT Preliminary Plat Revised 11612W5 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) Z80 —p2 -'C) SlLVi✓ F LYr.lt� etc Ha�-S °3z 5 I t" t $FH ANE . c' X235 S\v a, 14-rtj ST. P`C.��`fzAZ- tiv.dr�f DESIGNATED CONTACT PERSON: Name: r14LtA-I r k iT &s ^� Address: s>v,y�g' City: ham' VARA 3-f 9 WA "J&3*-�>s Phone: Preliminary Plat RePage 5 of 6 Revised 1!6/2005 LEGAL DESCRIPTION OF PROPERTY l� .d.. (AP1,J 9Z r. 2,60 - oz (ca) : Te,4x-r 4 o _ST AL Aj F�U li-1- 9-E Ttz-r I—T � /aXj"-Cr C, 11uC� To THLS FX -,6--r -f��iZ,CO l2-�L p l)J VO r_L it't E 15 FC ffY-., PAGc 12, 1 k K►r,f, CcuxjT'f I `v,45H-fVA-oj , ->2 G 2- tC) -oz80) PA,676 I Z/ f N fJG, C ti,TY� WA5 H Ix.;rAlloj...I FEE PAYMENT: $1,038.00 and $53.00 per lot plus $727.00 for Environmental Checklist T.R. #: DATE RECEIVED: CASHIER'S INITIALS: Preliminary Plat Revised 1/6/2005 Page; 6 of 6 CITY OF AliBURN* Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.aubumwa.gov * 253-931-3000 MITIGATED DETERMINATION OF NON-SIGNIFICA NCE Mountain View Estates Preliminary Plat SEP06-0004 Exhibit —(r— Number of Pages Description of Proposal: Subdivide approximately 9 acres into 30 single family residential lots. Proposal also includes internal public roads, sanitary sewers, water mains, clearing and grading, and neighborhood park. The main access for the project is from 58th Avenue South. The storm drainage facilities will be constructed as part of the Stipp's Preliminary Plat (SEP06-0003). Proponent: Prius Triland, LLC, 4238 SW 314`h Street, Federal Way, WA 98023 Location: 35216 58`h Avenue South. NW %, of Section 14, Township 21 North, Range 4 East, Willamette Meridian, King County, Washington. Parcel Numbers: 9262800210 and 9262800280 The Responsible Official of the City of Auburn, the lead agency, hereby makes the following Findings of Fact based upon impacts identified in the environmental checklist and the "Final Staff Evaluation for Environmental Checklist No. SEP06-000411, and Conclusions of Law based upon the Auburn Comprehensive Plan, and other Municipal policies, plans, rules and regulations designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act Rules pursuant to R.C.W. 43.21C.060. Findings of Fact: 1. The applicant proposes to develop a residential subdivision consisting of 30 single family lots on approximately 9 acres at 35216 58th Avenue South. 2. The proposed use is consistent with the R-1 zoning designation within the Auburn City Code (ACC 18.12) as well as the Comprehensive Plan designation of Single Family Residential. 3. Water will be provided by the Lakehaven Utility District. 4. Sanitary sewer service will be provided by the City of Auburn. 5. Requirements of ACC Chapter 15.74 Land Clearing are applicable to the site. 6. No state or federal candidate threatened or endangered plant species has been identified on the site. 7. No state or federal candidate threatened or endangered animal species or habitat has been identified on the site. 8. The proposal will not have significant adverse environmental impacts on fish and animals, water, noise, air quality, environmental health, public services and utilities, and land and shoreline use provided the attached conditions of approval are met. 9. The applicant applied for a Special Exception for Public Utilities for the proposed sewer main extension through steep slopes. 10. The applicant provided a Wetlands Determination Report prepared by Ecological Land Services dated December 8, 2005. Based on comments received during the notice of application comment period, the applicant prepared a supplemental report prepared by Darcy B. Miller, Wetland Ecologist, PWS dated June 26, 2006 in regards to the Mill Creek Special Areas Management Plan (SAMP) and Stream #0015E and Wetland 5YY. The supplemental report found that Stream #0015E is located approximately 150 feet east: from the project site. Field verification did not reveal the exact location of this wetland but review of the most recent County aerial photograph show the wetland approximately 150 feet north of the project disturbance boundary. 11. Pursuant to ACC 16.10.080(D) Stream #0015E as outlined in the SAMP would be a Type III stream with a 25 foot buffer. The proposed sewer main extension construction outside the 25 foot buffer limits 12. Pursuant to ACC Chapter 15.74 and City of Auburn Design Standards, a temporary erosion and sediment control plan is required to be approved and implemented on the site prior to and during site development. Potential significant adverse environmental impacts associated with erosion and sedimentation :from this development are adequately mitigated through compliance with this regulation. 13. Pursuant to ACC Chapter 13.48 and City of Auburn Design Standards, a storm drainage plan and subsequent installation of an approved stormwater management system is required. Potential significant adverse environmental impacts associated with increased stormwater runoff from this development are adequately mitigated by compliance with this regulation. Page 1 of 3 AUBURN * MORE THAN YOU IMAGINED MITIGATED DETERMINATION OF NON -SIGNIFICANCE SEP06-0004 (Continued) 14. Pursuant to Chapter 12.60 ACC, the applicant shall be required to secure a Right of Way Permit from the City of Auburn for access to 58h Avenue South. 15. The applicant has completed a Traffic Impact Analysis (TIA) for the proposed traffic from the project, per requirements of Chapter 19.04 ACC. The City's traffic division has reviewed and accepted the TIA, prepared by Christopher Brown & Associates., dated December 2005 with revisions dated May 15, 20061 and June 22, 2006. 16. The project will add approximately 30 new PM peak hour trips to the transportation network, as indicated in the approved traffic study for the proposal. 17. Any work through geologic hazard areas shall comply with ACC 16.10.100(E)(2) and ACC 16.10.170. 18. To mitigate noise impacts associated with the proposal, all construction shall occur between the hours of 7:00 a.m. and 10:00 p.m. Monday -Saturday and between the hour of 9:00 a.m. and 10:00 p.m. on Sundays. 19. The applicant shall pay the single family land use trip rate per dwelling unit per the City of Auburn Transportation Impact Fee Ordinance or the adopted fee at the time of building permit issuance to mitigate off- site traffic impacts created by the new PM peak hour trips generated by the project. The proposed project generates 30 net new PM peak hour trips to the transportation system. 21. The applicant shall mitigate school impacts through the payment of the school impact fee in effect at the time of building permit issuance. 22. Fire impacts generated by the project are mitigated through payment of the fire impact fee in effect at the time of building permit issuance. 23. The applicant shall submit a landscape and irrigation plan, pursuant to ACC Section 17.12.210 and City of Auburn Design Standards. 23. Fire hydrants and mains capable of providing the required fire flow shall be provided in accordance with the City of Auburn Design Standards. Fire hydrant location shall be approved by the Fire Marshal. 24. Per Table 10.02 Street Design Requirements, City of Auburn Construction Standard, local residential streets are required to be a minimum of 28 feet between the curbs, and 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 structures on the site. 25. Auburn City Code 13.16.060(M) requires the maximum distance between hydrants for a single-family use district shall be 600 feet, measured as the fire vehicle lays its hose. This puts any house in the area with 300 feet of a fire hydrant. 26. Only clean fill should be used for the project and any other material, such as waste concrete and asphalt, are considered solid waste and would require a permit. 27. The applicant shall submit an Erosion and Sedimentation Control Plan to the City Engineer for approval. Temporary erosion and sedimentation control measures shall include, but not be limited to, silt fencing or other Best Management Practices (BMPs). There shall be a designated construction entrance for all vehicles to limit tracking of mud onto the streets. If sediment is deposited, it shall be cleaned up at the end of every day during construction utilizing sweeping or shoveling. Water cleaning shall only be used after the area has been swept or shoveled. 28. Any discharge of sediment laden runoff or other pollutant to waters of the state is in violation of Chapter 90.48, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington. All releases of oils, hydraulic fluids, fuels, other petroleum products, paints, solvents;, and other deleterious materials during construction must be contained and removed in a manner that will prevent their discharge to waters and soils of the state. The cleanup of spills should take precedence over other work on the site. CONCLUSIONS OF LAW: Staff has concluded that a MDNS may be issued. This is based upon the environmental checklist and its attachments, and the "Final Staff Evaluation For Environmental Checklist". The MDNS is supported by Plans and regulations formally adopted by the City for the exercise of substantive authority under SEPA. The MDNS also takes note of the extent to which many local, State and Federal regulations and permit requirements will govern the project to mitigate its potential impacts, in accordance with WAC 197-11-158 and RCW 43.21C.240. The following are City adopted policies, which support the MDNS: Page 2 of 3 MITIGATED DETERMINATION OF NON -SIGNIFICANCE SEP06-0004 (Continued) 1. The City shall encourage the protection, preservation, recovery and rehabilitation of significant archaeological resources and historic sites. (Policy HP -1, ACP) 2. The City shall consider the impacts of new development on historical resources as a part of its environmental review process and require any appropriate mitigating measures. (Policy HP -3, ACP) CONCLUSIONS OF THE RESPONSIBLE OFFICIAL The Responsible Official has determined that the proposal does not have a probable significant impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c), only if the following conditions are met. This decision was made after review of a completed environmental checklist, other information on file with the City of Auburn, and existing regulations. This information is available to the public on request. These mitigation measures are required as authorized under the Substantive Authority of SEPA in accordance with the guidelines contained in Chapter 16.06 ACC and shall be implemented by the applicant. 1. If any items of possible cultural or historic significance are encountered during construction activities, work shall be halted in an area large enough to maintain integrity and the City and the State Office of Archeology and Historic Preservation and the Muckleshoot Tribe shall be immediately consulted. This MDNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 15 days from the date of issuance. Comments must be submitted by 5:00 p.m. on July 25, 2006. Any person aggrieved of the City's determination may file an appeal with the Auburn City Clerk within 21 days of the comment period ending or by 5:00 p.m. on August 15, 2006. RESPONSIBLE OFFICIAL: Paul Krauss, A.I.C.P. POSITION%TITLE: Director of the Department of Planning Building & Community ADDRESS: 25 West Main Street Auburn, Washington 98001 (253) 931-3090 DATE ISSUED: July 10, 2006 SIGNATURE: Page 3 of 3 CITY OF AUBURN, WASHINGTON ENVIRONMENTAL CHECKLIST Purpose of Checklist: Iv60I41 XtX1 V ! UV C1vt;4,(-k 6( - Ob - P& Exhibit Number of Pages The State Environmental Policy Act (SEPA), chapter 43.21 C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions brieilly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." In addition, complete the Supplemental Sheet for Nonproject Actions (part D). For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. AIN 2 8 X 446 ENING 1) P)OWE NT TO BE COMPLETED BY APPLICANT A. BACKGROUND. 1. Name of proposed project, if applicable: Mountain View Estates Plat 2. Name of Applicant: Prius Trfland Group, LLC EVALUATION FOR AGENCY USE ONLY 3. Address and phone number of applicant and contact person: Applicant: 4238 SW 314'' Street Federal Way, WA 98023 Contact- Phillip Kitzes 206.227.7445 Contact: Steve Lee, P.E. 206.501.5708 4. Date checklist prepared: January 28, 2006 (Revised.- June 16, 2006) (Revised. June 28, 2006) 5. Agency requesting checklist: City ofAubum 6. Proposed project timing or schedule (include phasing, if applicable): Upon application being deemed complete. • Checklist Review: (13 months) • Land Use Review/Hearing; (4,6 months) • Engineering Review/Pennilting: (4 months) • ConsthK on. (3 months) 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Not at this time. S. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Geotechnical Evaluation prepared by SubTerra, Inc. Wetland Determination Report prepared by Ecokgkal Land Services, LLC Trafi%c Report prepared by Christopher Brown, P.E. 2 TO BE COMPLETED BY APPLICANT Revised: New Geotechnical Review by Bergquist Engineering Services Revised.- New Geotechnical Information by Bergquist Engineering Services and Hydrology and Wetland Informadon prepared by Preferred Engineering, LLC. 9. Do you know of pending applications for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. The property was recently annexed into the City ofAubum. 10. List any government approvals or permits that will be needed for your proposals, if known. • SEPA Review • Prelminary/Final Plat Review • Engineering Review • Right-of-wayAgreements (possible) and Utility Easements • Water, Storm, and Sewer Plan Approval/Permits • NPDES Permit • Forest Practice Permit 11. Give a complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in the checklist which ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. This proposal rs for a twenty-nine (29) sing/e-fami/y residential lots on 9.06 acres (2 parcels) located at 32516 58' Avenue South, Aubum, Washington. Thera' /s an existing residence that W/l nerrrain at completion of the project. The lots W// meet the development standards for the RI zone, which rs a minimum lot size of 8,000 square feet (75 feet width). The proposed storm water runoff will be conveyed to the south (oft` -site) into a proposed storm water facility for the plat of Slipp's Meadow. (Note: This plat is being submitted concurrently wilt this application by individuals under the same ownership.) Water is available and w/l/ be provided by Lakehaven UtilityDistrict. Sewer service (City ofAubum) will need to be extended east from the valley floor up to the property and will ,equine an easement(s) from the city. The development will require frontage improvements (ha/f-street) along 560 Avenue South (within the existing "rated right-of-way) that wi// coniine further south to the /nen at South 328°x' Street. Water, sewer, and other pertinent utilities w/// be extended within this section of rued to serve the profct and future development of ad)o/n/ng properties (Please see PreliminaryPlat Map Set.) Revised- There are a tote/ of 30 lots EVALUATION FOR AGENCY USE ONLY TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY 12. Location of the proposal. Please give sufficient information for a person to understand the precise location of your project, including street address, if any. If a proposal would occur over a range of area, please provide the range or boundaries of the site(s). Please provide a legal description, site plan, vicinity map and topographic map, if possible. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to the checklist. (Indicate if maps or plans have been submitted as part of a permit application). Again, the proposed subdivision is located at .32516 58" Avenue South, Aubum, Washington. The property rs within the Northwest Quarter ofSsc 14, Township 21 North, Range 4 East; W. M., and the Assessor's Parcel Nos. are 926280-0210 and 926280-0280. (Please see attached Legal Description and Kdnity Map). B. ENVIRONMENTAL ELEMENTS. 1. Earth. a. General description of the site (underline one): Flat, rolling, hilly, steed slopes, mountainous, other b. What is the steepest slope on the site (approximate percent of slope): There are slopes in excess of 40 percent in the northeastern pertxon of the property --within a NGRA Tract—no aempment is to occur witfiin this area In addition, the sewer extension wit/ require traversing a mountainous slope (of - site) that is in excess of 40 percent. (Please see endosed geotechnical evaluation prepared by SubTerra, Inc:) Revised.- Additional geotedinical review by Bergquist Engineering Services c. What general types of soil are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, please specify and note any prime farmland. According to die Sox/ Survey of King County, the soil type is a mixture of Alderwood, gravelly sandy loam (AgQ and Kitsap soils (steeper areas). d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. There are no sunk indications of unstable soils on, or xn the vicinity of the proposed site /ovation. See Geotechnical Report e. Describe the purposes, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. 4 TO BE COMPLETED BY APPLICANT The project w/ll require grading for the construction of the proposed streets, lots, water, sewer, and other ground ablIbes; As designed; there rvi/i be approximately 1,0010 cubic yards of cut and 7,000 cubic yards of fill—or a shortage of 6,000 cubic yards. Material from the plat of5t/pp's Meadow will be imported to balance the amount of material required. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Erosion could occur during the constrmtion phase of this project, Appropriate erosion centro/ measures wi/l be inducted in the grading plans to minimize the impacts of the project. g. About what percent of the site will be covered with impervious surfaces after construction (for example, asphalt or buildings)? The plan depicts t/iere W// be about 56,663 square feet of impervious surface /n the proposed public nght-of-way and prA ate joint -use driveway. Assuming a maximum lot coverage area of 35 percent; there w/ll be an addrbonal 95, 568 square feet of impervious area (total of 273,051 square feet /n lots). Thus, the total impervious area wi// be approximate/}• 152,231 square feet; or 38.8 percent of tfie site (total area is approximately 9.0 acres, or about 392,040 squaw' feet). h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Erosion could occur during the construction phase of this project: As required and /mplerrrented by the City, appropriate erasion contra/ measures will be induded in the final grading plans to minimize the impacts of the project, 2. AIR. a. What types of emissions to the air would result from the proposal (i.e. dust, automobile, odors, industrial and when the project is completed? approximate quantities if known. WOW smoke) during construction, If any, generally describe and give Temporary emissions from equipment and dust will occur during const ruction phase Construction equipment will comply witfi applicable air quality regulations b. Are there any off-site sources of emissions or odor which may affect your proposal? If so, generally describe. None, to our know/edge. EVALUATION FOR AGENCY USE ONLY TO BE COMPLETED BY APPLICANT c. What are the proposed measures to reduce or control emissions or other impacts, if any: None are proposed at this time. 3. WATER. a. Surface: 1) Is there any surface water on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, associated wetland)? If yes, describe type, provide names, and, if known, state what stream or river it flows into. No. Revised,- Stream #0051E, according to the Mil/ Creek Sp+eaa/ Areas Management Plan (sAMP), rs /sated approx/mate/y 150 east of tie east property line. At mos4 this is an intermittent stream (pass 111) requiring a minimum buffer of 25 feet, In addition, there is potentially an enwrgent wetland north of this 2 foot wide stream d�anne/ that /s approximately 150 feet away from the proposed development Fred v nrraton did not reveal the exact /ocabM however, this would be considered a Category Ill OW wetand requiring a minimum buffer of 25 feet up to a maximum of 50 feet In ether case, the developed area of the protect is a considerable distance away and here is no proposed masbmwn that W// affect it. (Please see letter prepared by Ms Darcy Mi/kr, -Wetand Emloyis4 PWS, of Preferred Engineering, LLC.) 2) Will the project require any work over or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Not applkab/e. Revised., Again, Stream #0051E is located approximately 150 east of the easterly pmperty line. Constnxton of the sewer main W// likely occur within 2010 feet of the intermittent s&wm--outside the maximum butler requirements (Please see letter prepared by Ms Darcy Mi/ler, Wetand Ec01094 PWS, of Preferred Eng/neer/rrg, LLC,) 3) Estimate the amount of fill and dredge material that would be placed in or removed from the surface water or wetlands and indicate the area of the site that would be affected. Indicate source of fill materials. Not applicable. EVALUATION FOR AGENCY USE ONLY TO BE COMPLETED BY APPLICANT 4) Will surface water withdrawals or diversions be required by the proposal? Give general description, purpose, and approximate quantities, if known. No. 5) Does the proposal lie within a 100 -year floodplain? Note location on the site plan, if any. No. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Not applicable. b. Ground: 1) Will ground water be withdrawn or recharged? Give general description, purpose, and approximate quantities, if known. No. 2) Describe waste water material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Not App/icab/e. (Note: The e4stnq residence is on sept7c and wi// be connected to the pub/ic sewer system upon comp/eboon of the pro)iect ) c. Water Runoff (including storm water): 1) Describe the source of runoff and storm water and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will the water flow into other waters? If so, please describe. EVALUATION FOR AGENCY USE ONLY TO BE COMPLETED BY APPLICANT Storm water runoff from the road and residences W// be co/%rted via a series of connected pipes to be ultimately d/scharged south into an off-site detenbon/water quality vault on another property (Stipp s Meadow). At this poin4 the water will be treated and conveyed and reused at the pre - development rate. (Note: The route of the surface water will be within 5e Avenue S.) 2) Could waste materials enter ground or surface waters? If so, generally describe. No. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: All development and engineering requirements imposed by the City to control the impacts to the hydrokgy of the area will be penbaned by the proponent. 4. PLANTS. a. Check or circle types of vegetation found on the site: xx deciduous tree: alder, mapleaspen, other xx evergreen tree: fir, cedar, pine, other xx shrubs xx grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other xx other types of vegetation: ornamental (Note: Please see enclosed Wedand Aeterminabon Report prepared by Ecokykal Land Services, Inc., for a more complete &; ng of on-site plant material.) b. What kind and amount of vegetation will be removed or altered? Where development is to occur, existing vqX-tabon will be removed for the grading and consbrucbon of the project. It is the intent of the development to preserve larger trees, where possible, alotg property lines and rears of /obs c. List any threatened or endangered species known to be on near the site. There are none --to our knowledge. d. List proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: EVALUATION FOR AGENCY USE ONLY TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY The developer wi// conform to exislrng Codes and development standards of the City, 5. ANIMALS. a. Circle (underline) any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, son ird other Mammals: deer, bear, elk, beaver, other: Fish: bass, salmon, trout, shellfish, other b. List any threatened or endangered species known to be on or near the site. There are none --to our knowledge. c. Is the site part of a migration route? If so, explain. Not to our knowledge. d. Proposed measures to preserve or enhance wildlife, if any: None are proposed at this tyle. 6. ENERGY AND NATURAL RESOURCES. a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's needs? Describe whether it will be used for heating, manufacturing, etc. Elecgryc0 and gas wi// bre the primary sourm for power and heating the figure residences; b. Would your project affect the potential use of solar energy by adjacent properties? If so, describe. No. c. What kinds of energy conservation features are included in the plans of this proposal? Construction of the new homes will meet or exceed the necessary energy requirements of the Naffiv eat Energy Code. WRT S 9 TO BE COMPLETED BY APPLICANT 7. ENVIRONMENTAL HEALTH. EVALUATION FOR AGENCY USE ONLY a. Are there any environmental health hazards, exposure to toxic chemicals, including risk of fire and explosion, spill, or hazardous waste, that occur as a result of this proposal? If so, describe. No. 1. Describe Special Emergency services that might be required. Not applkcable. 2. What are the proposed measures to reduce or control environmental health hazards, if any: None are proposed at this time. b. Noise. - 1. What type of noise exists in the area which may affect your project (for example: traffic, equipment, operation, other)? None to our knowledge. 2. What types of levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Noise levels wAl inr ease on a short --lean basis during the constnalron Phase of the project: Construct/on W// oeovr during daylight hours as allowed by City Cade and staff In genera/, hours of consbuction will be limited to 8.•00 AM to 6.•010 PM. 3. What are the proposed measures to reduce or control noise impacts, if any: Increased noise levels due to construction will be restricted to the abovemeaboned hours to reduce any impacts to the neighboring residents 8. LAND AND SHORELINE USE. a. What is the current use of the site and adjacent properties? There is an existing residence on the property. Directly north and west are single-family residences To the south, the property is vacant and undeveloped. East of the site rs steep slopes and the land /s undeveloped. 10 TO BE COMPLETED BY APPLICANT b. Has the site been used for agricultural purposes? If so, describe. Not to our knowledge. c. Describe any structures on the site. Again, there is an existing reskence on the property. d. Will any structures be demolished? If so, what? e. What is the current zoning of the site? The current zoning is Residential (R1) per the recent annexation. f. What is the current comprehensive plan designation of the site? The current comprehensive plan designation is Low Density Residential. g. If applicable, what is the current shoreline master program environment designation of the site? Not applicable. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. The steep slopes towards the easterly edge of the properly are designated as env/ronmenta//y sensitive areas and are set aside in a NGPA Tract. i. Approximately how many people would reside or work in the completed project? Assuming Z.9 persons per household, approximately 84 persons will resride /n this development. Revised- Assuming 30 lots in the profl4 there wi// be 87 residents within the development. j. Approximately how many people would the completed project displace? None. k. What are proposed measures to avoid displacement or other impacts, if any: None are proposed at this time. 1. What are the proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: ii EVALUATION FOR AGENCY USE ONLY TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY The proposed 29 lot subdivision is consistent with existing and future land uses, zoning, and comprehensive plan designation and will be compliant with the Code. Revised There are now 30 lots. 9. HOUSING. a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. The proposal induces 28 new moderate to higher Income residences; which is consistent with the adjacent development. Revised; There will be an addrbonal29 lots b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None. c. What are the proposed measures to reduce or control housing impacts, if any: None are proposed at this time. 10. AESTHETICS. a. What is the tallest height of any proposed structure(s) not including antennas; what is the principal exterior building material(s) proposed? The maximum height of any future residences will be consistent with the existing requirements for the RI, which rs thirty (30) feet: b. What views in the immediate vicinity would be altered or obstructed? None. The views are territorial for all the properties in the area. c. What are the proposed measures to reduce or control aesthetic impacts, if any? Street landscaping will reduce the visual impacts of the development In ad�dllmn, the intent is to have mature vegetatbon retained where possible along the rears and property fines of the new msfaeential lots 12 TO BE COMPLETED BY APPLICANT 11. LIGHT AND GLARE. EVALUATION FOR AGENCY USE ONLY a. What type of light or glare will the proposal produce? What time of day would it mainly occur? The light and glare that will be produced from the site wi/l originate from building lighting, exterior sheet /ighdng, and from vehicles using the site. The light and glare will occur in the evening and before dawn. b. Could light or glare from the finished project be a safety hazard or interfere with views? &n c. What existing off-site sources of light or glaze may affect your project? There are none -to our knowledge, d. What are the proposed measures to reduce or control light and glare impacts, if any: None are proposed at this time. 13. RECREATION. a. What designated and informal recreational opportunities are in the immediate vicinity? There are no constructed park areas within the immediate vianity (1 mile) of the site. However, the property directly south of the site rs owned by the aty and -&.In tsm*d-� b. Would the proposed project displace any existing recreational uses? If so, describe. Fin c. What are the proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None are proposed at this time. Revised., There is a proposed park area at the terminus of the northerly cul- de-sac to a//ow recreational opportunities for the residents in the plat. 13 TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY 13. HISTORIC AND CULTURAL PRESERVATION. a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. Not to our knowledge. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on the site. There are none --to our knowledge. c. What are the proposed measures to reduce or control impacts, if any: None are proposed at this time. 14. TRANSPORTATION. a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any: The proposed subdnriss/on wi/l be direcdy aaesvble to 580 Avenue South (south), South 3280 Stree4 and 56#'A venue South. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? No. The nearest transit stop appears to be a park-andride located at the /ntersecbon of West Valley Highway and Peasley Canyon Road -approximately one-haKmile south of the pwjecct c. How many parking spaces would the completed project have? How many would the project eliminate? Assuming a minimum of 2 covered parking spaces per household, there will be at /east 56 new parking spaces (58 total) being provided upon cornp/etfon of the project. No panting spaces will be eliminated ham this proposal. Revised.- Based on 29 new lots, there will be at least 58 new parking spaces -60 total. d. Will the proposal require any new roads or street, or improvements to any existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). 14 TO BE COMPLETED BY APPLICANT Yes The project will require an intema/road system (2 public residenda/ cul- de-sacs and 1 private joint --use driveway) to be constructed to serve the new residences In additon, .580 Avenue South will be designed and constructed to half-sbeet standards within the existed dedicated right-of-way south to South 32r Street. (Note: South 328 ' Street will be Improver, as part of the Stipp s Meadow project being processed concurrently by this applicant.) e. Will the project use or occur in the immediate vicinity of water, rail, or air transportation? If so, generally describe. M f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Assuming an average of 10 vehicular trips per day, there will be approximately 280 new trips generated from the proposed subdivision (ITE Manua/). Of this amount; approximately 28 of these trips will occur during peak hours Revised: Based on 29 new lots, there W// be approximately 290 new trips- 29 new peak hour t7ps g. What are proposed measures to reduce or control transportation impacts, if any: The app/,cant will be re4ponsib a for any appropriate traffic mibgabbn fees, which will onset some of the impacty of the subdivision—lfapp/,cable. 16. PUBLIC SERVICES. a. Would the project result in an increase need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. Yes There could be an Increased creed for fire and police protectrbn due to an adMonal 28 lots in the area. Also, there mil be an impact on the present school system for any future students residing within the development. Revised: There will be 29 new residences: b. What are proposed measures to reduce or control direct impacts on public services, if any - EVALUATION FOR AGENCY USE ONLY Property taxes, building permits and school impact miticjati w feces generated from these residences will mitryate impacts incurred from this development. 'FU2�c' t�Vwp ac/4 FcA' oAAk a I r► UM p- *mb4 �v 15 TO BE COMPLETED BY APPLICANT 17. UTILITIES. EVALUATION FOR AGENCY USE ONLY a. Circle (underline) utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other: cable television. b. Describe the utilities which are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Electridty: Puget Sound Energy Gas: Puget Sound Energy Water: Lakehaven Ut///ty District Refuse: Waste Management Telephone: Qwest Communaabons Sewer: City ofAuburn Cable: Comcast Connections) to the above mentioned uti//ties wi/l be negotiated with the individual purveyor during the building permit and acwstruction phases of this project. There may also be a need for a right of -way permits) to gain access to the property at cons&uct on. C. SIGNATURE. The above answers are true to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Applicant `Q041s'50) Date Submitted: Co , 2-8. O r 16 CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMIT14IFNT SCHEDULE A (Continued) Order No.: 1159659 Yaw No.: LEGAL DESCRIPTION EXI Mrr (Paragraph 4 of'Sd6eduie A cxmnt muation) PARCEL A:'D_-G 2't&o —03-10 TRACT 40, WEST AUM M FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED 1N YOLK 15 OF PLAT'S, PAGE 12, IN KING COUlNiY, WASHINGTON. PARCEL B: S2— 6 2-130 — 02Z e? TRACT 50, WEST AUBURN FIVE ACRE TRACTS, ACCOitDING TO THE PLAT THEREOF, RECORDED IN VOLUME 15 OF PLATS, PAGE 12. IN KING COtlPH Y, WASHINGTON. e� CLTACMA6/RDA/0999 *I 12 a Mb PK ENTERPRISES June 16, 2006 Exhibit 11 Number of Pages RECEIVED JUN It 9 2006 Mr. Dennis Dowdy, Director City of Auburn PLANNING DEPARTMENT Public Works Department 25 West Main Street Auburn, WA 98001-4998 RE: A Request for a Road Deviation for Road Gradient along SOP Avenue South, Mountain View Estates Plat, Auburn, Washington. (File No. PLT06-OW2/SEP06-0004) Dear Mr. Dowdy: On behalf of the Prius Triland, LLC, PK Enterprises is requesting a Road Deviation for the road gradient along 5e Avenue South which borders the Mountain ViewEstates Plat. The existing alignment is a series of paved and unpaved sections with driveways that serve the various residences. The naturaltopography within the right-of-way varies from approximately 5 to 17 percent. The construction of Mountain View Estates Plat requires half -street improvements along the easterly edge of 58"' Avenue South that will ultimately tie into South 328"' Street (also requires improvements). Because the topography varies up and down, the road has been designed to best align with the ground; however, there are instances that require a steeper grade --8.7 percent. For the most part, the proposed vl alignment is less than 6 percent. Even when a steeper gradient required, there is a 2-4 vertical drffe mica ertica between the proposed road elevation and existing topography (grading and/or walls are required). To require a road gradient not to exceed 6 percent would further increase the amount of grading (walls) needed at points along the street. As proposed, the vertical grade meets the maximum, 12 percent, allowed fox emergency purposes. There will be no sight distance issues along the road; thus, safety is not compromised for the existing and/or future residents served by the road. This deviation request is based on the existing conditions and topography along the road alignment and will not be a detriment or cause undo harm to the present and future residents accessing this road.. We appreciate your time and consideration in this matter. If there are any questions, please feel free to contact me at (206) 227-7445. Sincerely, PK ENTERPRISES PHILLIP KITZES CC Mr. Steve Lee, Prius Triland, LLC Mr. Timothy Powers, Prius Triland, LLC 23035 SE 263RD S 1'REET • MAPLE VALLEY, WA • 98038 PHONE: 206.227.7445 • FAX: 425.432.9397 • PKENTERPR,C@AOL.COM PK ENTERPRISES April 17, 2006 Mr. Dennis Dowdy, Director City of Auburn Public Works Department 25 West Main Street Auburn, WA 98001-4998 Exhibit ( V Number o Pages ages �'FCEIVEID OR 18 2006 SNI NG DEpAPNENT RE: A Request for a Road Deviation for Centerline Radius of a Local Residential Road, Mountain View Estates Plat, Auburn, Washington. (File No. SEP06-0004/PLT06-0002) Dear Mr. Dowdy: On behalf of the Prius Triland, LLC, PK Enterprises is requesting a Road Deviations for centerline radius of a local road within the Mountain View Estates Plat. The proposed.iroad is a local access road, which requires a minimum centerline radius of 375 feet. As proposed, the minimum centerline radius is 50 feet, which allows for consistent lot design and yield for this property. A total of fifteen (15) lots will be served by this road; thus, the actual volume of trips is very low. The road can be described as either an elongated cul-de-sac or a loop road that connects back. to itself. The concept behind the design is to allow for an area within the right-of-way for recreational opportunity for the future residents. This type of design has been employed in many larger subdivisions and master planned communities. In essence, what is usually a solid paved area is now broken up by landscaping—a small park area. The plantings within the park area will be low -growing to allow for ample sight distance for vehicular traffic. The minimum inside radius is 25 feet (pavement edge) which is sufficient to serve the subdivision in the instance of an emergency. During the meeting on March 176, a point was bmught up about parking within the turnaround area. As is the case with most cul-de-sac terminuses, there is very little opportunity for parking within the actual bulb area. This is due to the fad that in many instances the frontage of lots is reduced to accommodate the number of lots being served. We are proposing a pavement width of 28 feet; which is the minimum required, and in general, allows for 20 feet of travel way and 8 feet of parking on one side. This deviation request allows us to develop the site in an efficient manner and provide a unique recreational opportunity for the enjoyment of the future residents. The actual Pavement width is not reduced; thus, there is sufficient area for emergency and general access for the lots. The turning radii are reduced, but given the number of lots, traffc volumes will be tow and there will not be any safety issues. We appreciate your time and consideration in this matter. If there are any questions, please feel free to contact me at (206) 227-7445. 73035 SE 263RD STREET • MAPLE VALLEY, WA • 98038 PHONE_ 206.227.7445 • FAX: 425.432 9397 • PKENTERPRS@AOL.COM Sincerely, PK ENTERPRISES PHILLIP KITZES CC Mr. Steve Lee, Prius Triland, LLC Mr. Timothy Powers, Prius Triland, LLC Mr. and Mrs. Steve Nichols PK ENTERPRISES April 17, 2006 Mr. Steve Pilcher, AICP City of Auburn Planning and Community Development 25 West Main Street Auburn, WA 98001-4998 Exhibit ' I 2 NumberofPages 3 A!ECEV APR 18 2006 BANNING DEPARTtlrcH f, RE: A Request for a Special Exception for Public Agencies and Utilities, Stipp's Meadow and Mountain View Estates Plats, Auburn, Washington. (File Nos. SEP06-0003/PLT06-0001 and SEP06-0004/PLT06-0002) Dear Mr. Pilcher: On behalf of the Stipp's Meadow, LLC, and Prius Triland, LLC, PK Enterprises is requesting a Special Exception for Public Agencies and Utilities for Stipp's Meadow and Mountain Yew Estates Plats. Both projects were recently annexed into the city under the Ft -1 zoning designation. To develop to these urban standards, sewer (public utility) needs to be extended from the valley floor up a steep ravine, which is considered a very high hazard rating. Auburn City Code (ACC) 16.10.170 states that if the provisions of the Code prohibit development for a public utility, the agency or utility may apply for a special exception. Background. The proposed sanitary sewer pipe alignment after the intersection of S. 32e Street: and 581' Avenue South will be laid east down the 15% to 30% slope. At the terminus of the cemetery fence, the 25% slope changes to 70%+ slope. The sanitary sewer proposed will be directed down the steep slope (in excess of 700%) with a minimum of 3 feet of cover down the slope. This is shown in the preliminary sewer plan sheet provided. Prior to final engineering, a final steep slope geo-technical analysis will be conducted upon portions of the steep slope (in excess of 70%) to determine if burying the proposed HDPE pipe will be possible and not cause excessive slope failure due to unearthing loose surficial soils that appear to be in the upper layers of the slope (see preliminary steep slope geo-technical letter composed by Sub -terra, Inc.). If surficial soils are found on site, the proposed HDPE will be modified to be placed on top of the existing ground cover in order to minimize excessive erosion that may cause a problem in the future. If the pipe is laid on top of the existing ground cover, the pipe will be anchored at 20' intervals with clamps and pile driven steel stakes with a helical anchor to secure the pipe. If the above ground HDPE pipe is recommended, then a curved alignment will be proposed that will provide relief from thermal effects on the pipe. 23035 SE 263RD STREET • MAPLE VALLEY, WA • 98038 PHONE: 206.227.7445 • FAX: 425.4329397 • PKENTERPRS@AOLCOM 0 A strong HDPE will be proposed where puncturing will be very difficult against angular rocks if found on site. In addition, the base of the steep slope will be proposed a larger sized SSMH that will provide an inside drop pipe to dissipate excessive energy carried by the sewer flow. A structurally reinforced base structure will be provided as well as a slip joint prior to entering this SSMH. Exiting conveyance will be directed through an underground piping system that will provide a minimum of 36" of cover over the proposed 12 -inch sanitary sewer connection to an existing SSMH found on the parking lot to the south of the funeral home. Justification. The following commentary is justification to allow for a special exception to extend sewer (ACC 16.10.170.D.): 1. There is no practical alternative to the proposed development with less impact on critical areas. Response; There are no practical alternatives to get the .sewer up the hill other than fol/owing the alignment as proposer, 2. The application of this chapter would unreasonably restrict the ability to provide utility service to the public. Response; Both projects could not be developed under the standards set forth in the R-1 zone without extending sewer to tfie prnperpes This is an area for future annexation by the City and the extension of the sewer main W// al/ow future projects serv/ce to be developed under city standards In addition to serving the two projects, sewer ,W11,be extended into the cemetery, Mich the city has indicated is a very much needed ut/lity. 3. 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 reduction of the lot width W// not alter brie d�aracter and/or be detr/mental to the immediate neighborhood, The .surrounding propert;es are on septic; thus, the actual lot sizes/widths may be larger to accommodate a pn'vate sewer system. However, there are several properties in the area with lot w/dth rang/ng from 70 to 80 feet wide—similar to ifiis project. In fact, directly wrest of the site there is a lot that is 70 feet wide and sized about the same as being proposed (g,BAp square feet.) __ . 4. The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with the other applicable regulations and standards. Response; At Fina/ engineering approval, tfie developer wi// be working dii ectYy with the city to ensure the best means of design and installation are developed to minimize disturbance of the hi//side while providing service to the end-users Whether the pipe is instal/ed underground or laid on top of the ground and secured by anchor bolt 5, it is 2 our goal that the service be instal/ed so it is safe and W// function to meet the needs of these developments, the cemetery, and future residents We appreciate your time and consideration in this matter. As part of our initial submittal and re -submittal, we have enclosed preliminary geotechnical evaluations of the slope it) an ffort to understand what will be the best solution for bringing the service up the hillside. .A,ga neat final engineering approval there will be additional testing, analysis, and engineering of the hillside to develop the best solution for this activity. If there are any questions, please feel free to contact me at (206) 227-7445. Sincerely, PK ENTERPRISES i PHILLIP KITZES CC Mr. Timothy Powers, Prius Triland, LLC Mr. Steve Lee, Prius Triland, LLC/Stipp's Meadow, LLC Mr. & Mrs. Steve Nichols Mr. James Stipp PK ENTERPRISES June 28, 2006 Exhibit 4-0 Num ber of Pages Mr. Steve Pikher, AICD City of Auburn Planning and Community Development 25 West Main Street Auburn, WA 98001-4998 RE: A Request for a Variance for Lot DePth for Lot 5, Mountain View Estates Preliminary Plat, Auburn, Washington 98001. (File Na. PLT06-0002/SEP06- 0004) Dear Mr. Pilcher: On behalf of the Prius Triland, LLC, PK Enterprises is requesting a variance to reduce the minimum lot depth requirement for Lot 5 within the Mountain View Estates Preliminary Plat The property is in the R-1 Zone which requires a minimum internal lot width of 75 feet. The plat: has been revised several times per staff comments—the most recent submittal being June 16, 2006. In the latest layout, staff requested that the recreational space be moved; thus, lots were shifted to accommodate a more appropriate location. In addition, the length of the private drive (Tract B) was longer than 150 feet, so the design needed to meet this requirement In doing so, Lot 5 was adjusted; however, the length of one property line is less than the required 100 feet (97.5 feet). The southerly Property edge is 153 feet with an average depth being approximately 125 feet. The following commentary is justification to allow for the reduction (ACC 18.70.010 Variances.): ACC 18.70.010. Variances. A. Subject to the conditions, safeguards and procedures provided by this Title, the hearing examiner may be empowered to hear and decide applications for variances from the terms of this Title; provided the hearing examiner may approve a variance only if the request conforms to all of the following criteria. The examiner must enter findings and tact and conclusions of law which support the tbilowing criteria and any conditions: 1. That there are unique physical conditions including narrowness and shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to and inherent in the particular lot, and that, as a result of such unique physical conditions, Practical difficulties or unnecessary hardships arise complying with provisions of this title. 23035 SE 263RD SIREET • MAPLE VALLEY, WA • 98038 PHONE: 2D6.227.7445 • FAX 425.432. 9397 9 PKEN'IERPRSQAOL.COM f Response: After a second subnnya/, staff commented on the fact that they would not be supporirve of a piark within the northerly cu/ -de -sac and tit the maximum /ei7gth of the private axess road is ISO feet needed to be met. The plat has been i,evised aczordingk however, adjustments were made to the lots along the northerly edge of the protect. In aping so lot 5 now has a norther/}, property tine measuring 97.5 feet. At the midpoint in ttae lob the length as apprarfimate/y 125 feet; which cs more than the required IAO feet (southerly prgaerty fine measures 153 feet). The square footage of bye lot wie// exp the 8,000 square foot requirement -9,329 SF. The proposal rs meebng the density and deveihpment requ/cements of bye zone. This rs the only lot that requires a modifrcaben to the standards and rs only 2.5 feet less than that is required. 2. That, because of such physical conditions, the development of the lot in strict conformity with the provisions of this Title will not allow a reasonable and harmonious use of the property. Resfwnse: This pro ect #m*es subdividing the property into 30 s/ngle-fam//lv lots wibi a minimum lot size of 8, OW square feet When the plat was revised, the lobs where designed to meiet the required square footage, to retain brae exerting ms" mce, and to respect the Native Gfowth Prvtxbion Area (NGPA) in the northeast acrner; Furdaer»>ore, staff` d/d not want the leorabovaal area to be an lzbnd; thus,, we adjusted the site plan aczor&fpg ; The topography scopes from north to south and the lots are designed to accommodate than gradden4 but this too & a con ddaon of the site that requires a7rmeraboo in the layout Where arcs lot ,is located; bye slope aF b5Le ground acs flat and bye arientabao of the lot (eastlKest) rs fine. As stated rn the,mor request sewer cs being brought up from the valley fiidor ands a COS&Y aorzsthAton Mem. A reduclfon in Me number of doq�;) greatly affects Me vhabrity of ffils prnje,:t. 3. That the variance, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the property is located. For non- conforming single-family homes, this finding is determined to be met if the features of the proposed variance are went with other comparable features within 500 feet of the proposal. Response: Thee reduction of the lot depth W// not alter the character and/or is de&h77enb/ to brie immedlate neii7bborfiood, The surrounding properties are on septk; ffiUs, bye amoral dot seeslwmft are lanyer to aornmrnodate a prnate semer syMs m. However, there are sem-wa/ propates in Me area wrtfi lot width ranging pan 70 to 80 feet wroe—similar to this project. 4. That the special circumstances and conditions associated with the variance are not a result of the actions of the applicant or previous owners. Response: There are no spedbl afrumstanres and rnndib'ons assocnated with this variance b5at are a direct result of b5e appl ont Of present owners The dimensions of the project area have not been of nred and doe NGPA was a stab/rshed when the resrderace was constructed. (loot: The actual boundary was not actually dined; however, we have assumed (based on the deco ipbon of the area) that the top ofslqae rs the bouneany edge. 5. Literal interpretation of the provisions of this Tide would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. 2 Response: Literal interpretation of this Tide would reduce the lot yield thus, reducing the rights enjoyed by others in the same zoning district. Again, the reduction occurred when the lots were shifted to accommodate staff's comments to move the recreational spm on the project site. As stated before, the sewer main is naming from the valley floor—more dean 1,000 feet off-site up a steep nope This rs a cusdy item and a reduction of lots affects the viabl/ity of the project (Note.• There ,is interest hnm many of the adjoining properties to be served by this sewer main, this, this proposal is providing a necaofed senor to the immediate aelghborhaod.) 6. The approval of the variance will be consistent with the purpose of this Tide and zoning district. Response: The purpose of the deve%pment standards of trie R 1 zone Is to insure tfiat existing and prMosedlois are a minimum of 8,OW square feet and dewe hped at a density of appmAimately 5 dlrvelling units per acre To accomplish this, minimum lot dimensions Ae. 75 feet wale and IAD feet deep) have been established; however, the Cade does have pnwipons whldi allow for reducban in lengths The reductun bL.Inxl sought ns less than 3 pint of the required length, The lots area minimum of 8, AAD Square feet and die density is less than 3 dwelling units per aae. 7. The variance will not allow an increased in the number of dwelling units permitted in the zone. Response: The protect area is 9.0 acnes, or 392,090 square feel: ~Ing this number by die minimum lot size of 8, OW square fuel; &fie maximum number a, Acts (density) is 49 lots—dhe plat has 30 lots. This, this development aloes not increase the number ofallowable lots m this zone 8. The authorization of such variance will not adversely affect the comprehensive plan. Response: Approval of this variance W11 not adversely affect the cVNnprehens flan. 9. The variance shall not allow a land use which is not permitted under the zoning district in which it is located. Response: The land use being established by the deveoplmrt4 with the approved variance, is a permitted use in thus zoning d&&kt 10. The variance shall not change any regulations or conditions established by surface mining permits, conditional use permits or contract rezones authorized by the city council. Response: Not applicable. The proposed variances allow the property to be developed with a minimum lot size of 8,000 square feet at a density considerably less than allowed by Code. The proponent has worked with staff and has revised the plan to meet the certain staff criteria concerning access and the establishment of recreational opportunities for the future and existing residents. The maximum Yield is 49 lots, yet there are only 30 being proposed within the development. The off-site sewer project, which is a benefit to the neighboring properties, is expensive and a reduction of lots affects the viability to construct the plat. Without the variance approval, there will be a loss of a lot and the ability to develop the site in a manner consistent with other similarly zoned properties. We appreciate your time and consideration in this matter. If there are any questions, please feel free to contact me at (206) 227-7445. Sincerely, PK ENTERPRISES PHILLIP KI7ZES CC Mr. Steve Lee, Prius Triland, LLC Mr. Timothy Powers, Prius Triland, LLC Mr. & Mrs. Steve Nichols Elizabeth Chamberlain From: Sent: To: Subject: Karen Walter [Karen.Walter@muckleshoot.nsn.usj Wednesday, June 14, 2006 2:56 PM Elizabeth Chamberlain Page l of 1 Exhibit T Number of Pages Mountain View Estates PLT06-0002 and SEP06-0004 Notice of application Attachments: alt8 SAMP.pdf Elizabeth, Thank you so much for faxing us a copy of the "Wetland Determination Report for Mountain View Estates dated December 8, 2005 for the above referenced project. We have reviewed this report and have a couple of questions/ comments. First, according to the references in -the back of the report, it appears that the consultants did not review the Special Area Management Plan for Mill Creek (2002). This plan includes a map (Alternative #8, see attached file) showing various streams and wetlands that are near the project including Stream 0051 E and Wetland 5VY. Is there any reason why the consultants did not review this plan? SAMP map on site or not? Is wetland 5VY as shown on Alternative #8 of the Also, please note that there is an inconsistency in the wetland report. On page 1, the report indicates that there is an unnamed stream flowing across the NE corner of the site (likely Stream 0051 E); however, on page 2, the report states that "there are no stream ... within 100 feet of the site boundaries'. Per the Special Area Management Plan for Mill Creek, Alternative 8 map and King County's IMAP, it appears that there is a stream on site that drains to Mill Creek. Second, according to the response in item 3.a.1 of the checklist, there are no surface waters onsite, which appears to be in error based on the information above. If the information in item 3.a.1 is incorrect, then is the response to item 3.a.2 still correct (i.e. no work within 200 feet of any waterbody)? We would appreciate any clarifications that you may obtain for this project and look forward to your response. Thank you again, Karen Walter Watershed and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division 39015172"d Ave SE Auburn WA 98092 253-876-3116 6/14/2006 iviountain view Estates (PLT06-0002) Page 1 of 2 Elizabeth Chamberlain From: Brian Asbury [BAsbury@lakehaven.org] Sent: Wednesday, June 21, 2006 2:45 PM To: Elizabeth Chamberlain Subject: Mountain View Estates (PLT06-0002) Attachments: AUB-PLT06-0002.pdf Elizabeth, Lakehaven, at least to my knowledge, hasn't typically provided land use application comments for projects submitted to Auburn. Certainly, if we ever did we haven't for quite some time. However, since we received the Notice of Application form for the subject proposal within our service area (thank you), and we already have a process where we participate on the City of Federal Way's weekly Development Review Committee, we intend to provide preliminary/summary reviews and comments for Auburn applications as we receive them. 4e, w ly, we're just taking the opportunity to pass along development information that should be helpful to the developer and Auburn, in. addition to (hopefully) reducing and/or eliminating any potentiat confusion and/or conflicts for any parties involved. Please feel free to pass this general message along to anyone else at Auburn that you think may find it informative. Let me know if you have any questions or need additional information. WATER To date, the owner/applicant has not submitted either a Pre -Application, Pre -Design, or Developer Extension Agreement application to Lakehaven. A preliminary review of the property indicates that a Developer Extension Agreement will be required. Lakehaven emphasizes that owners/applicants should apply separately to Lakehaven for the one of the above processes early in the pre-design/planning phase to avoid delays in the overall development process. Further detail and/or design guidance and requirements regarding water and sanitary sewer facilities will be provided only after the owner/applicant has submitted the appropriate application to Lakehaven. SEWER . This property is located within the sewer service area boundary of the City of Auburn. GENERAL Lakehaven's Capital Facilities Charges are calculated on the basis of Equivalent Residential Units (ERU). Residential equivalency for Single-family use is calculated as 1.0 ERU per unit. Lakehaven's 2006 Capital Facilities Charges are $3,196/ERU for water. All comments herein are valid for one (1) year and are based on the proposal(s) submitted and Lakehaven's current regulations and policies. Any change to either the development proposal(s) or Lakehaven's regulations and policies may affect the above comments accordingly. «AUB-PLT06-0002. pdf>> Let me know if you have any questions or need additional information. Brian Asbury Engineering Technician III Lakehaven Utility District h92://Www.lakehaven.org FAX 253-529-4082 6/21/2006 Mountain View Estates (PLT06-0007) Page 2 of 2 NOTE: Lakehaven Utility District neither warrants nor guarantees the accuracy of any facility information provided. Facility locations and conditions are subject to field verification. AN fees and charges subject to change without notice. 6/21/2006 I _: :i— . : LAvo Washingtonat Ste partment or Transportation V� De Douglas 8. MacDonald Secretary of Transportation July 18, 2006 Joe Welsh City of Auburn Department of Public Works 25 West Main Street Auburn, WA 98001 Subject: SR 18 / SR 167 vicinity Nichols and Stipp Plats (43 SFRs) Traffic Impact Analysis Dear Mr. Welsh: Northwest Region 15700 Dayton Avenue North P.O. Box 330310 Seattle, WA 98133-9710 206-440-4000 TTY: 1-800-833-63M w'K'WWsdot.wa.gov 8�CAC"V ,lz,D . , tIUt Z � ,ft qEp� The Washington State Department of Transportation Analysis (TIA) provided for the above subject projects. Based upon trehveriwed aOTraffic Impact and`conclusions provided in this report, the following facts represent the issues and areas of frons, concern with respect to this development's potential impact to SR 167 and/or SR 18: Fact and Issue #1: In 2008, the W Valley Hwy / 15`h St NW intersection will operate: at LOS D without the project. After the project is constructed and fully occupied (2o LOS F will this intersection will receive 15 net new.trips and will operationally de grade signal timing / phasing improvements can mitigate this degradation and return theinteron'sstates t LOS to D. This intersection is less than 0.2 mile from the 15th St NW / SR 167 SB ramp terminal intersection. 15" St SW within the SR 167 interchange is listed as a 2004 HAL. In addition, the SR 167 NB off ramp and SB off ramp intersections with 15m St SW are also 2004 HAI, locations. Fact and Issue #2: In 2008, the W Valley Hwy / W Main St intersection will operate at LOS C. After the project is constructed and fully occupied, this intersection will receive 18 net new trips and will degrade to LOS E. Again, the developer states that signal timing / phasing improvements can- tnitigate this degradation and improve the operation of the intersection to LOS B. This intersection is approximately 0.3 mile from the W Valley Hwy / SR 18 WB ramp terminal intersection and approximately 0.4 mile from the W Valley Hwy / SR 18 EB ramp terminal -Ji tersection. The SR 18 EB off ramp /W Valley Hwy intersection is. listed as at 2004 HAL. WSDOT has 4 different threshold criteria that must be considered when determining whether or not a project has a significant impact to any State facility or intersection. The threshold criteria are as follows: SR 18 / SR 167 vicinity Nichols and Stipp Plats Page 2 of 2 a. LOS must not be less than D after the project is constructed and fully occupied or operational. b. Net new trips greater than 10 may be considered for possible mitigation depending upon the location of the project and other conditions. c. Net new trips greater than 25 is considered significant when the WSDOT criteria for. RT / LT channelization has been exceeded as a result of the project's trip generation. d. Net new trips greater than 10 is considered significant when the impacted :intersection is listed as a HAL or HAC location. Based upon the LOS degradation and net new trip generation at the two W Valley BWy intersections noted above, the proximity of those intersections to intersections on State Route facilities, and the fact that there are two 2004 HAL locations within the vicinity ofttds project, the following TIA comments are made: 1. Please extend the east limit of your impact analysis to include the SR 167 SB and N13 ramp terminals / 15`h St NW intersections. Determine the net new trips added as a result of the project and the 2008 LOS with and without the project. 2. Please extend the south limit of your impact analysis to include the SR 18 EB off ramp / W Valley Hwy intersection. As requested above, please determine the net new trips added to this intersection and the 2008 LOS with and without the project. In addition please include the SR 18 WB on ramp / W Valley Hwy intersection in order to provide a complete analysis of the possible impact to State Route intersections. For inquiries to the above comments, please contact Joyce Barnes at 2064404357 or Rick Roberts at 206-4404352. If you have any questions, or require additional information please contact Felix Pallsoc of our Development Services section by phone at 206-4404713, or via e- mail at palisof@wsdot wa ov. Sincerely Ramin Pazooki Local Agency and Development Services Manager RP:fsp cc: Day File Project File R. Roberts / I Barnes, MS 120 C:Telix DevSefv%SEPA_RespmuesNsePaAUBURN_NWSRIBSR167Nd)dSSOPP_ MCamieM52City.doc Elizabeth Chamberlain From: Tom Jones [tpjones1@hotmail.com] Sent: Monday, August 14, 2006 8:16 PM To: Elizabeth Chamberlain Cc: pete.vonreichbauer@metrokc.gov Subject: Stipp's Meadows LCC and Nichols Annexation LCC 4238 S. 314 Federal )Nay WA August 14, 2006 At an informal meeting with the developers, Prius Triland, LLC, on August 11, 2006 and the residents impacted by the Nichols and Stipps Auburn city annexation and plat allowed many to see the proposed plan. Thanks to all that made it happen. For the purpose of this correspondence I will reference that meeting as "the plan. First of all it was good to see the lot sizes and land use to be a blend within the existing area. But I do have four areas of concern that I respectfully ask to be documented and addressed. 1. Surface Water Management: The question was asked how the runoff from the widening of S. 328th Street and new intersection would effect an already troublesome problem of runoff to my driveway at 5614 S. 328th. The best answer I could get was this was not an issue because I live on the "King County" side of 328th and "the plan" does not address that. 2. Traffic Safety: The plan shows the one and only access to the Stipps addition to be in front of the residences 5604 and 5614 S. 328th about 50 feet from 56th Avenue South a known and documented traffic problem due to sight limitation. Now we have a proposed 43 additional lots and 100 plus cars all jockeying for position to navigate a }mown traffic hazard. "The plan" defies logic and good sense and needlessly puts the public at risk. a. Stipp addition could be accessed from 56th Avenue South at a location where sight distance is not an issue and traffic is moving at a safe speed due to the present stop sign at 56th Avenue South and 46th Place. b. About 200 feet East of proposed Stipp access is 57th Avenue South an intersection already designed for vehicle traffic. C. If 58th Avenue South was a thru street it would give options to safely access other surface streets. 3. Emergency Vehicle Access: "The plan" shows an alternate emergency vehicle access through a gated community. This is an extreme departure from past communications with the city of Auburn in regards to providing two accessess after the housing density plateau has been reached. Scenario: We have an accident at 328th and 56th Ave. S. (the already known traffic problem). The road is blocked - now the emergency vehicles and other residents are trying to get in or out of the gated community emergency access. In the name of public safety we could do better. 58th Avenue South as a thru street would resolve the problem of the need for two accessess. 4. Sanitary Sewer and Public Health: It was learned and aknowledge that sanitary sewer would be coming up S. 328th Street and that two residents have been offered "stub outs" for future connections. In the interest of public health I think this is a wonderful idea. But let's don't discriminate - make it availabe to all in the immediate impacted area with the hook up cost to be grandfathered in. In conclusion, in the four areas of concern listed above "the plan" does not address or acknowledge the residents impacted that border these new developments. In that regard "the plan" seems to be punitive in nature. I believe most people to be aware of King County's desire to succeed local government function to the City of Auburn in the West Hill area. Without a plan that puts public interest and safety first the lack of trust and disharmony will continue. I ask the City of Auburn to make the right choices in the public interest and safety as you process these proposals. Sincerely Thomas P: Jones 1