HomeMy WebLinkAboutITEM VIII-B-5AuBURt~i
WASH [ NGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Lakeland Area 9 Preliminary Plat, Application No. Date: August 13, 2007
PLT06-0006
Department: Planning Attachments: Please see exhibit list, Budget Impact:
Building and Community below. Resolution No. 4227
Administrative Recommendation:
City Council to set September 4, 2007 as the date to conduct a closed record hearing on the preliminary
plat for subdivision of a 1.48-acre parcel into seven single family residential lots.
Background Summary:
The Hearing Examiner on July 18, 2007 conducted an open record hearing on the request of Martin D.
Waiss, of Lakeland East, LLC for preliminary plat approval to subdivide a 1.48-acre parcel into seven
single-family residential lots and one private access/utilities tract, for a project known as "Lakeland Area
9". The project lies northeast of the intersection of Lake Tapps Parkway East and Charlotte Avenue SE.
The project site is within the Lakeland Hills South Planned Unit Development (PUD).
On August 1, 2007, the Hearing Examiner issued a decision recommending to the City Council approval
of the preliminary plat request subject to eleven conditions. The seven-day period to request
reconsideration of the hearing examiner's decision ended August 10, 2007. There were no requests for
reconsideration filed.
In accordance with ACC 18.66.180, the City Council upon it review of the record, may:
1. Affirm the Hearing Examiner recommendation (without conducting is own closed record hearing) and
approve Resolution No. 4227;
2. Remand the recommendation to the Hearing Examiner (with direction); or
3. Schedule a closed record hearing (proposed to occur at the Council's regular meeting on September
4, 2007).
The Council can only modify or disaffirm the Hearing Examiner's decision after conducting their own
closed record hearing.
03.5 PLT06-0006 L0820-4
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Action:
Committee Approval: eyes eNo
Council Approval: Yes No Call for Public Hearing
/
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Referred to Until / /
Tabled Unto T ~
Councilmember: Norman Staff: Osaki
Meetin Date: Au ust 20, 2007 Item Number: VI11.6.5
~~$~R.N * MORE THAN YOU IMAGINED
Agenda Subject: Date:
Lakeland Area 9 Preliminary Plat, Application No. PLT06-0006 August 14, 2007
List of Exhibits
Exhibit 1 "* Staff Report
Exhibit 2 ** Notice of Application, March 23, 2007
Exhibit 3 *" Notice of Public Hearing
Exhibit 4 "" Affidavit of Posting
Exhibit 5 ** Affidavit of Mailing
Exhibit 6 ** Confirmation of Publication of Legal Notice
Exhibit 7 Combined Final Determination of Non-Significance (DNS) and Adoption Notice, 4-11-07
Exhibit 8 Completed Master Land Use Application, 10-5-06 (and Preliminary Plat Application Form)
Exhibit 9 Preliminary Plat Lakeland Area 9 (Sheet 1 of 1), Apex Engineering PLLC, Revised 12-22-
06
Exhibit 10 ** Lakeland -Area 9 Wetland and Stream Analysis Report, Sewall Wetland Consulting Inc.,
06-21-06
Exhibit 11 "" Lakeland Area 9 Preliminary Plat Comment Response Letter, Sewall Wetland Consulting
Inc., 01-03-07
Exhibit 12 ** Preliminary Drainage Report for Lakeland Area 9, Apex Engineering PLLC, 10-02-06
Exhibit 13 ** Certificate of Water Availability, City of Bonney Lake, 09-28-06
Exhibit 14 ** Final Plat North Tapps Estates (Sheets 1, 4, 8 and 9 of 10), Pacific Northwest Land
Surveyors, Signed 5-2-07
Exhibit 15 Letter from Matthew Sweeney, Attorney for North Tapps Estates/Prium Development, 07-
11-07
Exhibit 16 An additional Finding of Fact and two Conditions recommended by Staff and presented at
the public hearing on 7-18-07
Exhibit 17 Hearing Examiner's written recommendation on Lakeland Area 9, Preliminary Plat,
issued August 1, 2007
** -The indicated exhibits are not included in the packet but are available on
request to the Planning Department, 253-931-3090.
Page 2 of
RESOLUTION NO. 4227
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING A
PRELIMINARY PLAT APPLICATION FORA 7 LOT
RESIDENTIAL SUBDIVISION KNOWN AS
LAKELAND AREA 9 WITHIN THE CITY OF
AUBURN, WASHINGTON
WHEREAS, Application No. PLT06-0006, dated October 5, 2006, has
been submitted to the City of Auburn, Washington, by Martin D. Waiss on
behalf of Lakeland East, LLC, requesting preliminary plat approval for a seven
lot single-family residential subdivision known as Lakeland Area 9; and
WHEREAS, said request referred to above was referred to the Hearing
Examiner for study and public hearing thereon; and
WHEREAS, pursuant to staff review, the Hearing Examiner conducted a
public hearing to consider said application in the Council Chambers of the
Auburn City Hall on July 18, 2007, of which the Hearing Examiner
recommended approval of the preliminary plat; and
WHEREAS, at its regular meeting of August 20, 2007, the City Council
considered the Hearing Examiner's recommendations and the material
presented to the Hearing Examiner after which the Council voted to approve
Application No. PLT06-0006 with the eight conditions recommended by staff as
well as the three additional conditions recommended by the Hearing Examiner.
----------------------------
Resolution No. 4227
August 20, 2007
Page 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The following Findings and Conclusions are herewith
approved and incorporated in this Resolution.
Section 2. The request for preliminary plat approval for a seven lot
Single-Family Residential subdivision known as Lakeland Area 9 within the City
of Auburn, legally described in Exhibit "A" attached hereto and incorporated
herein by this reference, is hereby approved subject to the following conditions:
1. Proposed Conditions, Covenants and Restrictions (CC&Rs) for the future
Homeowners' Association (if one is to be created) shall be submitted for
review and approval by the City prior to final plat approval. All tracts not
dedicated to the City of Auburn shall be maintained by the future
Homeowners' Association and identified in the CC&Rs.
2. In order to ensure the accurate placement of the home/structure(s) in
relationship to the setbacks required from property lines, easements or
other similar features associated with a lot, the City's Building Official
may require that all applicable corners of the structure be surveyed and
staked prior to the pouring of footings or foundations.
3. The final plat drawing shall include addresses for each lot as assigned by
the City.
Resolution No. 4227
August 20, 2007
Page 2
4. Approval of the proposed preliminary Plat is conditioned upon the
approval of the requested Major Amendment to the Lakeland Hills South
Planned Unit Development Final Development Plan.
5. The subject proposed preliminary plat application was submitted to the
city prior to approval of the adjacent final plat of North Tapps Estates
located to the west and south. The final configuration of the adjacent
plat was therefore not known at the time of application, since this
proposed plat relies on this adjacent plat for access and utilities, a
revised plat drawing of Lakeland Area 9 shall be submitted showing the
relationship of this preliminary plat to the final configuration and street
name of North Tapps Estates.
6. The proposed plat development will increase the proximity of human
activity and potential disturbance to the adjacent open space, wetland
and wetland mitigation area. To ensure clear identification of the
property boundary and to minimize intrusion, prior to final plat the
applicant shall be responsible to install or financially guarantee the
installation of uniform fencing along the northeastern boundary of the
site. The type of fence construction shall. be reviewed and approved
prior to implementation by the Directors of Parks, Arts and Recreation
and Planning, Building and Community Department or their designees.
7. The proponent shall provide the City with an access easement for the
plat's private storm drainage facilities. The easement shall be shown on
the final plat.
8. The applicant shall submit a legal instrument setting forth a plan or
manner of permanent maintenance, inspection and operation of the
Resolution No. 4227
August 20, 2007
Page 3
private stormwater management system. All operation and maintenance
of the private stormwater system shall be the responsibility of the
property owners within the plat. The instrument shall further provide that
the City may perform stormwater system maintenance at the expense of
the property owners if the owners fail to perform needed maintenance
within a reasonable time as specified by the City. Additionally, the
obligation to maintain the stormwater system shall be an obligation
binding on the owners of the lots of the plat and City maintenance efforts
may be enforced by liens on the lots of the plat, and the obligation for
such maintenance shall be stated on the face of the plat, and shall be
binding of the owners of the lots of the plat shall and their heirs, assigns
and successors in interest. The instrument shall be reviewed and
approved by the City Engineer prior to final plat approval.
9. Fire hydrants shall be located within 150 feet of every dwelling as
required by ACC 15.36A.031.
10. stormwater conveyance and detention shall be designed and
constructed as outlined in the Preliminary Storm Drainage Report for
Lakeland Area 9 (Exhibit 12).
11.The financial security provided by Lake Tapps Estates for its
improvements shall not be used to pay for damage caused by
improvement work for the subject subdivision.
Section 3. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Resolution No. 4227
August 20, 2007
Page 4
Section 4. This Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of , 2007.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
niel B. ,
City Attorney
Resolution No. 4227
August 20, 2007
Page 5
LEGAL DESCRIPYION
THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5
EAST OF W.M., IN PIERCE COUNTY, WASHINGTON, LYING SOUTHERLY AND WESTERLY
OF THE FOIlOIMNG DESCRIBED tJNE
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE
NORTH 03ro5'14" EAST 468.44 FEET ALONG 1HE WEST LINE OF SAID SUBDIVISION
TO THE POINT OF BEGINNING; THENCE SOUTH 45 54'00' EAST 19293 FEET; THENCE
SOUTH 15'16'27" EAST 119.38 FEET; THENCE SOUTH 12'17'54" EAST 179.43 FEET
TO THE NORTHERLY LINE OF LAKE TAPPS PARKWAY RIGHT-OF-WAY; THENCE NORTH
899'19" EAST ALONG SAID NORTHERLY LINE 101.63 FEET 70 THE EAST LINE OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SAID SECTION, BEING THE TERMINUS OF THIS LINE
DESCRIPTION.
EXCEPT THAT PORTION CONVEYEQ~TO PIERCE COUNTY FOR ADDITIONAL RIGHT OF WAY
FOR LAKE TAPPS PARKWAY £AST AND 'MINING ACCESS RAMP," BY DEED RECORDED
UNDER AUDITOR'S N0. 970312017E
,~
CITY OF
AUBURN
} WASHINGTON
mama:t _~_
Plumlaer of Pages
Peter B. Lewis, Mayo
25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3001
FINAL
DETERMINATION OF NON-SIGNIFICANCE AND
ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENT
SEPO7-0002
Description of current proposal: Subdivision of a 1.48-acre parcel into seven single family
residential lots. An approximately 200-foot length of private street tract will be constructed to
provide access to six of the lots. The remaining lot will access to 176' Avenue East (a.k.a
Charlotte Avenue SE). The proposed action includes the grading of approximately 4,000 cubic
yards of excavated site soils and installation of water, sewer, storm and other utilities to serve
the individual (ots.
Proponent: Martin D. Wails, Lakeland East, LLC
Lead Agency: City of Auburn, Department of Planning, Building and Community
Location of current proposal: The 1.48-acre site lies at the north east corner of Lake Tapps
Parkway and 176' Avenue East (Charlotte Avenue SE) (to be dedicated). The site is located
in the SE quarter of the NE quarter of Section 5, Township 20 North Range 5 East, W.M.
Title of documents being adopted:
Draft Environmental Impact Statement (E!S) for the Lakeland Hills Proposed Residential
Community, City of Auburn, May 1980.
Final Environmental Impact Statement (El S) for the. Lakeland Hills Proposed Residential
Community, City of Auburn, October 1981.
Draft Environmental Impact Statement (El S) for the Lakeland Hills South Mining and
Reclamation Plan and Planned Community Development, Pierce County Planning and Land
Services, July 1991
Final Supplemental Environmental Impact Statement for the Lakeland Hills South Mining and
Reclamation Plan and Planned Community Development, Pierce County Planning and Land
Services, July 1992.
Agency that prepared document being adopted: The first two documents were prepared by
the City of Auburn Department of Planning and Community Development, 25 West Main Street,
Auburn WA 98001-4998.
The latter two documents were prepared by the Pierce County Department of Planning and
Land Services, 2401 South 35~'' Street, Tacoma WA 98409-7460.
Date adopted document was prepared: The first set of EIS documents were prepared in
May 1980 and October 1981. The second set of EIS documents were prepared in July 1991
and July 1992. Several addendums to the EIS's have been subsequently issued by the City of
Auburn based on the greater specification of subsequent development proposals.
Description of document (or portion) being adopted: The documents being adopted in their
entirety consist of a Draft and Final Environmental Impact Statement for the Draft
Environmental Impact Statement (EIS) for the Lakeland Hills Proposed Residential Community.
The proposed action evaluated in this EIS is a Comprehensive Plan Amendment, rezone and
other approvals for the conversion of approximately 443 acres from vacant -land to low and
medium density residential and commercial uses. The proposal would result in 1,420 new
single-family dwelling units and 1,056 new multiple family dwelling units and 22 acres of
commercial property within the City of Auburn. Associated with the proposed action is the
possible future development of adjacent land within the City of Pacific and Pierce County.
While the EIS assesses the potential impacts of future development outside Auburn in adjacent
jurisdictions, it acknowledges that supplemental impact statements for the such future
development may be necessary.
Also, the documents being adopted in their entirety consist of a Draft and Finaf Supplemental
Environmental Impact Statement for the Lakeland Hills South Mining and Reclamation Plan and
Planned Community Development.
The proposed Action evaluated in this EIS involves approval ~by Pierce County of a General Use
Planned Development District fora 685-acre site. The proponent seeks to develop a planned
residential community on a 685-acre site over a 15-year period. A topsoil and gravel mining
operation on approximately 250 acres of the site would be conducted concurrently with the
initial phases of the development. A mixed use planned community would be developed in
conjunction with a reclamation plan for the mining operation. Development would be
implemented in phases beginning approximately in 1992 or 1993 and would include:
o Mining of approximately seven million cubic yards of gravel and topsoil over a ten year
period;
o Phased construction of approximately 1,092 single family residential units and 2,316
multi-family units;
o Phased construction of approximately 191,000 square feet of commercial space;
o Set aside of approximately 167 acres of parks and open space; and
o Set aside of approximately 20 acres of community facilities including a school site.
If the documents being adopted have been challenged (WAC 197-11-630), please
describe: The EIS documents have not been challenged.
The documents are available to be reviewed at: Auburn City Hall, Department of Planning,
Building and Community, 25 West Main, Auburn, WA 98001-4998 during regular business
hours.
The lead agency for this proposal has determined that it does not have a probable significant
adverse impact on the environment. An environmental Impact Statement (EIS) is not required
under RCW 43.21 C.030(2)(c). This decision was made after review of a completed
environmental checklist and other information on file with the lead agency. This information is
available to the public up request.
The City has identified and adopted this document as being appropriate for this proposal
after independent review. The document meets our environmental review needs for the
current proposal and will accompany the proposal to the decision maker.
Name of agency adopting document: City of Auburn
Contact person, if other than responsible official: Jeff Dixon, Senior Planner
Telephone Number: - (253) 931-5033
Responsible Official: Michael Davolio, AICP
Telephone Number: (253) 931-3090
Position/title: Director of Planning, Building and Community
Address: Auburn City Hall, Department of Planning
Building and Commuryr{' !~-2-5 ~West ain,
Auburn, WA 98Qp1~4~~
Date: April 11, 2007 Signature:
Any person aggrieved of this final determination may file an a~peal with the Auburn City Clerk
within 21 days of the date of issuance of this notice. All appeals of the above determination
must be filed by 5:00 P.M. on May 2, 2007 with required fee.
(~. i Q~ - C~cx~:~
Exhibit
* ~ Nnm ber of Pages
CITY OF *_
~U$U
'` wASHltvc-roN planning, Building, and Cofnmunity Department
MASTER LAND USE APPLICATION -PLANNING APPLICATIONS
Project Name Area 9 Date October 5, 2006
Parcel No(s) 052005-1-036 Site Address 1700 Lake Taps Parkway East.
Legal Description (attached separate sheet if necessary) See attached.
Applicant
Name: Lakeland East, LLC Attn: Marty Waiss
Mailing Address: 1302 Puyatlup Street, Sumner, Washington 98390
Telephone and Fax: TEL (253) 826-5378 FAX (253} 826-5379
Ema11: mwaiss@investco.net
Si nature:
Owner (if more than one attach another sheet)
Name: Lakeland East, LLC Attn: Martv Waiss
Mailing Address: 1302 Puyallup Street, Sumner, Washington 98390
Telephone and Fax: TEL (253) 826-5378 FAX (253} 826-5379
Email: mwaiss@investco.net
Si ature:
Engineer/Architecture/Other
Name: Apex Engineering PLLC Attn: Jeffrey D. Mann
Mailing Address: 2601 South 35th Street, Suite 200. Tacoma, Washington 98409
Telephone and Fax: TEL (253) 473-4494 FAX (253) 473-0599
Email: mann@apexengineering.net
Description of Proposed Action:
T e of A lication Re uired Check all that A I
Administrative Appeal* Short Plat
Administrative Use Permit* Special Exception*
Annexation Special Home Occupation Permit*
Boundary Line Adjustment Substantial Shoreline Development*
Comprehensive Plan Amendment (Text or Map)* Surface Mining Permit*
Conditional Use Permit* Temporary Use Permit
Critical Areas Variance* Variance*
Development Agreement*
Environmental Review (SEPA)* *P}ease note that public notification is
Final Plat required. A separate cost is charged
x Preliminary Plat* for the signs. City prepares signs but
PUD Site Plan Approval applicant responsible for sign posting.
Rezone (sites ecific)*
Page 1 of 2
AUBURN ~ MORE THAN YOU IMAGINED
CITY OF _._
AUBURN
WASHINGTON
Planning, Building, and Community Department
LETTER FROM PROPERT OWNER GRANTING AUTHORIZATION TO ACT
(A copy of this letter must be submitted for each property owner involved)
I, Martin D. Waiss, President of Investco Financial Corporation,
a Washington corporation, Manager of Lakeland East, LLC, a Washington Limited
Liability Company, being duly sworn declare that I am the owner of the property
Involved in the application. I hereby grant Jeffrey D. Mann of Apex Engineering, PLLC
to act on my behalf. I further declare that all statements, answers, and information herein
submitted is in all respects true and correct to the best of my knowledge and belief.
,~
~~
Signature
1302 Puyallup Street
Date
Sumner, Washington 98390
Address
Subscribed and sworn to before me this day of ~(~`~C~41~.~ t ~-~J~LP
Notary Public in and for the State of Washington, ~\~~C~ ~ ~y~~~
Residing at
~~aECi V~~e,hy-
RAE A. NOEHL
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
SEPTEMBER 9. 2010
Page 2 of 2
AUBURN ~ MORE THAN YOU IMAGINED
Project Description
The proposed project is located within the Lakeland Hills PUD. The client is proposing to
take the 1.42 acre parcel (052005-1-036) and create 7 single family lots. Access will be
off of 176`h Ave East from preliminary plat North Tapps Estates by a private street tract
with a square footage of 8,938. The minimum lot area is 6,598 SF and the average lot size
is 7,559 SF. Water will be provided by the City of Bonney Lake, sewer by City of
Auburn.
Exhibit
Number of Pages
PRELIMINARY PLAT APPLICATION
..............................................................................................................................................:.....................
L cc+t,~.`a n c~, ~ ~. s ~, ~..LC 1~~- ~T 06 - C~ O C~,C
PROPERTY OWNER'S NAME APPLICATION NUMBER
Sec. Twp. Rng.
Zone Existing
Staff Project Coordinator:
Area Code
Scheduled Hearing
Date Received
DO NOT WRITE OR TYPE ABOVE THIS LINET
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: Lakeland Area 9
Total area of subdivision: Acres: 1-42
Total number of lots: ~
Total number of dwelling units: ~
Proposed zoning: PttD
Existing zoning: PRD
Proposed land use: Residential
Minimum size of lot as shown on plat:. 6,598
Minimum lot width as shown on plat: 60
Minimum lot depth as shown on plat: 1~1
Proposed source of domestic water supply:
City of Bonney Lake
Proposed sewage disposal system:
City of Auburn.
Prekiminary Plat
Revised 8127/2004
Sq. Ft.: _61,855
Page 4 of 6
sq. ft.
feet
feet
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)
0520052039 Lakeland East, LLC
Attn: Marty Waiss
1302 Puyallup Street
Sumner, WA 98390
(253) 863 - 6200
DESIGNATED CONTACT PERSON:
Name: Apex Engineering PLLC Attn: Jeff Mann
Address: 2601 South 35th Street, Suite 200
City: Tacoma, WA 98409
Phone: (253) 473 - 4494
Preliminary Plat
Revised &272D04
Page 5 of 6
LEGAL DESCRIPTION OF PROPERTY
See attached.
FEE PAYMENT: $1,030.00 and $52.00 per lot plus $721.00 for Environmental Checklist
T.R. #:
DATE RECEIVED:
CASHIER'S INITIALS:
Preliminary Plat Page 6 of 6
Revised 8127/2004
LEGAL DESCRIPTION
THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF 1HE SOU ~~ 5
QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH,
EAST OF W.M., IN PIERCE COUNTY, WASHINGTON, LYING SOUTHERLY AND WESTERLY
OF THE FOl1.OWlNG DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE
NORTH 03 05'14" EAST 468.44 FEET ALONG THE WEST UNE OF SAID SUBDIVISION
TO THE POINT OF BEGtNN(NG; THENCE SOUTH 45 54'00' EAST 19293 FEET; THENCE
SOUTH 15'f 6'27" EAST 119.38 FEET; THENCE SOUTH 12'17'54" EAST 179.43 FEET
TO THE NORTHERLY UNE OF LAKE TAPPS PARKWAY RIGHT-OF-WAY; THENCE NORTH
8909'19" EAST ALONG SAID NORTHERLY UNE 10f.63 FEET TO THE EAST UNE OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SAID SECTION, BEING THE TERMINUS OF THIS UNE
DESCRIPTION.
EXCEPT THAT PORTION CONVEYEQ =TO PIERCE COUNTY FOR ADDITIONAL RIGHT OF WAY
FOR LAKE TAPPS PARKWAY EAST AND "MINING ACCESS RAMP," BY DEED RECORDED
UNDER AUDITOR'S N0. 9703120171.
M24TT~~W/ L. SVV~~IVL1'
f~lforney of Law
P.O. Box 7935
Tacoma, Washington 98406-0935
(253) 565-1728
FAX 565-0968
July 11, 2007
Steve Pilcher, Development Services Coordinator
City of Auburn
25 W Main St,
Auburn, WA, 98001
RE: Application No. PLT06-0006
Six Lot Preliminary Plat
Dear Mr. Pilcher:
~x6ibit
Number of Pa~e~
~~ Y
~11~ .~ ~ ?Q(7~
Pf.Ai1f NFN(; DEPgRTMEN
Thank you for the opportunity to comment on this proposed six lot preliminary plat..As
you know, I represent North Tapps Estates and Prium Development Company, the
developer of the residential subdivision North Tapps Estates. The proposed plat will
access off of one of the plat roads that my client constructed and will be finishing and
dedicating to the City in the near future. At the time of dedication, my client will be
required to post financial guarantees to ensure the integrity of the constructed
improvements for at least a year.
We have no objection to the proposed subdivision but want to go on record that my client
will not be responsible for any damage to the plat improvements of the North Tapps
Estates plat caused by the development of the 6 lots. The existing street as constructed
made no provision for the private road extension that will be constructed to serve the 6
lots. The developer of the proposed plat will have to tear up portions of the curbing and
sidewalk my client constructed to create an access point for the private road. Utility
trenching for sewer and water lines will be needed for the plat and during the plat build
out and the developer will have to move heavy equipment over the existing street to
access the site.
So long as it is understood that the financial guarantees posted by my client do not insure
against damage to my client's plat improvements resulting from the construction of the
proposed project, we have no objection to the project as proposed.
Y~ sjncerel -
/~~ _ _
,,
Matth L. Se~iey
A rney for North Tapps Estates/Prium Development
MLS:ms
ilia
Numtka~~ ®ff P~~e~
New Additional Finding of Fact:
X. Management of stormwater runoff for the seven (7) lot subdivision and private
road system is proposed to be accomplished using a private storm drainage
system. Due to the proposed private storm drainage facilities, there is a need to
ensure the continued maintenance of the private storm drainage system for long
term water quality and quantity control and avoid adverse impacts off-site and
downstream. It is expected that initially, this maintenance will be performed by the
plat developer and eventually by the plat's Home Owner's Organization (HOA).
New Additional Conditions:
X. The proponent shall provide the City with an access easement for the plat's
private storm drainage facilities. The easement shall be shown on the final plat.
X. The applicant shall submit legal instrument setting forth a plan or manner of
permanent maintenance, inspection and operation of the private stormwater
management system. All operation and maintenance of the private stormwater
system shall be the responsibility of the property owners within the plat. The
instrument shall further provide that the City may perform stormwater system
maintenance at the expense of the property owners if the owners fail to perform
needed maintenance within a reasonable time as specified by the City. Additionally,
the obligation to maintain the stormwater system shall be an obligation binding on
the owners of the lots of the plat and City maintenance efforts may be enforced by
liens on the lots of the plat, and the obligation for such maintenance shall be stated
on the face of the plat, and shall be binding on the owners of the lots of the plat and
their heirs, assigns and successors in interest. The instrument shall be reviewed
and approved by the City Engineer prior to final plat approval.
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Ezbibit
Number of Pages
BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
Phil Olbrechts, Hearing Examiner
RE: Lakeland East LLC
FINDINGS OF FACT, CONCLUSIONS
Preliminary Plat OF LAW AND RECOMMENDATION
PLT06-0006
INTRODUCTION
The applicants have applied for preliminary plat approval of a seven-lot residential
subdivision of 1.48 acres. The Examiner recommends approval of the preliminary
plat.
ORAL TESTIMONY
Jeff Dixon with the City's Planning Department introduced and summarized the staff
report. He noted that the application is for a subdivision of a 1.4-acre site into seven
lots and an access and utility tract. This tract will be approximately 8,900 square feet,
and the seven lots will be an average 7,559 square feet in size, with the smallest lot
being 6,598 square feet. Proposed development is consistent with Single Family
Residential 5, which allows 2-14 units per acre in the Lakeland Hill South PUD area.
Bordering the site to the north and east are publicly dedicated lands consisting of
open areas and wetlands. Lake Tapps Parkway is to the south, and Charlotte Avenue
(labeled 176th Ave E. on the preliminary plat, Exhibit 9) is to the west of the site.
Access to the subdivision will be via publicly dedicated streets in the North Tapps
Estates development.
Tim Carlisle, City Storm Drainage Engineer, testified that the City's design standards
and code do not adequately address long-term maintenance of private storm-drainage
systems. Mr. Carlisle submitted Exhibit 16 as proposed conditions to ensure
maintenance of the private storm system on the proposed project.
Responding to the Hearing Examiner inquiry, staff confirmed that the Fire
Department had approved the "hammer-head" turnaround proposed for the
subdivision.
Shawn Martin, representing the applicants, testified that the applicants had no
concern or comment to the staff report, including all conditions, as presented and
reported.
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Matthew Sweeney, attorney for North Tapps Estates, LLC, testified that his client
wanted the record to reflect that although it did not object to any of the conditions, the
development of the subdivision as proposed would require damage of street
improvements made and dedicated to the City by North Tapps. Because these
improvements were conditions of approval of North Tapps and they were bonded,
North Tapps is concerned that it will be held responsible for damages thereto caused
by the instant development.
Staff responded that the street in question has been publicly dedicated; therefore, the
City can require the instant development to connect to the street. The City would not
look at North Tapps as the bonded and dedicating party for damages caused by others
subsequent to public dedication.
EXHIBITS
The Exhibits listed on page 9 of the staff report dated July 13, 2007 are admitted into
the record. In addition, Exhibit 16 was admitted during the hearing. Exhibit 16
contains one additional Finding of Fact and two additional conditions recommended
by staff to address stormwater facility maintenance.
FINDINGS OF FACT
Procedural:
1. Applicant. The applicant is Lakeland East, LLC.
2. H arin~. The Hearing Examiner conducted a hearing on the application at
5:30 p.m. at Auburn City Hall in the Council Chambers on July 18, 2007.
Substantive:
3. Site/Proposal Description. The applicants request approval of a seven-lot
residential preliminary plat of 1.48 acres. The plat includes construction of an
approximately 200-foot private street to provide access to six of the lots. The
remaining lot will access Charlotte Avenue S.E., a public street bordering the plat.
Lots will average 7,559 square feet in size, with the smallest at 6,598 square feet.
The density will be 4.7 dwelling units per acre. The site is currently vacant and
predominantly covered by native forest. The site is bordered to the south by the Lake
Tapps Parkway, a principal arterial of the City. The site is located in the Lakeland
Hills South Planned Unit Development ("Lakeland Hills S. PUD"). Approval of the
preliminary plat is contingent upon the approval of a Major Amendment to the
Lakeland Hills South PUD Development Plan, because under the original
Development Plan, only five dwelling units for the site are allowed.
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4. Characteristics of the Area. The project site is bounded by North Tapps
Estates, asingle-family residential subdivision, to the south and west and City-owned
open space and a wetland mitigation area to the north and east.
5. Adverse Impacts. As discussed under Finding of Fact No. 6 below, the
infrastructural needs of the project are met by staff-recommended conditions of
approval. Beyond infrastructural needs, the project creates no appreciable adverse
impacts. The project is consistent and compatible with adjoining residential
development. No state or federal threatened or endangered animal or plant species or
animal habitat are on the site. No critical areas or critical area buffers are on the site.
The developer of the North Tapps Estates expressed concern that he would be
responsible for damage to North Tapps improvements created by construction of
access to the subject subdivision. Staff testified that they would not use the financial
guarantees of North Tapps to repair any damages created in constructing
improvements to the subject subdivision. The subject preliminary plat will be
conditioned to prohibit use of those guarantees as well.
6. Adequacy of Infrastructure and Public Services. The applicants have
acquired a water certificate from the City of Bonney Lake to serve all seven lots.
Sewer and police protection will be provided by the City of Auburn. Fire protection
will be provided by the Valley Regional Fire Authority. According to staff, the
proposed internal roads comply with City of Auburn street design standards. Staff
has apparently determined that sidewalks are not necessary for the plat because no
one would have to traverse more than two lot widths to get to the sidewalk on
Charlotte Street. No off-site road improvements will be necessary, other than some
road improvements to five-to-fifteen feet of Tract S of the adjoining North Tapps.
development. The applicants will also pay traffic impact fees to pay for their share of
City-wide transportation improvements. Impact fees will be paid for school and fire
facilities. The staff report states that the site is served by adequate schools. Power
will be provided by Puget Sound Energy. At the hearing, staff added a couple of
conditions to their recommendations to ensure adequacy of stormwater maintenance.
The project will be conditioned upon compliance with the proposed stormwater
detention and conveyance system outlined in the preliminary storm drainage report
(Exhibit 12). As noted in the staff report, the City has set the threshold for park
dedications as fifty dwelling units, so the subdivision is too small by City standards to
create any addressable need for park improvements. Given these factors the proposed
plat will be served by adequate infrastructure.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ACC 17.06.030 and .050 provides the
Hearing Examiner with the authority to conduct a hearing and issue a
recommendation to the City Council on preliminary plat applications.
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Substantive:
2. Zoning Desi ng ation. Lakeland Hills South Planned Unit Development.
3. Review Criteria and Ap lication. ACC 17.06.070 governs the criteria for
preliminary plat approval. Relevant criteria are quoted below with corresponding
conclusions of law.
ACC 17.07.070(A): Adequate provisions are made for the public health, safety and
general welfare and for open spaces, drainage ways, streets, alleys, other public
ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and
school grounds.
4. As identified in Finding of Fact No. 6 above, the project is served by
adequate infrastructure and public services. As noted in Finding of Fact No. 5, as
conditioned the project will not create any significant adverse impacts. For these
reasons the criterion above is satisfied.
ACC 17.07.070(B): Conformance of the proposed subdivision to the general
purposes of the Comprehensive Plan.
5. As discussed in the staff report, the subdivision is consistent with the
Comprehensive Plan.
ACC 17.07.070(C): Conformance of the proposed subdivision to the general
purposes of any other applicable policies or plans that have been adopted by the City
Council.
6. As noted in the staff report, the project is consistent with the City's
Transportation, Sanitary Sewer, and Stormwater Utility Plans.
ACC 17.07.070(D): Conformance of the proposed subdivision to the general
purposes of the Land Division Ordinance as enumerated in ACC Section 17.02.030.
ACC 17.02.030 provides as follows:
The purpose of this title is to regulate the division of land lying within
the corporate limits of the city, and to promote the public health, safety
and general welfare and prevent or abate public nuisances in
accordance with standards established by the state and the city, and to:
A. Prevent the overcrowding of land;
B. Lessen congestion and promote safe and convenient travel by the
public on streets and highways;
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C. Promote the effective use of land;
D. Provide for adequate light and air;
E. Facilitate adequate provision for water, sewerage, drainage, parks
and recreational areas, sites for schools and school grounds, and
other public requirements;
F. Provide for proper ingress and egress;
G. Provide for the expeditious review and approval of proposed land
divisions which comply with this title, the Auburn zoning ordinance,
other city plans, policies and land use controls, and Chapter 58.17
RCW;
H. Adequately provide for the housing and commercial needs of the
citizens of the state and city;
I. Require uniform monumenting of land divisions and conveyance by
accurate legal description;
J. Implement the goals, objectives and policies of the Auburn
comprehensive plan;
K. Prevent or abate public nuisances.
7. In utilizing a private easement instead of a public street, the proposal
promotes the effective use of land by avoiding odd lot shapes with unusable space
resulting from the larger space required for a public road. As noted in the Findings of
Fact, there is adequate provision for all public infrastructures. By placing the access
point away from the intersection of Lake Tapps Parkway and Charlotte, and by
accessing onto Charlotte instead of Lake Tapps Parkway, the project lessens
congestion on a major thoroughfare, promotes safe travel, and provides proper egress
and ingress. The proposed residential use at the proposed density is consistent with
the existing residential development in the adjoining North Tapps Estates, so there is
no potential for nuisance. For these and other reasons, the proposed preliminary plat
is consistent with the purpose of the Land Division Ordinance.
ACC 17.07.070(E): 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.
8. Staff has found that the preliminary plat complies with all applicable
development standards. The most significant code compliance issue is the use of a
private road to serve the subdivision with a length that exceeds 150 feet. ACC
18.48.130(B)(2) provides that private roads may only be created through the
subdivision review process, so special attention is merited during this review. ACC
18.48.130(B)(1) authorizes private easements when it is physically impractical to
provide a lot with direct access to a public street due to unique physical limitations of
the property, including sensitive environmental areas. The odd shape of the lot, the
wetlands to the east and north, and the location of the access point all combine to
make a private road necessary. Section 10.04.4.1 of the Public Works Design
Standards prohibits access to Lake Tapps Parkway East because access is available to
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a street with a lower classification (Charlotte Ave. S.E.). The Standards also require
the access point to be located away from the intersection of Lake Tapps Parkway East
and Charlotte Ave. S.E. for safety reasons. Combined with the fact that access cannot
go through the wetlands located to the north and east, these standards leave no option
other than the proposed access point through Tract S of Lake Tapps Estates. If a
public road is used for this access, Section 10.02.5.3 of the Standards would require a
90-foot right-of-way and 75-foot-diameter paved surface. These dimensional
requirements in the middle of the triangular parcel would lead to highly irregular lot
shapes with narrow strips of unusable land surrounding the turn-around.
Consequently, the odd. shape of the lot, the wetlands, and the limited access satisfy
the ACC 18.48.130(B)(1) "physical impractical" requirement to justify a private
street.
The length of the private road must also be justified, because its 200-foot length
exceeds the 150-foot maximum set by ACC 18.48.130(B)(4), which provides that
additional length may only be allowed as follows:
"...if the unique physical limitations of property including but not limited
to steep slopes, signij~cant vegetation, or sensitive environmental areas
would be impacted less if additional length were provided. "
As previously discussed, the requirements for a public road would require a
significantly larger paved area. This added impervious surface would create more
run-off and accompanying pollutants that could adversely affect the adjoining
wetlands. For this reason the additional fifty feet is appropriate under ACC
18.48.130(B)(4).
A somewhat disturbing element to the request for added length is that it is a self-
created hardship. In the Major Development application accompanying this
application, the applicants have requested the addition of two lots to the subject
parcel, knowing that it is already unsuitable for public road access. If the subject
parcel had only five lots instead of seven, it is unlikely that the private road would
have to be 200 feet or even over 150 feet in length. This is a significant
consideration, because the private easement has no sidewalks and children walking to
a school bus stop on Charlotte Avenue or Lake Tapps Parkway East will have to walk
up to 200 feet on the traveled portion or unimproved shoulder of a relatively narrow
private road. On the other hand, the proposed lots are already at least 50°Io larger than
the lots in the adjoining Lake Tapps Estate. Reducing the number of lots from seven
to five would make the lot sizes even less compatible with those in the surrounding
development.
ACC 17.07.070(F): 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.
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9. No critical areas or critical area buffers are on the project site. All
environmental impacts were assessed as required by the Washington State
Environmental Policy Act. The SEPA responsible officer concluded that the project
does not have probable significant adverse environmental impacts and issued a
Determination of Nonsignficance (Exhibit 7) on April 11, 2007. Staff has also
recommended that the applicant construct a fence to separate the project from
wetlands on adjoining property. As mitigated, the project will not have an
unacceptable adverse effect upon the environment.
ACC 17.07.070(G): Adequate provisions are made so the preliminary plat will
prevent or abate public nuisances.
10. The proposed subdivision is for a residential use that is moderately less
dense than adjoining residential development. There is no potential for a nuisance
inherent in the proposal.
RECOMMENDATION
Based upon the application and Findings of Fact and Conclusions of Law, the
Hearing Examiner recommends approval of the preliminary plat with the conditions
recommended in the staff report, Exhibit 16, and the following additional conditions:
1. Fire hydrants shall be located within 150 feet of every dwelling as required by
ACC 15.36A.031.
2. Stormwater conveyance and detention shall be designed and constructed as
outlined in the Preliminary Storm Drainage Report for Lakeland Area 9 (Exhibit 12).
3. The financial security provided by Lake Tapps Estates for its improvements
shall not be used to pay for damage caused by improvement work for the subject
subdivision.
s+
Dated this ~r" day of ~ , 2007.
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Phil Olbrechts
City of Auburn Hearing Examiner
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