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HomeMy WebLinkAbout3892 RESOLUTION NO. 3 8 9 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A PRELIMINARY PLAT APPLICATION TO SUBDIVIDE 40.86 ACRES INTO 107 LOTS FOR FUTURE SINGLE-FAMILY DEVELOPMENT, OPEN SPACE, AND A STORM WATER TRACT WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. PL T04-0007, dated July 22, 2005" has been submitted to the City of Auburn, Washington, by P.J. Datillo of Cornerstone Homes, requesting approval of a preliminary plat application to subdivide 40.86 acres into 107 lots for future single-family development, open space, and a storm water tract within the City of Auburn, Washington; and WHEREAS, said request above referred to was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on July 19, 2005, of which the Hearing Examiner recommended approval of the preliminary plat on August 2, 2005; and WHEREAS, the City Council, on August 15, 2005, considered said request and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the following Findings of Fact and Conclusions, to-wit: Resolution No. 3892 August 9, 2005 Page 1 FINDINGS OF FACT 1. The Applicant requests approval of a preliminary plat application to subdivide 40.86 acres into 107 lots for future single-family residential development, open space, and a storm water tract. The subject property is comprised of several contiguous parcels located east of 56th Avenue South, between Iowa Drive and South 336th Street. The Applicant also requested modifications from Auburn City Code (ACC) Section 17.12.260 relating to the dedication of land for park and playground purposes and from the City of Auburn Design and Construction standards relating to maximum cul-de-sac length. Exhibit t', page 1; Testimony of Mr. Osaki; Exhibit 3, Preliminary Plat Map; Exhibit 15, MONS. 2. The preliminary plat is requested in conjunction with an application for rezone approval to change the subject property's current Single-Family Residential RS zoning designation to Single-Family Residential R2 (City file no. REZ04-005). The requested rezone would reduce the minimum required lot size. Approval of the plat would be conditioned upon approval of the requested rezone by the Auburn City Council. Exhibit 1, page 2; Testimony of Mr. Osaki. 3. The subject property has two zoning designations. If the rezone is approved, the upland area to the west is zoned Single-Family Residential (R2). The eastern portion of the site, which contains steep slopes classified as landslide hazard areas, has a zoning designation of Heavy Commercial (C3). In addition to the steep slopes, the site contains wetlands and a stream runs adjacent to the southern plat boundary. The proposed single-family residential lots would be situated on the residentially zoned portion of the site. The commercially zoned portion of the site would be used for stormwater management and retained as open space. Exhibit 1, page 2; Exhibit 16, Staff Evaluation of Environmental Checklist; Testimony of Mr. Osaki. The subject property contains areas with three Comprehensive Plan Land Use designations: "Single Family Residential," "Heavy Commercial," and "Open Space." Exhibit 1, page 6. 4. The subject property is elevated several hundred feet above the Auburn Valley and is bounded on three sides by the steep slopes. It is located at the western edge of the Auburn City limits, abutting unincorporated King County to the north, south, and west and the City of Algona to the southeast. Access to the plat would be from the west, through unincorporated King County. 'Note: All exhibits referenced herein are exhibits attached to the Hearing Examiner's Findings of Fact and Conclusions, which exhibits are incorporated herein. Resolution No. 3892 August 9, 2005 Page 2 Properties east of the site are within the City of Auburn. Some are open space and some are commercially zoned and developed. Properties north and south of the site are vacant with King County urban residential low density zoning and land use designations. West of the site, properties have King County urban residential medium density zoning and land use designations and are developed with scattered single-family residences. Exhibit 1, page 2. Some off-site transportation improvements and portions of proposed wetland mitigation would be constructed off site west of 56th Avenue South within unincorporated King County. Exhibit 15, June 7, 2005 Mitigated Oetermination of Non-Significance (MONS); Exhibit 23. 5. The proposed action would include site preparation and construction of a 107 lot single-family subdivision. The proposal would be constructed in one phase and would involve substantial clearing and grading, street improvements, utilities, and wetlandlstream mitigation measures. Construction of portions of the proposed utilities would disturb the steep slopes, wetlands, and stream buffer on site, requiring mitigation. Exhibit 15, June 7, 2005 MONS. 6. The preliminary plat application was reviewed for compliance with R2 zoning standards. The intent of the R2 zoning district is to create an optimum environment for single-family dwellings, in part, through limiting development to relatively low degrees of density. Auburn City Code (ACC) 18.14.010. Single- family residential development is a permitted use in the R2 district. The R2 district requires a minimum lot size of 6,000 square feet and a minimum lot width of sixty feet. The maximum allowed impervious surface coverage is thirty- five percent. Minimum structural setbacks are twenty feet from front lot lines, five feet from side lot lines, and twenty-five feet from rear lot lines. ACC 18.14.040. 7. The smallest proposed lot would be 6,000 square feet, while the largest would be 15,596 square feet, with an average lot size of 7,457 square feet. Exhibit 3, Preliminary Plat Map. The proposed homes, designed to capture views of the Auburn Valley and Mount Rainier, would range from 2,600 to 3,500 square feet in size and would be priced in the upper middle-income price range. Exhibit 38, Access Plan; Exhibit 3, September 29, 2004 Cul-de-sac Modification Request. According to City Planning Staff, not all of the proposed lots satisfy minimum lot dimension requirements or show appropriate building envelopes on the plat map. Approval would be conditioned on all lots conforming to the development standards of the underlying zoning district, including structural setbacks. Exhibit 1, page 3. Resolution No. 3892 August9,2005 Page 3 8. Primary access to the project would be from 56th Avenue South, within the City of Auburn, via South 340th Street, within unincorporated King County. New internal plat roads would intersect with 56th Avenue South at five locations. A new internal loop road would provide access to lots in the northern portion of the proposed plat. Two cul-de-sacs would provide access to the lots of the southern end of the plat. A number of lots in the center of the plat would take access directly from 56th Avenue South. Exhibit 3, Preliminary Plat Map. 9. The Applicant's traffic impact analysis projects that the plat would generate 1,053 average weekday trips, including 111 PM peak hour trips. Exhibit 10a, Traffic Impact Analysis, page 5. Under the City's transportation impact fee ordinance (Ordinance 5506), the Applicant must pay a traffic impact fee of $677.71 per lot. Exhibit 10a, Traffic Impact Analysis, page 6. Payment of the traffic impact fee was imposed as a condition of approval for the Mitigated Determination of Non-Significance (MDNS) issued during the environmental review process under the State Environmental Policy Act (SEPA). Exhibit 15, MONS. 10. In addition, frontage improvements to 56th Avenue South were imposed as conditions of MDNS approval. City of Auburn half street improvements would be required between 336th Street and South 340th Street. Between South 340th Street and a point approximately 200 feet south of South 346th Street, the Applicant would be required to improve 56th Avenue South to full street standards. The Applicant would be required to construct a road connection of 56th Avenue South to South 352nd Street. Exhibit 15, MONS. 11. A number of off-site road improvements were also imposed as conditions of MDNS approval. These include improvement of South 340th Street between 56th Avenue and 51st Avenue South to King County road standards for sub collector local access streets, including but not limited to provision of a sidewalk and a twenty-four foot pavement width. The Applicant would also be required to improve South 352nd Street between 56th and 51st Avenues South to a twenty- four foot road surface. Finally, the Applicant would be required to improve a portion of the right-of-way on Military Road to improve a line of sight issue and pedestrian safety through vegetation removal, new surfacing, street lighting, and installation of a southbound left turn lane. The Applicant has applied for a right-of-way use permit to construct these improvements within King County. Exhibit 15, MONS; Exhibits 10a, 10b, and 10e; Testimony of Mr. Bishop; Exhibit 27. 12. Primary emergency vehicle access would be from South 340th Street, with secondary emergency access from South 352nd Street. The City required Resolution No. 3892 August 9, 2005 Page 4 an additional seconda~ emergency vehicle access to serve the portion of the plat north of South 340 Street. The additional secondary route would traverse 55th Avenue South and South 338th Street. The Applicant would be required to improve the additional secondary access route to King County road standards for a rural half street. Exhibit 10b, Oecember 21, 2004 Supplemental T1A. 13. City of Auburn road standards restrict the length of dead end streets, including cul-de-sacs, to 600 feet. Exhibit 1, page 3, citing Oesign and Construetion Standards Seetion 10.02.5.2. The Applicant requested approval of a modification from the required design standards. The southern end of the proposed plat is particularly limited by the presence of steep slopes to the east and south. In order to provide access to all proposed lots in the south end of the plat, the south-most cul-de-sac is proposed to be 725 feet in length. Elimination of the requested extra 125 feet in street length would reduce the number of lots in the south end of the plat by seven or eight. The Applicant asserts that a loss of eight lots would reduce the overall density below the four to six units per acre required by Comprehensive Plan policies and the requested R2 zoning designation. Exhibit 3, September 29, 2004 Cul-de-sac Modifieation Request. The City sent the request for modification from road standards to the Fire, City Utilities, and, Transportation departments for review. The Fire Department did not comment on the request, indicating no objection to the modification based on emergency vehicle access. Testimony of Mr. Osaki; Exhibit 1, page 1. 14. Parkland dedication is required for subdivisions creating fifty or more dwelling units. The City requires 6.03 acres of parkland for each 1,000 residents. Within the City, overall parkland acreage should be comprised of seventy-five percent community park space, 12.5 percent neighborhood park space, and 12.5 percent linear park space. The City of Auburn's parkland dedication policy assumes that proposed subdivisions will result in a substantial increase in demand for parkland. Using the estimate of 2.8 people per unit, the plat would be required to dedicate approximately 1.3 acres of community park and one-quarter acre each of neighborhood and linear parkland. The projected costs of the three parks is approximately $260,595.00. ACC 17.12.260; Exhibit 1, page 3; Testimony of Mr. Osaki. Development of a park within the site would reduce the buildable area by 1.6 acres. Exhibit 3, July 19, 2004 Park Modifieation Request. 15. The Parks and Recreation Chapter of the Auburn Comprehensive Plan's Policy PR-2 requires new development to contribute to the City's parks to meet the demands generated by new households. When a new subdivision does not contain an acceptable park site, the City requires payment of money in lieu of Resolution No. 3892 August 9, 2005 Page 5 land dedication. Criteria for site acceptability include environmental limitations, accessibility, and the relative ability of the site to satisfy the City's park needs than parks developed elsewhere. Exhibit 3, July 19, 2004 Park Modification Request. 16. The Applicant requested to pay fees in lieu of parkland dedication, indicating that parkland within the plat would likely be a benefit only to residents of the plat and neighbors in King County, due to lack of direct access to the plat from the City. Recreational facilities in the vicinity of the proposed plat include GSA Park and the Interurban Trail within the City of Auburn, and Five Mile Lake Park, Lake Geneva Park, and the South County Ballfields in unincorporated King County (within Federal Way's potential annexation area). As proposed, forty-one percent of land within the proposed plat would be permanently set aside as forested open space. Exhibit 3, July 19, 2004 Park Modifieation Request. The City of Auburn agreed to accept payment of half of the projected costs, or $130,297.49, in lieu of parkland dedication. This equals a per lot fee of $1,217.73, based on the proposed 107 lots. Exhibit 1, page 3; Testimony of Mr. Osaki 17. The City of Federal Way submitted comments concerning impacts to recreation areas outside of Auburn that would not be mitigated by the payment of impact fees to the City of Auburn. In response to Federal Way's concerns, the Applicant noted that the overall Jovita Heights project would include an approximately 18,000 square foot park within the Federal Way potential annexation area adjacent to the buffer of Wetland A across the street from the proposed plat. The park would include a play structure, picnic tables, and possibly a sport court. Exhibit 20, Apri/19, 2005 AHBL letter; Testimony of Ms. Klein. Upon being informed of the proposed off-site park, the City of Federal Way withdrew its concerns about unmitigated impacts. Exhibit 19; Exhibit 25. 18. The City of Auburn would provide fire protection, police protection, and sanitary sewer service. The Applicant's representative testified that the sewer extension would be stubbed out to the south end of the plat at the time 56th Avenue South is constructed. Testimony of Ms. Klein. The Lakehaven Utility District would provide domestic water and fire flow to the plat. A certificate of water availability was provided. Exhibit 34; Exhibit 35; Exhibit 1, page 4; Testimony of Mr. Osaki. 19. Stormwater runoff from the plat would be collected and treated on-site in a system designed in accordance with City of Auburn Design and Construction standards. Additional stormwater facilities related to the project, including surface water quality and quantity, conveyance systems, and collection Resolution No. 3892 August 9, 2005 Page 6 systems, located within the jurisdiction of King County would be designed according to the King County Surface Water Design Manual (KCSWDM) and the 1993 King County Road Standards. No uncontrolled water would be allowed to flow over the steep slopes at the south end of the plat. Testimony of Mr. Weber. 20. The proposed storm pond, located at the base of the on-site steep slopes, would discharge into City of Algona storm system. The City of Algona indicated that its storm drain facilities do not have capacity to serve the proposed plat. The Applicant must obtain approval from the City of Algona for stormwater conveyance improvements to provide for sufficient downstream capacity. Exhibit 15, MONS. City Planning Staff recommended that preliminary plat approval be conditioned on placement of the storm pond in a separate tract from the open space and residential tracts. Exhibit 1, page 4; Exhibit 36; Testimony of Mr. Osaki. 21. A portion of the site's proposed stormpond would be located within the Iowa Drive right-of-way that abuts the southern end of the plat. The Applicant has submitted a street vacation application to the City for the affected portion of Iowa Drive. Prior to approval of the site's stormwater management facilities, the Applicant must provide proof either that the right-of-way vacation was approved or an easement was granted to locate stormwater facilities in the right-of-way, or alternatively must redesign the stormwater facilities to occupy only privately owned land within the plat. Exhibit 1, page 4; Testimony of Mr. Osaki. 22. At least one easement granted in favor of the City of Auburn encumbers the subject property in the vicinity of South 344th Street. The City has indicated that it does not need to retain the easement; but it would be the Applicant's responsibility to see that the easement is removed. Exhibit 1, page 5. The Applicant's representative indicated that they intend to take the necessary steps to extinguish the easement. Testimony of Ms. Klein. 23. The subject property is mapped within a Class I Landslide Hazard Area per City of Auburn maps. Auburn Comprehensive Plan Policy EN-70 requires geotechnical studies of landslide hazard areas. The Applicant retained geotechnical consultants to address the issues of slope and soil stability inherent in developing the subject property. Zipper Zeman Associates (ZZA) conducted a slope stability analysis which concluded that with recommended protection measures, the project appears to be feasible from a geotechnical perspective. Historically, approximately the southern third of the site was used as a surface mine. Slope heights average approximately 300 feet and the slopes extend onto neighboring properties. Results from test pits indicate that Resolution No. 3892 AU9ust9,2005 Page 7 the soils within the proposed development area consist of dense to very dense glacial till and glacial outwash, which are both considered suitable for road and foundation construction. No evidence of recent large-scale landslides was observed. The site's soils are considered to have low susceptibility to liquefaction during seismic events. The geotechnical report recommended that development on residential lots should observe a twenty-five foot buffer from the top of all natural and construction slopes and that structures be set back a minimum of ten feet from the buffer. Exhibit 13, July 13, 2004 ZZA Geotechnieal Evaluation. Lots subject to the steep slope buffers and structural setbacks would be noted on the final plat map, as would restrictions on development within those areas. Additional lot-specific geotechnical evaluation would be required prior to construction on all lots proposed to contain rockeries or retaining walls. Exhibit 15, MONS. 24. Approximately seventeen acres encumbered by steep slopes would be left undisturbed as forested open space. A condition of MDNS approval requires the Applicant to record a native growth protection easement (NGPE) for all portions of the plat not developed with residential lots, including the storm pond and conveyance facilities. All natural slopes below buffers and proposed retaining walls must be left undisturbed, with no clearing, tree removal, grading, or construction. The language of the NGPE must be approved by the Planning and Community Development Director prior to recording. Exhibit 15, MONS. 25. There are two wetlands on-site. Wetland W is 7,194 square feet in area and is vegetated with trees, scrub, and shrub. It extends off-site to the west and is located within the 56th Avenue South right-of-way, north of South 340th Street. It drains to the south during storm events through constructed culverts and a man-made ditch. Despite its forested wetland class, Wetland W has low function and value due to its small size and disturbed nature. The second on- site wetland, Wetland X is a twenty-one foot depression that collects water located entirely within the 56th Avenue South right-of-way in the City of Auburn. It is not vegetated. Due to its small size and lack of vegetation, it has extremely low value and function. Exhibit 11, February 11,2005 Wetland and Stream Analysis report by B-twelve Assoeiates, Inc. 26. Off-site Wetland A is located west of 56th Avenue South in unincorporated King County. It is greater than one acre in area and includes forested, shrub-scrub, and emergent vegetation. It is classified as a Class II wetland under the King County Code. Stream A appears to start at the south end of Wetland A. Immediately near the wetland, the channel of Stream A is severely disturbed from dumping, two crossings, and apparent four-wheel drive vehicle use. Approximately 230 feet south of its origin, Stream A becomes Resolution No. 3892 August 9, 2005 Page 8 relatively undisturbed, flowing intermittently in a channel 1.5 to two feet in width. Although it is densely canopied with varied vegetation, Stream A is not a fish bearing stream, likely due to the extremely steep slopes to the east. Stream A drains to Jovita Creek and then to Mill Creek and is a likely candidate for future restoration. Exhibit 11, February 11, 2005 Wetland and Stream Analysis report by B-twelve Associates, Ine. 27. Development of the project would involve filling all of Wetland X and the portion of Wetland W within the 56th Avenue South right-of-way. To minimize the impacts, the road alignment would be adjusted as far to the east as possible and road improvement would be limited to the minimum road width allowed by the City. A total fill of 816.5 square feet of on-site Wetland W would be filled. An additional 844.6 square feet would be filled during the construction of Jovita Heights lots within King County, for a total impact of 1,661 square feet. Approximately 7,396 square feet of Wetland W's buffer would be filled in the construction of road improvements. As proposed, the remainder of Wetland W would be 5,554 square feet in area and would continue to provide habitat, storm water, and water quality functions. Exhibit 11, February 11, 2005 Wetland and Stream Analysis report by B-twelve Associates, Inc. 28. To compensate for the loss of on-site wetlands and associated buffer area, the Applicant proposed to permanently protect through conservation easement all portions of off-site Wetland A under its control. The conservation easement area would include those portions of wetlands and associated buffers within the South 344th and 346th Street rights-of-way that the Applicant proposes to vacate. The conservation easement would permanently prohibit development within its boundaries, which are depicted in the wetland study submitted on behalf of the Applicant by B-twelve Associates at Exhibit 12. Overall, 61,000 square feet of wetland and 12,400 square feet of wetland buffer would be permanently protected as compensation for the proposed impacts to Wetlands Wand X and the associated buffers. The conservation easement described above was made a condition of MDNS approval. Exhibit 15, MONS. 29. The plat would be served by facilities within the Federal Way School District (the District) including Lakeland Elementary, New Middle School, and Todd Beamer High School. The District submitted comments indicating that schools in the vicinity do not have capacity to serve the anticipated school-aged residents of the plat. The City of Auburn does not have an interlocal agreement to collect school impact fees on behalf of the District. However, the City code stipulates that subdivisions must make adequate provision for school sites and school grounds. ACC 17.02.030(E). The District submitted comments requesting impact fee payment based on its 2004 capital facilities plan. Exhibit Resolution No. 3892 August 9, 2005 Page 9 21. The District subsequently submitted its 2006 Capital Facilities Plan, requesting that the City adopt the plan as a sub-element of the City of Auburn Comprehensive Plan and include the Federal Way School District in the City's school impact fee ordinance. Exhibit 37, 2006 Capital Faeilities Plan. At hearing, the Applicant's representative testified that the Applicant would agree to pay a reasonable per unit impact fee at time of building permit approval to mitigate school impacts despite the lack of interlocal agreement. Testimony of Ms. Klein. A condition of preliminary plat approval would be necessary to ensure that school impacts are adequately mitigated. Testimony of Mr. Osaki; Testimony of Ms. Walker. 30. The nearest existing elementary school bus stop is located at the intersection of South 340th Street and Peasely Canyon Way, and the nearest middle and high school bus stop is at the intersection of South 340th Street and Military Road. The District requested that the Applicant be required to provide safe pedestrian access to the existing bus stops. Exhibit 21; Testimony of Ms. Walker. The proposed plat would provide sidewalks along the full length of the site's 56th Avenue South frontage. MDNS conditions require construction of sidewalks on South 340th Street from 56th to 51st Avenue South. The roadway would be improved to a twenty-four-foot pavement width, further contributing to pedestrian safety. The sidewalk ending at 51st Avenue South would connect to Military Road by an eight-foot pedestrian walkway along the shoulder of South 340th Street. Street lights would be installed on Military Road for 300-400 feet on either side of the intersection with South 340th Street. Testimony of Ms. Klein; Exhibit 15, MONS. 31. According to the King County Traffic Engineer, while the paved pedestrian path as proposed would provide an adequate walkway, pedestrian safety could be improved by including an extruded or mountable curb to separate vehicle and pedestrian traffic. Testimony of Ms. Langley; Exhibit 27; Exhibit 15, MONS; Testimony of Mr. Cheslan. 32. The Applicant has initiated discussions with the Federal Way School District about relocating the bus stops within or adjacent to the plat. Road improvements installed with the plat would create a loop connection throughout the neighborhood accessible by bus. The District indicated that it would consider relocating bus stops to the plat. Testimony of Mr. Bishop; Exhibit 28, June 1, 2005 AHBL letter; Exhibit 26, May 18, 2005 Oistrict letter. 33. Pursuant to the SEPA, the City of Auburn acted as lead agency for review of environmental impacts caused by the proposed rezone and preliminary plat. The City issued a Final MDNS on June 7, 2005 containing Resolution No. 3892 August 9, 2005 Page 10 twenty-five conditions requiring mitigating measures to reduce potential adverse impacts to a point of non-significance. No appeals were filed before the June 28, 2005 appeal deadline. The conditions of MDNS approval require the following: compliance with the geotechnical recommendations from the July 13, 2004 ZZA report; creation of a native growth protection easement for the steep slopes to be retained as open space; continued geotechnical oversight of infrastructure and residential development; control and monitoring for excavation and import of fill materials; City Engineering approval for rockeries and retaining walls to be placed on individual lots with slopes; storm drainage conveyance, detention, and water quality treatment facilities; dust and emissions controls; additional analysis of impacted wetlands; permanent protection of off-site Wetland A through recording of a protective conservation easement on each lot within Jovita Heights controlled presently or in future by the A~plicant; critical areas signage; stream enhancement; road improvements to 56t Avenue South, South 340th Street, South 352nd Street, and Military Road; provision of safe pedestrian paths between 56th Avenue South and Peasely Canyon Way, continuing to Military Road; submittal of a landscapelreforestation plan for work within the steep slope portion of the site; proof of approval from the City of Algona for stormwater conveyance facilities within that jurisdiction; submittal of additional surface water assessment for affected portions of unincorporated King County; and, financial guarantees. Exhibit 15, MONS; Testimony of Mr. Osaki. 34. The City received public comments on the proposed plat concerning speeding traffic and ~edestrian safety on South 340th Street, particularly at the intersections with 55 , 53'd, and 51st Avenues South. Public comments called for installation of traffic calming devices, reduction of the speed limit, installation of amber caution lights, separation of the pedestrian path from traffic with a curb, and installation of street lights along South 340th Street. Also, a concern was raised that the new road surfaces would exacerbate existin~ storm drainage problems between 51st and 53rd Avenues South on South 340 Street. Exhibit 17; Exhibit 22; Testimony of Mr. MeOonnel/; Testimony of Mr. Cheslan; Testimony of Mr. Evans. The King County Traffic Engineer testified that installation of traffic calming devices (e.g., signalization, traffic circles, amber caution lights) is not warranted under King County roads standards by the anticipated increase in traffic. As part of ongoing supervision of County roads, the County will assess the need for speed limit revisions after all physical changes have been made to the road, but no change is currently justified. County road standards do not require installation of street lighting on South 340th and 342nd Streets. A curb would be provided along South 340th Street's sidewalk as part of the road improvements. Anticipated traffic impacts from the development would be mitigated by the road improvements required as Resolution No. 3892 August 9, 2005 Page 11 conditions of MDNS approval, including the clearing of vegetation at the intersection with Military Road. Testimony of Ms. Langley; Exhibit 27. Addressing stormwater concerns, as a condition of MDNS approval, the Applicant must submit an assessment/evaluation of existing and anticipated future drainage conditions on all portions of roadway to be improved within King County as part of the plat. The Applicant must propose and implement appropriate mitigation measures consistent with the 2005 King County Surface Water Design Manual, which must be reviewed and approved by King County prior to final plat approval. Exhibit 15, MONS. 35. Notice of the application for preliminary plat and of the public hearing was mailed to surrounding property owners and posted on-site in accordance with City of Auburn requirements. Exhibits 4, 5, 6, 7, and 8; Testimony of Mr. Osaki. 36. The City received letters from some King County property owners concerned that the conservation easement proposed to surround off-site Wetland A, as mitigation for impacts to Wetlands Wand X, would isolate their properties and render them less valuable. Exhibits 18, 24, and 40, letters from Shahnaz and Abdul Chahim; Exhibit 39, letter from Boyd and Susan Watkins. The SEPA Responsible Official for the City determined that the impacts of future development of property in unincorporated King County would be more appropriately addressed by King County. Exhibit 15, MONS. CONCLUSIONS Jurisdiction The Hearing Examiner is granted authority to make a recommendation to the Auburn City Council on preliminary plat applications pursuant to ACC 14.03.040(A) and 17.06.050. Pursuant to ACC 17.18.010, the Hearing Examiner may recommend, and the City Council may approve, a modification of any standard or specification established in Chapter 17.12 ACC, Subdivision Improvements, upon making the findings in ACC 17.18.030. Requests for modification are processed simultaneously with the preliminary plat. Criteria for Preliminary Plat Review For a preliminary plat application to be approved, the Applicants must demonstrate the following: Resolution No. 3892 August9,2005 Page 12 1. Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and school grounds; 2. Conformance of the proposed subdivision to the general purposes of the comprehensive plan; 3. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans which have been adopted by the city council; 4. Conformance of the proposed subdivision to the general purposes of this title, as enumerated in ACC 17.02.030; 5. Conformance of the proposed subdivision to the Auburn zoning ordinance and any other applicable planning or engineering standards and specifications as adopted by the city, or as modified and approved as part of a PUD pursuant to Chapter 18.69 ACC; 6. The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment; 7. Adequate provisions are made so that the preliminary plat will prevent or abate public nuisances. ACC 17.06.070. Criteria for Modifications to Plat Standards A. Such modification is necessary because of special circumstances related to the size, shape, topography, location or surroundings of the subject property, to provide the owner with development rights and privileges permitted to other properties in the vicinity and in the zoning district in which the subject property is located. B. That, because of such special circumstances, the development of the property in strict conformity with the provisions of this title will not allow a reasonable and harmonious use of the property. C. That the modification, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the property is located. Resolution No. 3892 August9,2005 Page 13 D. Such modification will not be materially detrimental to the implementation of the policies and objectives of the comprehensive land use, circulation and utility plans of the City. E. Literal interpretation of the provIsions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. F. The approval of the modification will be consistent with the purpose of this title. G. The modification cannot lessen the requirements of the zoning ordinance. Any such modification must be processed as a variance pursuant to ACC 18.70.010. ACC 17.18.030. Conclusions Based on Findinas 1. Adequate provisions are made for the public health, safety and general welfare, and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, and school grounds. Conditions of approval would ensure that the preliminary plat is only approved upon City Council approval of the requested rezone of the residential portion of the subject property to R2. Assuming rezone approval, conditions of approval would ensure that the subdivision would result in 107 new residential lots that would meet or exceed R2 zoning requirements. Design of each residential lot would accommodate and protect on-site slopes, including installation stormwater conveyance facilities down the slopes to a storm pond in the eastern, commercially zoned portion of the site. The project would permanently protect seventeen acres of open space including on-site slopes and associated buffers in a native growth protection easement to be dedicated to the City. The Lakehaven Utility District would provide potable water and fire flow. Police and fire protection and sanitary sewer service would be provided by the City of Auburn. New internal plat roads and 56th Avenue South would be improved to City of Auburn road standards. Road facilities within unincorporated King County, including portions of South 338th, 340th, and 352nd Streets and 51st and 55th Avenues South, would be improved to King County Road Standards. Adequate emergency vehicle access would be provided. Conditions of plat approval would ensure that the Applicant provides utilities connection to each lot and that the sanitary sewer extension stubs out at the south end of road improvements on 56th Avenue South. Storm water would be collected and conveyed down the slopes to an on-site storm pond designed in compliance with City of Auburn standards. Downstream facilities within the City of Algona would be improved to provide adequate capacity for the increased Resolution No. 3892 August 9, 2005 Page 14 runoff caused by the plat. School aged residents of the subdivision would attend Federal Way School District schools. Conditions of approval would ensure that safe pedestrian paths are provided between the plat and the existing bus stops at the intersections of Peasely Canyon Road and Military Road with South 340th Street. A condition of approval would ensure that the paved pedestrian path between the sidewalk end at 51st Avenue South and Military Road would include an extruded or mountable curb to enhance pedestrian safety. The Applicant has agreed to pay reasonable school impact fees in an amount to be negotiated between the Applicant and the District determined according to the methodology described in the Federal Way Public Schools 2006 Capital Facilities Plan. Findings Nos. 2-8, 12, 18-24, 29-32, 34, and 36. 2. The subdivision would conform to the general purposes of the City of Auburn Comprehensive Plan. The subdivision would be consistent with the Comprehensive Plan's residential land use designation for the site. Findings Nos. 3, 6, and 7. 3. With conditions of approval, the project would conform to the subdivision title of the Auburn City Code, the zoning ordinance, and all other applicable policies or plans adopted by the Auburn City Council. As conditioned, the subdivision would be consistent with the purposes and regulations of the subdivision title, with the City's design and construction standards, and with applicable Critical Areas provisions. Findings Nos. 6-12 and 23-28. 4. With conditions, potential environmental impacts of the proposed subdivision would be mitigated. Compliance with the conditions of approval of the City's MDNS will ensure that adverse impacts are mitigated to a point of non-significance. Findings Nos. 23-28 and 33. 5. The subdivision will not create or contribute to public nuisances. Conditions of MDNS approval require the Applicant to submit an analysis of drainage impacts caused by the proposed road improvements within unincorporated King County and to mitigate drainage problems in accordance with King County requirements. Findings Nos. 33 and 34. 6. The requested modification to parkland dedication requirements of ACC 17.12 should be approved. The site is significantly isolated by its topography. No direct access into the plat from the City of Auburn is possible. Parkland dedicated within the plat would only be effectively available to residents of the plat and neighbors in King County. The plat would provide Resolution No. 3892 August 9, 2005 Page 15 more than seventeen acres of permanently protected open space. The Applicant's plans for the portion of the project within King County across the street from the plat include provision of a park to include a play structure and picnic tables. At least five significant recreational opportunities exist within a short distance of the plat. City staff recommends approval of payment of a fee in lieu of parkland dedication as more consistent with the City's park and recreation policies. Findings Nos. 4 and 14-17. 7. The requested modification to the cul.de-sac length standards of ACC 17.12 should be approved. The site's significant topographic limitations necessitate deviation from standard street layouts. Development of the proposed 107 lots would be consistent with the density required by the underlying land use designation, as well as that required by the requested zoning designation of R2. City utilities, transportation, and fire department staff submitted no objections to the requested cul-de-sac length modification. Findings Nos. 4 and 13. RECOMMENDATION Based on the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends to the Aubum City Council that the request for preliminary plat approval to subdivide 40.86 acres into 107 lots for future single- family development, an open space tract, and a storm water tract in Auburn, Washington should be APPROVED, subject to the following conditions: 1. Approval of the proposed preliminary plat is conditioned upon prior approval of the requested rezone changing the zoning designation of the residential portion of the subject property from RS to R2 (REZ04-0005). 2. Prior to final plat approval, all lots shall comply with minimum dimensional standards of the R2 zoning district, including provision of building envelopes on each lot capable of complying with required structural setbacks. 3. The storm pond shall be identified as a separate tract on the final plat. 4. Prior to final plat approval, the Applicant shall enter into an agreement with the City to provide a fee in lieu of parkland dedication. The format of the agreement shall be acceptable to the City. The amount of the fee in lieu shall be based on the formula identified in Finding number 16. The fee shall be paid prior to Final Plat approval. If the fee cannot be agreed upon, the Applicant shall provide the required park dedication space within the plat. Resolution No. 3892 August 9, 2005 Page 16 5. Prior to final plat approval, the Applicant shall execute an agreement with the Federal Way School District to pay per lot school impact mitigation fees in an amount to be negotiated between the parties based on the methodology detailed in the Federal Way Public Schools 2006 Capital Facilities Plan, in the record at Exhibit 37. The fees shall be paid at time of building permit issuance. 6. The sewer extension shall be stubbed the to the south end of 56th Avenue South road improvements prior to the time completion of road construction. 7. The pedestrian walkway connecting the South 340th Street sidewalk from 51st Avenue South to Military Road shall incorporate an extruded or mountable curb, approved by King County Traffic Engineer. All pedestrian pathways connecting the plat to existing bus stops at Peasely Canyon Way and at Military Road shall be completed prior to building permit issuance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The above-cited Hearing Examiner's Conclusions and Decision are herewith approved and incorporated in this Resolution. Section 2. The preliminary plat to subdivide 40.86 acres into 107 lots for future single-family development, an open space tract, and a storm water tract within the City of Auburn, legally described in Exhibit "A" attached hereto and incorporated herein by this reference, is hereby approved. Section 3. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. This Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 3892 August9,2005 Page 17 DATED and SIGNED this (JJ" day of s'~\€!.'l\ bey ,2004. ATTEST: CITY MAYOR ))i4uCi ~~~ Danielle E. Daskam, City Clerk Resolution No. 3892 August9,2005 Page 18 '------ .------" ") Exhibit "A" Resolution No. 3892 LEGAL DESCRIPTION OF PROPERTY Lot 15, Block 13, Jovita Heights, according to the plat thereof in Volume 20 of Plats, page 12, in King County, Washington.