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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
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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.