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HomeMy WebLinkAbout4009 RESOLUTION NO. 4009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A PRELIMINARY PLAT APPLICATION TO SUBDIVIDE 6.04 ACRES INTO FIFTY-NINE LOTS FOR FUTURE RESIDENTIAL DEVELOPMENT, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. PL T05-0003, dated October 14, 2005, has been submitted to the City of Auburn, Washington, by Terrace View Properties, LLC, requesting approval of a preliminary plat application to subdivide 6.04 acres into fifty-nine (59) lots for future townhouse residential development, open space, and street and utility tracts 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 January 10, 2006, of which the Hearing Examiner recommended approval of the preliminary plat on January 31,2006 ; and WHEREAS, the City Council, on February 21, 2006 considered and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the Findings of Fact, Conclusions and Recommendation which is attached hereto as Exhibit "A", Section 1. The Hearing Examiner's Findings, Conclusions and Recommendation attached hereto as Exhibit "A" are herewith approved and incorporated in this Resolution. Resolution No. 4009 February 15, 2006 Page 1 of 4 Section 2. The request for preliminary plat approval to subdivide 6.04 acres into fifty-nine (59) lots for future residential development, open space and street and utility tracts within the City of Auburn, legally described in Exhibit "B" attached hereto and incorporated herein by this reference, is hereby approved subject to the following conditions: 1. Prior to final plat approval, the Applicant shall provide the City of Auburn with fee simple title to Tract D, the proposed Water Booster Pump Station Tract. The City shall release its interest in the existing Water Booster Pump Station Tract and any appurtenant easements. On the face of the final plat, the Applicant shall dedicate to the City of Auburn Tract J, the Sanitary Sewer Pump Station Tract. 2. Prior to final plat approval, the Applicant shall relocate the 'clean' stormwater line from the Belara Apartments (east of the subject property) in order to provide a 10 foot separation from the proposed Water Booster Pump Station building. The Applicant shall also dedicate water utility easements as necessary to connect the Water Booster Pump Station and appurtenant facilities to the City water system. All plans and easement revisions shall be approved by the City Engineer. 3. Tract D and Tract J shall be designed in substantial conformance with the conceptual "Planting Plan" prepared by Johanson Braund Design Group, received the by City on December 22, 2005, and entered into the record as Exhibit 10. Landscaping shall either be installed or future installation secured through a performance bond prior to final plat approval. 4. Prior to final plat approval, the Applicant shall conduct decibel readings for the Sanitary Sewer Pump Station generator to determine the need to address sound attenuation. If necessary, measures shall be implemented to attenuate noise impacts as directed by the City Engineer. 5. All streets within the plat shall be designed to local residential street standards and dedicated to the public, provided that the City Engineer may entertain a deviation request to allow for angled parking stalls within the plat. Resolution No. 4009 February 15, 2006 Page 2 of 4 6. All on-site road system improvements for the East Valley Highway required by Section 4.4 of the Annexation Agreement executed by Ordinance 5373 shall be completed. 7. A minimum of two traffic calming devices shall be installed on each internal plat road (Road A and Road B) prior to final plat approval. The exact type and location of the calming decides shall be approved by the City Traffic Engineer. 8. Proposed Conditions, Covenants, and Restrictions (CC&Rs) for the future Homeowners' Association shall be submitted for review and approval by City Staff prior to final plat approval. The CC&Rs shall specify the financial means which will provide for the maintenance of all common open spaces. 9. Tract A shall be maintained as a wetland and wetland buffer, in perpetuity, pursuant to the Mitigation Plan previously approved by Pierce County. Prior to the construction of any buildings, approved fencing and signage shall be placed on the border of the wetland within the developed portion of the plat to prevent homeowner encroachment in the wetland area. 10. Prior to the issuance of building permits and the connection of the proposed plat to metered water service, the Applicant shall pay a park impact mitigation fee of $720 per 10Uunit. 11. On and off-street visitor parking shall be provided in a manner approved by the City Traffic Engineer. 12. The Applicant shall comply with all mitigation measures set forth in the FEIS, issued May 1997, and all subsequent addendums to the FEIS. Section 3. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. This Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this /(0 eday of ~~,JLJ , 2006. Resolution No. 4009 February 15, 2006 Page 3 of 4 ATTEST: ~~C~~ Dariielle E. Daskam, City Clerk Daniel B. Heid, City Attorney Resolution No. 4009 February 15, 2006 Page 4 of 4 ----- - :> L--<" BEFORE THE HEARING EXAMINER OF THE CITY OF AUBURN Jon Cheetham, Terrace View Properties, LLC In the Matter of the Application of ) ) ) ) ) ) ) NO. PLT05-0003 TERRACE VIEW TOWNHOMES For Preliminary Plat FINDINGS, CONCLUSIONS, AND RECOMMENDA nON SUMMARY OF RECOMMENDATION A preliminary plat to subdivide approximately 6.042 acres into 59 lots for the future development of attached townhouses, open space tracts, and a water booster pump station tract in Auburn, Washington should be GRANTED, subject to conditions. Requests Jon Cheetham of Terrace View Properties LLC, represented by Lou Larson of Pacific Engineering Design LLC (Applicant), requested approval of a preliminary plat application to subdivide approximately 6.042 acres into 59 lots for the future development of attached townhouses, seven open space tracts, including one for the protection of a wetland and its associated buffer, and a water booster pump station tract. The subject property is located north of the Lake Tapps Highway (8th Street E), east of the East Valley Highway, at the northeast comer of Terrace View Drive. SUMMARY OF RECORD Hearing Date Pursuant to the requirements of RCW 36.70B, an "open record" hearing was held before the Hearing Examiner of the City of Auburn on January 10, 2006. The official record of the hearing was left open for the submittal of supplemental documentation requested by the Hearing Examiner. The requested documentation was submitted and the record was closed on January 17,2006. Testimony At the open record hearing, the following individuals presented testimony under oath: Steve Pilcher, City of Auburn Planning Department Joseph Welsh, City of Auburn, Transportation Planner Walt Wojeck, City of Auburn, Development Review Dwayne Husky, City of Auburn, Utility Engineer Jon Cheetham, Terrace View Properties LLC Lou Larson, Pacific Engineering Design LLC Mary Urback, Drafting Attorney - Annexation Agreement Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 Exhibit "A" Resolution No. 4009 page 1 of 13 Exhibits At the hearing the following exhibits were submitted as part of the record ofthis proceeding: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Exhibit 14 Exhibit 15 Exhibit 16 Staff Report Vicinity Map Preliminary Plat Application with attachments Attachment A: Project Narrative Attachment B: Memo from Heffron Transportation Inc., dated October 4, 2005 Site Plans - 9 Sheets including utilities, road, easement, booster/pump station, and sight distances, dated Nov,ember 21, 2005 Proposed Site Plan Letter from Pacific Engineering Design to Steve Pilcher, Auburn Planning Department, dated December 22,2005 Letter from Pacific Engineering Design to Steve Pilcher, Auburn Planning Department, dated November 22,2005 Letter from Mary Urback to Carla Vincent, Pierce County Planning & Land Services, dated June 1, 2005 Addendum to Final Environmental Impact Statement for Terrace View Park Preliminary Plat/Planned Development District, issued October 24,2005 Planting Plan, prepared by Johnson Braund Design Group Inc., received by City December 22, 2005 City of Auburn Ordinance 5373 - Execution of Annexation, Annexation Agreement, and Declaration of Covenant, passed April 17, 2000 Notice of Application Notice of Public Hearing Affidavit of Posting Affidavit of Mailing Confirmation of Publication of Notice of Public Hearing Exhibit 17 Pre-Application Meeting Summary with decision of Auburn Planning Director as to Minor Adjustment to Terrace View Site Plan, dated August 1,2005 Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 2 of 13 Exhibit 18 Exhibit 19 Exhibit 20 Exhibit 21 Exhibit 22 Exhibit 23 Exhibit 24 Exhibit 25 Exhibit 26 Exhibit 27 City of Auburn Ordinance 5377 - Terrace View Zoning Requirements and Development Standards, passed May 1,2000; Ordinance 5392 - Amendment to Ordinance 5377, passed May 15,2000 Letter from John Trent, Pierce County Public Works and Utilities, to Terrace View Properties LLC, dated July 9, 1999 Statutory Warranty Deed and 2000 Pre-Annexation Agreement between Pierce County and the City of Auburn relating to regional infrastructure and facilities E-mail from Dieringer School District, dated July 10, 2005 Terrace View Townhomes Preliminary Plat Discussion Outline Proposed Site Plan, colorized Color Photograph of Townhomes, for illustrative purposes only Color Photograph of Townhomes, for illustrative purposes only Letter from Mary Urback, Attorney to City of Auburn Hearings Examiner, dated January 13, 2006 Order Closing the Record Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant requested approval of a preliminary plat to subdivide approximately 6.042 acres into 59 fee-simple lots for the future development of attached townhomes, seven open space tracts, and a water booster pump station. The subject property is located north of the Lake Tapps Parkway (8th Street East), east of the East Valley Highway, at the northeast corner of Terrace View Drive in Auburn, Washington. The site is formally referred to as the "North Commercial Bench" of the Terrace View Park Planned Development District. The subject property is identified by Pierce County Tax Assessor's Number 0520062048. Exhibit 1, Staff Report, Pages 1-3; Exhibit 2, Vicinity Map; Exhibit 3, Plat Application, Page 5 and Project Narrative; Testimony of Mr. Pilcher. 2. Although the site has been graded in the past, it is currently vacant. The parcel slopes upwards from the East Valley Highway and then flattens over the majority of the site. Vegetation consists solely of grasses, invasive shrubs, and small trees. There are no significant trees located on the site. Exhibit 3, Plat Application, Project Narrative. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 3 of 13 3. The subject property is part of the Terrace View Park Planned Development District (TVP), which is comprised of three parcels of land, totaling 52.66 acres. The TVP was annexed by the City of Auburn in 2000. Exhibit 11, Ordinance 5373. Pursuant to the Annexation Agreement, zoning for the subject property was assigned by a separate action of the City Council. In April 2000, the City Council adopted Ordinance 5377, which assigned the TVP the Terrace View (TV) Zoning District, ACC 18.78. Exhibit 18, Ordinance 5377. 4. Pursuant to Auburn Ordinance 5377, the TV zone was created to establish zoning requirements and design standards exclusively for the 52.66 acres of land known as "Terrace View Annexation Area." The TV zoning district is a modified version of the C-3 Heavy Commercial zoning district and reflects both the City's Comprehensive Plail and Pierce County zoning provisions and project submittals. Except for the noted modifications, all other provisions of the C-3 zoning district apply to the TV zone. Modifications include: (I) multi-family projects are permitted outright; (2) parking for recreational vehicles is not required so long as a there is a perpetual restrictive covenant recorded against the property that prohibits recreational vehicle parking in the multi-family complex. Exhibit 1, Staff Report, Pages 1-3; Exhibit 18, Ordinance 5377; ACC Chapter 18.78; ACC 18.78.030; Testimony of Mr. Pilcher; Testimony of Ms. Urback. 5. The preliminary plat application was reviewed for compliance with the TV zoning district standards, ACC 18.78. Multi-family residential development is an outright permitted use in the TV district. The TV district, utilizing the C-3 zone development standards, does not require a minimum lot size or minimum lot width or set lot .coverage limitations. The C-3 zone does require that apartments must provide, at a minimum, 1,200 square feet of lot area for each dwelling unit. Minimum yard setbacks are 20 feet from front lot lines and 15 feet from side street lot lines. There are no minimum yard setbacks required for rear yards or interior side yards. The maximum allowed building height is 45 feet. Exhibit 1, Staff Report, Page 3; ACC 18.78.030; ACC 18.30.030(A); ACC 18.30.040; Testimony of Mr. Pilcher. 6. At the time of annexation, the Applicant intended to develop the site with a 625 unit mixed- use multi-family residential development and 71,600 square feet of commercial buildings. The residential development was to occur on the 'upland bench' which encompassed the eastern portion of the property. The commercial area, bordering the East Valley Highway, was divided into two 'lowland bench' portions - the North Commercial Bench and the South Commercial Bench. Exhibit 11, Ordinance 5373; Exhibit 20, Annexation Agreement; Testimony of Mr. Cheetham. 7. The residential development on the 'upland bench' is currently under construction. The Belara Apartments (aka Terrace View Apartments) consist of 423 units and are anticipated to be completed by mid-2006. Additional surrounding land uses outside of the TVP consist of Lakeland South, a large single and multi-family residential development, to the east; a commercial construction business to the north; the East Valley Highway, Trillium stormwater pond, and undeveloped land is to the west; and undeveloped land to the south known as the South Commercial Bench. Exhibit 1, Staff Report, Pages 2-3; Exhibit 3a, Project Narrative; Testimony of Mr. Pilcher. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 4 of 13 8. There has been no commercial development within the TVP's two commercial benches. As required by ACC 18.78.040, development of commercial and multi-family areas is to be generally consistent with the site plan submitted as Exhibit A to Ordinance 5377, including the provision that commerciaI area must not exceed 10 acres. Any amendments to the site plan must be reviewed by the City Planning Director who is authorized to determine whether the amendment is a minor or major amendment to the original site plan. ACC 18.78.040; Exhibit 1, Staff Report, Page 3; Exhibit 18, Ordinance 5377; Exhibit 26, Urback Letter; Testimony of Ms. Urback 9. The City Planning Director determined that the Applicant's amendment to the existing site plan, limiting commercial development to the South Commercial Bench and providing multi- family development on the North Commercial Bench, was a "minor" amendment because it did not increase the overall impacts of the proposed development. This determination was based on the Final Environmental Impact Statement for the TVP, which allowed for the development of 625 multi-family units within the district. The Belara Apartments consists of 423 units, 202 units less than was authorized by the FEIS. The construction of 59 multi- family units on land formerly designated for commercial development would not increase the impacts of the development. Exhibit 1, Staff Report, Page 3; Exhibit 17, Pre-Application Meeting; Testimony of Mr. Pilcher. 10. Pursuant to the SEP A, Pierce. County acted as lead agency for review of environmental impacts caused by the Terrace View Park Preliminary PlatIPlanned Development District. Pierce County issued a Final Environmental Impact Statement (FEIS) in May 1997. The County issued an addendum to the FEIS in September 1999 based on the finalization of street improvements, cQnstruction of a regional storm drainage system, on-site wetland mitigation, and impact fees (parks and schools). Section 4.3.3 of the Annexation Agreement states that "[T]errace View shall not be required to undertake or complete any further environmental review process by the City .. . [unless] ... the [County's] environmental review ... is not adequate to address the specific impacts ... or ... federal or state statutes and regulations ... supersede." The City issued another addendum to the FEIS on October 24, 2005 recognizing that the current proposal for the subject property considered by the FEIS. The City determined that the current proposal was analyzed as an alternative under the prior environmental review process and was consistent with the FEIS. Exhibit 1, Staff Report, Pages 3, 5; Exhibit 3, Application - Project Narrative; Exhibit 9, EIS Addendum; Exhibit 11, Annexation Agreement, Page 7; Exhibit 17, Pre-Application Meeting Summary; Testimony of Mr. Pilcher. 11. The Applicant's design plan is for development of townhouses of up to four units in a common wall (two one-hour walls with sheet rock in between) structure that would maintain a zero interior side yard setback at these common walls. Units would be one to three bedrooms and range from approximately 1,200 to 1,600 square feet in size. The Applicant's target price range for each unit is $275,000 to $325,000. Each individual townhouse would be located on an individual lot, giving the subsequent buyer ownership in both the unit and the und~rlying land. The smallest proposed residential lot would be 1,518 square feet (Lot 46), while the largest would be 5,045 square feet (Lot 32). Overall density for the project is Findings, Conclusions, and Recommendation Hearing ExamiT1:er for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 5 of 13 approximately 9.5 units per acre. Exhibit 1, Staff Report, Page 3; Exhibit 4, Preliminary Plat Map; Exhibit 5, Proposed Site Plan; Exhibit 22, Applicant's Outline; Exhibits 24 and 25, Illustrative Photographs; Testimony of Mr. Pilcher; Testimony of Mr. Larson; Testimony of Mr. Cheetham. 12. The Applicant's design plan included off-street "visitor" parking. Parking is not required by the ACC but the Applicant provided it as an amenity for future residents because of the limited availability of on-street parking. The City's Traffic Engineer and the Dieringer School District expressed concern that the interior parking spaces may impact sight lines/distances at the two interior plat intersections. City Staff suggested that the Applicant reduce the number of parking stalls and that the stalls be angled to ease re-entry and promote sight lines. The Applicant stated that he is willing to modify the parking just so long as the total number of residential units is not affected. Exhibit 6, Pacific Design Letter; Exhibit 21, School District E-mail; Testimony of Mr. Pilcher; Testimony of Mr. Larson; Testimony of Mr. Cheetham. 13. The Pre-Annexation Agreement between Pierce County and the City of Auburn addressed the construction of regional infrastructure and facilities. Regional infrastructure and facilities covered by the Pre-Annexation Agreement included the design, right-of-way acquisition, and construction of several roadways including improvements to Lake Tapps Parkway, the East Valley Higway East, access ramps, intersections, bridges, pedestrian and bicycle facilities, and stormwater drainage facilities. Pursuant to the Pre-Annexation Agreement, Pierce County would retain full access to regional infrastructure and facilities in order to construct, operate, maintain, and reapir them. Exhibit 20, Pre-Annexation Agreement; Testimony of Ms. Urback. 14. The proposed plat would be accessed from two points. Access from the south would be via Terrace View Drive SE, a minor arterial. The internal plat road intersection with Terrace View Drive SE would provide full ingress/egress but would not have a traffic control signal. Access from the west would be via the East Valley Highway, a principal arterial, at the northwest comer of the site. A new internal loop road would provide access to individual units. There would be no direct lot access from either Terrace View Drive SE or the East Valley Highway. Due to concerns about potential "cut-through traffic," conditions of approval include installation of a minimum of two traffic calming devices on both of the internal plat roads, Road A and Road B. Exhibit 1, Staff Report, Page 3; Exhibit 4, Preliminary Plat Map; Exhibit 6, Letter from Pacific Engineering; Testimony of Mr. Welsh. 15. Access from the East Valley Highway was originally designed to be restricted to an unsignalized right turn in/right turn out traffic pattern. The Dieringer School District stated that they would like buses to have the opportunity to turn either left or right at the East Valley Highway exit so as not to interfere with future bus route scheduling. In order to provide such access, Mr. Welsh testified that this intersection should be an unrestrictive access point. In light of this testimony, the City representative agreed to eliminate recommended Condition Number 11 which addressed the installation of C-curbing to restrict access. Exhibit 21; School District E-mail; Testimony of Mr. Pilcher; Testimony of Mr. Welsh. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 6 of 13 16. A Traffic Impact Analysis (TIA) for the development of Terrace View Park as a mixed-use commercial' and residential development was prepared as part of the environmental review process required by Pierce County. The original TIA assumed a 71,600 square' foot retail center and 692 multi-family units, generating approximately 10,220 daily trips, including 970 PM peak hour trips. According to.the TIA, the Applicant's revised proposal seeks to replace the commercial development slated for the North Commercial Bench with 59 townhomes, thereby reducing the retail square foot to 25,000 and total multi-family units to 489 (430 apartments and 59 townhouses). Heffron Transportation Inc. (Heffron) reviewed the new proposal for traffic impacts and determined that due to the reduction in the project's size, that the number of trips that the project would generate would be substantially reduced from the original estitmate. Heffron concluded that the new proposal would generated approximately 6,000 daily trips, including 548 PM peak hour trips. Exhibit 3, Application - Attachment B. 17. The Preliminary Plat Map denotes that a portion of Road B, permitting access from the East Valley Highway East, would be constructed at a 12% grade. Current City of Auburn road standards restrict the grade of a road to 6% but allow for a 12% grade subject to approval of a Deviation Request. During various meetings between the Applicant and the City, the City took the position that the Applicant would need to secure a plat modification in order to construct Road B at a 12% grade. The Applicant stated, and Ms. Urback concurred, that the Annexation Agreement between the City and the Applicant allows for the 12% grade outright. Section 4.5 - Fire Standards, of the Terrace View Petition for Annexation, Annexation Agreement, and Declaration of Covenant, executed by Auburn Ordiance 5373 (Annexation Agreement), specifically states: "[T]errace View can develop to maximum road grade of 12%." Exhibit 1 J, .Annexation Agreement, Page 9. Section 4.4.4 of the Annexaction Agreement states that "[A]ll other roads and road approaches ... shall meet or exceed the private road standards as set forth in the City of Auburn Design and Construction Standards in effect on the date of execution [of the Annexation Agreement]. Exhibit 11, Annexation Agreement, Page 8. A representative from the City's Transportation Department testified that at the time of execution, City standards allowed for a 12% grade with a possible deviation of up to 15%. In addition, Seciton 4.10.1 of the Annexation Agreement ,states that the City must recognize all development and building permits issued for the Terrace View Development by Pierce County. Pierce County issued Permit Number 296648 allowing for the construction of a minor road approach on to the East Valley Highway. Exhibit 11, Annexation Agreement, Page 16. Exhibit 4, Sheet 4 - Road B Profile; Exhibit 6, Letter from Pacific Engineering; Exhibit 7, Response Letter from Pacific Engineering,' Exhibit 11, Ordinance 5373 and Annexaciton Agreement; Exhibit 26, Letter from Ms. Urback; Exhibit 19, Letter from Pierce County/Permits; Testimony of Mr. Pilcher; Testimony of Mr. Welsh; ,Testimony of Ms. Urback 18. The City of Auburn's Parkland Dedication Policy assumes that subdivisions would result in a substantial increase in demand for parkland. Dedication of parkland, at a rates of 6.03 acres of parkland for each 1,000 residents, is required for subdivisions that create fifty or more dwelling units. Site design for the proposed plat shows seven open space tracts, one of which is a 51,387 square foot tract protecting wetlands and wetlands buffers in an undisturbed manner. The Applicant does not propose to utilize any of these tracts for recreation but Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 7 of 13 rather these areas would be owned by a Homeowners' Association and landscaped. Pursuant to Section 4.6 of the Annexation Agreement, the Applicant, in lieu of land dedicatin, may pay the sum of $720.00 per multi-family unit, or a total of $42,480.00 for the proposed 59 dwelling units. The mitigation fee must be tendered to the City prior to metered water service connection by the City to the Terrace View Development. City Staff determined that given the size of the proposed plat, payment of the fee in lieu of land dedication was appropriate. ACC 17.12.260; Exhibit 1, Staff Report, Page 4; Exhibit 11, Ordinance 5373 - Petition for Annexation, Annexaction Agreement, and Declaration of Covenant, Section 4.6 Parks, Page 9; Testimony of Mr. Pilcher; Testimony of Mr., Cheetham. 19. Sanitary sewer service provided by the City of Auburn would serve the proposed multi- family residential development via an existing sewer line. Tract J is a 3,531 square foot parcel that currently contains a sanitary sewer pump station. The tract is to be dedicated to the City of Auburn for the operation and maintenance of the sewer pump station at the time of final plat approval. To provide security and visual/noise screening of the pump station, fencing and landscaping of Tract J would be required. Conditions of approval require the Applicant to perform decibel readings to determine if additional sound attenuation measures are required to be implemented. Exhibit 1, Staff Report, pages 4, 6,' Exhibit 3a, Project Narrative; Exhibit 4, Preliminary Plat Maps, Sheets 1 and 6; Exhibit 10, Planting Plan; Exhibit 22, Applicant's Outline; Testimony of Mr. Pilcher, Testimony of Mr. Larson; Testimony of Mr. Husky. 20: Water provided by the City of Auburn would serve the proposed multi-family residential development. A tract of land and existing easements for a water pump station pn the western portion of the site, in the location of proposed Lots 22, 23, 24, and 25, were conveyed to the City by the Applicant in order to provide water service for development to the east of the subject property. The City has not yet developed this site. As an option available to the City, the Applicant proposed to dedicate Tract D, a 6,976 square foot parcel at the southeast corner of the site, to the City in order to provide for the water pump station. The City has agreed to ~elease its interest in the existing tract and apprutenant easments prior to final plat approval in exchange for a fee simple title to Tract D. Exhibit 1, Staff Report, Pages 3-4, 6; Exhibit 4, Preliminary Plat, Sheets 1, 5, and 6; Exhibit 6, Pacific Design Letter; Exhibit 22; Applicant's Outline; Testimony of Mr. Pilcher; Testimony of Mr. Larson; Testimony of Mr. Husky. 21. Relocation of the proposed water pump station would impact an existing 15-foot private stormwater easement, recorded under Pierce County Auditor No. 200406220478, that is located along the southern boundary of the site. The easement provides a "clean" stormwater line from the Belara Apartments. Due to the placement of the pump station, the easement would have to be relocated south into the existing right-of-way. The City has accepted this relocation, recommending it as a condition of approval. Exhibit 1, Staff Report, Page 2; Exhibit 4, Prelimary Plat, Sheets 1, 5, 6, and 9; Exhibit 6, Pacific Design Letter; Testimony of Mr. Pilcher; Testimony of Mr. Husky. 22. There is a lO-foot Puget Sound Energy (PSE) easement, recorded under Pierce County Auditor No. 200507150653, that is located along the southern boundary and a portion of the western boundary of the site. Exhibit 4, Preliminary Plat. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 8 oj 13 23. As part of the Pre-Annexaction Agreement, Pierce County and the Applicant agreed on the use of the "Trillium Stormwater Facility," a regional stormwater facility providing stormwater detention and water quality treatment facilities, for the discharge of stormwater from the subject property. Part of the agreement requires the Applicant to construct and maintain an on-site oil/water separator system at the points of discharge into the main trunk line conveyance system for the purpose of screening oils from the runoff and stormwater collected on the subject property. Exhibit 1, Staff Report, Page 4; Exhibit 3, Application - Attachment A; Exhibit 20, Pre-Annexation Agreement, Exhibit D. 24. There is a 1.18 acre wetland on the northern portion of the site. The wetland, contained within Tract A, is 51,387 square feet in area and is vegetated with trees, scrub, and shrub. Enhancement of this wetland was done in accordance with the Buffer Enhancement Plan of Terrace View Planned Development (1995) and the Planting and Monitoring Report (2003), collectively referred to as the "Buffer Mitigation Plan" and identified under the Wetland Memorandum of Agreement (Wetland Agreement) recorded with Pierce County. In order to protect the wetland, the Wetland Agreement required the Applicant maintain the area in its natural, undistrubed state in perpetuity, to provide a 50 foot protective buffer, and to provide an eight foot building setback from the edge of the buffer. In addition, prior to the construction of any building, the Applicant was to place fencing and signage at the boundary of Tract A. The Wetland Agreement was satisfied in June 2005. Exhibit 1, Staff Report, Page 4; Exhibit 4, Prelimary Plat, Sheet 1; Exhibit 8, Urback Letter; Exhibit 22, Applicant's Outline. 25. The plat would be served by facilities within the Dieringer School District (the School District). In Washington State, ample provision for the education of children is a paramount duty of the state.l This requirement is further stated in the laws of the State and City. RCW 58.17.11 0 requires that subdivisions make appropriate provisions for the general welfare of the community, including provisions for schools and for safe walking conditions for students. RCW 36.70A.020(l2) mandates that when a county plans for growth, it is to ensure that public services, such as schools, that are necessary to support development are adequate to serve the development. ACC 17.05.070 states that a subdivision must make adequate provisions for the general welfare, including schools. ACC 19.02 authorizes the City of Auburn to collect school impact fees on behalf of the School District. Pursuant to ACC 19.02.110, the 2006 impact fee for the Deiringer School District for a single family unit is $3,500.00 or $739.00 for a multi-family unit and is due at the time of building permit application. Exhibit 1, Staff Report, Page 4; Exhibit 21,' School District Comments; RCW 58.17.110; RCW 36. 70A.020; ACC 17.05; ACC 19.02. 26. City of Auburn Comprehensive Plan Goals and Policies that apply to the proposal include, but are not limited to, the following: Chapter 3, Land Use, Goal 7 (emphasize a mix of housing types appropriate for a family-oriented community, including appropiately located higher density); Land Use, Objective 7.1, Policy LU-15 (multiple family development of not more than 20 units per acre; located near shopping and other services); Land Use, Objective 1 Washington State Constitution, Art. 9, ~ 1 Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 9 of 13 7.3, Policy LU-20 (encourage compact development; protection of critical areas); Land Use, Objective 7.5, Policy LU-31 (multi-family developments located to necessary support facilities); Chapter 4, Housing, Goal 7 (residential development - family oriented communites); Housing, Goal 22 (design and visual quality through appropriate standards); Chapter 9, Environment, Goal 18 (maintain and promote a healthy environment); Environment, Objective 18.1 (enhance and maintain ground and surface waters; stormwater drainage regulation; BMPs); Objective 18.3 (enhance and maintain quality of land/habitat); and Objective 18.4 (enhance and maintain the quality of important wetland resources). The Annexation Agreement was found to be in conformity to the City's Comprehensive Plan. Exhibit 11, Ordinance 5375. 27. The City received no public comments, written or oral, on the proposed plat., 28. Notice of the, public hearing was posted on the subject property on December 30, 2005. Notice was mailed to property owners within 300 feet of the subject property on December 29,2005. Notice was published in the King County Journal on December 29,2005. Exhibits 13, 14, 15, and 16; Testimony of Mr. Pilcher 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. Criteria for Preliminary Plat Review PurslJant to ACC 17.06.070, for a preliminary plat application to be approved, the Applicant must demonstrate the following: 1. Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and school grounds; 2. Conformance 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; Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 10 of 13 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. Conclusions Based on Findings 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. The Applicant has made provisions for streets with sidewalks for pedestrian safety, including safe walking for school children. Conditions of approval will provide for traffic calming devices to provide safety within the plat and modification to off-street parking will ensure sight lines for drivers and pedestrians are not impacted. An internally loop road with two access points will ensure traffic flow and emergency vehicle access. The development will be served by City water and sanitary sewer. The proposed development will utilize Pierce County's regional stormwater facilities, Trillium Pond. All stormwater will be collected and conveyed to these facilities. The Applicant has provided landscaped open space and the preservation of 1.18 acres of wetland and wetland buffers. School impacts fees will address impacts to the Dieringer School District. Park impact fees will be paid to the City of Auburn in lieu of land dedication within the plat. Findings of Fact Nos. 10, 11, 12, 14, 15, 16, 17, 18, 19,20,23,24, and 25. 2. The subdivision would conform to the general purposes of the City of Auburn Comprehensive Plan. The subdivision would be consistent with the goals, objectives, and policies ofthe City's Comprehensive Plan. Finding of Fact No. 26. 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 the TV zoning district standards. The plans and policies of the City of Auburn are included in Ordinance 5373 and Ordinance 5377 which adopted and executed the annexation of the subject property and the underlying zoning district provided forin ACC 18.78. Findings of Fact Nos. 3, 4, 5, 8, 9, 13, and 28. 4. With conditions, potential environmental impacts of the proposed subdivision would be mitigated. Compliance with the conditions the FEIS will ensure that adverse impacts are mitigated to a point of non-significance. The Applicant completed enhancement of the wetland area contained on the site in accordance with the "Buffer Mitigation Plan" as identified under the Wetland Memorandum of Agreement (Wetland Agreement). The development will be served by City water and sanitary sewer, thereby protecting ground and surface water quality and quantity. Stormwater facilities will collect and convey stormwater to a regional treatment facility. Pursuant to the Annexation Agreement, the Applicant is required to maintain an on-site oil/water separator system at the points of discharge into the main trunk line conveyance system for the purpose of screening oils from the runoff and Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 11 of 13 stormwater collected on the subject property. Traffic analysis has demonstrated a reduction in the amount of traffic generated from the prior proposal, thereby reducing air pollution. Impacts to schools and parks will be addressed via the payment of impact fees. Landscaping of utility stations should ameliorate noise generated by the facility. Conditions of approval require decibel readings to ensure that the adjacent homeowners are not adversely impacted. Findings of Fact Nos. 9, 10, 15, 16, 18, 19,20,21,23,24, and25. 5. The subdivision will not create or contribute to public nuisances. Public Nuisances are addressed generally throughout the ACC and are addressed directly in ACC 8.12. A public nuisance affects public health and property values by creating visual blight, harboring rodents and/or bests, or creating unsafe pedestrian and traffic situations. Compliance with City design standards for road safety (traffic calming devices, width, sidewalks, and visibility) will ensure safe pedestrian and traffic access within the development. The Applicant must conduct decibel readings for the sanitary sewer pump station to ensure that sound is not at unacceptable levels. As conditioned, the development of a Homeowners' Association and the associated Covenants, Conditions, and Restrictions will ensure that visual blights and dangers to public health are reduced/eliminated, thereby promoting both general public welfare and property values. Findings of Fact Nos. 12, 13, 14, 15, and 19. RECOMMENDATION Based on the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends to the Auburn City Council that the request for preliminary plat approval to subdivide approximately 6.042 acres into 59 lots for development of attached townhomes, open space tracts, utility tracts, and a storm water tract in Auburn, Washington should be APPROVED, subject to the following conditions: 1. Prior to final plat approval, the Applicant shall provide the City of Auburn with fee simple title to Tract D, the proposed Water Booster Pump Station Tract. The City shall release its interest in the existing Water Booster Pump Station Tract and any appurtenant easements. On the face of the final plat, the Applicant shall dedicate to the City of Auburn Tract J, the Sanitary Sewer Pump Station Tract. 2. Prior to final plat approval, the Applicant shall relocated the 'clean' stormwater line from the Belara Apartments (east of the subject property) in order to provide a 10 foot separation from the proposed Water Booster Pump Station building. The Applicant shall also dedicate water utility easements as necessary to connect the Water Booster Pump Station and appurtenant facilities to the City water system. All plans and easement revisions shall be approved by the City Engineer. 3. Tract D and Tract J shall be designed in substantial conformance with the conceptual "Planting Plan" prepared by Johanson Braund Design Group, received the by City on December 22,2005, and entered into the record as Exhibit 10. Landscaping shall either be installed or future installation secured through a performance bond prior to final plat approval. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 12 of 13 4. Prior to final plat approval, the Applicant shall conduct decibel readings for the Sanitary Sewer Pump Station generator to determine the need to address sound attenuation. If necessary, measures shall be implemented to attenuate noise impacts as directed by the City Engineer. 5. All streets within the plat shall be designed to local residential street standards and dedicated to the public, provided that the City Engineer may entertain a deviation request . to allow for angled parking stalls within the plat. 6. All on-site road system improvements for the East Valley Highway required by Section 4.4 of the Annexation Agreement executed by Ordinance 5373 shall be completed. 7. A minimum of two traffic calming devices shall be installed on each internal plat road (Road A and Road B) prior to final plat approval. The exact type and location of the calming decides shall be approved by the City Traffic Engineer. 8. Proposed Conditions, Covenants, and Restrictions (CC&Rs) for the future Homeowners' Association shall be submitted for review and approval by City Staff prior to final plat approval. The CC&Rs shall spe<;ify the financial means which will provide for the maintenance of all common open spaces. 9. Tract A shall be maintained as a wetland and wetland buffer, in perpetuity, pursuant to the Mitigation Plan previously approved by Pierce County. Prior to the construction of any buildings, approved fencing and signage shall be placed on the border of the wetland within the developed portion of the plat to prevent homeowner encroachment in the wetland area. 10. Prior to the issuance of building permits and the connection of the proposed plat to metered water service, the Applicant shall pay a park impact mitigation fee of $720 per lot/unit. 11. On and off-street visitor parking shall be provided in a manner approved by the City Traffic Engineer. 12. The Applicant shall comply with all mitigation measures set forth in the FEIS, issued May 1997, and all subsequent addendums to the FEIS. DECIDED this 3t-day of January, 2006. DRISCOLL & HUNTER Hearing Examiner for City of Auburn By: Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLT05-0003 page 13 of 13 LEGAL DESCRIPTION OF PROPERTY NORTH BENCH A POR77ON OF GOVERNMENT LOT 5 OF SEC770N 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WlLLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, MORE PAR 77CULARL Y DESCRIBED AS FOLLOWS: COMMENCING A T THE M:'ST 1/4 CORNER OF SAID SEC770N 6; THENCE ALONG THE WEST LINE OF SAID SECTION 6, NO.31'15"E 1321,65 FEET; THENCE ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 5 588-57'32"E 624.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE S1 1 -00'59" W655.35 FEET TO THE NOR7H LINE OF THE RIGHT OA WAY OF LAKE TAPPS PARKWAY EAST NORTH ACCESS RAMP )\S CONVEYED TO PIERCE COUNTY UNDER AF /2oo1022J0699; THENCE FOLLOWING SAID NORTH RIGHT OF WAY LINE IN A GENERAL WESTERLY DIRECTION TO THE EAST RIGHT OF WAY LINE OF EAST VALLEY HlGHWA Y EAST AS CONVEYED TO PIERCE COUNTY UNDER AF /200102230699.' THENCE FOLLOWING SAID EAST RIGHT OF WA Y LINE IN A GENERAL NOR7HERL Y DIRECTION TO THE NORTH LINE OF SAID GOVERNMENT LOT. 5; THENCE ALONG SAID NORTHLlNE S88-57'J2"E 498.91 FEET TO THE TRUE POINT OF BEGINNING. (BEING PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NUMER I 200103295016). LESS THA T LAND DEEDED TO THE CITY OF AUBURN UNDER PIERCE COUNTY AUDITOR'S FILE NO. 2003052111904. ' SlTUA TE IN THE CITY OF AUBURN, COUNTY OF PIERCE, STA TE OF WASHINGTON. FEE PAYMENT: T.R. #: DATE RECEIVED: CASHIER'S INITIALS: $1,038.00 and $53.00 per lot plus $727.00 for Environmental Checklist Preliminary Pial Revised 1.E12OO5 Exhibit "B" Resolution No. 4009