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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
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BEFORE THE HEARING EXAMINER
OF THE CITY OF AUBURN
Jon Cheetham,
Terrace View Properties, LLC
In the Matter of the Application of )
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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