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HomeMy WebLinkAbout4088 RESOLUTION NO. 4088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A PRELIMINARY PLAT APPLICATION TO SUBDIVIDE 4.06 ACRES INTO 14 LOTS AND ONE TRACT FOR STORM DRAINAGE FACILITIES WITH TWO PLAT MODIFICATIONS, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. PL T06-0001, dated January 31, 2006, has been submitted to the City of Auburn, Washington, by Stipp's Meadow LLC, requesting approval of a preliminary plat application to subdivide 4.06 acres into 14 lots for future residential development with two plat modifications, and a utility tract within the City of Auburn, Washington; and WHEREAS, said request above was referred to the Hearing Examiner forstudy and public hearing thereon; and WHEREAS, following staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on August 15, 2006, after which, on August 24, 2006, the Hearing Examiner made Findings of Fact, Conclusions of Law and Recommendations in which the Hearing Examiner recommended approval of the preliminary plat subject to conditions; and WHEREAS, the City Council, at its meeting of October 17, 2006, considered and affirmed the Hearing Examiner's recommendation for preliminary plat based upon said Findings, Conclusions and Recommendations. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON HEREBY RESOLVES as follows: Resolution 4088 October 6, 2006 Page 1 of 6 Section 1. The Hearing Examiner's Findings, Conclusions and Recommendations attached hereto as Exhibit "A" incorporated in this Resolution by this reference, are hereby approved and adopted. Section 2. The request for preliminary plat approval to subdivide 4.06 acres into 14 lots for futu re residential development, 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. The proposal shall conform to the following City of Auburn regulations and standards: . ACC Title 10 - Vehicles and Traffic . ACC Title 12 - Streets, Sidewalks and Public Works . ACC Title 13 - Water, Sewer, and Public Utilities . ACC Title 14 - Project Review . ACC Title 15 - Buildings and Construction . ACC Title 16 - Environmental . ACC Title 17 - Subdivisions . ACC Title 18 - Zoning . ACC Title 19 - Impact Fees . City of Auburn Construction and Design Standards 2. Mitigation measures as outlined in the Mitigated Determination of Non- significance (MDNS) date July 10, 2006 shall be completed prior to final plat approval. 3. Prior to final plat approval, a landscaping plan with applicable cross sections is required, to show that the storm drainage pond aesthetic requirements consistent with city standards can be accommodated on site. 4. On-site drainage flows from the proposed plat of Mountain View Estates shall be directed to the proposed on-site storm drainage facility for the Stipp's Meadow Preliminary Plat. 5. Vehicle access for maintenance to all proposed storm drainage structures shall be required per the City of Auburn Design Standards. To provide an adequate and safe storm pond access, an appropriately designed pull-off shall be provided from the proposed plat to serve the pond. Resolution 4088 October 6, 2006 Page 2 of 6 6. All storm drainage conveyance lines required to manage the upstream bypass surface flows shall not be combined with the proposed on-site storm drainage system. Maintenance access shall be provided to all structures proposed to be in public ownership. 7. Public storm drainage facilities shall be constructed to adequately manage the storm water quantity and quality impacts from the proposed public street improvements associated with the project. Storm drainage from the public street improvements shall not drain onto private properties. The possibility of connecting the new stormwater improvements to nearby existing systems should be explored. 8. Given the existing on-site drainage deficiencies with the natural downstream drainage course in the vicinity of Mountain View Cemetery, the following off-site improvements are required to be constructed prior to on-site grading activities: . New drainage facilities shall be constructed within the existing 58th Avenue South right-of-way, south from the proposed plat to Mt. View Drive. 9. The Homeowners Association shall maintain those portions of the stormwater tract located outside the fenced pond boundary. 10. Prior to issuance of clearing or grading permits, a grading plan for grading and clearing necessary for both the construction of infrastructure such as roads and utilities and for lot grading shall be submitted and approved by the City of Auburn. The purpose of the plan should be to accomplish the maximum amount of grading at one time to limit or avoid the need for subsequent grading and disturbance, including grading of individual lots during home construction. This plan shall show quantities and locations of excavations, and embankments, the design of temporary storm drainage detention system, and methods of preventing drainage, erosion and sedimentation from impacting adjacent properties, natural and public storm drainage systems and other near by sensitive areas. All the measures shall be implemented prior to beginning phased on-site filling, grading or construction activities. 11. The applicant shall secure easements from the City of Auburn Parks Department prior to the issuance of a FAC permit for sewer main extension along the north property line of the Mountain View Cemetery. If the off-site sewer main improvements extend onto the property north of Mountain View Cemetery, then the applicant shall secure easements from the property owner. 12. Prior to issuance of grading and FAC permits, the applicant shall submit further geotechnical analysis of the sewer main extension from the valley floor, along the north property line of the Mountain View Cemetery, to the project site. Resolution 4088 October 6, 2006 Page 3 of 6 13.Any critical areas impacted by the off-site sewer system construction, shall be mitigated in accordance with Auburn City Code including submittal of reports and plans. 14.AII utilities shall be placed within the public right-of-way. If utilities need to be placed on private property then access tracts with both a suitable width and driving surface shall be established. 15. The applicant shall provide sewer stubs to parcels adjacent to all sewer main extensions. 16. Sewer manholes shall be placed for ease of access for maintenance and to facilitate future main line extensions. 17. Proposed Conditions, Covenants and Restrictions (CC&Rs) for the future Homeowners' Association shall be submitted for review and approval by the City prior to final plat approval. This document shall specify the financial means of maintenance of all common open spaces. 18.AII tracts not dedicated to the City of Auburn shall be maintained by the future Homeowners' Association. 19. As part of the engineering/construction drawings submitted for construction of the subdivision, there shall also be submitted engineering/construction drawings for the construction of all park improvements. The park improvements shall be approved by the City of Auburn Parks Director prior to the approval of the construction drawings for the public infrastructure of the plat. The materials supplied and installed must meet the current City Parks, Arts and Recreation Department (Parks) standards and be approved by the Parks Director prior to installation and final plat approval. 20. Prior to final plat approval, the sight distance triangle at the southeast side of the intersection of South 328th Street and 56th Avenue South shall be dedicated as public right-of-way. Prior to vertical construction, vegetation within the sight distance triangle shall be removed and mechanisms in place to prevent the growth of vegetation which obscures sight lines within the sight distance triangle from a height between 3 feet and 8 feet. 21. Half street improvements shall be required for South 328th Street. When the applicant constructs the half street improvements for South 328th Street, the applicant shall also improve the north side of South 328th Street so that stormwater flows into the proper system and not down the driveway of Thomas Jones. Resolution 4088 October 6, 2006 Page 4 of 6 22. Half street improvements shall be required for 56th Avenue South and 58th Avenue South. The applicant could apply for a street delay request for these two roads. 23. The developer shall construct on-site gravity sanitary sewer lines and off site gravity sanitary sewer lines to the subject property. All lines shall be per Auburn Design Standards. 24. Prior to final plat approval, all existing septic tanks shall be abandoned per the King County Health Department requirements and copies of the approved abandonment papers from the Health Department shall be provided to the City prior to commencement of site grading. 25. Prior to review of civil plans and also as part of the final plat application submittal, the applicant shall provide a current certificate of water availability from Lakehaven Utility District. 26. Prior to final plat approval, the developer shall abandon existing wells, if any, per Washington State and King County Health Department regulations and deed/transfer the water rights for said wells over to the City of Auburn or to Lakehaven Utility District at the discretion of Lakehaven Utility District. 27. Prior to final plat approval, the developer shall dedicate right of way and construct all roads within the plat as local residential roads to City of Auburn Standards except where plat modifications are granted by City Council. 28. The final plat shall include a note that states no direct residential access to South 328th Street, 56th Avenue South, and 58th Avenue South is permitted. 29. Street trees shall be subject to approval by the City Engineer. A separate approval block shall be shown on the landscape plans for that purpose. 30. The final plat drawing shall include addresses for each lot as assigned by the City. 31. Fire hydrants and mains capable of providing the required fire flow shall be provided in accordance with the City of Auburn Design Standards. Fire hydrant location shall be approved by the Fire Marshal. 32. Prior to final acceptance of the public improvements, "No Parking this side" signs, in accordance with City of Auburn standard details, shall be installed. 33.Asbestos containing material shall be removed prior to demolition of on-site structures and disposed in accordance with the requirements of the Puget Sound Clean Air Agency, Washington State Department of Labor and Industries, and the King County Health Department. Resolution 4088 October 6, 2006 Page 5 of 6 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. i l't-~'- 0 . \ --~-ev- . Dated and Signed this : day of __ c;:tt) , 2006. ./ ~ PETE B. LEWIS, MAYOR ATTEST: /~~.. Danlelle E. Daskam, City Clerk Resolution 4088 October 6, 2006 Page 6 of 6 Exhibit A Number of Pages 12 BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN In the Matter of the Application of ) ) ) ) ) ) ) ) FINDINGS, CONCLUSIONS AND RECOMMENDA nON NO. PLT06-0001 STIPP'S MEADOW LLC For ApprovaLof a Preliminary Plat STIPP'S MEADOW SUMMARY OF RECOMMENDATION The Hearing Examiner for the City of Auburn recommends to the Auburn City Council that a request for approval of a preliminary plat to subdivide one parcel of land, approximately 4.06 acres in area, into 14 lots for future residential development, a new public road, and one tract to provide for storm water drainage be APPROVED, subject to conditions. SUMMARY OF RECORD Request: Stipp's Meadow LLC represented by Phillip Kitzes and Steven Lee (Applicant), requests approval of a preliminary plat application to subdivide one parcel of land, approximately 4.06 acres in area, into 14 lots for future residential development, a new public road, and one tract to provide for recreation and storm water. Potential residential development would include 14 single family residential lots. The subject property is located at 32810 56th Avenue South, Aubprn, Washington. Hearing Date: The Hearing Examiner for the City of Auburn held an open record hearing on the request on August 15,2006. Testimony: The following individuals presented testimony under oath at the open record hearing: 1. Elizabeth Chamberlain, Planner, City of Auburn 2. Joseph Welsh, Transportation Planner, City of Auburn 3. Tim Carlyle, Stormwater Engineer, City of Auburn 4. Phillip Kitzes, Stipp's Meadow LLC, for Applicant 5. Steven Lee, Stipp's Meadow LLC, for Applicant 6. Thomas Jones 7. Bill Worden City of Auburn Hearing Examiner Stipp's Meadow Preliminary Plat, P LT 06-000 I Page lof12 Exhibits: The following exhibits were admitted into the record: 1. Staff Report dated August 8, 2006 2. Preliminary Plat Application, undated 3. Notice of Application, dated June 3, 2006 4. Notice of Public Hearing, dated August 4,2006 5. Affidavit of Posting of Legal Notice By Staff, dated August 7,2006 6. Mitigated Determination of Non significance, dated July 10, 2006 7. Environmental Checklist, dated January 30, 2006 8. Stipp's Meadow Preliminary Plat Map Pages 1-5, Preferred Engineering, received August 8,2006 9. Preliminary Storm Drainage Report, prepared by Preferred Engineering, dated January 18,2006 10. Downstream Analysis Report, prepared by Preferred Engineering, dated April 2, 2006 11. Geotechnical Analysis, prepared by SubTerra, Inc, dated January 9, 2006 12. Supplemental Geotechnical Analysis, prepared by Bergquist Engineering Services, dated April 7, 2006 13. Traffic Impact Analysis, prepared by Christopher Brown & Assoc., dated December 19, 2005, with updated dated May 15, 2006 and June 22, 2006 14. Wetland Determination Report, prepared by Ecological Land Services, dated December 8,2005 . 15. Letter from Phillip Kitzes,PK Enterprises, to Dennis Dowdy regarding Plat Modification - Road Deviation Request #1, dated June 16,2006 16. Letter from Phillip Kitzes, PK Enterprises, to Dennis Dowdy regarding Plat Modification - Road Deviation Request #2, dated April 17, 2006 17. Letter from Phillip Kitzes, PK Enterprises, to Steve Pilcher regarding Special Exception for Public Agencies and Utilities, dated April 17, 2006 18. Letter from Phillip Kitzes, PK Enterprises, to Steve Pilcher regarding Variance Request for Lot Width, dated June 28, 2006 19. Determination of complete application dated May 18, 2006 20. Comments from King County Department of Transportation (KCDOT), Washington State Department of Transportation (WSDOT), and Lakehaven Utility District 21. Comment email from Bill Worden, dated August 15,2006 22. Comment email from Thomas P. Jones, dated August 14,2006 23. Certificate of Water Availability from Lakehaven Utility District dated January 13,2006 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 one parcel of land, approximately 4.06 acres, into 14 residential lots, a new public street, and a stormwater Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Stipp's Meadow LLC (Stipp's Meadow Preliminary Plat) PLT06-0001 Page 2 of 12 tract. The subject property is located at 32810 56th Ave South in Auburn, Washington. The parcel is identified by King County Parcel Number 9262800325.1 Exhibit 1, page 1; Exhibit 2, pages 1- 3; and Exhibit 8. 2. The site is currently occupied by a single-family residence. The Applicant proposes to remove the current structure as part of the development. Exhibit 1, page 2; and Exhibit 8. 3. The Applicant has authority to proceed with this application. The preliminary plat application and the King County Parcel database list the property owner as Audrey Stipp, but she did not initiate or sign the application. Steven Lee, Stipp's Meadow, LLC, testified that Audrey Stipp is deceased and that the property passed to James Stipp, her son, who signed the application in his own name and is working with Stipp's Meadow, LLC. Exhibit 1, page 1; and Exhibit 2. Testimony of Steven Lee. 4. Pursuant to Washington's State Environmental Policy Act (SEPA), RCW 43.2IC, the City of Auburn acted as lead agency for the identification and review of environmental impacts caused by the proposal. In addition to the SEP A Environmental Checklist, the Applicant submitted a Preliminary Storm Drainage, a Downstream Analysis Report, a Geotechnical Report, a Wetland Determination Report, and a Traffic Impact Analyais to the City for review. The City issued a Mitigated Determination of Nonsignificance (MDNS) on July 10,2006. There were no appeals. Exhibit 1, page 2; Exhibits 6, 7, 9, 10, 11,12,13, and 14. 5. The proposed development will not have a probable significant adverse environmental impact. Water and sewer will be provided to the development by public utilities. The site's stormwater will be handled on-site. There are no wetlands on or near the site. No threatened or endangered species is known to be present on site. Adequate transportation facilities will be available. Care will be taken during construction to mitigate noise, erosion, and other impacts inherent in construction. Exhibit 1, page 2; Exhibits 6, 7, 9, 10,14, and 23. 6. The subject property is zoned R-I, Single Family Residential, and is designated as Single Family Residential by Auburn's Comprehensive Plan. Exhibit 1, pages 1-3. The R-I zone is "intended to create a living environment of optimum standards for single-family dwellings. It is further intended to limit development to relatively low degrees of density." Auburn City Code (ACC) 18.12.010. The R-I zone permits detached single family dwellings and playgrounds. ACC 18.16.020(A), (D). 7. The proposed plat satisfies the R -1 zone development standards except the lot width requirements. Development standards within the R-I zone include: minimum lot size for single family dwellings - 8,000 square feet; minimum lot width - 75 feet; minimum lot depth - 100 feet. Required setbacks include: front yard - 25 feet; side yard - 5 feet 1 A legal description is included on page 3 of Exhibit 2. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Stipp's Meadow LLC (Stipp's Meadow Preliminary Plat) P LT06-000 1 Page 3 of 12 (interior, lot width less than 75 feet), 5 feet one side and 10 feet on the other (interior, lot width 75 feet or greater), 10 feet (street); rear yard - 25 feet. The Applicant proposed 14 single-family residential lots. The single-family lots range in size from 8,057 square feet to 11,924 square feet. The lots 3, 4, 5, 10, 11, and 12 have widths of 70 feet, the remaining lots have widths greater than 75 feet. ACe 18.12.040. Exhibits 1, pages 5-7, 8, and 18. Testimonies of Elizabeth Chamberlain and Phillip Kitzas. 8. Surrounding properties are similarly zoned and developed. Property to the north, south, and west are zoned R-4 by King County. Property to the east is occupied by the Mountain View Cemetery and is zoned Public Facilities, P-l. There are single family residences to the north, south, and west, including a subdivision north across South 328th Street. Exhibits 1, pages 2-3; Exhibits 8, 21, and 22. 9. This proposed plat, Stipp's Meadow, is being developed in conjunction with another proposed plat nearby, Mountain View Estates (File No. PL T06-0002). The stormwater tract included on the Stipp's Meadow plat will be the stormwater facility for both proposed plats. Access for Mountain View Estates will also rely on South 328th Street. Additionally, the Applicant proposes to extend City of Auburn sewer service to the area in order to serve both proposed plats. Exhibits 1, pages 4 and 6; Exhibits 6, 13, 17, 21, and 22. Testimonies of Elizabeth Chamberlain and Phil Kitzas. 10. The local street system is adequate to accommodate the proposed development. The subject property is located on the east side of 56th A venue South, a Collector Arterial, and the south side of South 328th Street, a Subcollector. A traffic impact study was conducted to evaluate the combined impacts of Stipp's Meadow and Mountain View Estates. The addition of the new trips to the AM and PM peak hours will not cause any nearby intersections to fall below level of service 'E'. The Applicant provided further study data to address the concerns expressed by King County and the County has no further comment. Joseph Welsh, Transportation Engineer, City of Auburn, testified that the City is satisfied with current provisions and that the comments from WSDOT have been appropriately considered. No information was presented about the relationship between the proposed plat and Auburn's implementation of transportation concurrency.2 Exhibits 1, page 2; 8; 13; and 20. Testimonies of Elizabeth Chamberlain and Joseph Welsh. 11. Transportation access to Stipp's Meadow is both appropriate and adequate. Stipp's Meadow will build a new public road and all of its lots will access the existing road network through the new road. The intersection of the new road and South 328th Street 2 RCW 36.70A.070(6)(b) requires local jurisdictions, including the City of Auburn, to "adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan." Auburn's concurrency policies are set forth in its comprehensive plan at page 7-16. The policies are numbered TR-17 and TR-18. City of Auburn Comprehensive Plan with revisions through December 2004, Section 7, Transportation. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Stipp's Meadow LLC (Stipp's Meadow Preliminary Plat) PLT06-0001 Page 4 of 12 is more than 125 feet from the nearby intersections of South 328th Street with 56th Avenue South and 57th Avenue South. The proposed spacing is appropriate for the size of the proposed development and the current use of the road. Secondary emergency access will be available through a gated, privately-maintained section of 58th Avenue South. Exhibit 1, page 2; and Exhibit 8. Testimonies of Joseph Welsh and Phillip Kitzas. 12. The Applicant requested two Road Deviations for improvements related to Stipp's Meadow; both are acceptable. The first request is for a deviation from the standard road grade of 6%. The Applicant's proposal would create a 6.5% grade at the intersection of the new public road and South 328th Street. South 328th Street is not presently developed to City standards, but it does meet the emergency vehicle access requirements including a grade of less than 12%. The Applicant will engage in half-street improvement along both the site's South 328th Street and its 56th Avenue South frontage, but will not re-grade the roads to City standards. The second request is for a deviation from the standard centerline radius from 375 feet to 55 feet. Since the road will serve such a small number of vehicles, the deviation is acceptable. Exhibit 1, page 9; Exhibits 15 and 16. Testimony of Joseph Welsh. 13. The Applicant proposes to connect to the City of Auburn sanitary sewer service and obtain water from the Lakehaven Utility District. The City testified that plat would use the City's sewer service and that sufficient capacity was available. The Applicant provided a certificate of availability from the Lakehaven Utility District. Exhibit 2, page 1; and Exhibit 23. Testimony of Elizabeth Chamberlain. 14. The Applicant proposes to extend the City's sewer system 1,800 linear feet and an unspecified number of vertical feet from the valley floor to serve the new developments. The line will sometimes follow a gradient greater than 70%. There are some questions about the stability of the slope and the exact path of the new sewer line, but the City will be working closely with the developer to ensure the project is completed properly. Exhibits 11 and 17. Testimony of Elizabeth Chamberlain. 15. The development will pay school impact fees at the time of building permit issuance to mitigate its impacts on the school system. The proposal is within the Auburn School District. Elementary age children will most likely attend the Evergreen Heights Elementary School. The proposal includes building sidewalks to the school bus stop at South 328th Street and 56th Avenue South. Exhibit 1, pages 4 and 8. 16. The proposed plat includes a grassy playfield as part of Tract A, the stormwater detention facility. The grass playfield will be maintained by the homeowners' association. The City of Auburn Parks Department has determined that this space is adequate provision for the open space and recreational needs of the plat's future residents. Exhibit 1, pages 4 and 10; and Exhibit 8. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Stipp's Meadow LLC (Stipp's Meadow Preliminary Plat) PLT06-0001 Page 5 of 12 17. The plat's 70-foot lot width for lots 3, 4, 5, 10, 11, and 12 are acceptable; a lot width of 75-feet is generally required in the R-I zone. Due to the narrowness of the lot and the City's requirement that the lots do not directly access to either South 328th Street or 56th Avenue South, the only way to achieve Auburn's density goals is to reduce the lot width for lots 3, 4,5, 10, 11, and 12. The surrounding zoning, King County R-4, has a lot width requirement of 30 feet. Exhibits 1, 18. Testimonies of Elizabeth Chamberlain and Phillip Kitzas. 18. The Stipp's Meadow plat makes sufficient provision for stormwater detention and treatment for both the Stipp's Meadow development and the proposed Mountain View Estates development. Building a single detention pond for both developments is also more efficient and cost-effective for the City since it will then have only one site to maintain. The proposed storm water system will resolve existing deficiencies in the present stormwater system. The storage pond will be fenced. Exhibit 1, page 8; and Exhibit 9. Testimonies of Elizabeth Chamberlain and Tim Carlyle. 19. The City of Auburn Comprehensive Plan sets forth goals for density, housing diversity, and neighborhoods that are relevant to this proposal. Policy LU-14 states that the majority of single family residential development should be done at a density between 4 and 6 dwelling units per acre. This policy is echoed in Chapter 18.12 ACC. Objectives .7.2 and 7.3 both support the development of more single family homes. Exhibit 1, page 3. A City of Auburn Comprehensive Plan with revisions through December 2004 pages 3-14 to 3-16. 20. Thomas Jones attended the hearing and raised concerns about the proposed development's provisions for stormwater and vehicle access. Mr. Jones stated that stormwater presently runs down his driveway during heavy rains and that he did not understand how adding more impervious surface uphill from him would improve his situation. In reference to vehicle access, Mr. Jones testified that he thought the plat should have direct access to 56th Avenue South, that 58th Avenue South should be fully connected to the street system by a road other than South 328th Street, and that connecting the plat to South 328th Street would cause problems during high traffic periods. In his comment email, he also requested that the City of Auburn sewer line, which the Applicant proposes to extend into the area, be stubbed out to all neighboring properties. Stub outs will be provided. Exhibit 1, page 11; Exhibit 22. Testimony of Thomas Jones. 21. Thomas Jones's stormwater and traffic concerns were addressed at the hearing. Phillip Kitzas offered to improve the street in front of Mr. Jones's house in order to direct stormwater into the existing system. Tim Carlyle, Stormwater Engineer, City of Auburn, testified that the new development would not produce any additional runoff toward the Jones's property. Joseph Welsh, Transportation Planner, City of Auburn, testified that using South 328th Street for the access road was the safest option and that current Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Stipp's Meadow LLC (Stipp's Meadow Preliminary Plat) PLT06-0001 Page 6 of 12 proposal satisfied all safety considerations. Testimonies of Tim Carlaw, Joseph Welsh, Phillip Kitzas, and Steven Lee. 22. At the hearing, Bill Warden presented requests that 58th Avenue South be extended south to Mountain View Road; that the whole of South 328th Street to be improved and not just the frontage onto Stipp's Meadow; and that the Stipp's Meadow stormwater system connect with the area's existing stormwater system. Testimony from the City's staff stated that both the current stormwater and street proposals were appropriate without modification. In his email comment, he also stated that the development presented an excellent opportunity for the homes along the north side of South 328th Street to be connected to natural gas.3 Exhibit 21. Testimonies of Bill Warden, Joseph Welsh, and Tim Carlaw. 23. Sufficient notice of the hearing was given by the City of Auburn. Notice of the hearing was posted at the site on August 3, 2006. Notice of the hearing was mailed to all property owners within 300 feet of the site.4 Exhibits 4 and 5. CONCLUSIONS Jurisdiction Pursuant to Auburn City Code (ACC) 18.66, the Hearings Examiner is granted jurisdiction to hear and make recommendations to the City Council. Jurisdiction for the Hearings Examiner to make recommendations for approval of a preliminary plat is pursuant to ACC 14.03.040(A) and 17.06.050. Criteria for Review In order to approve a preliminary plat, pursuant to ACC 17.06.070, the Applicant must have provided support for 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 to the general purposes of the City of Auburn's Comprehensive Plan, to the general purpose of Title 17.02, and to the general purposes of any other applicable policies or plan which have been adopted by the City Council. 3. Conformance to the City of Auburn's zoning ordinance and any other applicable planning or engineering standard and specifications. 3 Mr. Warden is encouraged to discuss this opportunity with the Applicant, but the Hearing Examiner can not require the Applicant to provide such service to the neighborhood. See RCW 82.02.050. 4 ACC 17 .06.030(C)(1) requires publication in a newspaper of general circulation within the county where the land for the proposed subdivision is located. The record does not include evidence of such publication. Additionally, the record does not specify when the notice was mailed to property owners within 300 feet. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Stipp's Meadow LLC (Stipp's Meadow Preliminary Plat) P LT06-000 1 Page 7 of 12 4. Potential environmental impacts of the proposal have been mitigated such that the proposal will not have an unacceptable adverse effect upon the quality of the environment. 5. Adequate provisions have been made so that the preliminary plat will prevent or abate public nuisances. Conclusions Based on Findings 1. Adequate provIsions have been 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, and sites for schools and school grounds. The Applicant has made provisions for streets with sidewalks for pedestrian safety, including safe walking for school children. The proposed new public street and improvements to existing public streets will provide adequate vehicle access. The proposal sets aside adequate open space for recreation on-site. The plat will be connected to public utilities for water and sanitary wastes. Findings 1, 5, 7, 10, 11, 13, 15, 16, 18, and 21. 2. The plat conforms to the general purposes of the City of Auburn's Comprehensive Plan, Title 17.02 (Subdivisions), and to the general purposes of any other applicable policies or plan which have been adopted by the City Council. As conditioned, the subdivision would be consistent with the purposes and regulations of the subdivision title, substantially consistent with the City's design and construction standards, and would be consistent with the goals, objectives, and policies of the City's Comprehensive Plan. Findings 6, 7, 12, 15, 17, and 19. 3. The plat conforms to the City of Auburn's zoning ordinance, Title 18, and any other applicable planning or engineering standard and specifications. With conditions, the Applicant's proposal substantially complies with all related City codes and standards including development standards for the R-l zoning district. Physical conditions at the site require small deviations from the planning and engineering standards, but deviations will not change the character of the neighborhood nor impair public welfare. Findings 6, 7, 12, 15, 16, 17, and 19. 4. Potential environmental impacts of the proposal have been mitigated such that the proposal will not have an unacceptable adverse effect upon the quality of the environment. The City, acting as the lead agency, determined that, as proposed, the Plat does not have a probable significant adverse impact on the environment. No wetlands or protected species exist on site. The storm water system will prevent runoff from damaging nearby land. Findings 4, 5, and 18. 5. Adequate provisions have been made so that the preliminary plat will prevent or abate public nuisances. Public Nuisances are addressed generally throughout the ACe 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. The new public street and half-street Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Stipp's Meadow LLC (Stipp's Meadow Preliminary Plat) PLT06-0001 Page 8 of 12 improvements to surrounding streets will ensure safe pedestrian and traffic access within the development. Connection to public sewer and water will limit impacts on public health. Additionally the proposed plat will alleviate existing stormwater problems in the area. Conclusion 1. Findings 14, 18, and 21. RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner for the City of Auburn recommends to the Auburn City Council that the request for approval of preliminary plat to subdivide a parcel of land, approximately 4.06 acres in area, into 14 residential lots, a new public road, and a stormwater tract be APPROVED, subject to the following conditions:5 1. The proposal shall conform to the following City of Auburn regulations and standards: . ACC Title 10 - Vehicles and Traffic . ACC Title 12 - Streets, Sidewalks and Public Works . ACC Title 13 - Water, Sewer, and Public Utilities . ACC Title 14 - Project Review . ACC Title 15 - Buildings and Construction . ACC Title 16 - Environmental . ACC Title 17 - Subdivisions . ACC Title 18 - Zoning . ACC Title 19 - Impact Fees . City of Auburn Construction and Design Standards 2. Mitigation measures as outlined in the Mitigated Determination of Nonsignificance (MDNS) date July 10, 2006 shall be completed prior to final plat approval. 3. Prior to final plat approval, a landscaping plan with applicable cross sections is required, to show that the storm drainage pond aesthetic requirements consistent with city standards can be accommodated on site. 4. On-site drainage flows from the proposed plat of Mountain View Estates shall be directed to the proposed on-site storm drainage facility for the Stipp's Meadow Preliminary Plat. 5. Vehicle access for maintenance to all proposed storm drainage structures shall be required per the City of Auburn Design Standards. To provide an adequate and safe storm pond access, an appropriately designed pull-off shall be provided from the proposed plat to serve the pond. 6. All storm drainage conveyance lines required to manage the upstream bypass surface flows shall not be combined with the proposed on-site storm drainage system. Maintenance access shall be provided to all structures proposed to be in public ownership. 5 Conditions include both legal requirements applicable to all developments and conditions to mitigate the specific impacts ofthis development. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Stipp's Meadow LLC (Stipp's Meadow Preliminary Plat) PLT06-0001 Page 9 of 12 7. Public storm drainage facilities shall be constructed to adequately manage the storm water quantity and quality impacts from the proposed public street improvements associated with the project. Storm drainage from the public street improvements shall not drain onto private properties. The possibility of connecting the new stormwater improvements to nearby existing systems should be explored. 8. Given the existing on-site drainage deficiencies with the natural downstream drainage course in the vicinity of Mountain View Cemetery, the following off-site improvements are required to be constructed prior to on-site grading activities: . New drainage facilities shall be constructed within the existing 58th A venue South right-of- way, south from the proposed plat to Mt. View Drive. 9. The Homeowners Association shall maintain those portions of the stormwater tract located outside the fenced pond boundary. 10. Prior to issuance of clearing or grading permits, a grading plan for grading and clearing necessary for both the construction of infrastructure such as roads and utilities and for lot grading shall be submitted and approved by the City of Auburn. The purpose ofthe plan should be to accomplish the maximum amount of grading at one time to limit or avoid the need for subsequent grading and disturbance, including grading of individual lots during home construction. This plan shall show quantities and locations of excavations, and embankments, the design of temporary storm drainage detention system, and methods of preventing drainage, erosion and sedimentation from impacting adjacent properties, natural and public storm drainage systems and other near by sensitive areas. All the measures shall be implemented prior to beginning phased on-site filling, grading or construction activities. 11. The applicant shall secure easements from the City of Auburn Parks Department prior to the issuance of a F AC permit for sewer main extension along the north property line of the Mountain View Cemetery. If the off-site sewer main improvements extend onto the property north of Mountain View Cemetery, then the applicant shall secure easements from the property owner. 12. Prior to issuance of grading and FAC permits, the applicant shall submit further geotechnical analysis of the sewer main extension from the valley floor, along the north property line of the Mountain View Cemetery, to the project site. 13. Any critical areas impacted by the off-site sewer system construction, shall be mitigated in accordance with Auburn City Code including submittal of reports and plans. 14. All utilities shall be placed within the public right-of-way. If utilities need to be placed on private property then access tracts with both a suitable width and driving surface shall be established. 15. The applicant shall provide sewer stubs to parcels adjacent to all sewer main extensions. 16. Sewer manholes shall be placed for ease of access for maintenance and to facilitate future main line extensions. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Stipp's Meadow LLC (Stipp's Meadow Preliminary Plat) PLT06-0001 Page 10 of 12 17. Proposed Conditions, Covenants and Restrictions (CC&Rs) for the future Homeowners' Association shall be submitted for review and approval by the City prior to final plat approval. This document shall specify the financial means of maintenance of all common open spaces. 18. All tracts not dedicated to the City of Auburn shall be maintained by the future Homeowners' Association. 19. As part of the engineering/construction drawings submitted for construction of the subdivision, there shall also be submitted engineering/construction drawings for the construction of all park improvements. The park improvements shall be approved by the City of Auburn Parks Director prior to the approval of the construction drawings for the public infrastructure of the plat. The materials supplied and installed must meet the current City Parks, Arts and Recreation Department (Parks) standards and be approved by the Parks Director prior to installation and final plat approval. 20. Prior to final plat approval, the sight distance triangle at the southeast side of the intersection of South 328th Street and 56th Avenue South shall be dedicated as public right-of-way. Prior to vertical construction, vegetation within the sight distance triangle shall be removed and mechanisms in place to prevent the growth of vegetation which obscures sight lines within the sight distance triangle from a height between 3 feet and 8 feet. 21. Half street improvements shall be required for South 328th Street. When the applicant constructs the half street improvements for South 328th Street, the applicant shall also improve the north side of South 328th Street so that stormwater flows into the proper system and not down the driveway of Thomas Jones. 22. Half street improvements shall be required for 56th Avenue South and 58th Avenue South. The applicant could apply for a street delay request for these two roads. 23. The developer shall construct on-site gravity sanitary sewer lines and off site gravity sanitary sewer lines to the subject property. All lines shall be per Auburn Design Standards. 24. Prior to final plat approval, all existing septic tanks shall be abandoned per the King County Health Department requirements and copies of the approved abandonment papers from the Health Department shall be provided to the City prior to commencement of site grading. 25. Prior to review of civil plans and also as part of the final plat application submittal, the applicant shall provide a current certificate of water availability from Lakehaven Utility District. 26. Prior to final plat approval, the developer shall abandon existing wells, if any, per Washington State and King County Health Department regulations and deed/transfer the water rights for said wells over to the City of Auburn or to Lakehaven Utility District at the discretion of Lakehaven Utility District. 27. Prior to final plat approval, the developer shall dedicate right of way and construct all roads within the plat as local residential roads to City of Auburn Standards except where plat modifications are granted by City Council. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Stipp's Meadow LLC (Stipp's Meadow Preliminary Plat) P LT06-000 1 Page II of 12 28. The final plat shall include a note that states no direct residential access to South 328tb Street, 56th Avenue South, and 58th Avenue South is permitted. 29. Street trees shall be subject to approval by the City Engineer. A separate approval block shall be shown on the landscape plans for that purpose. 30. The final plat drawing shall include addresses for each lot as assigned by the City. 31. Fire hydrants and mains capable of providing the required fire flow shall be provided in accordance with the City of Auburn Design Standards. Fire hydrant location shall be approved by the Fire Marshal. 32. Prior to final acceptance of the public improvements, "No Parking this side" signs, in accordance with City of Auburn standard details, shall be installed. 33. Asbestos containing material shall be removed prior to demolition of on-site structures and disposed in accordance with the requirements ofthe Puget Sound Clean Air Agency, Washington State Department of Labor and Industries, and the King County Health Department. Decided this 23rd day of August 2006 --=rK~~~ THEODORE PAUL HUNTER Hearing Examiner for the City of Auburn Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Stipp's Meadow LLC (Stipp's Meadow Preliminary Plat) PLT06-0001 Page 12 of12 Exhibit B Legal Description TRACT 59, WEST AUBURN FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 15 OF PLATS, PAGE 12, IN KING COUNTY, WASHINGTON. Resolution 4088 September 18, 2006 Page 1 of 1