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RESOLUTION NO. 4096
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING A
PRELIMINARY PLAT APPLICATION TO SUBDIVIDE
9.01 ACRES INTO 30 LOTS AND ONE TRACT FOR
PARK FACILITIES WITH ONE PLAT MODIFICATION,
WITHIN THE CITY OF AUBURN, WASHINGTON
WHEREAS, Application No. PL T06-0002, dated January 31, 2006, has
been submitted to the City of Auburn, Washington, by Prius Tri-Land Group LLC,
requesting approval of a preliminary plat application to subdivide 9.01 acres into
30 lots for future residential development with one plat modification, and park
tracts within the City of Auburn, Washington; and
WHEREAS, said request above was referred to the Hearing Examiner
for study 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 25, 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 4096
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 9.01
acres into 30 lots for future residential development, and street and park 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
. ACe 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.
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. If the Stipp's Meadow Preliminary Plat
is never constructed then an alternate storm drainage design is required
for the plat of Mountain View Estates
5. Pipeline conveyance improvements necessary to convey on-site drainage
flows from the Mountain View Estates preliminary plat to the storm
Resolution 4096
October 6, 2006
Page 2 of 6
drainage facility for the Stipp's Meadow preliminary plat, shall be designed
for the 1 OO-year post-development flow.
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.
8. 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.
9. 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.
10. 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 Mountain View Cemetery, to the project
site to review and analyze steep slope construction techniques and flow
velocities.
11.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.
Resolution 4096
October 6, 2006
Page 3 of 6
12.AII utilities shall be placed within the public right-of-way. If utilities need to
be placed on private property then access tracts with suitable driving
surfaces shall be established.
13. The applicant shall provide sewer stubs to adjacent parcels.
14. Sewer manholes shall be placed for ease of access for maintenance and
to facilitate future main line extensions and avoid 90 degree bends.
15. 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.
16.AII tracts not dedicated to the City of Auburn shall be maintained by the
future Homeowners' Association.
17. 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.
18. Prior to final plat approval, the si~ht distance triangle at the southeast side
of the intersection of South 328 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.
19. Half street improvements shall be required for 58th Avenue South.
20. 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.
21. 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.
Resolution 4096
October 6, 2006
Page 4 of 6
22. 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.
23. 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 the Lakehaven Utility District at the sole discretion of
the Lakehaven Utility District.
24. 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.
25. The final plat shall include a note that states no direct residential access to
58th Avenue South is permitted.
26. 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.
27. The final plat drawing shall include addresses for each lot as assigned by
the City.
28. 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.
29. Prior to final acceptance of the public improvements, "No Parking this
side" signs, in accordance with City of Auburn standard details, shall be
installed along the new residential cul-de-sacs.
30. Prior to final acceptance of the pubic improvements, the proposed
hammerhead turn-a-round and access tracts shall be signed and marked
"Fire Lane" in accordance with ACC 10.36.175.
31. The existing secondary access gate across South 322nd Place shall be
installed with a Rapid Access Electric Key Switch (Knox).
32. The applicant shall work with the Fire Department and King County on
installation of a controlled access system at the north boundary of the
project to prevent vehicular access north along 58th Avenue South. The
controlled access shall be installed with a Rapid Access Electric Key
Switch (Knox). The system shall be purchased and installed at the
Resolution 4096
October 6, 2006
Page 5 of 6
expense of the applicant. The final system must be acceptable to the Fire
Department.
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.
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
Il'tAaay of ()ok,\cwy ,2006.
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PETER B. LEWIS,
MAYOR
ATTEST:
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'Danielle E. Daskam,
City Clerk
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Resolution 4096
October 6, 2006
Page 6 of 6
Exhibit A
Number oCPages 12
BEFORE THE HEARING EXAMINER
FOR THE CITY OF AUBURN
In the Matter of the Application of
NO. PL T06-0002
PRIUS TRI-LAND GROUP LLC
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FINDINGS, CONCLUSIONS
AND RECOMMENDATION
For Approval of a Preliminary Plat
MOUNTAIN VIEW EST A TES
SUMMARY OF RECOMMENDATION
The Hearing Examiner for the City of Auburn recommends to the Auburn City Council that the
Mountain View Estates preliminary plat be APPROVED, subject to conditions.
SUMMARY OF RECORD
Request:
Prius Tri-Land Group LLC represented by its member, Phillip Kitzes, (Applicant), requests
approval of a preliminary plat application to subdivide two parcels of land, approximately 9
acres in combined area, into 30 lots for future single-family residential development, two new
public roads, and one park tract. The subject property is located at 32516 58th Avenue South,
Auburn, 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. Phillip Kitzes, Stipp's Meadow LLC, for Applicant
4. Thomas Jones
Page 1 of 12
Exhibits:
The following exhibits were admitted into the record:
1. Staff Report dated August 8, 2006
2. Preliminary Plat Application received January 31, 2006
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 Staff1 dated August 7,2006
6. Mitigated Determination of Nonsignificance dated July 10,2006
7. Determination of Completeness dated May 18,2006
8. Environmental Checklist dated June 28, 2006
9. Mountain View Estates Preliminary Plat Map Pages 1-8, Preferred Engineering, received
August 8, 2006
10. Storm Drainage Report prepared by Preferred Engineering dated January 27, 2006
11. Downstream Analysis Report prepared by Preferred Engineering dated April 17, 2006
12. Slope Assessment of Sewer Alignment prepared by SubTerra, Inc dated January 9, 2006
13. Geotechnical Analysis prepared by Bergquist Engineering Services dated April 7, 2006
14. Wetland Determination Report prepared by Ecological Land Services dated December 8,
2005
15. Update to Wetland Report by Preferred Engineering dated June 26, 2006
16. Traffic Impact Analysis, prepared by Christopher Brown & Assoc., dated December 19,
2005, with updated dated May 15,2006 and June 22, 2006
17. Letter from Phillip Kitzes, PK Enterprises, to Dennis Dowdy regarding Plat Modification
- Road Deviation Request # 1, dated June 16, 2006
18. Letter from Phillip Kitzes, PK Enterprises, to Dennis Dowdy regarding Plat Modification
- Road Deviation Request #2, dated April 17, 2006
19. Letter from Phillip Kitzes, PK Enterprises, to Steve Pilcher regarding Special Exception
for Public Agencies and Utilities, dated April 17, 2006
20. Letter from Phillip Kitzes, PK Enterprises, to Steve Pilcher regarding Variance Request
for Lot Width, dated June 28, 2006
21. Comments from Muckleshoot Indian Tribe, Washington State Department of
Transportation (WSDOT), and Lakehaven Utility District
22. Comment email from Thomas P. Jones, dated August 14,2006
23. Emergency Secondary Access Map dated April 17, 2006
1 Laura Kight's affidavit is titled "Affidavit of Mailing of Legal Notice By Staff' but in its text Laura Kight only
certifies that she "affix[ed] a Notice of Public Hearing. . . to the land use posting board erected at the above site."
Exhibit 3, page 2, This oversight should be corrected in future affidavits. Despite this, it is clear that reasonable
notice of the hearing was given.
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Prius Tri-Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002
Page 2 of 12
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 two parcels of land,
approximately 9 acres in combined area, into 30 residential lots, two new public streets,
and a park tract. The subject property is located at 32516 58th Avenue South in Auburn,
Washington. The parcel is identified by King County Parcel Numbers 9262800210 and
9262800280.2 Exhibit 1, page 1. Exhibit 2, pages 1- 3. Exhibit 9.
2. The site is currently occupied by a single-family residence. The Applicant proposes to
retain the current structure on lot 6. Exhibit 1, page 2. Exhibit 9.
3. This proposed plat, Mountain View Estates, is being developed in conjunction with
another proposed plat nearby, Stipp's Meadow (File No. PLT06-000l). The stormwater
tract included on the Stipp's Meadow plat will hold the stormwater facility for both
proposed plats. Additionally, the Applicant proposes to extend City of Auburn sewer
service to the area in order to serve both proposed plats. Exhibit 1, page 10. Exhibit 8,
pages 3 and 8. Exhibits 12, 15, 19, and 22. Testimonies of Elizabeth Chamberlain and
Phillip Kitzes.
4. 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 detained and treated at the nearby Stipp's Meadow
development. The site is not within a wetland or stream buffer. 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
problems inherent in construction. Exhibit 1, page 2. Exhibits 2, 6, 8, 14, 15, 19, and 20.
Testimony of Elizabeth Chamberlain.
5. 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).
6. The proposed plat satisfies the R-I zone development standards except the lot depth
requirement on lots 5 and 9. 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;
2 A legal description is included on page 3 of Exhibit 2.
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Prius Tri-Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002
Page 3 of 12
side yard - 5 feet (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 proposes 30 single-family residential lots. The single-family lots range in size
from 8,048 square feet to 17,378 square feet. The proposed lots 5 and 9 each have a
depth of only 75 feet although they have greater widths. ACC 18.12.040. Exhibit 1,
pages 1 and 5; Exhibits 9 and 20.
7. The short lot depth for lot 5 is a necessitated by the physical aspects of the parcels. The
slope in the northeast corner of the site prevents building and is set aside as a Natural
Growth Protection Area. Additionally, the dimensions of the parcels require that both
lots be accessed by a private drive, but the private drive is treated as a public street for set
back requirements. The dimensions also affect the lot layout; in this case, if the lot width
was taken as the depth then the lots would be fully compliant. Even allowing these
slightly shallower lots, the density of the development is below the targeted minimum of
4 units per acre and is far below the zoning maximum of 5.4. Exhibit 1, pages 6-8;
Exhibits 9 and 20.
8. Surrounding properties are similarly zoned and developed. Properties to the north and
west are in King County and zoned R-4 (4-6 dwelling units/acre). The property to the
east is zoned RS, Single Family Residential. These surrounding properties are already
developed with residences. The property to the south is zoned Public Facilities, P-I, and
is vacant. Exhibits 1, page 3; Exhibits 9 and 23. King County Code 21A.12.030(A).
9. The local street system is adequate to accommodate the proposed development. The
subject property is located on the east side of 58th Avenue South. Vehicular access to the
property will rely upon 56th Avenue South and South 328th Street. A traffic impact
study was conducted to evaluate the combined impacts of Stipp's Meadow and Mountain
View Estates. Mountain View Estates will generate 30 new PM peak hour trips. 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. Exhibits
1, pages 2 and 3. Exhibits 9, 16, 21, and 23. Testimonies of Elizabeth Chamberlain and
Joseph Welsh.
3 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
Prius Tri-Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002
Page 4 of 12
10. Emergency access to Mountain View Estates is both appropriate and adequate.
Emergency access will be available through 58th Avenue South. Emergency vehicles
will be able to access 58th Avenue South by two separate approaches. The first is the
public access via South 328th Street from its intersection with 56th Avenue South. The
second access is from South 322nd Place from its intersection with 56th Avenue South.
Exhibit 1, pages 2 and 3; and Exhibits 9 and 23. Testimonies of Joseph Welsh and
Phillip Kitzes.
11. The access to lots 2 and 3 is acceptable to the City. All the other lots will access 58th
Avenue South by new public streets, but lots 2 and 3 will access 58th Avenue South by a
joint private drive. Lot 2 will not be allowed to directly access 58th Avenue South at any
time. The separation between the private drive and nearby intersections is sufficient.
Exhibit 9. Testimony of Joseph Welsh.
12. The Applicant requested two Road Deviations for improvements related to Mountain
View Estates. The first request is for a deviation from the standard road grade of 6%
along 58th Avenue South. The Applicant's proposal improves on the existing grade that
varies between 5 and 17 percent by creating a road that is usually less than 6% but
occasionally increases to 8.7%. Emergency vehicle access requires a grade of less than
12%. The second request is for a deviation from the standard centerline radius from 375
feet to 50 feet. Since the road will serve such a small number of vehicles, the deviation
does not pose a safety concern. Exhibit 1, page 10. Exhibits 17 and 18. 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. Lakehaven did not
express any concerns in its comments. Exhibit 2, page 1. Exhibits 19 and 21. 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 12 and 19. 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 along 58th Avenue South
for the length of the project. The related Stipp's Meadow development will provide
sidewalks along most of South 328th Street. Together these improvements will provide
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Prius Tri-Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002
Page 5 of 12
safe pedestrian access to the school bus stop along 56th Avenue South for schoolchildren.
Exhibit 1, pages 4, 5, and 9.
16. The proposed plat includes a park, labeled Tract A, bordering lots 6 and 9. 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. Open space will also be
provided by a Native Growth Retention Area labeled Tract C and located along a slope in
the northeast corner of the site. Exhibit 1, page 4; and Exhibit 9.
17. 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
easier for the City since it will then have only one site to maintain. The proposed
stormwater system will resolve existing deficiencies in the present storm water system.
The storage pond will be fenced. Exhibit 1, page 11. Exhibit 9. Testimony of Elizabeth
Chamberlain.
18. The City of Auburn Comprehensive Plan sets forth goals for density, housing diversity,
and neighborhoods that are relevant to this proposal. Policy LU-I4 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. City of Auburn Comprehensive Plan with revisions through December 2004 pages 3-
14 to 3-16.
19. Thomas Jones attended the hearing and spoke to his concerns about the proposed
development's provisions vehicle access. Thomas Jones testified that he thought 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. Exhibit 22. Testimony of Thomas Jones.
20. Joseph Welsh, Transportation Planner, City of Auburn, testified that using South 328th
Street for the access road was a safe option and that current proposal satisfied all safety
considerations for emergency access. Testimony of Joseph Welsh.
21. 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.
4 ACe l7.06.030(C)(l) 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. However, notice was posted
and thus reasonable notice of the hearing was given in accordance with legal requirements.
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Prius Tri-Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002
Page 6 of 12
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.
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. With
conditions, the proposed plat will adequately provide for streets with sidewalks for
pedestrian safety, including safe walking for school children. Schools will be provided
for through impact fees at the time of building permit issuance. Stormwater from the
proposed plat will be detained and treated at facilities incorporated in the nearby Stipp's
Meadow development. The proposed new public streets and street improvements will
provide adequate vehicle access for regular users. The provisions for secondary
emergency access area also sufficient. 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, 3, 4, 9, 10, 12, 13, 14, 15, 16, 17, and 20.
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
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Prius Tri-Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002
Page 7 of 12
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.
Conclusion 1. Findings 5, 6, 7,8, and 18.
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-I 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 5,
6, 7, 8, 12, and 20.
4. Lots 5 and 9 meet the requirements for a lot depth variance.s The 75 foot lot depth is
necessitated by the physical character of the site, including its dimensions and a steep
slope. The short depth will not allow for greater lots than the zoning, would help the
development comply with the comprehensive plan, and would not adversely affect
surrounding properties. The lots are a reasonable and harmonious use of the land and
allow the owner to achieve lots yields similar to those enjoyed by others in the area.
Findings 1, 5, 6, 7, and 8.
5. 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, 9, 13, 16, and 17.
6. Adequate provisions have been made so that the preliminary plat will prevent or
abate 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. The new public streets and half-street
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. Conclusion 1. Findings 4, 7, 12, 13, and 20.
5 ACC 18.70.010
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Prius Tri-Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002
Page 8 of 12
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 two parcels of land, approximately 9 acres in combined area, into 30 residential lots,
two new public roads, and a recreation area be APPROVED, subject to the following
d. . 6
con 1tlons:
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.
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. If the Stipp's
Meadow Preliminary Plat is never constructed then an alternate storm drainage design is required
for the plat of Mountain View Estates
5. Pipeline conveyance improvements necessary to convey on-site drainage flows from the
Mountain View Estates preliminary plat to the storm drainage facility for the Stipp's Meadow
preliminary plat, shall be designed for the 1 OO-year post-development flow.
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.
6 Conditions include both legal requirements applicable to all developments and conditions to mitigate the specific
impacts of this development.
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Prius Tri-Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002
Page 9 of 12
8. 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.
9. The applicant shall secure easements from the City of Auburn Parks Department prior to the
issuance of a FA C permit for sewer main extension along the north property 1 ine 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.
10. Prior to issuance of grading and F AC permits, the applicant shall submit further geotechnical
analysis of the sewer main extension from the valley floor, along the north property line
Mountain View Cemetery, to the project site to review and analyze steep slope construction
techniques and flow velocities.
11. 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.
12. All utilities shall be placed within the public right-of-way. If utilities need to be placed on private
property then access tracts with suitable driving surfaces shall be established.
13. The applicant shall provide sewer stubs to adjacent parcels.
14. Sewer manholes shall be placed for ease of access for maintenance and to facilitate future main
line extensions and avoid 90 degree bends.
15. 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.
16. All tracts not dedicated to the City of Auburn shall be maintained by the future Homeowners'
Association.
17. 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.
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Prius Tri-Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002
Page 10 of 12
18. 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.
19. Half street improvements shall be required for 58th Avenue South.
20. 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.
21. 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.
22. 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.
23. 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 the Lakehaven Utility District at the sole discretion of the
Lakehaven Utility District.
24. 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.
25. The final plat shall include a note that states no direct residential access to 58th Avenue South is
permitted.
26. 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.
27. The final plat drawing shall include addresses for each lot as assigned by the City.
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Prius Tri-Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002
Page 11 of 12
28. 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.
29. Prior to final acceptance of the public improvements, "No Parking this side" signs, in accordance
with City of Auburn standard details, shall be installed along the new residential cul-de-sacs.
30. Prior to final acceptance of the pubic improvements, the proposed hammerhead turn-a-round and
access tracts shall be signed and marked "Fire Lane" in accordance with ACC 10.36.175.
31. The existing secondary access gate across South 322nd Place shall be installed with a Rapid
Access Electric Key Switch (Knox).
32. The applicant shall work with the Fire Department and King County on installation of a
controlled access system at the north boundary of the project to prevent vehicular access north
along 581h A venue South. The controlled access shall be installed with a Rapid Access Electric
Key Switch (Knox). The system shall be purchased and installed at the expense of the applicant.
The final system must be acceptable to the Fire Department.
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.
Decided this 25th day of August 2006
THEODORE PAUL HUNTER
Hearing Examiners for the City of Auburn
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Prius Tri-Land Group LLC (Mountain View Estates Preliminary Plat) PLT06-0002
Page 12 of 12
Exhibit B
Legal Description
PARCEL A (APN 926280-0210)
TRACT 40, WEST AUBURN FIVE ACRE TRACTS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 15 OF PLATS, PAGE 12, IN KING
COUNTY, WASHINGTON.
PARCEL B (APN 926280-0280)
TRACT 50, WEST AUBURN FIVE ACRE TRACTS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 12, IN KING
COUNTY, WASHINGTON
Resolution 4096
September 18, 2006
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