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HomeMy WebLinkAbout4110 RESOLUTION NO. 4110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A PRELIMINARY PLAT APPLICATION TO SUBDIVIDE 3.47 ACRES INTO THIRTEEN LOTS AND THREE TRACTS, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. PL T06-0005, dated June 16, 2006, has been submitted to the City of Auburn, Washington, by ESM Consulting Engineers LLC, requesting approval of a preliminary plat application to subdivide 3.47 acres into 13 lots for future residential development known as "Spencer Place" and three tracts for utilities, access, and a sensitive area, 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 September 19, 2006, after which, on October 2, 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, requests for reconsideration of the Hearing Examiner's recommendation were filed by the City on October 9, 2006, and ESM Consulting Engineers LLC on October 11, 2006. The Hearing Examiner issued a response to the requests for reconsideration and revised Findings of Fact, Conclusions of Law and Recommendations on October 23, 2006; and Resolution 4110 December 4, 2006 Page 1 of 4 WHEREAS, the City Council, at its meeting of November 28, 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: Section 1. The Hearing Examiner's Revised 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 3.47 acres into 13 lots for future residential development and three tracts for utilities, access, and a sensitive area, 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 commencement of grading activities, the buffer for wetland A (Tract C) shall be staked, flagged, silt fencing installed, and signage placed on-site by the applicant. Wetland sign content and location shall be approved by the City of Auburn Director of Planning, Building, and Community. The Applicant shall dedicate to the City a ten foot wide access easement on lot 7 to Tract C. The easement shall allow the City access to Tract C to inspect and ensure that the long-term preservation and protection of the buffer area is maintained. 2. Proposed Conditions, Covenants and Restrictions (CC&Rs) for a future Homeowners' Association (if one is to be created) shall be submitted for review and approval by the City prior to final plat approval. 3. The developer shall construct on-site gravity sanitary sewer lines and off site gravity sanitary sewer lines. All lines shall be per Auburn Design Standards. 4. If the water service is connected to the east, it shall be contained within a paved access tract meeting city standards of ACC 18.48.130, with a 26 Resolution 4110 December 4, 2006 Page 2 of 4 foot wide utility easement dedicated to the City as part of the plat and lots 9 - 12 may have reconfigured access. 5. Prior to final plat approval, the developer shall abandon the existing well per Washington State and King County Health Department regulations and transfer the water right for said well over to the City of Auburn. 6. 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. 7. A Dust Control Plan shall be submitted to the City Engineer for approval prior to issuance of construction permits. 8. Prior to final plat approval, the developer shall dedicate right of way and construct all roads within the plat to City of Auburn Standards. In addition, the developer shall dedicate right-of-way and construct the required half street improvement along the property frontage of 116th Avenue Southeast including necessary transitions to the existing roadway beyond the property frontage. 9. Sight distance triangles shall be dedicated as public right of way within the plat or as easement outside the plat. 10.A Haul Route Plan shall be submitted to the City Engineer for approval prior to issuance of construction permits. The plan shall identify the proposed haul route, type of hauling vehicles and their associated axel loadings, number of loaded and unloaded trips, daily hauling hours, and schedule for completion. Based on the nature of the plan, the City Engineer shall require mitigation for hauling impacts to existing roads along the haul route. Mitigation may include pavement repair or roadway re-surfacing, and/or weight limit, haul hour, and seasonal restrictions. The City Engineer may require the applicant to provide a financial security commensurate with the potential pavement impacts from hauling activities. 11. 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. 12. The final plat drawing shall include addresses for each lot as assigned by the City. 13. Tracts A and C shall be dedicated to the City. 14. The Applicant/developer shall obtain approval and record the Boundary Line Adjustment (No. LLA06-0004) depicted on the ESM Consulting Resolution 4110 December 4, 2006 Page 3 of 4 Engineers LLC, existing conditions drawing (Sheet 3 of 3) dated June 9, 2006. 15. Utility and street design issues shall be addressed during the facilities extension process with the City to the satisfaction of the City Engineer. 16. The Developer shall provide in the platting process a restrictive covenant applying to lots 9, 10, 11, 12, and 13 that shall obligate the owners of those lots to maintain the paved surface of Tract B and the enforcement rights for such obligation shall be a right granted to the City. It is provided, however, that if the Developer includes on the face of the plat or in the restrictive covenants a statement that there shall be no access to or utilities serving lots 9 and/or 13, from Tract B, then such lot(s) would not need to be included in the above restrictive covenant. 17. The easement to Tract C across Lot 7 shall be included in the plat and shall not expire unless it is replaced by an alternate easement acceptable to the City. 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 d-J'~day Of~/]Itt~u.;J ,2006. ATTEST: ~~ '. .. ' ./ " '" -, .' /... . ..,J ,--/, ) /:. .~ '---.-...J ~. Danielle E. Daskam, City Clerk ---J ~ P TER B. LEWIS, MAYOR Resolution 4110 December 4, 2006 Page 4 of 4 BFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN REVISED EXHiBIT 11.. In the Matter of the Application of ) ) ) ) ) ) ) ) ) FINDINGS, CONCLUSIONS AND RECOMMENDATION (Revised 10/20/06) NO. PLT06-0005 ESM Consulting Engineers, LLC on behalf of Cary Lang For Approval of a Preliminary Plat SPENCER PLACE SUMMARY OF RECOMMENDATION The Hearing Examiner for the City of Auburn recommends to the Auburn City C01mcil that the Spencer Place preliminary plat with a public internal street and tracts dedicated to the City be APPROVED, subject to conditions as revised in this recommendation issued following reconsideration. SUMMARY OF RECORD ReQuest: Cary Lang, through its agent ESM Consulting Engineers LLC, requests approval of a preliminary plat application to subdivide approximately 3.47 acres into a Blot residential subdivision known as "Spencer Place." The subject property is located at 31808 116th Avenue Southeast in Auburn. Hearing Date: The Hearing Examiner for the City of Auburn held an open record hearing on the request on September 19, 2006. Testimony: The following individuals presented testimony under oath at the open record hearing: Stacey Borland, Planner, City of Auburn Steve Pilcher, Planner, City of Auburn,: Joe Walsh, Transportation Engineer, City of Auburn Matt Cyr, ESM Consulting Engineers, Applicant's representative Eric LaBrie, ESM Consulting Engineers, Applicant's representative Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Spencer Place Preliminary Plat PLT06-0005 Page J of 1/ Exhibits: The following exhibits were admitted into the record: 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. Notice of Application and Vicinity Map, dated 7-31-06 Notice of Public Hearing Affidavit of Posting, dated September 8, 2006 Affidavit of Mailing, dated September 7. 2006 E-mail confirmation of Publication of Legal Notice, dated September 6. 2006 Aerial Photograph Final Determination of Non-Significance. dated August 23, 2006 Master Land Use Application. dated June 16, 2006 Spencer Place Preliminary Plat Map (Sheet I of 3). received August 3, 2006 Spencer Place Preliminary Gradin~ and Utility Plan (Sheet 2 of3) Spencer Place Existing Conditions (Sheet 3 of 3), ESM Consulting Engineers LLC Topographical Site Survey. Cascade Land Surveying, dated June 13.2006 Critical Areas Assessment and Delineation. Chad Armour, LLC, dated June 13, 2006 Spencer Place Preliminary Plat Preliminary Level One Downstream Analvsis, ESM Consulting Engineers LLC, dated June 16, 2006 Agenda Bill Approval Form (staff report), dated September 13,2006 Proposed revised condition #5, submitted by Applicant's representative, September 19,2006 The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: FINDINGS 1. ESM Consulting Engineers LLC requested approval of a preliminary plat application to subdivide approximately 3.47 acres into a 13 lot residential subdivision for single family detached homes. The subject property, known as "Spencer Place," is located at 3 I 808 116th Avenue Southeast in Auburn.l The City determined that the application was complete on July 31. 2006. Exhibit 1; Exhibit 8; Exhibit 13, Staff Report, page 2. 2. The City annexed the property on January 17,20062 and initially zoned it LHRI, Single Family Residential. The City rezoned the property to LHR2. Single Family Residentiae I The site parcel numbers are 0921059065 and 0921059095. A legal description is part of Exhibit 10 (topographical site survey). Exhibit 10; Exhibit 13, Staff Report, page 1. 2 Property annexation per Ordinance 5986. 3 The purpose of the R-2 single family residential zone is as follows: Findings. Conclusions, and Recommendation Hearing Examiner for the City of Auburn Spencer Place Preliminary Plat PLT06-0005 Page 2 of/I on May 11,2006.4 The Comprehensive Plan designations for the surrounding properties are all single family residential. The property to the west, within the City of Auburn, is a single family residential development zoned LHR2, Single Family Residential. The properties to the north, south, and east are part of unincorporated King COlffity. The properties to the south are single family homes zoned R-6, Residential 6 du/ac. The property to the east is a single family residential development zoned R-6, Residential 6 dulac. The properties to the north include a single family residential development and a church, zoned R-4, Residential 4 dulac and LHR2, Single Family Residential. Exhibit 9, Preliminary Plat Map; Exhibit 13, Staff Report, page 2. 3. The property is located in the City's Lea Hill zoning district, which is governed in part by' the following provision in the zoning code: The purpose of the Lea Hill (LH) zoning districts is to provide for . zoning requirements to the Lea Hill area that are effective upon annexation. The LH zoning districts will be similar to if not the same as the other zoning districts of the city of Auburn. Some variations are needed to recognize King County zoning and the developments permitted using the county zoning. ACC 18.45.010. Under ACC 18.45.040(B), any further subdivisions and uses must conform to the permitted uses and standards referenced in ACC 18.45.020 ~md 18.45.030 which are the same as Chapter 18.14 ACC. Exhibit 13, Staff Report, page 3; ACe 18.45.010. 4. The proposed development is compatible with the surrounding area. The proposed lot size will average 8,230 square feet with the smallest lot size 6,600 square feet. The density for the 13 single family lots on the 3.47 acres would be 3.75 dulac and is consistent with the Comprehensive Plan housing goals of maintaining and enhancing the City's character as a family-oriented community, and emphasizing housing development at single family densities. Policy LU-14 states that residential densities in areas designated for single family residential use should be no greater than 6 units per acre. 2005 Auburn Comprehensive Plan, Land Use Policy LU-14, page 3-14; Housing Goals 4 and 7, pages 4-8 and 4-10; Exhibit 13, page 7. The R-2 single-family residential zones are 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. This district will provide for the development of single-family detached dwellings, not more than one such dwelling on each lot, and for such accessory uses as are related, incidental and not detrimental to the residential environment. ACe 18.14.010. 4 Rezone of property took place per Ordinance 6027. Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Spencer Place Preliminary Plat PLT06-0005 Page 3 of 11 5. The Applicant made a boundary line adjustment (BLA) application to the City for the subject property at 31808 116th Avenue Southeast (parcel 0921059065) and the lot to the north at 31720 116th Avenue Southeast (parcel 091059095).5 Matt Cyr, the Applicant's consultant, testified that the BLA had been approved by the City and that the BLA would be recorded as soon as signatures are obtained. Exhibit 9; Exhibit 13, Staff Report, page 2. Testimony 01 Mr. Cyr. 6. The proposed project site is relatively flat, with a 10% south-facing slope, and contains forested vegetation over much of the site, dominated by Douglas-fir and western red cedar trees. The Applicant/developer would remove an existing older single family residence and detached garage, and an existing well would be abandoned and the water right transferred to the City. The proposal does not include dedication of park land. Exhibit 9, Existing Conditions Map; Exhibit 11, page 3; Exhibit 13, Staff Report, pages 3, 4, and 6. 7. The applicant's consultant, Chad Armour, LLC, prepared a critical areas assessment and delineation for the Spencer property in 2006. No critical areas were identified on site. However, the consultant identified an area of less than 500 square feet, with soil saturated to the surface in May 2005 that may have once been part of a larger wet area, plot ill SP. 1. The consultant's wetland data form sheet did not identify any hydrophydc vegetation present at this site.6 Therefore, this area was not identified as a wetland. TIus area would be filled and paved as part of the proposed Southeast 318th Court internal s1reet. The consultant also identified an area, plot ill SP-2,just to the north of the southeastern boundary with soil saturated to the surface in April 2006. The consultant's wetland data form sheet identified 50% presence ofhydrophytic vegetation; which is less than the greater than 50% standard required for a wetland determination. The consu~tant identified an off-site category IV wetland (Wetland A) adjacent to the southeastern boundary of the site.7 Under ACC 16.10.090 (E) (1), the minimum buffer for a category IV wetland is 25 feet. The preliminary plat shows a 25 foot wide sensitive area buffer identified as Tract C. Exhibit 9, Preliminary Plat; Exhibit 11, pages 1,2, 3, and 4, and datalorms; ACC 16.10.0990 (E) (1). 8. Pursuant to the City's critical area chapter, long-term protection of a regulated wetland and its associated buffer shall be provided by one of the following methods: $ Boundary Line Adjustment file No. LLA06-0004. 6 The Hearing Examiner takes notice that under the W A State Wetland Delineation Manual or the 1981 Corps Wetland Delineation Manual, wetlands are determined by the presence ofhydrophytic vegetation, hydric soils, and wetland hydrology. Under the 1997 W A State Wetland Delineation Manual (page 16), hydrophytic vegetation is indicated where more than 50 percent of the dominant species are obligate, facultative wetland or facultative. 7 Category IV wetlands" are those wetlands that meet the following criterion: a) Provide low levels of functions, scoring less than 30 out of 100 points (DOE Wetlands Rating System, 2004). ACC16.JO.080 (C) (4). Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Spencer Place Preliminary Plat PLT06-0005 Page 4 of 11 It shall be placed in a separate tract on which development is prohibited, protected by execution of an easement dedicated to the city, a conservation organization or land trust, or similarly preserved through a permanent protective mechanism acceptable to the city. The location and limitations associated with the wetland and its buffer shall be shown on the face of the deed or plat applicable'to the property and shall be recorded with the King or Pierce County recording department. ACC 16.10.090 (E) (JJf Mr. Cyr and Eric LaBrie, consultant for the Applicant, testified and requested that a 25 foot wide native growth protection easement be used to protect the wetland buffer. Steve Pilcher, City Planner, testified for the City that the City preferred that a separate tract be dedicated to the City with a ten foot wide access easement, rather than a native growth protection easement. Mr. LaBrie testified that a dedication of Tracts A, B and C would be acceptable, but that a ten foot wide access easement to Tract C across lot 7 could create problems for the future property owner who would have to keep an easement free from obstructions. Testimony of Mr. Cyr; Testimony of Mr. LaBrie; Testimony of Mr. Pilcher; ACC 16.10.090 (E) (1) f 9. Joe Walsh, City Transportation Engineer,8 testified that City stormwater standards would need to be met, and that they may impact the wetland area Mr. LaBrie testified for the Applicant that proposed lots 7 and 8 would drain toward Wetland A and provide a water source for the wetland. Exhibit 12, page 1-2; Testimony of Mr. Walsh; Testimony of Mr. laBrie. 1 O. Vehicular access to the site would be from '116th A venue Southeast. The proposed internal street, Southeast 318th Court, would be developed to City standards (including emergency access) and dedicated as a public street. According to the City, tile site would generate 13 PM peak hour trips. No city traffic impact analysis is required. The Applicant would provide half street improvements for a residential collector on 116th Avenue Southeast which would include adequate right of way dedication. The Applicant would dedicate Tract B to the City as an access tract for lots 9 through 13. lbe City's comprehensive transportation plan identifies Lea Hill as an area in need of sidewalks. To the extent that sidewalks would be provided, the proposed project is consistent with the Non.Motorized Transportation portion of the comprehensive transportation plan. The site is located within the Auburn School District. No comments were receiv€:d from the school district on this proposal. Sidewalks along the frontage of the site and within the plat on the south side of proposed Southeast 318th Court would allow children within the development to meet school buses on I 16th Avenue Southeast. The Applicant would pay school, fire, and traffic impact fees at the time of building permit applications. Exhibit 9, 8 Mr. Walsh testified on behalf of the City Public Works at this hearing. Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Spencer Place Preliminary Plat PLT06-0005 Page 5 of11 Preliminary Grading and Utility Plan; Exhibit 13, Staff report, pages 3, 4, and 5; 2005 City Comprehensive Transportation Plan, page 3-1; ACC Title 19. 11. The Applicant proposes to connect to the City sanitary and water services. The Applicant/developer would extend the public sanitary sewer along 1 16th Avenue Southeast through the frontage of the site and then on-site to service all proposed lots. The Applicant/developer would provide side sewers to any adjacent parcels not currently serviced. Exhibit 9, Preliminary Grading and Utility Plan; Exhibit 13, page 3; Testimony of Mr. laBrie. 12. ESM Consulting Engineers, LLC, prepared a preliminary level one downstream analysis for the Applicant. The analysis did not identify any existing or potential problems with the site. According to the analysis, the proposed project makes sufficient provision for stonnwater detention and treatment in Tract A. The Applicant would dedicate Tracts A, the stonn pond, B, the access tract, and C, the wetland buffer, to the City. The stonn pond would be designed and landscaped to city standards. Exhibit 9, Preliminary Grading and Utility Plan; Exhibit 12, page 1-3; Exhibit 13, Staff Report, page 4; Testimony of Mr. laBrie. 13. The preliminary plat currently depicts a 15 foot wide water easement extending east and west along the north side of proposed lot 8. Mr. Walsh testified for the City that proposed staff condition 5 (now condition 4 of the Hearing Examiner's recommendation) would require a looped water system with a 20 foot wide paved tract which would be deeded over to the City's water utility.9 Mr. LaBrie testified that the Applic:ant would tie into the 116th Avenue Southeast water supply, but expressed concern that easements over adjacent properties to the east may not be available. He testified that the Applicant may reconfigure lots 9, 10, 11, 12 and access Tract B if the water easement area to the east is paved. The City and the Applicant agreed to a modified condition. Exhibit 9 Preliminary Plat; Exhibit 14; Testimony of Mr. Walsh; Testimony of Mr. LaBrie. 14. The City issued a determination of nonsignificance (DNS) on August 23, 2006.10 No comments on the DNS were received and no appeals were filed. Exhibit 7; Exhibit 13, Staff Report, page 3. 9 The City of Auburn requires looping of water supplies for fire fighting wherever feasible to avoid dead-ends. Provisions shall be made wherever appropriate in any project for looping all dead-end or temporarily dead-end mains. Construction plans must be approved by the appropriate water authority prior to the commencement of construction. Where it is not feasible at the time of approval and installation to loop a water system, in the opinion of the fire department, the loop requirement may be relaxed if the intent of the code is met and a stub is provided on the main for future expansion. ACC 13.16.090. 10 The City reviewed a completed environmental checklist and other information on file with the lead agency. However, the environmental checklist was not submitted as an exhibit. Exhibit 7. Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Spencer Place Preliminary Plat PLT06-0005 Page 6 of 11 15. ,The City provided reasonable notice of the September 19, 2006 public hearing. Notice of the open record hearing was posted on site on September 8, 2006, mailed to all property owners located within 300 feet of the affected site on September 7, 2006, ~lIld published in the September 9, 2006 edition of the King County Journal. Exhibit 2; Exhibit 3; Exhibit 4; Exhibit 5. CONCLUSIONS Jurisdiction Pursuant to Auburn City Code (ACC) 18.66, the Hearing Examiner is granted jurisdiction to hear and make recommendations to the City Council. Jurisdiction for the Hearing Examiner to make recommendations for approval of a preliminary plat is pursuant to ACC 14.03.04O(A) and 17.06.050. Criteria for Review Pursuant to ACC 17.06.070, preliminary plats shall only be approved iffmdings offact are drawn to support the following: A. 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; B. Conformance of the proposed subdivision to the general purposes of the comprehensive plan; C. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans which have been adopted by the city council; D. Conformance of the proposed subdivision to the general purposes of this title, as enumerated in ACC 17.02.030; E. 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; F. 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; G. Adequate provisions are made so the preliminary plat will prevent or abate public nuisances. Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Spencer Place Preliminary Plat PLT06-0005 Page 7 of I I ACC 17.06.070. In addition, Chapter 18.45 (Lea Hill District) of ACC requires conformance with the permitted uses and standards referenced in ACC 18.45.020 and .030. Conclusions Based on Findings 1. With conditions, adequate provisions have been made for the public h,ealth, safety and general welfare and for open spaces, drainage ways, streets, aUeys, other public ways, water supplies, sanitary wastes, parks, and sites for schools and school grounds. The street within the proposed plat will be public and will provide adequate transportation routes for residents and will include sidewalks for pedestrian safety and school access. The provisions for emergency access to the area are also sufficient. Schools will be provided for through impact fees at the time of building permit application. Stormwater from the proposed plat will be detained and treated in an on-site stormwater facility.. Conditions of approval are necessary, including those to ensure that public storm drainage facilities adequately manage storm water quantity and quality and that stormwater, lot access, and wetland buffer tracts are dedicated to the City. The plat will be connected to public utilities for water and sanitary wastes. Findings 1, 2, 6, 10, 11, 12, and 13. 2. The proposed project 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. The subdivision would provide single family residential housing and would be consistent with the purposes and regulations of the subdivision title. substantially consistent with the City's design and construction standards, consistent with Chapter 18.45 ACe concerning development within the Lea Hill area, and would be consistent with the goals. objectives, and policies of the City's Comprehensive Plan, including the City's comprehensive transportation plan. Findings 1 - 15. 3. With conditions, the plat conforms to the City of Auburn's zoning ordinance, Title 18, and any other applicable planning or engineering standard and specifications. The Applicant's proposal substantially complies with all related City codes and standards including development standards for the LHR2 single family residential zoning district, and with Chapter 18.45 ACC concerning development within the Lea Hill area. Conditions of approval are necessary to ensure compliance with sanitary sewer. water supply, stormwater facilities and right of way and frontage standards. Findings 1-14. 4. With conditions, 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. Acting as the lead agency, the City determined that the proposed plat will not have a probable significant adverse impact on the envirorunent and issued a determination of nonsignificance. The applicant would protect an off-site wetland with a 25 foot wide buffer. The stormwater system will protect water quality and Findings, Conclusions. and Recommendation Hearing Examiner for the City of Auburn Spencer Place Preliminary Plat PLT06-0005 Page80fll prevent runoff from damaging nearby land. Conditions of approval are necessary to ensure compliance with sanitary sewer, water supply and stormwater facilities standards. Conditions of approval are necessary to protect the off-site wetland with an associated wetland buffer on lot 7. Here, a dedicated tract for a wetland buffer is appropriate for lot 7 with a limited access easement. A limited access easement would allow for City inspect and maintain of the wetland buffer area without undue restrictions on the use of the property by the burdened property owner. Findings 1,2, 3, 6, 7, 8, 9, 10, 11, 12, 13, and 14. 5. 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 Chapter 8.12 ACC. A public nuisance affects public health and property values by creating visual blight, harboring rodents and/or beasts, or creating unsafe pedestrian and traffic situations. The proposed plat will not result in any public nuisances. Connections to public sewer and water Will limit potential negative impacts on public health. Findings 1 - 14. 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 a preliminary plat to subdivide approximately 3.47 acres into a 13 lot subdivision with a public internal street and tracts dedicated to the City be APPROVED, subject to the following conditions;lI 1 Prior to commencement of grading activities, the buffer for wetland A (Tract C) shall be staked, flagged, silt fencing installed, and signage placed on-site by the applicant. Wetland sign content and location shall be approved by the City of Auburn Director of Planning, Building, and Community. The Applicant shall dedicate to the City a ten foot wide access easement on lot 7 to Tract C. The easement shall allow the City access to Tract C once a year to inspect and ensure that the long-term preservation and protection of the buffer area is maintained. The City may petition the Hearing Examiner for access to Tract C if additional maintenance or repair is required and shall be permitted if good cause is shown. 2. Proposed Conditions, Covenants and Restrictions (CC&Rs) for a future Homeowners' Association (if one is to be created) shall be submitted for review and approval by the City prior to final plat approval. 3. The developer shall construct on-site gravity sanitary sewer lines and off site gravity sanitary sewer lines. All lines shall be per Auburn Design Standards. 11 Conditions include both legal requirements applicable to all developments and conditions to mitigate the specific impacts of this development. Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Spencer Place Preliminary Plat PLT06-0005 Page 9 of II 4. If the water service is connected to the east, it shall be contained within a paved access tract meeting city standards of ACC 18.48.130, with a 26 foot wide utility easement dedicated to the City as part of the plat and lots 9 - 12 may have reconfigured access. 5. Prior to final plat approval, the developer shall abandon the existing well per Washington State and King County Health Department regulations and transfer the water right for said well over to the City of Auburn. 6. 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. Stonn drainage from the public street improvements shall not drain onto private properties. 7. A Dust Control Plan shall be submitted to the City Engineer for approval prior to issuance of construction permits. 8. Prior to final plat approval, the developer shall dedicate right of way and construct all roads within the plat to City of Auburn Standards. In addition, the developer shall dedicate right-of-way and construct the required half street improvement along the property frontage of 116th Avenue Southeast including necessary transitions to the existing roadway beyond the property frontage. 9. Sight distance triangles.shall be dedicated as public right of way within the plat or as easement outside the plat. 10. A Haul Route Plan shall be submitted to the City Engineer for approval prior to issuance of construction permits. The plan shall identify the proposed haul route~ type of hauling vehicles and their associated axelloadings~ number ofloaded and unloaded trips, daily. hauling hours, and schedule for completion. Based on the nature of the plan, the City Engineer shall require mitigation for hauling impacts to existing roads along the haul route. Mitigation may include pavement repair or roadway re-surfacing, and/or weight limit, haul hour, and seasonal restrictions. The City Engineer may require the applicant to provide a financial security commensurate with the potential pavement impacts from hauling activities. 11. 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. 12. The final plat drawing shall include addresses for each lot as assigned by the City. 13. Tracts A, and C shall be dedicated to the City. Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Spencer Place Preliminary Plat PLT06-0005 Page JO of /1 14. The Applicant/developer shall obtain approval and record the Boundary Line Adjustment (No. LLA06-0004) depicted on the ESM Consulting Engineers LLC, existing conditions drawing (Sheet 3 of3) dated June 9, 2006. 15. Utility and street design issues shall be addressed during the facilities extension process with the City to the satisfaction of the City Engineer. Decided this 2~ of October 2006 <f~~~~ TIIEODORE PAUL HUNTER Hearing Examiner Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Spencer Place Preliminary Plat PLT06-0005 Page J 10f J J EXHIBIT .13- THE SOUTIIWEST QUARTER OF 1HE SOUTIIWEST OF 1HE SOUTIIWEST. QUARTER OF SECTION 9, TOWNSHIP 21 NORm RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 6 ACRES THEREOF; AND EXCEPT TIIE SOUTH 97 FEET OF 1lIE REMAINDER THEREOF; TOGETHBR. WlTII TIlAT PORTION OF TIm SOUTIIERLY 200 FEET OF TIlE. NORTHWEST QUARTER OF TIIB SOUTIlWEST QUARTER OF TIm SOUTIIWEST QUARTER OF SAID SECTION, DESCRIBED AS FOLLOWS.: BEGlNNlNG AT TIlE SOUTIIEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTIIWEST QUARTER OF THE SOU1HWEST QUARTER OF SAID SECTION; TIIENCE NORTII 884'41 '36" WEST ALONG TIIE SOUTH LlNE THEREOF A DISTANCE OF 216.06 FEET; TIIENCE NORTII 01-18'24" EAST A DISTANCE OF 200.00 FEET TO TIlE NORTH LINE OF SAID SOUTIIERLY 200 FEET; TIIENCE SOUTH 884'41 '36"'EAST ALONG SAID LINE A DISTANCE OF 215.96 FEET TO THE NORTIIBAST CORNER OF SAID SOUTIIERL Y 200.00 FEET; TIffiNCE SOUTIf 01-16'38" WEST AWNG THE EAST LINE THEREOF A DISTANCE OF 200.00 FEET TO THE BEGlNNlNG. EXCEPT COUNTY ROAD.