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HomeMy WebLinkAbout4116RESOLUTION NO. 4116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A PRELIMINARY PLAT APPLICATION TO SUBDIVIDE 22.97 ACRES INTO 70 LOTS AND TWO TRACTS, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. PLT05-0004, dated December 1, 2005, has been submitted to the City of Auburn, Washington, by Lakeland Hills Estates, LLC, requesting approval of a preliminary plat application to subdivide 22.97 acres into 70 lots for future residential development known as "Lakeland Hill Estates" and two tracts for storm drainage and protection of 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 November 7, 2006, after which, on November 22, 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 December 4, 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 4116 December 20, 2006 Page 1 of 8 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, with the following additional condition: The final plat shall include provisions that grant the City the right, but not the obligation, to enforce the Homeowners Association's obligations to maintain the stormwater detention and wetland/open space tracts and utility easements. This enforcement right shall also include the right of the City to lien all of the lots of the plat to pay for action taken by the City, or by others on behalf of the City, in performing any maintenance of these tracts or enforcing maintenance of these tracts where such work is a maintenance responsibility of the Homeowners Association in the plat. Section 2. The request for preliminary plat approval to subdivide 22.97 acres into 70 lots for future residential development and two tracts .for storm drainage and protection of 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 final plat approval, the construction of a gravity sewer system is required to serve the property per the 2001 Comprehensive Sewer Plan along Kersey Way and along the White River to the Lakeland hills (King County Metro) Pump Station; OR 1A. An alternative, a single sewer pump station, if feasible, may be constructed to temporarily serve the proposed development until such time as the permanent gravity sewer is in place. Some of the feasibility issues to consider involve the ability to bypass pump the system, providing safe working pressures within the pumping system, and available downstream capacity of the existing gravity Resolution 4116 December 20, 2006 Page 2 of 8 system. The pump station shall be designed and constructed to serve the sewer basin determined by the City. In addition, the interim pump station shall be located such that it provides adequate space to meet the design requirements for the interim pump station, access to the pump station and access to the storm drainage ponds. Meeting this requirement may impact the configuration and total number of lots proposed, particularly lots 65 through 69. 2. Prior to final plat, the development is required to construct the following offsite improvements as identified in the 2001 Water Comp Plan to bring water from the valley system to the zone four pressure zone to serve the site. a. BP-112; a booster pump facility located along Kersey Way between Oravetz Road and Stuck River Road b. DS - 213-1211, 1411; A 16-inch pipeline within Kersey Way, from 37th Way SE through BP-112, to and through the site frontage (approximately 4000 linear feet). 3. An alternative to the completion of the Kersey Way booster pump station and Kersey Way waterline improvements would require completion of the following as identified in the 2001 Water Comprehensive Plan: a. BP-111; A booster pump facility located along East Valley Highway (EVH) near 8th St E. b. DS-208-1408, 1508; A 16-inch pipeline within EVH extending from the existing 12-inch line south of Lakeland Hills Way to 8th St E (approximately 3000 linear feet). c. DS-649-1509, 1510; A 12-inch pipeline within Elizabeth Ave SE extending from the existing stub in Elizabeth Ave SE (north of 58th PI SE) to the northern entrance to Elizabeth Loop SE (approximately 800 linear feet). 4. Construction activities within the southern portion of the plat (lots 1-19) shall not commence until the connecting streets within Kersey III Division 1 have been constructed and dedicated as public streets. 5. Internal plat streets and utilities shall be extended to the adjoining property as depicted on the preliminary plat. Easements shall be granted to the City for the temporary cul-de-sac turnarounds where plat roads terminate at adjacent properties. These easements shall allow for the City and/or its authorized agents to remove the cul-de-sacs at the time the roads are extended to serve the adjoining property. Building setback requirements shall be measured from the permanent lot boundary, not the easement edge. 6. In order to avoid negatively impacting Lot 1, the temporary cul-de-sac on Road B shall be centered on the street alignment and equally intrude onto both Lots 1 and 9. Alternatively, Lot 1 shall be designated as "unbuildable" until such time the temporary cul-de-sac is removed. Resolution 4116 December 20, 2006 Page 3 of 8 7. A dedicated southbound right turn lane on Kersey Way SE to proposed Road E shall be constructed as directed by the City Engineer, prior to final plat approval. The applicant shall dedicate sufficient right-of-way to accommodate the turn lane. 8. A dedicated northbound left turn lane on Kersey Way SE to proposed Road E shall be constructed as directed by the City Engineer, prior to final plat approval. The applicant shall dedicate sufficient right-of-way to accommodate the turn lane. 9. Prior to final plat approval, appropriate advance warning devices shall be placed to the satisfaction of the City Engineer along Kersey Way approaching the site intersection warning drivers of an intersection ahead. 10. Prior to final plat approval, vegetation shall be removed along both the easterly and westerly edges of Kersey Way SE, approximately 500 feet north and south of the site entrance, to provide and preserve site distance. 11. Prior to issuance of construction permits, the applicant shall submit a haul route plan explaining: roads to be traveled on, type of material to be hauled, total quantity of material to be hauled, total number of expected days of the haul, expected daily start and end time of the haul, total number of trips, total number of expected trips per day estimated start and completion date. A traffic control plan shall be submitted showing intended methods and placement of traffic control and clearly showing the site entrance used for hauling. Based on the haul route plan, the City Engineer may condition hauling operations to mitigate impacts to streets. Such measures may include road repair or reconstruction, limitations to days and times of the haul, and installation of traffic control measures. 12. Applicant shall construct the street frontage improvements along Kersey Way to include a 10 foot wide paved trail separated from the road travel way by a 5 foot wide landscape strip and a vertical curb. 13.Applicant shall provide adequate facilities within the plat to allow drop off and pick up opportunities for school bus access along roads with grades less than 6% to the satisfaction of the Auburn School District and the City Engineer. 14.The boulevard median shall be designed to accommodate sight distance and maintenance requirements and shall include street trees in tree pits with grates and a solid decorative surface finish for the remainder of the median as approved by the City Engineer. 15.A park fee of $152,716.15 shall be paid to the City prior to final plat approval unless the City adopts a park impact fee prior to that time. In that event, park Resolution 4116 December 20, 2006 Page 4 of 8 impact fees shall be required in lieu of the aforementioned fee at the time of building permit issue. 16. Prior to issuance of clearing or grading permits, a plan for grading and clearing necessary for both the construction of infrastructure (roads and utilities) and lot grading shall be approved by the City Engineer. The objective of the plan should be to accomplish the desired amount of grading during one construction period, while limiting the extent of exposed ground, and to limit or avoid the need for subsequent grading and disturbance, including grading of individual lots during home construction. The geotechnical engineer shall develop specific recommendations to mitigate grading activities, with particular attention to developing a plan to minimize the extent and time soils are exposed and also to address grading and related activities during wet weather periods (the period of greatest concern is October 1 through March 31). 17. Upon completion of rough grading and excavation, the applicant shall have a geotechnical engineer re-analyze the site and determine if new or additional mitigation measures are necessary. A revised geo-technical report shall be submitted for approval by the City Engineer. Recommendations for areas where subsurface water is known or discovered shall be given particular attention by the geotechnical engineer and coordinated with the project engineer responsible for the storm drainage system design 18. Prior to commencing site clearing or grading activities, the applicant shall submit a proposed dust control plan for review and approval. This plan shall show methods of preventing dust from impacting adjacent properties, natural and public storm drainage systems, and right-of-ways. Control measures shall be implemented prior to the beginning and in conjunction with on-site clearing, filling, grading or other construction activities. 19. Storm drainage facilities shall incorporate high standards of design to enhance the appearance of the site and serve as an amenity. The design of above ground storage and conveyance facilities shall incorporate landscaping utilizing native vegetation, minimal side slopes, safety, maintenance needs, and function. Prior to final plan approval, a landscaping plan with applicable cross-sections shall be provided to demonstrate that storm drainage pond aesthetic requirements consistent with City standards can be accommodated on-site. 20. To enhance the water quality of the discharge leaving the site, appropriately designed aeration shall be provided within the storm pond. 21. The applicant or a future Homeowners Association shall maintain those portions of the stormwater tract, including landscaping and walls, located Resolution 4116 December 20, 2006 Page 5 of 8 outside the fenced pond boundary at the 10-year storm water surface elevation, as determined by the City Engineer. 22.The design of the storm drainage conveyance lines shall consider upstream bypass surface flows, and route them appropriately through the project site, as approved by the City Engineer. 23. Maintenance access shall be provided to all structures proposed to be in public ownership and to the proposed storm ponds. The remaining portions (as applicable) of this system shall be placed within a tract dedicated to the Homeowners Association for maintenance and operation. 24. 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 including Kersey Way. Storm drainage from the public street improvements shall not be allowed to drain into any private storm drainage facilities. 25. In order to alert potential lot purchasers of the presence of adjacent surface mining operations, the following note shall be placed on the final plat and within the deed for each home offered for sale: "NOTICE: This property is near designated mineral resource lands on which a variety of commercial activities occur that may not be compatible with residential development, including, but not limited to, mining, extraction, washing, crushing, stockpiling, transporting, concrete and asphalt production, recycling of materials, and their related and supporting activities." 26. Residential streets that are 28 feet in width, face of curb to face of curb, shall allow parking on one side of the street only. "No Parking this Side" signs, in accordance with City of Auburn standard details, shall be installed on the same side of the street where fire hydrants are located, prior final plat approval. Failure to provide the "No Parking" signs will result in the street being declared a Fire Lane and additional signage and painting will be required by the Fire Marshal in order to meet Auburn City Code 10.36.075, Fire Lanes Marking. 27. No direct lot access shall be allowed to 49'" St SE, Kersey Way SE or Evergreen Way SE. Access to the storm drainage pond may be provided from 49t" St. SE, upon approval by the City Engineer. 28. The applicant shall install a solid wood fence constructed five (5) feet from the rear property lines of proposed Lots 35-37 and 68-70. Evergreen shrubs that will attain the same height shall be planted between the fence and the edge of the right-of-way. This requirement shall be completed consistent with city design and construction standards. Resolution 4116 December 20, 2006 Page 6 of 8 29. Prior to issuance of construction permits, the applicant shall submit the proposed retaining wall design and its aesthetic treatment for the wall to be located between the upper and lower portions of the plat. The intent of the design shall be to mitigate the visual impact of this wall for those lots located on the downhill (northern) side of the wall. 30. The final plat drawing shall contain the address of all lots as assigned by the City of Auburn. 31.A final mitigation plan, monitoring schedule, and contingency plan for the wetland/stream corridor shall be submitted for review and approval by the Planning Director prior to the commencement of any construction activities. The mitigation plan shall include measures to prevent human activities within the buffer area. The mitigation plan shall be prepared consistent with the City's Critical Areas Ordinance. 32. The Applicant shall design the public facilities, including but not limited to the location of structures and appurtenances, to facilitate their future maintenance and operations such that the impact of the steeper road grades are reduced, as approved by the City Engineer. 33. Where retaining walls are used adjacent to public roads or within a public facility, the applicant shall provide either mechanically stabilized earth or cement concrete retaining walls, as approved by the City Engineer. 34. Permanent gravity sanitary sewer service for the development is to be provided through a connection to the future Kersey Way gravity line by routing flows down Road E (from the manhole at the intersection of Road A and Road F) to Kersey Way. Permanent gravity service to the Road A cul-de-sac may be routed through Tract D and then to the future Kersey Way gravity line. Should the interim lift station be acceptable, the developer will need to provide a temporary gravity line from the Kersey Way line to the proposed lift station. 35. Site disturbing activities should be monitored by the Applicant to determine the presence, if any, of archaeological resources within the proposed subdivision site boundaries. Evidence of the presence of archaeological resources shall be promptly reported to the City of Auburn. Section 3. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution 4116 December 20, 2006 Page 7 of 8 Section 4. This Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this `Z-E>~day of1~~~c,~~`,1~'~, 2006. IT UBU _~ P TER B. LEWIS, MAYO R ATTEST: ~~ , Danielle E. Daskam, City Clerk APP,P~OVE,~~TO FO Daniel B. Heid, City Attorney Resolution 4116 December 20, 2006 Page 8 of 8 IXHIBIT BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN In the Matter of the Application of ) LAKELAND HILLS ESTATES, LLC ) For Approval of a Preliminary Plat ) N0. PLTOS-0004 FINDINGS, CONCLUSIONS AND RECOMMENDATION LAKELAND HILLS ESTATES SUMMARY OF RECOMMENDATION The Hearing Examiner for the City of Auburn recommends to-the Auburn City Council that the Lakeland Hills Estates preliminary plat be APPROVED, subject to conditions. SUMMARY OF RECORD R~uest: Lakeland Hills Estates, LLC requests approval of a preliminary plat application to subdivide four parcels of land, 22.97 acres in total area, into 701ots for single-family residential development, a storm drainage tract and a wetland tract. The subject property. is located in Auburn, Washington on the west side of Kersey Way SE. Hearin Date: The Hearing Examiner for the City of Auburn held an open record hearing on the request on November Z, 2006. Testimony: The following individuals presented testimony under oath at the open record hearing: Steve Pitcher Dan Repp Joe Welsh Lou Larsen Scott Finch, for the Applicant Mark Hancock, for Segale Properties Exhibits: The following exhibits were admitted into the record: 1: Staff Report 2. Vicinity Map 3. Completed Preliminary Plat Application Form 4. Preliminary Plat Map, Pacific Engineering, dated September 28, 2006 Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 1 of 25 5. Lakeland Hills Conceptual Mitigation Plan, Sewall Wetland Consulting, Inc., received October 9, 2006 6. Notice of Application 7. Notice of Public Hearing 8. Affidavit of Posting 9. Affidavit of Mailing 10. Confirmation of Publication of Legal Notice 11. SEPA Determination, SEPOS-0039 12. Final Staff Evaluation for Environmental Checklist SEPOS-0039, dated August 17, 2006 13. Environmental Checklist for Lakeland Hill Estates Residential Subdivision, dated November 30, 2005 14. Slope Stability and Setback Recommendations report prepared by Geotech Consultants, Inc., dated November 10, 2005 15. Lakeland Hill Estates Preliminary Drainage. Report, Pacific Engineering Design, LLC, dated November 11, 2005 16. Lakeland Hill Estates Transportation Impact Analysis, TSI, Inc., dated November 2005 17. Finch -Lakeland Hills Wetland and Stream Analysis Report and Concept Mitigation, B-12 Wetland Consulting, Inc., dated November 10, 2005 18. Letter from Stephenie Kramer, Washington State Department of Archaeology & Historic Preservation to David Osaki, Interim Director, City of Auburn, dated September 5, 2006 19. Letter to Stephenie Kramer from Steve Pilcher, City of Auburn, dated September 12, 2006 20. Letter from Amber Santiago, Puyallup Tribe of Indians, to David Osaki, Interim Director, City of Auburn, dated September 8, 2006 21. Letter to Amber Santiago from Steve Pilcher, City of Auburn, September 19, 2006 22. E-mail from Karen Walter, Muckleshoot Indian Tribe Fisheries Division, dated September 5, 2006, with attached E-mail response from Steve Pilcher, City of Auburn 23. Letter from Mark Hancock, Segale Properties, to City of Auburn, dated August 30, 2006 24. Letter from Scott Finch, Lakeland Hill Estates, to Steve Pilcher, City of Auburn, re: sewer issues, dated October 2, 2006 25. Letter from Lou Larsen, Pacific Engineering Design, LLC, to Steve Pilcher, City of Auburn, re: revised civil plans (dated 9/28/06), TSI addendum memorandum (dated 6/28/06), and Concept Mitigation plan (dated 10/02/06), dated October 3, 2006 26. Letter from Aaron Will, Sewall Wetland Consulting, Inc.; to Scott Finch, Dreamworks Construction, re: Lakeland Hills Concept Mitigation, dated October 3,2006 27. Letter from Richard Hutchinson, TSI, Inc., to Joe Welsh, City of Auburn, re: Lakeland Hills Estates Traffic Impact Analysis Supplement, dated June 28, 2006 Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn ' Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 2 of 25 28. Letter from Lou Larsen, Pacific Engineering Design, LLC, to Steve Pilcher, City of Auburn, re: request for modification to intersection spacing between Kersey III and interior plat Road A, dated August 8, 2006 29. Letter from Lou Larsen, Pacific Engineering Design, LLC, to Steve Pilcher, City of Auburn, re: request to reduce lot widths, dated June Z$, 2006 30. Letter from Lou Larsen, Pacific Engineering Design, LLC, to Steve Pilcher, City of Auburn, re: request for modification for two horizontal curves to interior plat roads, dated June 28, 2006 31. Letter from Lou Larsen, Pacific Engineering Design, LLC, to Steve Pilcher, City of Auburn, re: request for modification for interior plat road grades, dated October 30, 2006 32. Letter from Lou Larsen, Pacific Engineering Design, LLC to Steve Pilcher, City of Auburn, re: request for modification to City of Auburn plat standards, for singular access to the upper portion of the proposed Lakeland Bills Estates subdivision, dated November 2, 2006 33. Letter from Lou Larsen, Pacific Engineering Design, LLC, to Steve Pilcher, City of Auburn, re: request for modification to City of Auburn plat standards, for a boulevard entrance to the lower portion of the proposed subdivision from Kersey Way, dated November 2, 2006 34. Letter from Lou Larsen, Pacific Engineering Design, LLC, to Steve Pilcher, City of Auburn, re: proposed storm ponds around the proposed sewer lift station, with attached proposed sewer location exhibit, dated November 2, 2006 35. Revised Proposed Conditions of Approval for Lakeland Hills Estates, dated November 7, 2006 36. Aerial photograph of the proposed subdivision site, labeled with proposed plat location and nearby gravel mine location The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: FINDINGS Lakeland Hills Estates, LLC (the Applicant) requested approval of a preliminary plat to subdivide four parcels of land, 22.97 total acres (1,000,696 square feet), into 70 single-family residential lots, a storm drainage tract (62,954 square feet.), and a wetland/open space tract (131,997 square feet).i The parcels are located on the west side of Kersey Way SE in Auburn, Washington, in King County. Exhibit 3; Exhibit 4; Exhibit 16. 2. The City of Auburn (City) deemed the application for subdivision and plat modification approval complete on August 15, 2006. Exhibit 6. ~ The parcels are identified by the following King County Parcel Numbers: 3221059009 (Parcel A), 3221059059 (Parcel B), 3221059043 (Parcel C), 3221059020 (Parcel D). Exhibit 3. The legal descriptions of Parcels A, B, C, and D may be found on the Lakeland Hills Estates preliminary plat map, dated September 28, 2006. Exhibit 4. Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 3 of 25 3. The City gave notice of the preliminary plat application and plat modification requests on August 14, 2006. The City published notice of the November 7, 2006 public hearing on the application and the requests on October 27, 2006, by posting notice of the hearing at the proposed subdivision site, by publishing notice in the King County Journal, and by mailing notice of the hearing to owners of property within 300 feet of the proposed subdivision site. Auburn City Code (ACC) 17.06.030 requires the City give notice of a public hearing on a complete application, and publish notice not less than 10 days prior to the hearing in a newspaper of general circulation within the county where the real property proposed for subdivision is located. ACC 17.06.030; Exhibit 6; Exhibit 7; Exhibit 8; Exhibit 9; Exhibit 10. 4. The City of Auburn analyzed the environmental impacts of the subdivision proposal, as required by the State Environmental Policy Act (SEPA). The City determined that the proposal would not have a probable significant adverse impact on the environment, and issued a Determination of Nonsignificance (DNS) on October 10, 2006. No DNS appeals were filed by the close of the appeal period, October 24, 2006. Exhibit 11. 5. The Washington State Department of Archaeology & Historic Preservation (Department) reported that a recorded archaeological site, the Williams Farmstead Site (45KI549), is located on or adjacent to the proposed subdivision site. The Department requested performance of a professional archaeological survey of the proposed subdivision site, prior to ground disturbing activities on the site. The City of Auburn noted that a December 8, 2004 Archaeological Resources and Traditional Cultural Places Assessment prepared by Larson Anthropological. Archaeological Services Limited (LAAS) concluded the Williams Farmstead Site was "probably not significant".2 Given the results of the Assessment, City staff recommended that a condition of preliminary plat application approval for the Lakeland Hills Estates Subdivision be monitoring of site disturbing activities on the proposed subdivision site to determine the presence, if any, of archaeological resources on the proposed subdivision site. At the public hearing on the subdivision application, Mr. Scott Finch, representing the Applicant, requested that subdivision approval be conditioned on this monitoring. Exhibit 18; Testimony of Mr. Finch. z The City noted that the contractor prepared the Assessment as part of Environmental Impact. Statement (EIS) preparation for the Kersey III development, located directly south of the proposed Lakeland Hills Estates subdivision. The City of Auburn issued the final EIS (FEIS) in February 2005. LAAS also concluded that most of the Kersey III development area had "low probability for significant hunter-fisher- gatherer, ethnogaphic period, and historic Indian archaeological resources because of the project's steep gradient and a lack of a constant water source..." The FEIS for the Kersey III project concluded that site disturbing activities should be monitored to determine the presence of archaeological resources. City staff noted that similar to the Kersey III development, the proposed Lakeland Hills estates subdivision site has a steep gradient and no constant water source. Exhibit 19. Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 4 of 25 6. The proposed subdivision site is located on the west side of Kersey Way SE, a Minor Arterial street, at 49th Street SE. The proposed subdivision would extend south along the west side of Kersey Way SE, to a proposed road, Evergreen Way SE.3 Evergreen Way would extend to the east of the proposed subdivision, extending through the Kersey III Division 1 development, currently under construction. The Kersey III Division 1 development would border the proposed Lakeland Hills Estates subdivision, sharing a common boundary on the eastern edge of the proposed subdivision. Exhibit 1, Staff Report, page 3; Exhibit 2; Exhibit 4. 7. The proposed subdivision site is located within the City's Rl Single Family Residential zoning district. The R1 district provides 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. ACC 18.12.010. Two single-family residences currently exist on a portion of the proposed subdivision site. Both residences would be removed from the site as part of proposed subdivision construction. The remainder of the proposed subdivision site is currently vacant, forested land. Exhibit 1, Staff Report, pages 1, 2, and 3. The minimum lot size in the R1 zoning district is 8000 sq. ft., and the minimum lot width is 75 ft. ACC 18.12.040(A), ACC 18.12.040(B). But a maximum of 20 percent of the lots within a plat of 50 lots or more may reduce the lot width to 60 feet. ACC 18.12.040(B)(1). This reduction shall only be approved simultaneously with a preliminary plat. This provision may only be used when it is necessary to accommodate a proper lot or street layout due to physical constraints of the subdivision. ACC 18.12.040(B)(1). City staff interprets this provision to allow any lot width between 60 and 80 feet. The Applicant's proposed subdivision includes 7 of 701ots with reduced lot widths: three lots at 60 feet wide, and four lots at approximately 64 feet wide. The Applicant requested a modification from City standards to allow for the 71ots with reduced lot widths. Aside from the planned detention tract and wetland/open space tract, 805,745 sq. ft. would be available within the proposed subdivision site for lot and subdivision internal road development. The Applicant proposed a development density of 3.1 dwelling units per acre. ACC 18.12.040(A); ACC 18.12.040(B); Exhibit 1, Staff Report, page 7; Exhibit 4; Exhibit 29. 9. The proposed subdivision site is designated Single Family Residential by the City's Comprehensive Plan. City staff noted that Comprehensive Plan Policy LU-25 is relevant to the proposed subdivision. Policy LU-25 of the Comprehensive Plan calls for the careful planning of areas abutting major arterials, so that potential conflict between arterial development and single family uses can be avoided. Policy LU-25 notes that single family uses in such areas should be platted in a manner which orients s Evergreen Way SE will be constructed as a Collector Arterial. Exhibit 1, Staff Report, page 3. Findings, Conclusions, and Recommendation Hearing Examiner for the City ofAuburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 5 of 25 the units away from the arterial, though "non-motorized access between the residential area and the arterial should be provided." Exhibit 1, Staff Report, pages 2 and 7; City Comprehensive Plan, Land Use Element, page 3-16 (last revised December 2005). 10. The general goals of the City's Comprehensive Plan are: to manage growth to enhance community quality and values by actively coordinating land use type and intensity with City facility and service provision and development; to provide predictability inland use regulation but flexibility for development through performance standards to protect and enhance natural resources and critical lands; to promote coordinated regional growth; and to maintain and enhance Auburn's character as a family community while providing needed services and opportunities for a wide array of housing types and sizes. City Comprehensive Plan, General Goals 1-4 (last revised December 2005). 11. Area surrounding the proposed subdivision site, in all directions, is part of the City's R1 Single Family Residential zoning district, and is designated Single Family Residential under the City's Comprehensive Plan. Land to the north and west of the proposed subdivision site is currently vacant, forested land. Land to the south of the site is vacant land that is part of the Kersey III development project, currently under development. Land to the east of the site, across Kersey Way SE, is the site of an operating 664-acre gravel mine. Asphalt and concrete manufacturing facilities are also located on the mine site. The mine will likely operate for the next 25 years. Exhibit 1, Staff Report, page 2; Exhibit 23. 12. The proposed subdivision site consists of land that slopes steeply uphill, from the north to the south, overlooking the gravel mine site to the northeast and east across Kersey Way SE. The proposed subdivision site also consists of land that slopes uphill, from the west and northwest, to the east and southeast. The point lowest in elevation is located in the northwest corner of the site, at approximately 230 feet of elevation. The proposed subdivision site's slopes are generally at a 15-20 percent grade, though the steepest slope in the northwest section of the site approaches a 35- 40 percent grade. No slopes over 40 percent are found on the proposed subdivision site. Exhibit 1, Staff Report, pages 3 and 8; Exhibit 4; Exhibit 1 S; Exhibit 23. 13. A wetland/stream complex is located in the western and southwestern portion of the proposed subdivision site. The Applicant's wetland consultant delineated one stream, Stream A, and two wetlands,- Wetland A and Wetland B, on the proposed subdivision site, as of November 10, 2005. The consultant determined that Stream A is a Class 3 stream, pursuant to ACC Section 16.10.080 (D). The stream is approximately two to four feet wide, 0.5 to 10 inches deep. The stream flows from the western portion of the proposed subdivision site, angling to the northwest. Wetland A is a slope wetland with scrub-shrub vegetation located along portions of Stream A near the western site boundary. Wetland B is a slope wetland with scrub-shrub vegetation located in the Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 6 of 25 southwest corner of the site. The consultant determined that both Wetland A and Wetland B qualify as a Category 4 wetland, pursuant to ACC Section 1.6.10.080. Exhibit 4; Exhibit 17. 14. City critical areas ordinances generally require a minimum 25 foot wide buffer around Category 4 wetlands, and a minimum 25 foot wide buffer around Class 3 streams. ACC 16.10.090(E)(1); ACC 16.10.090(E)(2). 15. Following the consultant determination, Karen Walters, Muckleshoot Indian Tribe Fisheries Division Watersheds and Land Use Team Leader, raised a concern regarding the impacts of proposed subdivision construction on the on-site stream. An October 3, 20061etter to Scott Finch, Dreamworks Construction, from Sewall Wetland Consulting., Inc., mentioned Walters's concern and noted the classification of the on-site stream was unclear, in contrast to the consultant delineation. The letter noted that the proposed subdivision application was modified to comply with the 75- foot buffer associated with a Class 2 stream. The modification is reflected in the Applicant's October 2006 Conceptual Mitigation Plan Map. Exhibit 1, Staff Report, page 9; Exhibit S; Exhibit 22; Exhibit 26. 16. The Applicant would fill a portion of Wetland B, approximately 3,154 sq. ft., and would mitigate for the wetland loss as required by ACC Chapter 16.10. The fill would result from alignment of an access road for the Kersey III development to the south of the proposed subdivision. The alignment is proposed as part of the Lakeland -Hills Estates subdivision application. The Applicant would impact 2,745 sq. ft. of stream buffer to ensure proposed subdivision Lots 53-56 meet the 8,000 sq. ft. minimum lot size requirement for the R1 zoning district. The Applicant would also impact 11,181 sq. ft. of stream buffer to allow for construction of the subdivision's stormwater detention facility. The Applicant would mitigate the wetland impact through enhancement of 8,016 sq. ft. of Wetland A. Planned enhancement would occur through native tree and shrub plantings. The Applicant would mitigate the buffer impact through enhancement of 8,396 sq. ft. of buffer, including removal of non-native material and planting with native tree and shrub species. A split-rail fence would be placed on the western border of Lots 53-56 to separate the lots from the stream buffer. The City's Environmental Protection manager reviewed the conceptual mitigation plan presented by the Applicant, and determined the plan was acceptable. A proposed condition of preliminary plat application approval would require the Applicant to submit a final mitigation plan and monitoring schedule that complies with the City's Critical Areas Ordinance prior to the start of construction. Exhibit 1, Staff Report, pages 3 and 12; Exhibit S; Exhibit 17. 17. Pursuant to ACC Section 16.10.120 and 16.10.110, Category 4 scrub/shrub wetland enhancement must occur in a 2.5:1 ratio, for 2.5 acres of wetland enhanced for every one acre of wetland impacted. ACC 16.10.120, ACC 16.10.1.10. The Applicant would enhance 8,016 sq. ft. of Wetland A for 3,154 sq. ft of impact to Wetland B, a Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 7 of ZS ratio of 2.54:1. Stream buffer widths maybe reduced by the City on a case-by-case basis by up to 35 percent if an applicant demonstrates that a reduction will not result in any adverse impact to the stream. Further, if an existing buffer is vegetated, a buffer enhancement plan may be required to demonstrate how the function and values of the buffer and stream will be improved. ACC 16.10.090(Z)(e). 18. Aside from impacted areas, the Applicant would protect the wetland/stream complex within a 131,997 sq. ft. open space tract, located in the western portion of the proposed subdivision site. The tract would be set off from adjoining proposed subdivision lots by sensitive area signs and split-rail fencing. Exhibit 1, Staff Report, page 3; Exhibit 4; Exhibit S. 19. The owner of the gravel mine neighboring the proposed subdivision, Segale Properties, raised a concern about stormwater draining from the proposed subdivision site. Construction of the proposed subdivision would result in increased stormwater runoff from the proposed subdivision site, and decreased quality of the stormwater leaving the site, as on-site grading occurs. Stormwater would be collected on-site through roof drains and sanitary sewers, and directed to a stormwater detention pond, to be constructed in the northwest corner of the proposed subdivision site. The pond would be contained within a 62, 954 sq. ft. detention tract. The detention tract would be adjacent to the proposed open space tract containing the wetland/stream complex. Exhibit 1, Staff Report, page S; Exhibit 4; Exhibit 23. 20. Segale Properties also raised a concern that future owners of property within the proposed subdivision be notified of the proximity of their property to an active mining operation, and of the stricture of RCW Section 36.70A.060, which ensures, among other things, that the use of land adjacent to mineral resource lands shall not interfere with the continued, customary use of the land for mineral extraction. Segale Properties proposed a condition of preliminary plat application approval that the deed for each individual lot within the proposed subdivision. In addition, RCW Section 36.70A.060 requires that the final subdivision plat and building permits within 500 feet of mineral resources lands contain notice to subdivision home buyers of nearby mining operations. Exhibit 1, Staff Report, page 6; Exhibit 23; Testimony of Mr. Hancock; Testimony of Mr. Welsh. 21. Vehicles may access the gravel mine site via Kersey Way SE. Kersey Way SE would also provide access to the proposed subdivision. The street has one lane in each direction for its entire length, with a posted speed limit of 35 MPH, gravel shoulders, curbs, gutters and sidewalks. The Applicant's traffic consultant observed speeds considerably higher than 35 MPH on the street. City staff characterized Kersey Way SE as a high speed arterial. The City would require dedicated lanes for turns and merging and advance warning signs on Kersey Way SE, to prevent rear end collisions and to provide sufficient merging opportunities. The City would also require Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 8 of 25 vegetation removal to maintain sight distance along the street. Exhibit 1, Staff Report, pages 3 and 4; Exhibit 36; Testimony of Mr. Welsh. 22. The proposed subdivision will add right-turn entering traffic and left-turn entering and exiting traffic to Kersey Way SE. The Applicant's traffic consultant estimated that the proposed subdivision would generate 641 net new traffic trips in and out of the subdivision, including 50 net new weekday AM peak hour trips, and 68 net new weekday PM peak hour trips. 45% of those net new trips will travel outbound from the proposed subdivision on Kersey Way SE, and 54% of those net new trips will travel inbound to the subdivision on Kersey Way SE. The Applicant's traffic consultant reported that all available sight distances would exceed the minimum standards for design speed of 50 MPH, including the stopping sight distances for northbound traffic on Kersey Way NE approaching the proposed subdivision access point. The Applicant proposed placement of the- access point so that this sight distance would be 555 feet, which exceeds the 510 feet estimated by the Applicant's traffic consultant. Exhibit 1, Staff Report, page 4; Exhibit 4; Exhibit 16; Exhibit 27. 23. The Applicant would improve Kersey Way SE to provide safe access into and exiting the proposed subdivision, and would widen the roadway consistent with Gity road standards established for the site. The improvements would include: aright-of--way dedication from the proposed subdivision site; construction of a 10-foot wide sidewalk/trail along the west side of Kersey Way SE; landscaping along the west side of Kersey Way SE; curb and gutter; installation of a northbound left turn lane for entry into the proposed subdivision, and construction of a southbound deceleration and right-turn lane, into the proposed subdivision. The sidewalk/trail would provide pedestrian access to the proposed subdivision. Similar non-motorized improvements are planned for the Kersey III Division 1 development to the south of the proposed subdivision. Proposed conditions of preliminary plat application approval would require the construction of Kersey Way SE and subdivision internal roads in compliance with City standards. Exhibit 1, Staff Report, pages 4, 10, 12; Exhibit 4; Exhibit 16. 24. Following improvements to Kersey Way SE, the R Street SE/Kersey Way SE arterial corridor and the Evergreen Way SE (Lakeland Hills Way SE to Kersey Way SE) corridor would provide a level of service4 above the- City's minimum level of service threshold, in both directions, through 2008. The Growth Management Act, Chapter 36.70A RCW, requires that all jurisdictions within the state ensure that transportation facilities have enough capacity to meet current and future traffic demand, or "traffic concurrency". The City measures concurrency in terms of arterial level of service. Exhibit 16. a Level of Service (LOS) is a road intersection criteria ranging from LOS A (little/no delay < 10 seconds) to LOS D (very long delays <_ 50 seconds for un-signaled intersections and <_ 80 seconds for signaled intersections) with LOS F signifying jammed conditions on all approached with excessively long delays and vehicles unable to move at times. Findings, Conclusions, and Recommendation Hearing Examiner for the City ofAuburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 9 of 25 25. The Applicant proposed development of the proposed subdivision in two sections, due to steep slopes on the proposed subdivision site and the difficulty of constructing a north-south road grade in compliance with City regulations. Lots 1-19 in the southern, upper portion of the proposed subdivision would be developed separately from Lots 20-70 in the northern, lower portion of the proposed subdivision. Lots 1- 19abut the Kersey III development, which lies to the east of the lots. Exhibit 1, Staff Report, page 3; Exhibit 4; Exhibit 31. 26. The southern portion of the proposed subdivision would be accessed from two public streets within the Kersey III Division 1 preliminary plat, previously approved by the City. These two public streets would be parallel to the proposed Evergreen Way, located directly to the south of proposed subdivision Lots Y-5. Lots 1-19 cannot be directly accessed from the proposed Evergreen Way due to the on-site slopes, which create an elevation difference between the lots and the proposed Evergreen Way. According to the Hearing Examiner's decision approving the Kersey III Division 1 preliminary plat, Evergreen Way would be extended east to meet Kersey Way SE.S A proposed condition of preliminary plat application approval would require extension of proposed subdivision internal streets to meet Kersey III Division. l internal streets, in the southern portion of the proposed subdivision. Exhibit 1, Staff Report, pages 3 and 10; Exhibit 4. 27. The northern portion of the proposed subdivision lots would be accessed from Kersey Way SE by a public road, Road E, from which anorth-south road through the subdivision would branch, Road A. Road E extends southwest past the intersection with Road A, where it becomes Road F. Road F will terminate in a temporary cul-de- sac where the proposed subdivision site abuts the property to the south. Because the property to the south is under the same ownership as the proposed subdivision site, Road F will eventually extend south, through the southern property, to the proposed Evergreen Way, providing another point of access to the proposed subdivision. Exhibit 1, Staff Report, page 4; Exhibit 4. 28. Developing the proposed subdivision in two sections would require the installation of a tall retaining wall between the two areas, located along the lot lines of Lots 16-19, 20-22, and 38. The retaining wall would support the grade differential between the two portions of the proposed subdivision site, but the wall would• prevent vehicle and pedestrian passage between the two portions of the site. The Applicant has proposed a 10-foot retaining wall maintenance easement along the lot lines of Lots 16-19, 20- 22, and 38. A retaining wall would also lie along the margin of Lots 23, 24, 29, and 30. Exhibit 1, Staff Report, page 4; Exhibit 4. 5 See Finding 16 of Findings, Conclusions, and Recommendation, Hearings Examiner for the City of Aubum, Kersey III Rezone/PUD/Preliminary Plat, No. PLTOS-0001, PLTOS-0002, issued September 2005. Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 10 of 25 29. The Applicant also requested approval of four modifications of standards set by Chapter 17.12 ACC, Subdivision Improvements. The Applicant made the following requests: a. Reduction in the required intersection spacing between Kersey Way SE and plat Road A (Modification A); b. Reduction in lot width for proposed Lots 48, 54, 55, 56, 60, and 61 (Modification B); c. Reduction in the horizontal centerline radius for Road F near Lot 59 and Road A near Lot 68 (Modification C); d. Allowance to exceed the standard maximum road grade of 6% to allow grades up to 7.5% for Roads A, B, C, F, and cul-de-sacs A and B (Modification D); e. Approval of the boulevard design of the site entrance (Modification E); f. Approval to allow Lots 1 through 19 without a secondary emergency access when 25 residential units are exceeded and are being served by the single road connection (Modification F). The City's Transportation Planner, Joe Welsh, testified that all modifications would be necessary, and thus, would have to be approved by the City Council, to permit connection between lots via an internal road network. Mr. Lou Larsen, Applicant's engineer, testified that the preliminary plat layout depended on approval of all modification requests. Mr. Welsh testified that the requested modifications are acceptable to the City Engineering Department, and necessary to accomplish appropriate road engineering within the proposed subdivision. Exhibit 28; Exhibit 29; Exhibit 30; Exhibit 31; Exhibit 32; Exhibit 33; Testimony of Mr. Welsh; Testimony of Mr. Larsen. 30. The Applicant requested Modification A after the City determined that the Applicant's initial proposal to connect Kersey Way SE with the Kersey III development's road infrastructure, via a road through the proposed subdivision, would call for an unacceptable road grade. Following the City's determination, the Applicant redesigned the proposed subdivision road layout to remove the connection through the proposed subdivision, and provide entry to the SS lots in the northern section of the proposed subdivision via Public Road E and Public Road A. The Applicant stated a landscaped boulevard connection would be required to provide dual access to Kersey Way for the SS lots. The Applicant proposed a reduced intersection spacing of 185 ft between Road E/Road A and Kersey Way SE, to allow for a road layout in which all lots could access Road A directly. The Applicant reported that lots are not allowed to access directly onto a boulevard, and that denial of the modification would result in access tracts being used to access lots between Road A and Kersey Way. SE, reducing the number of possible lots. Exhibit 28. 31. The Applicant requested Modification B to provide for width modifications on lots 48, 54, 55, 56. 60, and 61. The Applicant noted the lesser widths were necessary to Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page l l of 25 accommodate the road connection points with the Kersey III development and the wetland and stream buffer on the property. The Applicant stated that denial of the modification would result in the loss of at least three lots, and the Kersey III development to the east of the proposed subdivision would have lots smaller than any lot in the proposed subdivision. Exhibit 29. 32. The Applicant requested Modification C to accommodate the road connection points with the Kersey III development and Kersey Way SE. The Applicant stated the width of the proposed subdivision would not be great enough to accommodate a 375-foot road curve radius, without eliminating many lots from the proposed subdivision. The two curves proposed by the Applicant would have 100-foot and 150-foot radii. The Applicant proposed afour-way intersection near the two curves controlled by two- . way stop signs. The Applicant noted that the Kersey III development and the Lakeland Hills development north of the proposed subdivision would have horizontal curves below a 375-foot radius. Exhibit 30. 33. The Applicant proposed Modification D to minimize the height of the vertical cut that would be made to cut the plat in two sections, cutting off vehicle and pedestrian access. The Applicant noted that nearby Kersey III and Terrace View Apartments developments employ 12% maximum road grades. The Applicant proposed a 7.5% maximum road grade for the proposed subdivision. Exhibit 31. 34. The Applicant proposed Modification E to permit the splitting of the proposed subdivision site into two portions, the northern and the southern portion, necessitated by the City's road grade limits. The splitting of the site would permit only singular access to the proposed subdivision's northern 51 lots. The Applicant reported that denial of the request could mean the proposed subdivision's southern 191ots would remain undeveloped. Exhibit 32. 35. The Applicant requested Modification F to permit a split "boulevard-style" entry from Kersey Way SE into the proposed subdivision, at Road E. The Applicant reported the boulevard entry would be developed. instead of a second access point for the proposed subdivision's northern 51 lots, since the split of the site to accommodate grading requirements would only allow for singular access to the lots. The Applicant would satisfy secondary emergency access requirements through boulevard construction. Exhibit 33. 36. No transit service is provided adjacent to the proposed subdivision. The nearest transit service available is King County METRO Route 151, which provides service along Mill Pond Drive SE, approximately 1.9 miles to the west of the proposed subdivision. Exhibit 4; Exhibit 16. 37. The Applicant does not propose to create parks or recreational areas within the proposed subdivision. The Applicant would pay the City a park impact fee in-lieu-of Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 12 of 25 park or recreational area creation.6 Exhibit 1, Staff Report, page 7; Testimony of Mr. Pilcher. 38. The proposed subdivision site is located within the Auburn School District. The City collects a school impact fee for subdivision development's impact on District infrastructure. Exhibit 1, Staff Report, page 6. 39. Dan Repp, City Public Works, testified that water and sewer service is available for the proposed subdivision. Testimony of Mr. Repp. 40. Mr. Repp explained that the method used to make the water service available to the subdivision is currently in question. If the Kersey III development is fully developed (Divisions 1 and 2), water lines would be installed to the northern portion of the proposed subdivision site. The lines would then be extended north to serve the rest of the site. If the Kersey III development is not built, the Applicant would need to explore other options, construction of one or more of which would then become a condition of approval. The other options include the following improvements required by the City's 2001 Water Comprehensive Plan, either (a) and (b) or (c) and (d) of which must be completed prior to final plat approval: a. BP-112: a booster pump facility located along Kersey Way between Oravetz Road and Stuck River Road; b. DS-213-1211, 1411: a 16-inch pipeline within Kersey Way, from 37~' Way SE through BP-112, to and through the site into the Zone Four pressure zone; c. BP-111: a booster pump facility located along East Valley Highway near 8`h Street E; d. DS-208-1408, 1508: a 16-inch pipeline within East Valley Highway extending from Oravetz to 8~' Street E and DS-649-1509, 1510: a 12-inch pipeline within Elizabeth Avenue SE extending from the existing stub in Elizabeth Loop SE to Lakeland Hills Loop SE. Exhibit 1, Staff Report, page S; Testimony of Mr. Repp. 41. Mr. Pilcher, City Planner, testified that though the City has not yet approved the Applicant's proposal for delivering sanitary sewer service to the proposed subdivision, the details of sanitary sewer service provision can be worked out prior to 6 T'he City did not pass a park impact fee ordinance until after the Applicant filed his application, but the ordinance had been passed by the City at the time of the public hearing on the project. Had the ordinance not been passed, the Applicant would have been called to adhere to his earlier agreement to pay $152, 716.15 to the City Parks Department for City parks projects. By the earlier ordinance, ACC 17.12.260, an applicant for a preliminary plat of greater than SO lots would usually be required to provide on-site recreational facilities. In this case, the Parks Department would have been willing to accept afee-in-lieu, due to the steep slopes on site. Exhibit 1, Staff Report, pages 6 and 7; Testimony of Mr. Pilcher. Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 13 of 25 final plat approval. Options for providing sanitary sewer service to the proposed subdivision include: a) a gravity sewer system, in step with the 2001 City Comprehensive Sanitary Sewer Plan, routed south along Kersey Way SE down the White River to the Lakeland Hills (King County) Pump Station; b) a single sewer pump station to serve the proposed subdivision, until a permanent gravity sewer system is constructed. Mr. Pilcher added that the City is currently evaluating the pump station option to determine its feasibility. Regardless, the City would require the Applicant to extend a gravity sewer line along the proposed subdivision's frontage along Kersey Way SE. Tract D would be a sewer easement in the northwest corner of the proposed subdivision. Exhibit 1 Staff Report, pages 4 - 6; Testimony of Mr. Pilcher. 42. In a letter to the City, Scott Finch, on behalf of Lakeland Hills Estates LLC, expressed a commitment to participate in the cost of constructing either the sanitary sewer lift station or the gravity system that would be located along Kersey Way SE. Exhibit 24. 43. Scott Finch, on behalf of the Applicant, testified that the Applicant supports all proposed revised conditions listed in the Revised Proposed Conditions of Approval for Lakeland Hills Estates, dated November 7, 2006. Testimony of Mr. Finch. CONCLUSIONS Jurisdiction Pursuant to Auburn City Code (ACC) Chapter 18.66, Section 14.03.040(A) and Section 17.06.050, the Hearings Examiner is granted jurisdiction to conduct a public hearing on a preliminary plat application, and to make a recommendation to the City Council for application approval, approval with conditions, or disapproval. Pursuant to ACC Section 17.18.010, the Hearing Examiner is granted jurisdiction to make a recommendation on the Applicant's request for a modification of any standard or specification established or referenced by Chapter 17.12 ACC. The Hearing Examiner must make the findings of fact listed in ACC Section 17.18.030 to approve, approve with conditions, or deny the modification. ACC 17.18.010(A); ACC 17.18.040. The Hearing Examiner shall make a recommendation on the Applicant's request for modification simultaneously with a preliminary plat application recommendation. ACC 17.18.010(B). Criteria for Review Pursuant to ACC 17.06.070, preliminary plats shall only be approved if findings of fact 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; Findings, Conclusions, and Recommendation Hearing Examiner for the City ofAuburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 14 of 25 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. Pursuant to ACC 17.18.030, the hearing examiner may recommend approval of a request for modification of any Chapter 17.12 ACC standard or specification, upon making the following findings of fact: A. Such modification is necessary because of special circumstances related to the size, shape, topography, location or surroundings of the subject property, to provide the owner with development rights and privileges permitted to other properties in the vicinity and in the zoning district in which the subject property is located; B. That, because of such special circumstances, the development of the property in strict conformity with the provisions of this title will not allow a reasonable and harmonious use of the property; C. That the modification, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the property is located; ' ACC 17.02.030 establishes that the purpose of this title is to regulate the division of land lying within the corporate limits of the city, and to promote the public health, safety and general welfare and prevent or abate public nuisances in accordance with standards established by the state and the city, and to: (A) prevent the overcrowding of land; (B) lessen congestion and promote safe and convenient travel by the public on streets and highways; (C) promote the effective use of land; (D) provide for adequate light and air; (E) facilitate adequate provision for water, sewerage, drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements; provide for proper ingress and egress; provide for the expeditious review and approval of proposed land divisions which comply with this title, the Auburn zoning ordinance, other city plans, policies, and land use controls, and Chapter 58.17 RCW; (H) adequately provide for the housing and commercial needs of the citizens of the state and city; (I) require uniform monumenting of land divisions and conveyance by accurate legal description; (J) implement the goals, objectives and policies of the Auburn comprehensive plan; (K) prevent or abate public nuisances. Findings, Conclusions, and Recommendation Hearing Examiner for the City ofAuburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page I S of ZS D. Such modification will not be materially detrimental to the implementation of the policies and objectives of the comprehensive land use, circulation and utility plans of the city; E. Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district; F. The approval of the modification will be consistent with the purpose of this title; G. The modification cannot lessen the requirements of the zoning ordinance.8 Conclusions Based on Findings I. Preliminary Plat Application A. With conditions, adequate provisions will be 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 City provided adequate notice of the public hearing associated with the application and opportunity for public comment. The proposed subdivision's internal street system will be public and will provide adequate vehicular and pedestrian transportation routes for subdivision residents. The Applicant will pay a fee in-lieu-of providing park space within the proposed subdivision. Stormwater will be collected on-site and routed to a stormwater detention facility for treatment and dispersal. The Applicant will construct improvements to Kersey Way SE, to ensure motorist safety and to construct a pedestrian path along the street. The Applicant will mitigate the impact of the proposed subdivision on Auburn School District schools by payment of a school impact fee. Water and, sewer service will be available to the proposed subdivision. Retaining walls will be built within the proposed subdivision to protect steeper slopes. Conditions of approval are necessary to ensure that a means of providing sewer and water service to the proposed subdivision is constructed. Conditions of approval are also necessary to ensure that internal subdivision streets connect to streets of a neighboring development, to provide drop-off and pick-up opportunities for school bus access along internal subdivision roads, and to provide for construction of adequate public storm drainage facilities. Findings 1, 2, 3, 6, 12, 19, 21- 28, 37 - 43. s Any such modification must be processed as a variance pursuant to ACC Section 18.70.010. ACC 17.18.030(G). Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 16 of 25 B. With conditions, 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 proposed subdivision would provide single-family residential housing and would be consistent with the purposes and regulations of the subdivision title, consistent with the general purposes and policies of the City Comprehensive Plan, and would, be consistent with the City's 2001 City Comprehensive Sanitary Sewer Plan. Should the Kersey III Division 1 development not be completed, the subdivision's water service provision will be required to conform to the City's 2001 Water Comprehensive Plan. Proposed subdivision lots would be oriented away from Kersey Way SE, a minor arterial, in step with Policy LU- 25 of the City Comprehensive Plan. The proposed subdivision's development will be coordinated with the construction of water and sewer service provision facilities in the area of the proposed subdivision. Subdivision development would provide for the enhancement of critical lands, including wetlands, streams, and wetland/stream buffer areas, through aCity-approved conceptual mitigation plan. The Applicant will construct improvements to Kersey Way SE, to ensure motorist safety and to construct a pedestrian path along the street. The improvements will not diminish level of service along the R Street SE/Kersey Way SE and Evergreen Way SE arterial corridors. The Applicant will provide for open. space. within the proposed subdivision via a wetland/open space tract. The request to reduce 71ot widths within the proposed subdivision will promote the effective use of land, by allowing space for development of internal subdivision roads and wetland and stream buffers. The proposed subdivision's internal street system will be public and will provide adequate vehicular and pedestrian transportation routes for subdivision residents. The Applicant will pay a fee in-lieu-of providing park space within the proposed subdivision.. Stormwater will be collected on-site and routed to a stormwater detention facility for treatment and dispersal. The Applicant will mitigate the impact of the proposed subdivision on Auburn School District schools by payment of a school impact fee. Water and sewer service will be available to the proposed subdivision. Retaining walls will be built within the proposed subdivision to protect steeper slopes. Conditions of approval are necessary to ensure that future subdivision home buyers have notice of neighboring gravel mine operations prior to purchasing a subdivision home, and to ensure that a means of providing sewer and water service to the proposed subdivision is constructed. Conditions of approval are also necessary to ensure that internal subdivision streets connect to streets of a neighboring development, to provide drop-off and pick-up opportunities for school bus access along internal subdivision roads, to provide for construction of adequate public storm drainage facilities, and to ensure wetland mitigation Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 17 of 25 and monitoring complies with the City's Critical Areas Ordinance. Findings 1, 6, 9, 10 - 28, 37 - 43. C. The plat conforms to the City of Auburn's zoning ordinance, Title 18, and any other applicable planning or engineering standard and specifications. The proposed subdivision will contain single-family residential housing at a development density of 3.1 dwelling units per acre. No lot will be less than 8,000 sq. ft. in area, in compliance with the Rl zoning district minimum lot size requirement. Seven of the 70 proposed lots, or 10% of the proposed lots, will have widths less than 75 feet to accommodate the. subdivision's internal road system and wetland stream buffer areas. This lot width reduction complies with ACC Section 18.12.040(B)(1)requfrements for lot width reduction. Findings 1 and 8. D. 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. The City determined that the proposed subdivision would not have a probable significant adverse impact on the environment, and issued a Determination of Nonsignificance , (DNS). Conditions of approval are necessary to ensure that site disturbing activities on the proposed subdivision site are monitored to determine the presence, if any, of archaeological. resources on the proposed subdivision site. Conditions of approval are also necessary to ensure that on-site wetlands, stream, and buffer areas are protected in compliance with City Critical Areas Ordinances. Findings 4, 5, 13 -18. E. With conditions, 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 andlor beasts, or creating unsafe pedestrian and traffic situations. Potentially unsafe pedestrian and traffic situations will be alleviated by the construction of Kersey Way SE street and pedestrian improvements, and by the construction of the subdivision internal road system. Conditions of approval are necessary to ensure that connections to public sewer and water will limit potential negative impacts to public health, to ensure that street improvements are constructed in compliance with City standards, and to ensure that proposed subdivision home buyers have notice of neighboring mine operations prior to purchasing subdivision homes. Findings 1, 20 - 23, 26, 27, 39 - 43. Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 18 of 25 II. Modification Requests9 A. Special circumstances make modification necessary in this case, and because of such special circumstances, development of the proposed subdivision site in strict conformity with Title 17, Auburn City Code will not allow reasonable and harmonious use of the property. The steep slopes present on site and the site's proximity to a minor arterial make all the modifications. requested necessary in this case. Development of the proposed subdivision in strict conformity with Title 17 would mean: development of an internal road system with inappropriate road engineering and grades inconsistent with City standards; inappropriate vehicular entry from and onto Kersey Way SE, a minor arterial; loss of area dedicated to wetland/stream buffer areas in step with the City Critical Areas Ordinance; and elimination of some subdivision lots for single family residential development similar to development in neighboring subdivisions. Findings 1, 6, 7, 8, 11-18, 21- 23, 25 - 27, 29 - 35. B. Modification approval will not alter the character of the neighborhood, or be detrimental to surrounding properties. Approval of al requested modifications will result in the development of asingle-family residential subdivision, consistent with the single-family residential subdivisions that surround the proposed subdivision. Approval of all modifications will be beneficial to the neighboring Kersey III Division 1 subdivision development, because the requested modifications will provide for connecting proposed subdivision internal roads with Kersey III Division 1 development internal roads. Findings 1, 6 - 9, 11, 21- 23, 25 - 27, 29 - 35. C. Modification approval will not be materially detrimental to the implementation of city policies, objectives, and plans. Modification approval will be consistent with City Comprehensive plan goals and policies. Approval of all the modifications will permit orienting proposed subdivision dwelling units away from Kersey Way SE, a minor arterial, and provide for a proposed subdivision internal road system with pedestrian access from the residential area to Kersey Way SE. Modification approval will allow for coordination of single- familyresidential development with nearby transportation infrastructure, promote coordinated regional growth by constructing street connections between the proposed subdivision and the Kersey III Division 1 development, and to ensure critical wetland/stream buffer areas are protected. Findings 1, 8 -10, 12 -I8, 21- 23, 25 - 27, 29 - 35. 9 The Hearing Examiner will make a single recommendation regarding the Applicant's modification requests, since all the modifications would be necessary, and thus, would have to be approved by the City Council, to permit connection between lots via an internal road network. Finding 28. Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 19 of 25 D. Literal interpretation of Title 17, Auburn City Code, would deprive the Applicant of rights commonly enjoyed by other properties in the Rl zoning district. The Applicant requests modifications consistent with development parameters in subdivisions surrounding the proposed subdivision. Modification denial would result in elimination of subdivision lots that would otherwise be permitted within the Rl zoning district, according to R1 zoning district minimum lot size and minimum lot width requirements. Findings 1, 6 - 8, 11, 12, 21- 23, 25 - 27, 29 - 35. E. Modification approval will be consistent with the purpose of Title 17, Auburn City Code and will not lessen the requirements of the Auburn zoning ordinance. Approval of all the modifications will result in subdivision lots that meet the minimum lot size and minimum lot width requirements of the R1 zoning district. Modification approval will allow the Applicant to coordinate proposed subdivision internal road system development with improvements to Kersey Way SE. The improvements will ensure motorist safety and provide a pedestrian path along streets. The improvements will not diminish level of service along the R Street SE/Kersey Way SE and Evergreen Way SE arterial corridors. The request to reduce 71ot widths within the proposed subdivision will promote the effective use of land, by allowing space for development of internal subdivision roads, wetland/stream buffer areas, and single-family residential lots. The proposed subdivision's internal street system will be public and will provide adequate vehicular and pedestrian transportation routes for subdivision residents. Modification approval would also be consistent with the goals and policies of the City Comprehensive Plan (see Conclusion II (C), above). Findings 1, 6 - 10, 12, 13-18, 21-27, 29-35. 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 application to subdivide four parcels of land, 22.97 total acres, into 70 single-family residential lots, a storm drainage tract and a wetland tract, and the related requests for modifications be APPROVED, with preliminary plat approval subject to the following conditions: to 1. Prior to final plat approval, the construction of a gravity sewer system is required to serve the property per the 2001 Comprehensive Sewer Plan along Kersey Way and along the White River to the Lakeland hills (King County Metro) Pump Station; OR lA. An alternative, a single sewer pump station, if feasible, may be constructed to temporarily serve the proposed development until such time as the permanent gravity sewer is in place. Some of the feasibility issues to consider involve the 10 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 Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 20 of 25 ability to bypass pump the system, providing safe working pressures within the pumping system, and available downstream capacity of the existing gravity system. The pump station shall be designed and constructed to serve the sewer basin determined by the City. In addition, the interim pump station shall be located such that it provides adequate space to meet the design requirements for the interim pump station, access to the pump station and access to the storm drainage ponds. Meeting this requirement may impact the configuration and total number of lots proposed, particularly lots 65 through 69. 2. Prior to final plat, the development is required to construct the following offsite improvements as identified in the 2001 Water Comp Plan to bring water from the valley system to the zone four pressure zone to serve the site. a. BP-112; a booster pump facility located along Kersey Way between Oravetz Road and Stuck River Road b. DS - 213-1211, 1411; A 16-inch pipeline within Kersey Way, from 37~'' Way SE through BP-112, to and through the site frontage (approximately 4000 linear feet). 3. An alternative to the completion of the Kersey Way booster pump station and Kersey Way waterline improvements would require completion of the following as identified in the 2001 Water Comprehensive Plan: a. BP-111; A booster pump facility located along East Valley Highway (EVH) near 8~' St E. b. DS-208-1408, 1508; A 16-inch pipeline within EVH extending from the existing 12- inch line south of Lakeland Hills Way to 8`~ St E (approximately 30001inear feet). c. DS-649-1509, 1510; A 12-inch pipeline within Elizabeth Ave SE extending from the existing stub in Elizabeth Ave SE (north of 58"' Pl SE) to the northern entrance to Elizabeth Loop SE (approximately 8001inear feet). 4. Construction activities within the southern portion of the plat (lots 1-19) shall not commence until the connecting streets within Kersey III Division 1 have been constructed and dedicated as public streets. Internal plat streets and utilities shall be extended to the adjoining property as depicted on the preliminary plat. Easements shall be granted to the City for the temporary cul-de-sac turnarounds where plat roads terminate at adjacent properties. These easements shall allow for the City and/or its authorized agents to remove the cul-de-sacs at the time the roads are extended to serve the adjoining property. Building setback requirements shall be measured. from the permanent lot boundary, not the easement edge. 6. In order to avoid negatively impacting Lot 1, the temporary cul-de-sac on Road B shall be centered on the street alignment and equally intrude onto both Lots 1 and 9. Alternatively, Lot 1 shall be designated as "unbuildable" until such time the temporary cul-de-sac is removed. 7. A dedicated southbound right turn lane on Kersey Way SE to proposed Road E shall be constructed as directed by the City Engineer, prior to final plat approval. The applicant shall dedicate sufficient right-of--way to accommodate the turn lane. Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 21 of 25 8. A dedicated northbound left turn lane on Kersey Way SE to proposed Road E shall be constructed as directed by the City Engineer, prior to final plat approval. The applicant shall dedicate sufficient right-of--way to accommodate the turn lane. 9. Prior to final plat approval, appropriate advance warning devices shall be placed to the satisfaction of the City Engineer along Kersey Way approaching the site intersection warning drivers of an intersection ahead. 10. Prior to final plat approval, vegetation shall be removed along both the easterly and westerly edges of Kersey Way SE, approximately 500 feet north and south of the site entrance, to provide and preserve site distance. 11. Prior to issuance of construction permits, the applicant shall submit a haul route plan explaining: roads to be traveled on, type of material to be hauled, total quantity of material to be hauled, total number of expected days of the haul, expected daily start and end time of the haul, total number of trips, total number of expected trips per day estimated start and completion date. A traffic control plan shall be submitted showing intended methods and placement of traffic control and clearly showing the site entrance used for hauling. Based on the haul route plan, the City Engineer may condition hauling operations to mitigate impacts to streets. Such measures may include road repair or reconstruction, limitations to days and times of the haul, and installation of traffic control measures. 12. Applicant shall construct the street frontage improvements along Kersey Way to include a 10 foot wide paved trail separated from the road travel way by a 5 foot wide landscape strip and a vertical curb. 13. Applicant shall provide adequate facilities within the plat to allow drop off and pick up opportunities for school bus access along roads with grades less than 6% to the satisfaction of the Auburn School District and the City Engineer. 14. The boulevard median shall be designed to accommodate sight distance and maintenance requirements and shall include street trees in tree pits with grates and a solid decorative surface finish for the remainder of the median as approved by the City Engineer. 15. A park fee of $152,716.15 shall be paid to the City prior to final plat approval unless the City adopts a park impact fee prior to that time. In that event, park impact fees shall be required in lieu of the aforementioned fee at the time of building permit issue. 16. Prior to issuance of clearing or grading permits, a plan for grading and clearing necessary for both the construction of infrastructure (roads and utilities) and lot grading shall be approved by the City Engineer. The objective of the plan should be to accomplish the desired amount of grading during one construction period; while limiting the extent of exposed ground, and to limit or avoid the need for subsequent grading and disturbance, including grading of individual lots during home construction. The geotechnical engineer shall develop specific recommendations to mitigate grading activities, with particular attention to developing a plan to minimize the extent and time soils are exposed and also to address grading and related activities during wet weather periods (the period of greatest concern is October 1 through March 31). Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 22 of 25 17. Upon completion of rough grading and excavation, the applicant shall have a geotechnical engineer re-analyze the site and determine if new or additional mitigation measures are necessary. A revised geo-technical report shall be submitted for approval by the City Engineer. Recommendations for areas where subsurface water is known or discovered shall be given particular attention by the geotechnical engineer and coordinated with the project engineer responsible for the storm drainage system design 18. Prior to commencing site clearing or grading activities, the applicant shall submit a proposed dust control plan for review and approval. This plan shall show methods of preventing dust from impacting adjacent properties, natural and public storm drainage systems, and right-of- ways. Control measures shall be implemented prior to the beginning and in conjunction with on-site clearing, filling, grading or other construction activities. 19. Storm drainage facilities shall incorporate high standards of design to enhance the appearance of the site and serve as an amenity. The design of above ground storage and conveyance facilities shall incorporate landscaping utilizing native vegetation, minimal side slopes, safety, maintenance needs, and function. Prior to final plan approval, a landscaping plan with applicable cross-sections shall be provided to demonstrate that storm drainage pond aesthetic requirements consistent with City standards can be accommodated on-site. Z0. To enhance the water quality of the discharge leaving the site, appropriately designed aeration shall be provided within the storm pond. 21. The applicant or a future Homeowners Association shall maintain those portions of the stormwater tract, including landscaping and walls, located outside the fenced pond boundary at the 10-year storm water surface elevation, as determined by the City. Engineer. 22. The design of the storm drainage conveyance lines shall consider upstream bypass surface flows, and route them appropriately through the project site, as approved by the City Engineer. 23. Maintenance access shall be provided to all structures proposed to be in public ownership and to the proposed storm ponds. The remaining portions (as applicable) of this system shall be placed within a tract dedicated to the Homeowners Association for maintenance and operation. 24. Public storm drainage facilities shall be constructed to adequately manage ~th~ storm water quantity and quality impacts from the proposed public street improvements associated with the project including Kersey Way. Storm drainage from the public street improvements shall not be allowed to drain into any private storm drainage facilities. 25. In order to alert potential lot purchasers of the presence of adjacent surface mining operations, the following note shall be placed on the final plat and within the deed for each home offered for sale: "NOTICE: This property is near designated mineral resource lands on which a variety of commercial activities occur that may not be compatible with residential development, including, but not limited to, mining, extraction, washing, crushing, Findings, Conclusions, and Recommendation Hearing Examiner for the City ofAuburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 23 of 25 stockpiling, transporting, concrete and asphalt production, recycling of materials, and their related and supporting activities." 26. Residential streets that are 28 feet in width, face of curb to face of curb, shall allow parking on one side of the street only. "No Parking this Side" signs, in accordance with City of Auburn standard details, shall be installed on the same side of the street where f re hydrants are located, prior final plat approval. Failure to provide the "No Parking" signs will result in the street being declared a Fire Lane and additional signage and painting will be required by the Fire Marshal in order to meet Auburn City Code 10.36.075, Fire Lanes Marking. 27. No direct lot access shall be allowed to 49t'' St SE, Kersey Way SE or Evergreen Way SE. Access to the storm drainage pond may be provided from 49`x' St. SE, upon approval by the City Engineer. 28. The applicant shall install a solid wood fence constructed five (5) feet from the rear property lines of proposed Lots 35-37 and 68-70. Evergreen shrubs that will attain the same height shall be planted between the fence and the edge of the right-of--way. This requirement shall be completed consistent with city design and construction standards. 29. Prior to issuance of construction permits, the applicant shall submit the proposed retaining wall design and its aesthetic treatment for the wall to be located between the upper and lower portions of the plat. The intent of the design. shall be to mitigate the visual impact of this wall for those lots located on the downhill (northern) side of the wall. 30. The final plat drawing shall contain the address of all lots as assigned by the City of Auburn. 31. A final mitigation plan, monitoring schedule, and contingency plan for the wetland/stream corridor shall be submitted for review and approval by the Planning Director prior to the commencement of any construction activities. The mitigation plan shall include measures to prevent human activities within the buffer area. The mitigation plan shall be prepared consistent with the City's Critical Areas Ordinance. 32. The Applicant shall design the public facilities, including but not limited to the location of structures and appurtenances, to facilitate their future maintenance and operations such that the impact of the steeper road grades are reduced, as approved by the City Engineer. 33. Where retaining walls are used adjacent to public roads or within a public facility, the applicant shall provide either mechanically stabilized earth or cement concrete retaining walls, as approved by the City Engineer. 34. Permanent gravity sanitary sewer service for the development is to be provided through a connection to the future Kersey Way gravity line by routing flows down Road E (from the manhole at the intersection of Road A and Road F) to Kersey Way. Permanent gravity service to the Road A cul-de-sac may be routed through-Tract D and then to the future Kersey Way gravity line. Should the interim lift station be acceptable, the developer will need to provide a temporary gravity line from the Kersey Way line to the proposed lift station. Findings, Conclusions, and Recommendation Hearing Examiner for the City ofAuburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 24 of 25 35. Site disturbing activities should be monitored by the Applicant to determine the presence, if any, of archaeological resources within the proposed subdivision site boundaries. Evidence of the presence of archaeological resources shall be promptly reported to the City of Auburn. S~ Dated this `Z. ~ day of November, 2006. THEODORE PAUL HUNTER Hearing Examiner Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Lakeland Hills Estates Preliminary Plat PLTOS-0004 Page 25 of 25 LEGAL DESCRFATION PARCEL A: Cx h ~ to ~ -t- 1~ LOT 1, AUF3lN2N: CORRECTFON SHORT PLAT NIMIBER SP-8-78, p Ut~ER RECORDING NUMBER 8003110673, BEING A REVISION OF SHORT PLAT RECORDED' UNDER RECg2pING NIAY~iER 7805230335 AIJD ,7p~, 8E1~ A PORTION OF THE EAST HALF OF THE SOUT}NYEST QUARTER OF SECTION 32 TOWNSHIP 21 FIORT}I, RANGE 5 PAST, VYIU.AAIETTE ~~Fd, M FANG COUNTY, WASHFNGTON; TOGETHER WTI~i AN EASEA~ENT FOR FNGRESS, EGRESS AND UTFLTfFES AS DEL~4T® ON THE FACE OF SAS SHORT PLAT. PARCEL B: LOT 4, AUBURN CORRECTION SHORT PLATNUMBER SP-B-78, RECORDED UNDER RECORrXNG NUMBER 8003110673, BEING A REVISION OF SHORT PLAT RE(ARDEO UNDER RECORDMIG NlJt~ER ~ AIJD ~, ~~ A PORTION OF THE EAST HALF OF THE SOS1TIfi+VEST Q11~4RTER OF SECTION 32 T01M~L57-IIP ~ NORTH, RANGE 5 EAST. Wq.LAp~7TE F+~DIAN, W KING COUNTY, WASHINGTON. PARCEL C: THAT PORTION OF LOT $ CRY OF AUBURN SHORT PLAT NUS gP 22.77 REVISION. RECORDEp l1~ER RECORaNG NUMBER 190530'1012 W FCIMG COUNTY. WASFiFNGTON, BE~IG A PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER QF SECTION 32 TOWNSHIP 21, NORTH, RANGE 5 EAST, W.M., N IQNG COUNTY, WASHINGTON, COA~AI~ENCMIG AT THE MJTERSECTr01d OF THE EAST LNrE OF SAID LOT 2 WITH THE SOUTHWES7ERI.Y MARGMI OF F¢RSEY WAY SOUTHEAST (ORAVETZ ROADk THENCE NORTFMIE9TBiLY ALONG TFIE SOUTFERLY BOUNOW2Y OF ORAVETZ Rta4D A DISTANCE OF 99.70 FEET TO 7FIE TRUE POg4T OF BEGGING; THENCE NORTH 39'19'5$' WESTERLY ALONG THE SOUTH BOI~DARY OF ORAVETZ ROAD 513.39 FEET, MORE OR LESS. TO A PO~1T OF FNTERSECTFON OF 7F~ WEST 80UFJOAIZY LN~E CIF LOT 2. WITH TFf SAS ORAVETZ ROAD; TF~NCE SOUTH 01'21'03' WEST A DISTANCE OF 579 FEET TO A PQNT ON THE SAAID WEST BOUf1a,4RY LMIE OF LOT 2; Th~NCE SOUTH 58~8~7" EAST 235 FEET; TF~NCE NORTH o1m'03' FAST 86.08 FEET THENCE NORTH 451231' EAST TO THE TRUE PON~IT OF BEGINNFN(i. - - --PARCEL E}:-.,..._ ._. L07 2, CITY 0~ AUBURN SIi0R1' PLAT NUMBdt Sp-2277 p ~R ~ 79D5301012 MI I01JG COUNTY. WASFiNGTpi, BEING A PORTION CF THE EAST FIALF OF TIf SOUTMIVESi gUARTER OF SECTION 32, TOMVNSHFP 21, NORTH. RANGE 5 EAST, W.M., N FANG CO(1NTY, WASHNJGTON; EXCEPT' THAT PORTION THEREOF CO~NCBVG AT THE N1t~CTgN QF THE FAST L~ OF SAS LOT 2 WTfH THE SOUTHYVESTB2LY A1AR(~l OF FO=RSEY WAY SOUTHEAST (OFtAVETZ RQADk THENCE NORTHIAY ALONG THE S0l1TtERLY BO.lJNa4RY OF ORAVETZ ROAD A DISTANCE OF 99.70 FEET TO THE TRUE P09JT OF BEGMIPIB~IG; THENCE NORTH 39'19'58' WESTERLY ALONG 7I~ SOUTH BOUI~IARY OF ~qV~ ROWD A DISTANCE OF 513.39 FEET, MORE OR LESS. TO A POINT OF M1T>~SECTIQN OF YFIE WEST BOUf~ARY LFt~ OF LOT 2 WTTH SAS ORAVETZ ROWD; THENCE SOUTH 01°21'03' WEST A DISTANCE OF 579 FEET TO A PONT ON THI= SAFD WEST BOUNDARY UNE OF LOT 2; THENCE SOUTH 58°38'5T EAST 23b FEET; THENCE NORTH 011'03' EAST x_06 FEET; THENCE NORTH 45231' EAST TO THE TRUE POINT OF HEGRVN~IG. IXHIBIT 2 EXHIBIT "B" LEGAL DESCRIPTION FOR LAKELAND HILL ESTATES PARCEL A: LOT 1, AUBURN CORRECTION SHORT PLAT NUMBER SP-8-78, RECORDED UNDER RECORDING NUMBER 8003110673, BEING A REVISION OF SHORT PLAT RECORDED UNDER RECORDING NUMBER 7805230335 AND 7806200355, BEING A PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 32 TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS DELINEATED ON THE FACE OF SAID SHORT PLAT. PARCEL B: LOT 4, AUBURN CORRECTION SHORT PLAT NUMBER SP-8-78, RECORDED UNDER RECORDING NUMBER 8003110673, BEING A REVISION OF SHORT PLAT RECORDED UNDER RECORDING NUMBER 7805230335 AND 7806200355, BEING A PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 32 TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY; WASHINGTON. PARCEL C: THAT PORTION OF LOT 2, CITY OF AUBURN SHORT PLAT NUMBER SP-22-77 REVISION, RECORDED UNDER RECORDING NUMBER 7905301012 IN KING COUNTY, WASHINGTON, BEING A PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 21, NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID LOT 2 WITH THE SOUTHWESTERLY MARGIN OF KERSEY WAY SOUTHEAST (ORAVETZ ROAD); THENCE NORTHWESTERLY ALONG THE SOUTHERLY BOUNDARY OF ORAVETZ ROAD A DISTANCE OF 99.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 39°19'58" WESTERLY ALONG THE SOUTH BOUNDARY OF ORAVETZ ROAD 513.39 FEET, MORE OR LESS, TO A POINT OF INTERSECTION OF THE WEST BOUNDARY LINE OF LOT 2, WITH THE SAID ORAVETZ ROAD; THENCE SOUTH 01°21'03" WEST A DISTANCE OF 579 FEET TO A POINT ON THE SAID WEST BOUNDARY LINE OF LOT 2; THENCE SOUTH 58°28'57" EAST 235 FEET; THENCE NORTH 01°21'03" EAST 86.08 FEET; THENCE NORTH 45°22'31" EAST TO THE TRUE POINT OF BEGINNING. PARCEL D: LOT 2, CITY OF AUBURN SHORT PLAT NUMBER SP-22-77 REVISION, RECORDED UNDER RECORDING NUMBER 7905301012 IN KING COUNTY, WASHINGTON, BEING A PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 21, NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXHIBIT "B" EXCEPT THAT PORTION THEREOF COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID LOT 2 WITH THE SOUTHWESTERLY MARGIN OF KERSEY WAY SOUTHEAST (ORAVETZ ROAD); THENCE NORTHWESTERLY ALONG THE SOUTHERLY BOUNDARY OF ORAVETZ ROAD A DISTANCE OF 99.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 39°19'58" WESTERLY ALONG THE SOUTH BOUNDARY OF ORAVETZ ROAD A DISTANCE OF 513.39 FEET, MORE OR LESS, TO A POINT OF INTERSECTION OF THE WEST BOUNDARY LINE OF LOT 2 WITH SAID ORAVETZ ROAD; THENCE SOUTH 01°21'03" WEST A DISTANCE OF 579 FEET TO A POINT ON THE SAID WEST BOUNDARY LINE OF LOT 2; THENCE SOUTH 58°38'57" EAST 235 FEET; THENCE NORTH 01°21'03" EAST 86.08 FEET; THENCE NORTH 45°22'31" EAST TO THE TRUE POINT OF BEGINNING.