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.