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HomeMy WebLinkAboutITEM VIII-A-5~ ATYOF . ~ a;~", RN ~ °WASHWGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6271 for Final Plat Application No. Date: September 29, 2009 PLT09-0006 Department: Planning, Building Attachments: Ordinance No. 6271 Budget Impact: N/A and Communit and Exhibits listed below Administrative Recommendation: City Council introduce and adopt Ordinance No. 6271. Background Summary: Doug Bennett of Springer Development, LLC, has made application for the Final Plat of "Kersey 3 Division No. 1A". Division 1A includes the creation of a 2.7 acre public park, private park tract, openspace tracts, drainage tract, and entry landscape tracts. Additionally, right-of-way will be dedicated for Evergreen Way SE linking Lakeland Hills to Kersey Way SE. The 50.85 acre property is located south of the intersection of Kersey Way SE with Evergreen Way SE in the 2500-2700 block. A rezone from R-1 to Planned Unit Development (PUD) and a PUD received approval under Ordinance 6026 (Files REZ05-0001 and PUD05-0001) on May 11, 2006. The preliminary plat of Kersey 3 Division No. 1 received preliminary approval under Resolution 4021 (PLT05-0001) on this same date to subdivide the site into 167 single-family lots and create tracts as noted above. Lots will be created in a subsequent final piat. The plat has been developed in accordance with the approved PUD, the Planned Unit Development zoning district as defined by ACC, Section 18.69 (subsequently repealed), Title 17 (Finai Plats, ACC 17.06 subsequently amended) and conditions of the preliminary plat. The approval of the PUD and Plat are tied to the approvai of "The Ridge at Bowman Creek" (aka Kersey 3 Division 2). Approvals for both properties require implementation of the identical conditions for street dedication (Evergreen Way SE); street improvements to Kersey Way SE and Evergreen Way SE, a water booster substation, park dedications, and establishment of private parks and open space. As a result, this plat is to be recorded concurrent with the plat of "The Ridge at Bowman Creek". A financial security in lieu of completion of all of plat infrastructure improvements has been provided to the City. The City Engineer has signed the Certificate of Improvements accepting the security bond. L1005-2 03.5 PLT09-0006 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: 0 Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance Z Parks ❑ Human Services ❑ Planning & CD Z Fire Z Planning ❑ Park Board ❑ Public Works 0 Legal ❑ Police p Planning Comm. ❑ Other 0 Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Baker Meeting Date: October 5, 2009 Item Number: VIII.A.5 AU$j.,TRN * MORE THAN YOU iMAGINED Agenda Subject: Ordinance No. 6271 for Final Plat Application No. Date: September 29, 2009 PLT09-0006 Attached are the following Exhibits: Exhibit 1- Final Plat (8 Sheets) Exhibit 2- Proposed Ordinance No. 6271 to approve the Final Plat of Kersey 3 Division No. 1A Exhibit 3- Ordinance No. 6026, approving the rezone to PUD, Planned Unit Development Exhibit 4- Resolution No. 4021, approving the Preliminary Plat of Kersey 3 Division No. 1 Exhibit 5- Exhibit A(Hearing Examiner Report and Recommendation) attached to Ordinance 6026 and Resolution 4021 Exhibit 6- The City Engineer's Certificate of Improvements Page 2 of 2 ORDINANCE NO. 6271 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF KERSEY 3 DIVISION 1A WHEREAS, the City of Auburn received a final plat application for the Plat of KERSEY 3, Division 1A, Application No. PLT09-0006, the final approval of which is appropriate for City Council Action; and WHEREAS, based on the review given this Plat by the City, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. Doug Bennett of Springer Development, LLC, has made application for the Finat Plat of "Kersey 3 Division 1A". The preliminary plat was approved by the City Council under Resolution No. 4021 and signed by the Mayor on May 11, 2006. "Kersey 3 Division 1A" creates tracts and dedicated rights- of-way, no lots are created under this Plat. A subsequent final plat will be submitted to create lots. 2. "Division 1A" of the preliminary plat has been developed in accordance with the approved Planned Unit Development (PUD05-0001) and all applicable conditions of the preliminary plat (PLT05-0001). 3. The "Kersey 3 Division 1" PUD and Plat are tied to the PUD and Plat of "The Ridge At Bowman Creek" (aka Kersey 3 Division 2) as the conditions of approval for "Kersey 3 Division 1" require that street dedication, park dedication, creation of openspace tracts within "The Ridge At Bowman Creek" be accomplished concurrently. 4. A Certificate of Improvements has been issued by the City Engineer, accepting a security bond in lieu of completion of all required plat improvements. 5. Tract Q, a 2.7-acre (118,870 square foot) tract of land within the plat will be dedicated to the City of Auburn for a public park when the plat is recorded. CONCLUSIONS OF LAW 1. The Final Plat is in compliance and in conformity with applicable Zoning and Land Division Ordinances and other applicable land use controls. Ordinance No. 6271 September 29, 2009 Page 1 of 3 2. The Plat is consistent with the Comprehensive Plan. 3. The Plat meets the requirements of Chapter 58.17 RCW. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Approval. Kersey 3 Division 1A, a subdivision involving property located within the City of Auburn, Washington, which plat is legally described on Sheet 2 of the Final Plat and set forth below: THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER LYING SOUTHERLY OF THE H.B. CARTER COUNTY ROAD, ALL IN SECTION 32, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR STUCK RIVER ROAD BY DEED RECORDED UNDER RECORDING NO. 5407388; EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR LAKE TAPPS ACCESS ROAD BY DEED RECORDED UNDER RECORDING NO. 5801756 AND EXCEPT THOSE PORTIONS CONVEYED TO THE CITY OF AUBURN FOR RIGHT OF WAY BY DEDICATION DEEDS RECORDED UNDER RECORDING NUMBERS 20071109001318 AND 20071109001319. is hereby approved, and deemed to conform to the requirements for Plat approval pursuant to State and local law and Chapter 58.17 of the Revised Code of Washington and Section 58.17.140 thereof. Section 2. Constitutionality or Invaliditv. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that nay one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Ordinance No. 6271 September 29, 2009 Page 2 of 3 Section 3. Recordation. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Records, Elections and Licensing Services Division. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section S. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam,, City Clerk APP6t'bVED AS-Tp FO DYniel B. H*eiel; City Attorney Published: Ordinance No. 6271 September 29, 2009 Page 3 of 3 ORDlNANCE NO. 6 0 2 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, Af'F'ROVING A REQUEST TO REZONE APPROXIMATELY 50.85 ACRES FROM SlNGLE FAMILY RESIDENTIAI. (R1) TO PLANNED UNIT DEVELOPMENT (PUD) AND APPROVING THE REQUEST FOR A PLANNED UNIT DEVELOPMENT WHEREAS, Applicatians Nos. REZ05-0001 and PUD05-0001, dated April 8, 2005, were submitted to the City of Auburn, Washington by Wayne Jones, Lakeridge Development, requesting approval of a rezane and approvai af ~a plannsd unit development to subdivide 50.85 acres into 967 lots for future single family residenfia( development, open space, and street and u#i(ity tracts within the City of Auburn, Washington; and WHEREAS, said applicatinn was made concurrentiy with an applicaEion for preliminary pla# approval for the same site (Application No. PLT05-0001); and . WHEREAS, said applicativns were determined to be complete pursuant to Aubum City Code on .lune 8, 2005; and WHEREAS, said requests referred to above were referred to #he Hearing Examiner for study and public hearing therean; and WHEREAS, following s#aff review, the Hearing Examiner conducted a pubfic hearing to consider said petition in the Council Chambers of the Auburn City Hall on August 9, 2005, of which the Hearing Examiner recommended approval of the preliminary plat subject to conditions on September 2, 2005; and Ordinance No. 6026 May 2, 2006 Page 1 of 12 EXHIBIT 3 OF ORD. NO. 6271 AGENDA BILL WHEREAS, a# its regular meeting of September 19, 2005, the City Council voted to conduct a closed record hearing on the Hearing Examiner`s recommendations; and WHEREAS, a c(osed record hearing was heid on Ocfober 3, 2005 and continued on October 17, 2005, at which time the City Council considered the Hearing Examiner's recommendatians and fhe material presented to the Hearing Examiner and argument made to the City Cnuncil at said ciosed record hearing; and WHEREAS, some of the arguments and comments received at the cfosed record hearing concerning matters related to the record drew in#o question significant portions of the Hearing Examiner's recommendations; and WHEREAS, after the closed record hearing, the City Council asked the applicant if he would be willing to accept the additional fime it would take if the requests were remanded back to the Hearing Examiner for further review and consideration of issues raised by the Council, and the applicanYs representative declined the offer, the City Council voted to deny the applications; and WHEREAS, on November 10, 2005, the applicants communicated to the Ci#y a wiiiingness to wafve the 120-day project review timetable otherwise applicable for processing fhe applicatian and a willingness to have the application remanded to the Hearing Examiner; and Ordinance No. 6026 May 2, 2006 Page 2 of 12 WHEREAS, at i#s regularly scheduled meeting of November 15, 2005, the City Counc9l adopted Resoiu#ion No. 3947, remanded the application back to the Hearing Examiner to re-open the record and consider how the developmen# addressed or affected eight (8) defined issues; and WHEREAS, fvllowing staff review, the Hearing Examiner conducted a public hearing ta cansider said petition in the Council Charnbers of the Auburn City Hall on February 22, 2006, of which the Hearing Examiner recommended approval af #he revised preliminary plat subject to candltions on March 21, 2006; and WHEREAS, a closed record hearing was held on April 25, 2006, at which time the Cify Council considered the Hearing Examiner's recommendations, the material presented to #he Hearing Examiner and argument made to the City Council at said closed record hearing and affirmed the Hearing Examiner's recommendation for prefiminary plat based upon the Findings of Fact, Conclusions and Recommendation which is at#ached hereto as Exhibit "A", subject to addi#ionai conditians of approval. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHfNGTON, DO ORDAIN as follows: Section 1. APPROVAL OF FINDINGS, CONCLUSIONS AND RECOMMENDATION. The Hearing Examiner's Findings, Conclusions and Ordinance No. 6026 May 2, 2006 Page 3 of 12 Recommendation aftached hereto as Exhibit "A" are herewith approved and incorporated herein. Sectlon 2. APPROVAL AND CONDITIONS. The rec{uest far rezone and planned unit deveEopment approval to allow a preliminary plat to subdivide 50.85 acres into 167 lots for future single family residential development, open space and street and ufility tracts within the City of Auburn, 1egaEly described in Exhibit "B" attached hereto and incorporated herein by this reference, is hereby appraved subject to the following canditinns: 1. Pursuant to RCW 36.70A.060, the #ollowing notice shal[ be placed on the fina( plat and on all building permits and deeds issued within the Kersey Iil devefopment (Division I and Division !l): 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, incfiuding, but not limited ta, mining, extraction, washing, crushing, stockpiling, , transporting, cancrete and asphalt production, recycling of materials, and their reiated and supparting activities. 2. Prior to the issuance of #inaf plat approval for any phase containing an open space tract, the Applicants shall submit, or enter fnto an agresment to submit, a Declaration of Covenants, Conditions, and Restrictions that conforms to the requirements of ACC 19.69200. 3. As part of the engineering/construction drawings submitted for the construction of interior impcovements to the subdivision, Applicant shall also submit engineering/construction drawings for the construction of all park improvements as depicted on the drawings submitted (Exhibit 5). The park improvements shall be approved by the City nf Auburn's Parks Director prior to the appraval of the construction drawings for the plat. Any materials supplied and installed for the parks must meet current City Parks Ordinance No. 6026 May 2, 2006 Page 4 of 12 Department standards and be appraved by the Parks Director prior ko installation and final plat approval. 4. Proposed Conditions, Covenants, and Restrictions (CC&Rs) for the future Kersey II! Homeowners' Association shall be submi#ted for review and approval by City Staff prior to final plat approval. This document shall include architectural design criteria for new hames and specify the financial means of maintenance of all common open spaces, The CC&Rs shall provide that the Homeowners Association (HOA) shall be responslble to maintain and replace as necessary al1 trees, tcaifs, special #eatures and landscaping within any street median strip, planting strips and all HOA parks. En addition, the HOA shaA maintaln those portions of the stormwater tract Iocated outside the fenced pond boundary, or if no fence if provided, vutside the 10-year storm water surface elevation, as determined by the City Engineer. 5. Home designs shall be consistent with the Kersey 3 Division Il Canceptual Building Design Guidelines dated January 9, 2006 and the subrnitted conceptual drawings and photographs submitted with the application, The Architectural Design Guidelines shali be incorporated into the CC&Rs for the project. Tha final design guidelines shall include a color pale#te for proposed hause exterior cofors. In addition, the following conditions shall apply. a) Homes shafl feature rnulfiple roof pitches an their street- facing facades. b) Garagas shall be set back a minimum of 20 feat from the front property line. At Esast, but na more than, a two-car garage door shall face the street; tandem parking is acceptable. c) Home designs shall be varied such that no more than two homes sharing the same floor plan are located adjacent to nne another d) L.ot coverage shall not exceed 45%. 6. Finai landscaping design shall be generally consistent with the PreEiminary Overall L.andscaping Plan, dated March 7, 2005, which was included with the Agplicants' resubmittal for rez4ne, PUD, and preliminary plat approval (Exhibit 5, Sheets 3-5). The Applicants shall rnaximize the use of native and/or drought-resistant plants throughout the p!a#, including park and iandscaped apen space areas. Emphasis shauld be on the use of native vegetatian, thereby mitigating the Ioss of native vegetatian. Ordinance No. 6026 May 2, 2006 Page 5 of 12 7. Afl lots abutting low-density residential development (Division I Lot numbers 19-62 and Division il Lot numbers 97-49) shall have, at a minimum, one tr.ee in the rear yard se#back to buffer the adjacent development #rom the PUD. 8. Any entrance sign shall be a'low monument style wifh accenting landscaping. The number, style, and placement of signs and assaciated landscaping shall be approved by the Planning Director. 9. Fencing along the baundary of the plat shall be of consisten# material, style, and colar. The Planning Director shall approve such fences, whlch shall be equivalent to a six foot high solld wood fence. Any fencing #o ba erected adjacent to any of the planned pedestrian pathways requires the approval of the Planning Director. Ali residential properties that border on a nafive/open space, park, or drainage tract (Tract A, B, C, D, and i) shall be separated from these areas by use of a two- rail wooden fence of approximately three to four feet in height. This fence shall delineate the properfy iine and prevent encroachment by the property owner into the native/open space, park, ar drainage tract, The Homeowners' Association shall be responsible to maintain ail fences required by this condition. 1Q.Applicants shall comply with all of the mi#igation measures as no#ed on pages 5-19 of the Kersey ill Prefiminary Plat Final E(S (Exhibit 8 of the August 2005 Hearing), dated February 2005, and as otherwise nated throughnut this recommendation. 11.Applicants shall construct a traffic signaf at Evergreen Way SE and Kersey Way SE. This traffic signal must be constructed to the satisfactlon of the City Engineer. 12.Applicants shall construct an active warning signal an southbound Kersey Way SE in advance of the intersection ofi Kersey Way SE and Evergreen Way SE. This activs warning signal must be constructed to the satisfaction of the City Engineer. 13.Applicants shall provide auxiliary lanes at the intersection of Evergreen Way SE and Kersey Way SE. These auxiliary lanes must be canstructed to the satisfaction of the City Engineer. 94.Applicants shall provide access acceptable to the City of Auburn for properties abuiting the intersection of Kersey Way and 53rd St. SE. Ordinance No. 6426 May 2, 2006 Page 6 of 12 I S. Prior to any final plat approvafs, Applicants shall construct or post financial securiry for traffic controis to #he satisfaction of the Cify Engineer at the intersection of l.akeland Hills Way and Evergreen Way SE. These traffic controls sha11 bs designed and constructed as a round-about uniess the City Engineer determines, based an design, that a round-about is not feasible. If the City Engineer determines that a raund-abouk is not feasib(e, then the traffic controls shail be designed and cvnstruction as a traffic signal. 16. Prior to any final plat approvals, Applicants shall construct or post financial securify for traffic cafming and pedestrian safety amenities on Evergreen Way SE, in the vicinity of the park area near Olive Avenue, These traffic calmsng and pedestrian safety amenities must be canstructed to the satisfaction of #he City Engineer. 17.The E!S states that there are unavoidable significant impacfs on the environment, nameiy impacts on wildlife papulations and fheir associated habitat. Twa main impacts pertain #o loss of native vegetation and fragmentation of habitat. Applicants shall endeavor to provide far preservation of a wildlife habi#at by creating a corridor containing native vegetation, thereby mitigating these impacts. 18,Applicants shall engage in meaningful consultation with the Auburn Schoof District. Communications should nat merely sesk #o ensure that the school district can provide transporEation, but that schools have the capacify to serve the students generated by the proposal without burdening or creating overcapacity at any schonl. Applican#s shall be responsible for alf schaol impact fees in a manner consistent with focal and state law requirements, 19. Prior ta issuance of clearing or grading permifs, a grading plan for grading and c(earing necessary for bath the construction of infrastructure such as roads and utilities and for lot grading shall be submitted and approved by the City of Auburn. The purpose af the plan should be to accomplish the maximum amount of grading at one time to limit or avoid the need for subsequent grading and disturbance, including grading of individual lots during home construcEion. The plan shall identify the surveyed boundary of the crest slopes for the site's 40% ar greater slapes. This plan shall show quantitiss and locations of excavations, and embankments, the design nf temparary storm drainage detention system, and methods of preventing drainage, erosion and sedimentafion from impacting adjacent Ordinance No. 6026 May 2, 2006 Page 7 of 12 properties, natural and public storm drainage systems and other near by sensitive areas. Temporary detention facilities shall be designed wi#h a 1.5 safety factor applied to the post-deve[oped calculated pond design volume for the 25-year, 24-hour post-developed starm event. A![ the measures shall be implemented prior to beginning phased on-site filfing, grading or construction activities. The grading plans shall be prepared in conjunctian wi#h and reviewed by a licensed geotechnical engineer. The geotechnicai engineer shall develop and submit, far the City's review, specific recommendations to mitigate grading activities, with particular attention to developfng a plan to minimize the extent and time soils are exposed and address grading and related activities during wet weather periods (the period of greatest concern is October 9 through March 31). The plans shail show the type and the extent of geologic hazard area or any other critical areas as required in chapters 16 and 18 of the International Building Code (IBC) and/or the Ci#y's Critical Areas Ordinance. Upon completion of rough grading and excavation, #he applicant shall have a geo-technical engineer re-analyze the site and determine if new or additional mitigation measures are necessary. A revised gea-technieal report shall be submifted to the City of Auburn for review and approval by the City Engineer. Recammendafions for areas where subsurface water is known ar discovered shall be given particuiar attention by the geotechnical engineer and coordinated with the project engineer responsible for the storm drainage system design. 24. Prior to final plat approva[, a supplemental evaluation of stream channel conditions along Bowman Creek in vlcinity of Stream Station 94+00 must be completed, inc(uding the off-site erosion feature observed at the outlet of the culver# under Kersey Way and near Bowman Creek. Appropriate mitigation shall be proposed to efiminafe fhe observed erosion as well as any erosion determined be present from the supplamental evaluation of stream channel conditians along Bawman Creek. 21. Storm drainage facilities shali incorporate high standards of design to enhance the appearance of the site and serve as an amenity. The design of above ground storage and conveyancs facilities shall address or incorporate landscaping utifizing native vegetation, minimal side slopes, safety, maintenance needs, and function. Ordinance No. 6026 May 2, 2006 Page 8 of 12 Prior to final plat approval, a landscaping plan with appEicable cross- sections is required to demonstrate that storm drainage pond aesthetic requirements consistent with City standards can be accommadated on- site. Storm drainage facili#ies shall be provided consistent with the City of Aubum Design Standards. In arder ta achieve this, the following design elements must be incorparated into the final design: Vehicle access for maintenance to all proposed storm drainage structures is required. To provide an adaquate and safe sEorm pond access, an appropriately designed pufl-off shall be provided from Kersey Way SE to serve the pond. All storm drainage conveyance [ines required to manage upstream bypass surface flows shall be routed through #he project site and shall not be cornbined with the praposed on-site storm drainage system. Maintenance access shall be provided to all structures proposed to be in public ownership. The remaining portions of fhis sysfem shall be placed within a tract dedicated to the Hameowners Assaciation for maintenance and operation. Given the steep slopes found on the site, appropriateiy designed energy dissipation features are required at the end of fong runs of pipe, at pipe intersections and a# the ouffet to the storm drainage pond. To enhance the water quality of the discharge leaving the site, appropriately designed aeration shall be provided within the storm pond. Given the existing on-site drainage deficiencies in the vicinity o# Kersey Way near 53Id Street 5E, and subsequent flooding of fhe intersection, an appropriately designed storm drainage system shall be consfructed to mi#igate this condition. 22. The location and alignment of the force maln and the proposed pump station shall be coordinated with adjacent properfy owners and the City to ensure it prav9des service to the desired basin, The public sanitary sewer pump station shall be Iocated as directed by the City Engineer in order to allow room for large vehicle turnarounds so City vehicles do not have to back into pubiic right-of-ways. The applicant shall provide sanitary sewer stub ta the south praperty line iocated between Lots 27 and 28 of Division 1. Ordinance No. 6026 May 2, 2006 Page 9 of 12 The applicant shall provide an easement for possible future extension of the sanitary sewer system Iocated at the SE carner of Tract D, Division 1. 23.AIi roads within the plat must be constructed to City standards (except where deviations are granted by the City Engineer) and shail be dedicated as public right of way. 24. The Applicants shall cans#ruct Evergreen Way Eo City standards for a residential collector arterial including a 10 faat landscaped center median/furn lane area through the p[at boundaries. 25.The Applicanfs shal{ also cons#ruct median treatments to match the 10 foat center median/turn lane within the plat on the exlsting roadway west to l.akeland Hills Way, to #he satisfaction of the city engineer. 26.The App[icants shall redesign pedestrian crassirtgs at Road G and Evergreen Way and Raad A and Evergreen Way to provide additional pedestrian refuge, to the satisfaction of the City Engineer. 27.The Applicants shail construct a minimum 10-foot wide shared multi-use path, separated by a five foot landscape strlp from the road, on the west side of Kersey Way for the fength of the site frontage along Kersey Way, to the satisfaction of #he City Engineer. 28.The Applicants shall construct Kersey Way to a modified city standard for a minor arterial road, to include a 12 fnot center turn lane, a 12 foot through nor#hbound lane, a 12 foot through southbound lane, appropriate right turns lane(s) at the intersection with 5P Street SE, a five foot fandscape strip and a minimum 10-foot wide shared multi-use path on the west side. A!I other features about the road such as vertical curb, storm drainage and lighting must meet city standards. 29. The Applicants shafl create a 50-foot right of way stubbing to the south plat boundary, through the location o# fots 27 and 28, Division 1, to allgn with 176th Avenue East. 30.A traffic impact fes equivalent to the fee being collected for the Lakeland Hi(Is South PUD shall be paid at the time of building permits for individual homes. Ordinance No. 6026 May 2, 2006 Page 10 of 12 31.A fire impact fee equivalent to the fes being collected for the Lafceland Hills South PUD shall be paid at the time of building permits far individual homes. 32. The Appiicants shall compfy with all conditions set forth in the Land Use Agreement enfered into by the Appiicants with Ehe Banneville Power Administration, a copy of which is attached hereto, marked as Exhibit C and incorporated herein by thls reference. The Land Use Agreement set forth 15 conditions, including, but not limited to landscaping, distance from transmission line towers, and a minimum path width of 16 feet. Section 3. CONSTITUTIONALITY OR INVALIDITY. Ef any section, subsectivn, sentence, clause, phrase or portion of th9s Ordinance, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and 3ndependent provisEon, and such holding shall not affect the validity of the remaining portions thereof. Section 4. 1MPLEMENTATION. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this Isgislation. Section 5. EFFECTiVE DATE. This Ordinance shall be in full force and effect five (5) days after publication as required by law. Dated and Signed this ~ day of 2006. Ordinance No. 6026 May 2, 2006 Page 11 of 12 INTRODUCED: APPROVED: MAY I 1 2006 PETER B. LEWfS, MAYOR 1.135'-/6 -O~> Ordinance No. 6026 May 2, 2048 Page 12 of 12 Ile E. Daskam, lerk RESOLUTION N0. 4021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPR4VlNG A PRELIMINARY PLAT APPL.ICATIDN TO SUBDIVIDE 50.85 ACRES INTO 167 LOTS AND VARIOUS TRACTS FOR FUTURE SINGLE FAM1l.Y RESIDENTIAL DEVELOPMENT, WITHIN THE CITY OF AUBURN, WASHfNGTON WHEREAS, Application No. PLT05-0001, dated Aprif 8, 2005, has been submitted to the City of Auburn, Washington, by Wayne Jones, Lakeridge Development, requesting approval of a preliminary plat application to subdivide 50.85 acres into 167 lots for future single family residential development, open space, and street and utifity trac#s within the City of Auburn, Washington; and WHEREAS, said application was made concurrent(y with applications for rezone and planned unit development approval for the same site (Application Nos. REZ05-0001 and PUD05-4001); and WHEREAS, said applications were determined to be complete pursuant to Auburn City Code on June 8, 2005; and WHEREAS, said request above was referred #o the Hearing Examiner far study and public hearing thereon; and WHEREAS, foflowing staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on August 9, 2005, of which the Hearing Examiner recommended approval of the preiiminary plat subject to conditions on September 2, 2005; and Resolution No. 4421 May 2, 2006 Page 1 of 11 EXHIBIT 4 oF ORD. NO. 6271 AGENDA BILL WHEREAS, af its regufar meeting of September 19, 2005, the City Councii voted to conduct a closed record hearing on the Hearing Examiner's recommendations; and WHEREAS, a closed record hearing was held nn 4ctober 3, 2005 and continued on October 17, 2005, at which time the City Council considered the Hearing Examiner's recommendations and the material presented to the Hearing Exarniner and argument made to the City Council at said ciosed record hearing; and WHEREAS, some of the arguments and camments received at the closed record hearing concerning matters related to the record drew into question significan# portions of the Hearing Examiner's recommendations; and WHEREAS, after the ciosed record hsaring, the City Council asked the applicant if he would be willing to accept the additionaf time it would take if the requests were remanded back to the Hearing Examiner for further review and consideration of issues raised by the Council, and the applicant's representative decllned the offer, the City Council voted to deny the applications; and WHEREAS, on November 10, 2005, the applicants communicated to the City a wi1lingness to waive the 120-day project review timetable otherwise applicabfe for processing the application and a willingness to have the application remanded to the Hearing Examiner; and WHEREAS, at its regularly scheduled meeting of November 15, 2005, the City Council adopted Resolution No. 3947, remanded the applicatian back to the Resolution No. 4021 May 2, 2006 Page 2 of 11 Hearing Examin.er #o re-open the record and consider how the development addressed or affected eight (8) defined issues; 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 February 22, 2006, of which the Hearing Examiner recommended approval of the revised preliminary plat subject ta conditions on March 21, 2006; and WHEREAS, a clased record hearing was held on April 25, 2006, at which time the City Council considered the Hearing Examiner's recommendations, the material presented to the Hearing Examiner and argument made to the City Council at said closed record hearing and affirmed #he Hearing Examiner's racomrnendation for preliminary plat based upon the Findings of Fact, Conclusions and Recornmendation which is attached hereto as Exhibit "A", subjec# to additional conditions of approval. N4W THEREFORE, THE C1TY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOI.VES as follows: Section 1. The Hearing Exarniner's Findings, Conclusions and Recommendation attached hereto as Exhibit "A" are herewith approved and incorpora#ed in this Resolutlon. Section 2. The request for preliminary plat approval to subdivide 50.85 acres into 167 lots for future single family residential development, open space and street and utility tracts within the City of Auburn, legally described in Exhibit Resoiution No. 4021 May 2, 2006 Page 3 of 11 "B" attached hereto and incarporated herein by this reference, is hereby approved subject to the fotlowing conditions: 1. Pursuant to RCW 36.70A.060, ths follawing notice shall be placed on the fina{ plat and on afl buifding permits and deeds issued within fhe Kersey lli development (Division i and Division II): NOTICE: This property is near designated mineral resaurce (ands on which a variefiy 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 produc#ion, recycling of materials, and their refated and supporting activities. 2. Prior to the issuance of final p(at appraval for any phase containing an open space tract, the Applicants shalf submit, or enter into an agreement to submit, a Declaration of Covenants, Conditians, and Restrictions that conforms to the requirements o# ACC 19.69.200. 3. As part of the engineering/construction drawings submitted for the construc#ion of interior impravements to the subdivision, Applicant shalf also submEt engineering/construction drawings #or the construction ofi all park improvements as depicted on the drawings submitted (Exhibit 5). The park improvements shall be approved by the City of Auburn's Parks Director prior to the approval af the construction drawings for the plat. Any materials supplied and insta!!ed far the parks must meet current City Parks Department standards and be approved by the Parks Director prior to installation and final plat approval. 4. Proposed Conditions, Covenants, and Restrictions (CC&Rs) for the future Kersey !II Hameowners' Association shall be submitted for review and approval by City Staff prior to final plat approval. This document shall include architecturai design criteria fior new homes and specify the financial means of main#enance of a11 common open spaces. The CC&Rs shall prov'sde that the Homeowners Association (H4A) shall be responsible tv maintain and replace as necessary a1f trees, trails, special features and fandscaping within any street medlan strip, p(anting strips and alf HOA parks. In addition, the HOA shal( maintain those portions of the stormwater tract Eocated outside the fenced pond boundary, or if no fence if provided, outside the 90-year storm water surface elevatlon, as determined by the City Engineer. Resolution Na. 4021 May 2, 2006 Page 4 of 11 5. Home designs shall be cansistent with the Kersey 3 Division I& If Conceptua( Building Design Guidelines dated January 9, 2008 and the submitted conceptuai drawings and photographs submitted with the application. The Architectural Design Guidelines shall be incorporated into the CC&Rs for the project. The final design guidelines shall incfude a coEor palette for proposed houss exterior colors. !n addition, the following canditions shall apply. a) Homes shall feature multiple roaf pitches on their street- facing facades. b) Garages shall be set back a minimum of 20 feet from the front properEy line. At least, but no mare than, a two-car garage door shall fiace the street; tandem parking is acceptabfe. c) Home designs shall be varied such that no more than two homes sharing #he same floor plan are located adjacent to one another d) Lot coverage shall not exceed 45%. 6. Final Eandscaping design shall be generally cansistent with the Preiiminary Overall Landscaping Plan, dated March 7, 2005, which was included with the Applicants' resubmittal far rezone, PUD, and preliminary plat approval (Exhibit 5, Sheets 3-5). The Applicants shall maximize the use of native and/or drough#-resistant plants throughout the plat, including park and landscaped apen space areas. Emphasis should be on the use of native vegetation, thereby mitigating the loss of native vegetation. 7. All lots abutting low-density residential devefopment (Division I Lot numbers 19-62 and Division II Lot numbers 17-49) shall have, at a minimum, one tree in the rear yard setback to buffer the adjacent development from the PUD. 8. Any entrance sign shall be a low monument style with accenting landscaping. The number, style, and placement nf signs and associa#ed landscaping shall be approved by the Planning Director. 9. Fencing along the boundary of the plat shall be of consistent material, style, and color. The Planning Director shall approve such fences, which shall be equivalent to a six faot high solid wood fence. Any fencing to be erected adjacent to any of the planned pedestrian pathways requires the approval of the Planning Director. All residential properties that border an a native/apen space, park, or drainage tract (Tract A, B, C, D, and I) shall be separated from these areas by use of a two- rail woaden fence of approximatefy three to four feet in height. This fence shall delineate the property line and prevent encroachment by #he property owner inta the Resolution No, 4021 May 2, 2006 Page 5 af 11 nativelopen space, park, or drainage tract. The Homeowners' Association shall be responsible to maintain all fences required by this condition. 10.Applicants shall comply with all of the mitigation measures as no#ed on pages 9-19 of the Kersey ill Preliminary Plat Final EIS (Exhibit 8 of the August 2005 Hearing), dated February 2005, and as otherwise noted throughout this recommendation. 11.Applicants shall construc# a traffic signal at Evergreen Way SE and Kersey Way SE. This traffic s'ignal mus# be constructed to the satisfaction of the City Engineer. 12.Applicants shall construct an active warning signal on sauthbound Kersey Way SE in advance o# the intersection of Kersey Way SE and Evergreen Way SE. This active warning signal must be canstructed to the satisfaction of the Cify Enginesr. 13. Appiicants shall provide auxiliary lanes at the intersection of Evergreen Way SE and Kersey Way SE. These auxiliary lanes must be constructed to the satisfaction of the City Engineer. 14. Applicants shal{ provide access acceptable to the City of Auburn for properties abutting the intersection of Kersey Way and 53`d St..SE. 15. Prior to any fina) plat approvals, Applicants shall construct ar post financiai security for traffic controls ta the satisfaation of the City Engineer at the in#ersection of Lakeland Hills Way and Evergreen Way SE. These traffic contro(s shall be designed and constructed as a round-about unless #he City Engineer determines, based on design, that a round-about is not feasible. If ths City Engineer determines that a round-about is noE feasible, then the traffic controls shall be designed and construction as a traffic signal. 16. Prior to any final plat approvals, Applicants shall construct or post financial security for traffic calming and pedestrian safety amenities on Evergreen Way SE, in the vicinity of the park area near Olive Avenue. These traffic calming and pedestrian safety amenities must ba canstructed to the satisfaction of the City Engineer. 17. The EIS states that there are unavoidable significant impacts on the environment, namely impacts on wildlife populations and their associated habitat. Two main [mpacts pertain to loss of native vegetation and fragmentation of habitat. Appiicants shall endeavor to provide for preservation of a wildlife habitat by creating a corridor containing native vegetation, thereby mi#igating these impacts. - - - - - - - - - - - - - - - - Reso[ution No. 4021 May 2, 2006 Page 6 of 11 18.Applicants shali engage in meaningful consuitation with the Auburn School District. Communications should not merely seek to ensure that the school district can provide transportation, but that schoals have the capacity to serve the students generated by the proposal without burdening or creating overcapacity at any schoal. Applicants shall be responsibis for all school impact fees in a manner consistent w+th local and state law requirements. 19. Prior to issuance of clearing ar grading permits, a grading plan for grading and clearing necessary for both the construction of infrastructure such as roads and utilities and for lot grading shall be submitted and approved by the City of Auburn. The purpose af the plan should be to accomplish the maximum amount of grading at one fsme to [imit ar avoid the need for subsequent grading and disturbance, including grading of individual lots during hame constructian. The plan shall identify the surveyed baundary of the crest slopes for the site's 40% or greater sEopes. This plan shall show quantities and focations nf excavations, and embankments, the design of temporary storm drainage detention system, and methods of preventing drainage, erosion and sedimentation from impacting adjacent properties, natural and public storm drainage systems and other near by sensitive areas. Temporary detention facilities shall be designed wlth a 1,5 safety factor applied to the post-developed calculated pond design volume for the 25-year, 24-hour past developed storm event. All the measures shall be implemented prior to beginning phased on-site filling, grading ar construction activities. The grading plans sha{l be prepared in conjunction with and reviewed by a licensed geotechnical engineer. The geotechnical engineer shall develop and submit, for #he City's review, specific recomrnendations to mitigate grading activities, with particular aftention ta developing a plan to minimize the extent and tirne soils are exposed and address grading and retated activities during wet weather periods (the period of greatest cancern is October 1 through March 31). The plans shalf show the type and the extent of geologic hazard area or any other criticaf areas as required in chapters 16 and 18 of the Internationai Building Code (4BC) andlor the City's Critical Areas Ordinance. Upon completion of rough grading and excavation, the applicant shall have a gea-technical engineer re-analyze the site and determine if new or additional mitigation measures are necessary. A revised geo-technical report shall be subrnitted to the City of Auburn for review and approval by the City Engineer. Recommendations for areas where subsurface water is known ar discavered shall be given particutar attention by the Resolution No. 4021 May 2, 2006 Page 7 af 11 geotechnical engineer and coardinated with the project engineer responsible for the storm drainage system design. 20. Prior to final plai approva(, a supplemental eva(uation of stream channel conditions along Bowman Creek in vicinity of Stream Station 14+00 must be completed, including the off-site erosion feature observed at the outlet of the culvert under Kersey Way and near Bowman Creek. Appropriate mifigation shall be proposed to eliminate the observed erosiort as weil as any erosion determined be presen# from the suppiemental evaluation 'of stream channel condltions afong Bowman Creek. 21. Storm drainage facili#ies 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 facilitfes shall address or incorporate landscaping u#ilizing native vegetation, minimal side slopes, safety, maintenance needs, and function. Prior to final plat approval, a landscaping plan with applicable cross- sections is required to demonstrate that storm drainage pond aesthetic requirements consistent with City standards can be accommodated on- site. Storm drainage faciiities shall be provided consistent with the City of Auburn Design Standards. 1n order to achieve this, the following design elements must be incorporated into the final design: Vehicle access for maintenance to all proposed storm drainage structures is required. To provide an adequate and safe storm pond access, an appropriately designed pull-off shall be provided from Kersey Way SE to serve the pond. All storm drainage conveyance lines required to manage upstream bypass surFace fiows shall be routed through the pro)ect si#e and shatl not be combined with the proposed on-site storm drainage system. Maintenance access shall be provided to all s#ructures proposed to be in public ownership. The remaining portions of this system shall be placed within a tract dedicated to the Homeowners Associa#ion for maintenance and operation. Given the steep slopes found on the site, appropriately designed energy dissipation features are required at the end af fong runs of pipe, at pipe intersections and at the outlet to the storm drainage pond. To enhance the water quality of the discharge feaving the site, appropria#ely designed aeration shall be provided within the storm pond. Resolution No. 4021 May 2, 2006 Page 8 of 11 Given the existing on-site drainage de#iciencies in the vicinity of Kersey Way near 53`d Street SE, and subsequent flooding of the intersection, an appropriately designed storm drainage system shall be canstructed to mitigate this condition, 22. The location and afignment of the force main and the proposed pump station shall be coordinated with adjacent property owners and the Cify to ensure it provides service to the desired basin. The public sanitary sewer pump station shall be located as directed by the City Engineer in order to allow room for large vehicle turnarounds so City vehicles do not have to back into public right-of-ways. The applicant shall provide sanltary sewer stub to the south property line located between Gots 27 and 28 of Division 1. The applicant shail provide an easemen# for possible future extension of the sanitary sewer system located at the SE corner of Tract D, Division 1. 23.A11 roads within the plat must be canstructed to City standards (except where deviations are granted by the City Engineer) and shall be dedicated as public right of way. 24. The Applicants shall construc# Evergreen Way to City standards for a residential collector arterial including a 10 #oot fandscaped center median/turn lane area through the p[at boundaries. 25. The Applicants shall also construct median treatments to match the 10 foot center median/turn lane within the plat ort the existing roadway west to Lakeland Hllls Way, to the satisfaction of the city engineer. 26. The Applicants shall redesign pedestrian crossings at Road G and Evergreen Way and Road A and Evergreen Way to provide additional pedestrian refiuge, to the satisfaction of the City Engineer. 27. The Applicants shall construct a minimum 1 Q-font wide shared multi-use path, separated by a five faot landscape strip from the road, on the west side of Kersey Way for the (ength of the site frontage afong Kersey Way, to the satisfaction of the City Engineer. 28. The Applicants shall construct Kersey Way tv a modified city standard for a minor arterial road, to include a 12 foot center turn lane, a 12 foat through northbound lane, a 12 faot through southbound lane, appropriate right turns iane(s) at the intersection with 53`d Street SE, a five foot landscape strip and a minimum 10-foot wide shared multi-use path an the west side. AIl other Resolu#ion No. 4021 May 2, 2006 Page 9 of 11 features about the road such as vertical curb, storm drainage and lighting must mee# city standards. 29.The Applicants shail create a 50-foot right of way stubbing to the south plat boundary, through the tocation of lots 27 and 28, Division 1, to align with 176th Avenue East. 30. A traffic lmpact fee equivalent to the fee being collected for the Lakeland Hills Sauth PUD shafl be paid at the time of building permits for lndividua{ homss. 31.A fire impact fee equivafenf to the fee being collected for the Lakeland Hilis South PUD shafl be paid, at the time of bui[ding permits for individual homes. 32. The Applicants shall comply with all conditions set forth in the Land Use Agreement entered into by the Applicants with the gonneville Power Administration (Exhibit 8). The Land Use Agreement set forth 15 conditions, including, but not limited to iandscaping, distance from transmission line towers, and a minimum path width of 16 feet. Section 3. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directlves of this legislation. Sect~ ion 4. This Resolu#ion shall take effect and be in fu11 force upon passage and signatures hereon. Dated and Signsd this It,Vo- day of , 2006. C UBU N ~ B. L.EWIS, PETE MAYOR Resoiutian No, 4021 May 2, 2006 Page 10 of 11 ATTEST: Dan'eile E. Daskam, City Clerk APPROT/EDA!41"0 F E2rhiel B. Wi City Attorney Reso{utian No. 4421 May 2, 2006 Page 11 of 11 BEI'OR.E THE HEARING EXAMINER FOR THE CITY OF AUBURN In the Matfer of the Application of ) ) Lakerldge Developmen# ) by Wayne Jones ) and } Landholdings LLC ) by Daniei and Stormy Hayes ) ) For a Rezone, a Planned Unit Development, ) a Preliminfuy Plat, and a Varianee for ) Kersey III - Divisioii I and Division II } N4, R.EZOS-0001, REZ05-0002 PUD05-0001, PUD 05-0002 PLT05-0001, PLT05-0002 FINDINGS, CONCLUSTONS, AND RECOMMENDATION BACKGROUND In 2005, Lakeridge Developraent, through Wayne Jories, and Lartdhaldings LLC, through Joyce Bowles and Peter. Bowles, (AppIicants) requested approval of a rezone, a Planned Unit Developtnent, and preliminary plat for Division I and Division TI of Kersey 111, a sinp;le-family residential subdivision, and a variance from certairi design standards. Tiie Applicants requested a rezone of tliree separate tax parcels froin R-l Singie FamiIy Residential to Planned Unit Development. The Planned Unit Development and Preliminary Plat would have 169 lots iii Division I and 204 lots in Division II. The requested variances would reduce front yard setback and tot coverage reguirements. The subject property totals 89.31 acres and is located within the city limits of Auburn, on the west side of Kersey Way at 53`d Street SE, extending sauthward to the King-Pierce Coutity line. An open racord hearing on the request was held before the Hearing Examiner for the City af Auburn on August 9, 2005. The Hearing Examiiier ailowed the reeord to remain open for the Iimited puipose of securing cornments from the Auburn School llistrict on impacts generated by the proposed residential development. The School DistricNs comments were received and the record was officially closed on Augtist 16, 2005. Follosving a review of the testimony and exhibiis, and based 'on the criteria established by the Auburn City Council, on Septembex 2, 2005 the Hearing Examiner issued a recommendation for approval of the rezone from R-1 Residential to Planned Unit Development, apgroval of the Planned Unit Development, and approval of the preliminary plat for Division I and Division II of Kerseq III, subject to 1$ conditians. The Hearing Examiner recummended that the Applica.nts' reqaest for variances from the xequired fronf yard setback and total lot coverage design requiremonts be denied. On 4ctober 3, 2005 and October 17, 2005, the Auburn City CounciI conducted a hearing to cansider 'the Hearing Examiner's recommendations. At the close of the hearing, the City Council asked the Applicants if tFiey were rvilling to accept the additional time i# would tak8 for the matter to be remanded to the Hearing Examiner for furlher review, The Applicants declined the Findings, Conclusions, and Recom:nendation AGENDA BILL EXHIBIT ~R~. N0. 6271 EXHIBIT 5 Hearings fixaminer for the City of Aubum Kersey lIT Kezone/PUD/Pcelim'snary PIaUVariance - ON REMAND (EXHIB[7 A- HEARING EXAMINER REPORT AND RECOMMENDATION . ATTACHED TD ORD. 6026 AND RES. 4021) remand offer and the City Council denied all of the applications. On November 10, 2005, the Applicants rescinded its denia( and asked that the applications be remanded to #he Hearing Examiner. On November 15, 2005, the Aubuni City Council issued Resoiutiott Number 3947, remanding the matter to the Hearing Examiner fo re-open the record and considex how the development addressea or affected the follawing issues; 1. 4pen spaces and the protection of sensitive environmental features, such as steep slopes, mature trees, wetlands, and scenic views. 2. Use of traffic management and design #echniques ta reduce potential traffic congestion, particularly atong Kersey Way, and promote alternative modes of travet. Gotisideration should be given to applying the LAkeland PUD traffic inipact fee structurs in responding to similar impacts areas located south of the White River. 3, The develapznent of transitional areas between these pro,Jects and adjaceni developments and environmentalty sensitive areas. " 4. The huilding and structurat designs #haf complement sarrounding laiid uses and their environment, reflecting quality site design, landscaping, and building architecture required under #he Auburn PUD oxdinance. 5. The parks and open spaces, and the adequacy of parks and open spaces located under Bonnevilte Power Administration power lines. 6. Incorporation of adequate natification to future (ot owners of the adjacent surface rnining operations. 7. Pro#ectian nf waterways and the deveIopment's proposed stormwater system. 8. Application of the Lakeland Fire rmpact Fee to aid the City in developing fire facilities to serve the area south of the White River. On February 22, 2006, the Hearing Examiner for the City of Auburn held a pubIic hearing on the matte.r as it was rernanded from the City Council. Testimonv At ttie February 22 hearing on remand, the following individuaIs presented testimony under oath: i, Steve Pilcher, Planner, City of Auburn 2. Jaseph Welsh, Transportation Engineer, City of Auburn 3, D. Scamporlina, Parks Department, City of Auburn 4. Dwayne Husky, Public Worics, City of Auburn 5. Walt Wojeck, Development Review - Pubtic Works, City of Auburn 6. Chris Ferko, Barghausen Consulting Engineers, Applicants' representaiive 7. Rob Azmstrong, Civil Engineer 8. Art Sidel, Landscapa Architect 9. Pat McBride, Building Architect 10. John Norris, Norris Homes 11. Michele Fassbind, neighboring properiy owner 12. Jahn Chaffee, neighboring property owner 13. Darryl Thompson, neighboring property owner Findings, Conclusions, an@ Recommendation Page 2 of 30 Hearings Examiner for the City of Aubum Kersey Irt Rexonc/F'UD/Preliminary PlaWariance - ON REMAND 14. Pat Davis, neighboring property owner 15. Dale Huston, neighboring property owner 16. Erin Galeno, neighboring properiy owner 17. Chuck Goutd, neighboring properEy ovmer 18. Janet Koch, neighboring property owner 19. Katrina Frice, neighboring propecty owner 20. Donald Bykonen, neighboring property owner 21. William Remiek, neighboring property owner 22. Kristi Knatt, neighboring proper#y owner 23. Bruce Koch, neighboring property awner 24, Jonie Brooke, neighboring property owner 25. Bill Anderson, neighboring property ovvner Exhibits At the Febnuary 22 hearing on remand, the following exhibits were admitfeci as part of the official record; i. Staff Report, dated Februaxy 16, 2006 2. Project Vicinity Map 3. Auburn City Council Resolution 3947 4. Re-submittai letter from Barghausen Engineers, dated January 11, 2006 5. Revised Preliminary PIat/PUD Site PJans -12 sheets 6. Engineer's Responses to Auburn City Councit Comments 7. Kersey TII Divisions I and It Praject Proposal, Architectural Design PowerPoint Presentation Slides and Architect Narrative 8. Land Use Agreement - Bonneville Power Administration and Lakeridge Development, dated August 30, 2005 9. Excerpts from Environmental Innpact Statement pertaining ta Geologic Hazaxds, Wildlife and Habita#, and Wetlands and Streams, with maps 10. Notice of Public Hearing 11. A#fidavit ofMailing o#'Legai Notice 12. Affidavit of Posting of Legal Notice 13. E-mail confirmation from King County Journal, Publication of Legai Notice, dated Febniary 7, 2006 14. Kersey III Divisions I and II Project Pcoposal, PowerPoint Presentation Slides 15. Frelirninary Landscape Pian - 3 sheets 36. Correspondence from GMS Architecturai Group, dated February 22, 2006 l 6A. Lot Coverage Drawings 17. Correspondence from Segale Proparties, dated February 22, 2006 18. Statatory Warranty Deed - Tax Parce13221059039 19, Pubtic Comment Letter: Perry and Trina Peters, dated February 22, 2006 20. Public Comment Letter: Pat and Gene Davis, dated Octaber 15, 2005 21. Public Comment Letter: Pat and Gene Davis, dated February 21, 2006 22. Correspondenee from MuckIeshoot Indian Tribe, dated August 16, 2004 23. Public Comment Letter: MicheIle Fassbind, dated February 22, 2006 24. PubIic Comment Letter: Jalui Chaffee, dated February 22, 2006 Findings, Conctusions, and Recommendation Page 3 of30 Hearings Examincr for ihe City of Auburn Kersey i11 Rezone/PUD/Preliminary P1aWariance - ON REMAND 25, Ptsblic Comment Letter: Erin and Paul Galena, undated 26. Public Comment Letter: Erin Galeno, October 17, 2005 27. Pablic Comment Letter: Janet Koch, dated February 22, 2006 28, "Where's the smoke..." Auburn Reporter, dated Fcbruary 15, 2006 29. Public Comment Letter with excerpts from Draft Environmental Impact Statement: Will and Jean Julum, Rod and Judy 7ohannsen, Eric Padilla, John and Cindy Flinchbaugh, Larry and Cathy Hansen, and Mark and Catherine Neubauer, undated 30. Public.Comment Letter with excerpts from Draft Environmental Impact Statement: Mike Bykonen, Eric Padilla, dohn and Cindy Flinchbaugh, WiII and Jeaii Julum, Rod and Judy Johannsen, unrdated 31. Public Comment Letter: Bruce Koch, dated Februazy 22, 2006 32. Public Comment Letter: Bili Anderson, dated February 22, 2006 33. Public Comment Letter with excerpts from Draft Environmental Impact Statement: Stan Purdin, Kirk Andexson, Mike and MariLee Bykonen, Gary and Margare# Staples, undated 34. Public Comment Letter: Gary and Margaret Staples, February 21, 2006 35. Tax Assessor's Vicinity Map 36. Applicant's Response ta Public Hearing Comments, dated March 3, 2006 36A, Agency Comment Letter from Auburn Schoal District, dated Maroh 2, 2006 Upon considcration of the testimony and exhibits submitted at the open record hearing of August 9, 2005 and the February 22, 2006 Hearing on Remand, the Hearing Examiner enters the following Findin$s and Conclusions: k'INDINGS OF FACT GENERAL FINDINGS The Applicants requested approval of a rezone of three parcels of land to#aling approximately 89.31 acres. The rezone would reclassify the property from R-1 Single Family Residential to Planned Unit Development (PUD). The Appticants also requested approvat of a PUD and Preliminary Plat for Division I and Division II of Kersay III. The properly is located on the west side of Kersey Way at 53td Street SE, extending southward to the King-Pierce County line. All of the parcels are within the city limits of Auburn and the boundaries of King County. Ceneral Finding of Fact No. 1, Sept. 2005 FCR; Exhibit 1, Staff Report, Page 3. 2. To reach a determination on #he City Council's Order of Remand, tha Hearing Examiner reviewed all evidence, written and oral, submitted into the record of the Kersey tIT, Division I and Division II hearings conducted an August 9, 2005 and February 22,2006. Alt Findings of Facts, both general and specific, provided for in the Hearing Examiner's September 2, 2005 Decision are incorporated inta the present decision by reference. Findings fram the August 2005 hearing are referenced as "Findings Sept. 2405 FCR. " Findings from the February 2006 hearing aze referenced as "Ftndings Feb. 2006 Remand Hearing. " Findings, Conclusions, and Recommendation Page 4 of 30 Hearings Examiner for the City of Auburn Kersey lil Rezone/AUD/Preliminary P1aWariance-ON REMAND In the original proposal heard by the Hearin$ Examiner in August 2005, the Applicants proposed a two phase development with Division I containing 169 single-family residential lots averaging 5,032 square feet, resulting in an average density of 3.34 dwelling units per acre (du/acre). Division II Nvas to be developed with 205 single-family lots averaging 4,863 square feet, resulting in an average density of 5.35 dulacre. The overail project density is 4.17 du/acre for hoth divisions. At the February 2006 Hearing on Remand (Remand Hearing), the Applicants submitted a revised proposal. The Applicants are still proposing development of Kersey IIT in two phases, however, Division 1 wouId now contain 167 single-family re,sidential lots averaging 4,900 square feet, and an average density of 3.28 du/acre. Divisian II would now contain 201 single- fainily residential lots averaging 4,990 square feet, and an average density of 5,23 du/acre. The overall project density is 4.12 du/acre. Gerreral Finding of Fact No. 2, Sept. 2005 FCR; Exhibit 1, Staff Reporl, .Page 3; Exhibrt I, Staff Report, Page 3; Exhihit S, Revised PrelJminaty Plat/PUD plans; Exhibit 19, Applicant's PowerPoint; Testimony of Mr. Pilcher; Testimony of Mr. Ferko. 4. Three parcals of land comprise the proposal and a!l three parcels are within the city limits of Aubum. Division 1 is includes twa tax parcels - King County Parcel No. 322I05-9015 and No. 322105-9017 which are owned by Wayne and Debra Jones (Lakeridge Development). Division II is camprised of one tax parceI - King County Parcel No. 322105-9039 and was owned by Joyce and Elwpod "Pete" Bowles (Landholdings LLG). On December 14, 2005, the Bowles executed a Statutory Warranty Deed conveying Tax Parcel 3221050-9039 to Daniel and Stormy Hayes. The Hayes' have been substituted for the Bowles as Appticants in the matter. General Finding of Fact No. 4, Sept. 2005 FCR; Exhibft 19, Statutory Warranty Deed; Teatimony of Mr. Pilcher. 5. Design standards for detached single-family residentiat development within a PUD include: minimum Iot size of 3,600 square feet, minimum lot width of 40 feet, maximum lot coverage of 40%, maximum building height of 30 feet, and front, rear, and side yard setbacks of 15-20 feet, 20 feet, and 5 feet, respectively. The Applicants proposal confortns to these standards. .4CC 18. 69.070(A); Exhibit S, Revised Plat. 6. At #he August 2005 hearing, the Applicants requested tt variance from certain design requirements set forth in Auburn City Code (ACC) 18.69.070(A). The proposal at that time was for the reduction in the fi•ont yazd setback to 10 feet and an inerease in the'totat allowable lot coverage to 50%. The Hearing Examiner recommended denial of this request. At the Retnand Hearing, the Applicants revised the previous request, seeking an increase in the total allowabie lot coverage nf up to 45%. The Applicants argue that adherence to the 40% Iot eoverage maximum provided in ACC 18.69.470(A) would create hardship and that increased lot coverage is needed to provide the flexibility that the City's PUD guidelines require in order to prevent a`cookie cutter' look. Approval of t}ie variarxce, according to the Applicants, would create baiance and diversity wi#hin the PUD. Tn addition, the Applicant argues that the use of smaller lots provides a substantially larger amount of open/recreational space than normally is required. It appears from the record that the Appiicants have abandoned therr request far a frant yard setbaek variance. Speciftc Finding of Fact Na. 23, Reco»iy»endation, Sept. 2005 .FCR; Fittdings, Conclusions, and Recommendation Page S of 30 Hcarings Examiner for the City of Auburn Kersey Iti Razone/PUD/Preliminary plaWariance - ON REMAND Exhibrt 16, Correspondence from GMC Archltectural; Lxhibit 16A, Lot Coverage; Exhibit 36, Applicants' Response; Tesllmony of Mr. McBride; Testimony of Mr. Norris. 7. At the Rema.rid Hearing, the Hearing Examiner left the record open for the Applicants to submit responses on all af the written and oral conuments received into the record at the February 2006 Remand Hearing. Bob Jahns of Jofins Monxoe Mitsunaga, attorney for the Applioants, submitted the required responses, along with comments from the Auburn School District, to the City of Auburn on March 3, 2006. A copy of this letter was not provided to the Hearing Examiner until March 14, 2006. On March 14, 2006, the Hea.ring Examiner entered an Order setting the date of the issuance of the recommendation to March 22, 2006. 8. Notice of the Remand Hearing was posted on the property and was mailed ta al1 properEy owners Iocated within 300 feet of the affected site on February 10, 2006. Notice tivas pubiished in the King Cou»ty Jaurnal on February 10, 2006. Exhibits 10, 11, 12, and 13. 9. The Growth Management Act (GMA), RCW 36.70A, requires tand tivithin a eity to be classifed as urban and that it musf be develaped at urban densities. Tkte Applicants submitted that this principle justifies !he rezone request. The GMA itseif does not assign a quan#itative value ta the term "urban density" but prior case law from the Central Puget Sound Growth Management Hearings Boazd, which has been applied, clarified, and evolved over the years, has stated that urban density is equivalent to four dwelling units per acre unless a reasonable exception applies (i.e. critical areas). (see City of Bremerton et al v, Kitsap County, CPSGMHB Case Na. 95-3-0039c {1995}, Litowitz v. City of Federal Way, CPSGMHB Case No. 96-3-0005 (1996)). The CPSGMHB's rule was recently called into question by the Washington State Supreme Court in Yiking v. Hobn when the couri stated that the CPSGMFiB did not have the authority to create sueh a `bright line rule'. Viking x Holm, 118 P.3d 322 (2005). Subsequent cases from the CPSGMHB have the CPSGMHB re-characterizing the four dwelling units per acxe threshold as a`safe harbor' rather than a`bright line'. Furhiman v. Crty of Bothell, CPSGMHB Case No, 05-0025c (2005), The subject property was designated as Single Family Residential in 1995 and Auburn foresees the bulk of single-family residential communities developed at a density of four to six dwelEing units per acre. RCW 36.70A,110; zarrd Use Policy LU-19; Exhibit 36, Applicants' Response. (See also Finding of Fact Nos 7-8, Sept. 2005 FCR (noting factors to satisfy change in circumstances). 10. Auburn's Comprehensive PIan speaks to the development of residential housing at single-facnily densities that establish a balanced mix of housing types appropriate for a family-oriented community. When assigning the Comprehensive Pian's land use desigr►ation for the subject property, the City Council was to evaluate the ability to buffer the area by taking advantage of topographic variations, natural features, seibacics, and other means. The devclopment of new neigtiborhoods is to be govemed by flexible development standards #hat encourage compact urban clevetopment while protecting cri#ical areas. These flexible development regulations are intended to provide a variety of housing types aud site planning techniques so that a site can achieve ifs maximum Findings, Conclusions, and Recammendation Page 6 of30 Hearings Examiner for the Ciry of Auburn Kersey Ii! RezonelPUD/PreEiminary PlaWariance - ON RGMAND housing potentiai. Chapter 3, Land Use Goal 7; Land Use Policy LU-14; Land Use Policy LU-17; Land Use Policy LU-20; Chapter. 4, Housing Goal 7; Housing ObJective 12.1; Nousing Policy HO-34. 11. As reyuired by ACC 18.68, ACC 1$.69, and ACC 17.06, analysis of the proposal's cansistency with the Comprehensive Plan was provided for in the DEIS. The DEIS reviewed the goals and elements of the Comprehensive Plan periaining to utilities, transportation, the environment, natural resources, na#ural and manmade hazards, and parks, recreation, and apen space. The proposed Pti-DJpiat was determined to be generally consistent with the Single Family Residential designation. The City of Auburn's Pianning Director reviewed the rezone application for consistency with the Comprehensive Plan and determined that it was consistent. Specific Frndings of 1%act Nos. 4-6, Sept. 2005 FCR; ACC 18.68.030(B)(1); ACC 1$. 69.1 SQ(B); ACC 17.06.470(B); Exhibit 1, Staf)`'Report, Pages 8-10. 12. As required by the State Environmental Policy Act (SEE'A), RCW 43,21C, the City of Auburn acted as lead agency for identification and review of environmentai impaets caused by the proposed PUD/plat. The Final Environmental Impact Statement (EIS) for the Kersey III project was issued on February 11, 2005. No appeals were filed. Speclfrc Findings vf Fact No. 9, Sept. 2005 FCR. 13. Public comment, both written and oral, was submitted in regards to the adequacy of the EIS a# both the August 2005 hearing and the February 2006 Remand Hearing. Appeals of an EIS must be submitted to the Auburn City Clerk 14-21 days after issuance of the Final EIS. ACC I6.06.230. No appeal was filed and ali chalienges ta the adequacy of the EIS are time-barred. As noted in the September 2005 FCR, although a challenge to the adeyuacy of the EIS can no longer be brought, the most important aspect of SEPA is the consideration of environmental values. 'The key purpcse of an EIS is to ensure full disclosure atid consideration of envixonmental information prior to the construction of a projeet. It is from tha impacts disclosed in the EIS that the decision-maker can make an informed decision about the proposal. Public comment, both written and oral, submitted at the August 2005 hearing and the February 2006 Remand Hearing, provided further detail in this regard and therefore is pennitted. Spee f c Findings. of Fac1111o. 10, Sept. 2005 FCR; Exhibit 22, Comments of Muckleshoot Trlbel; Exhibit 25, Comments of Galeno; Exhibit 29, Comments of Bykonen et al; Exhibrt 30, Comments of Bykonen et al; Ezhibit 33, Comments of Bykonen et al; Exhiblt 36, Applicants' Response, Page 2. 14. Agency and public comment, both written and oral, was submitted in regards to the impact of the proposed plat on the Auburn School District at both the August 2005 hearing and the February 2006 Remand Hearing. The antieipated increase in student population generated frotn #he development was set at 0.59 students per dwelling unit, or 209 students. Subm'ttted public comment stated that schools and the related i Exhibit 22 is dated August 16,2004 and were comments submitted during the DEIS review process. The Tribe's comments should have been taken into consideration when drafiing tha Final EtS, The'Tribe's commenis were not chalfanging the adequacy of the Fiaat EIS. Findings, Conctusions, and Recommendation Page 7 of 30 Hearings Examiner for the City of Aubum Kersey lil RezonelPUD/('reliminary I'ladVariance - ON REMAND transportation systein were over capacity and that dangerous walking conditions were present along Kersey Way. The Auburn School District responded that the recent opening of Aubum Mountainview High School would provide capacity into the future to accommodate growth. at the high school level. Two new elementaty schools, ineIuding Lakeland Hilis Elementary scheduled to open Fal1 2006 and Eiementary No, 14 (Lea Hill) scheduled to open Fall 2007, would provide additional capaaity~at the elementary level. The middle schooi level currently has capacity to accommodate growth bu# enrollment projections indicata tha# an additional middle school wouid be needed in the future and that the Schaol District has begun planning for a new school. ACC 19.02 allows #he City to collect schooi impact fees, approximately $4,500 per buiiding permit, on behalf of the school district. Conditions of approval require the Appticants to pay this fee. Spec fc Findings of Fact Nos. 14-15, Sept. 2005 FCR; Exhibit 19, Comments of Peters; Exhibit 24, Comments of Chaffee; Exhibit 27, Comrnents of Koch; Exhibit 32, Comments of A»derson; Exhibrt 34, Comments of Starles; Exhibit 36A, 5chool District Comntents; Testimony of Mr. Cha~`'ee; Testimony of Ms. Koch; Testimony of Ms. Price; Testimony af Ms. Knott; Testimony of Ms: Braoke; Testimony of Mr. Pilcher; 1'estlmony of Mr. Armstrong. 15. Bus transportation tivould be provided for the pIat with bus pick up/drop off areas along Evergreen Way. The Applicanis would construct a 1 U-foot wide multi-use path along the site's frontage with Kersey Way. This path, aiong with sidewalks and crosswalks within the plat, would provide safe walking conditions for students to/from school. Specific Findings of Fact Nos. 19-13, Sept. 2005 FCR; Exhrbit 19, Comments of Peters; Exhibit 24, Comments of Cha,~`'ee; Exhibit 27, Comments of Koch; Exhrbit 32, Comments of Anderso»; Exhibit 34, Comments of Staples; Exhibit 36A, School District Comnrents; Testimony of Mr. Chaffee; Testimony of Ms. Koch; Testimony of Ms. Price; Testimony of Ms. Knott; Testimony of Ms. I3raoke; Testimony of Mr. Pilcher; Testimony of Mr. Armstrong. 16. All lots are to be served with sanitary sewer service provided by the City a:f Auburn. Public comment was submitted in regards to the capacity of ths system to accommodate additional sewage stemming from the proposed plat. Both the City and the Applicants are canstructing improvements #o the sewer system, including an interim purrtp station. A neighboring properry owner asserted that the problem is not with the pump station but with the force mains that carry sewage away from the pump station. The neighbor argues Ehat force mains at the Lakeland Hills peunp stafion and #he Eliingson pump station are not funetianing properly and thereby have Iess capacity. City Public Works Siaff testified that the sewer system is capabie of handling the increased volume and, after repiacement, the farce mains are operating adequately. Specific Findings of Fact No. 20, Sept 2005 FCR; Exhibit X, StafJ`' Report, Page 3; Exhibit 25, Cvmrnents of Galeno; Exhibit 36, Applicants' Response, page S; Testimony of Ms. Galeno; Testimony of Mr. Husky. 17. Public comments, both written and oral, were submitted in regards to the impacts on wiIdlife and their habitat. The EIS concluded that urbanization af the area woutd result in impacts to wildlife and habitat that were unavoidable including loss of vegetation, Findings, Conelusions, and Recommendation Page 8 of 30 Hearings ExamineT for the City of Auburn Kersey III Rezonc/PUDIPreliminary P1aWariance - ON RBMAND fragmentation, and human encroachment. Public comments stated that several species of animals have been sighted on the subject property that werc not accounted for in the EIS including Redheaded Wondpecker, Balc! Eagle, Osprey, Pileated Woodpecker, and, historically, Salmon. Conditions of approval require that the Applicants install stormwater control t6Chtlplpgy that woutd eliminate/reduce sedimentation/erosion impacts in Bowman Creek and, subsequently, the White River. A Hydrau[ic Permit Approval (HPA) issued by Washington State Department of Fish & Wiidlife would be required for construction neaz Bowman Creek and would address impacts to fishery resources. Open space and parkland would provide habifat and a corridor for wildlife species. Reyuired fencing would delineate private property from open space/parkland and prevent encroachment. Disturbed Areas would be re-vegetated with native species. Specrf c Firrding of Fact No. 19, Sept 2005 FCR; Exhibit 1, Sta,J)''Report, Pages 7-9, 12; Exhibit 6, Applicants' Response Matrix, Page 4; Exhibit 15, Larrdscape Plan; Exhibit 19, Comments of Peters; Exhibit 20, Comments of Davis; Exhibit 22, Comments af Miickleshoot Tribe; Exhtbit 29, Com»tents of Bykonen et al; Exhibit 30, Comments of Bykonen et al; Exhibit 33, Comments of Bykanen et al; Te.rtimony of Mr. Cha, ffee; Testimony of Mr. Bykonen; Testimony of Ms. K»ott; Testimony of Ms. Brooke; Testimony of Mr. H:tsky; Testimony of Mr. Armstrong. SPECIFIC FINDINGS iN RESPONSE TO THE CITY COLJNCiL'S ISSUES ON itEMAND: In Resolution 3947, the Auburn City Council set forth eight specific issues far the Hearing Examiner to review arzd to determine haw the pxaposed development addressed or affectcd these issues. Findings of Facts Numbers 18, 19,20,21, 22, 23, 24, and 25 address the City Councii's specific issues. 18. Cify Council Remand Tssue Number 1: Open spaces and the proteet9on of sensitive environmental features, such as steep stopes, mature trees, wetlands, and scenic views. A. Steep Slopes The Applicants acknowledge that, as depicted in the DEIS (Figure 13), Division I contains ident'sfied Class I Knawn Landslide* Hazard Areas (defined a.s slopes greater ihan 40%). However, the location of these areas on Figure 23 was based on a generalized map that is utilized as a first indicator sottrce that ground reconnaissance and survey are done to further delineate the steep slopes. To supplement th,e siope information, the AppIicaiits conducted a field survey in which the location of the slopes is mare accurately shown (see Exhibit 5, Slape Exhibit Sheets 1 and 2). The slopes are primarily located with the open space tracts B, I, and Q and would be impacted by #he construction of Evergreen Way, the main boulevard servicing the plat, and Kersey Way, the minar arterzal fram whioh access to the plat would be obtained. Construction of Evergreen Way would require cutting through a ridge and the construction of Kersey Way would require cutting of thc slope ta aacommodate road widening. All impacts would be at 2: ] slope ratio. The maximum grade of Evergreen Way, in onty two iocations, would be 10%. Impacts to the steep slope areas are unavoidable, as these roadways are necessary for access to the plat. Findings, Conelusions, and Recommendation Page 9 of 30 Hearings Examiner for the City of Aubum Kersey tll Rezone/PUD/Preliminary P1aWariancc - ON REMAND B. Mature Txees On the subject property ar$ four types of vegetative cover. Division I has a ma#ure mixed-species forest and Division II has a young deciduous farest, mature coniferoas forest, as well as a mature mixed-species forest. The BPA easement area is vegetated with shrubs and grasses. The loss of forest areas is an unavoidable impact of urbanization, The AppIicaats proposed the retention of native vegetation, inctuding mature trees, in several tracts including B, G, H, and I of Division I, totaling approximately 3.7 acres, and tracts A and F of Division II, totaling approximateiy 1.4 acres. Some trees would need to be removed from Tracts B and I to accommodate road construc#ion and from Tracts A for construction o#' the drainage facility. City constructian standards require #hat no trees may project into the "clear zone" far roads or sidewalks. Impacted areas would be revegetated with apprapriate tree specie's. C. Wetlands There are no wettands located withfn Division I and Divisian II. However, changes to existing surface and subsurface flows could affect the hydrology of off-site wetlands including several wetlands located in proposed Division 3 and two off-site streams, Bowman Creek and the White River, located North/Northwest of the plat. These impacts would be addressed and mitigated via stormtivater drainage control design. D. Scenic Views The residential portion of Kersey III is set back 200 to 600 feet fram Kersey Way with a 35 foot building setback provided frorrt properties to the east (zoned Rural Residential) and a 25 foot setback from properties to the south (zoned R-1 Residential). The topography of the si#e, along with both retained and new vegetation, would pravide screerting of the pxoposeci PUD from existing Iow-density residential areas to the North/Northeast. Satbacks, along with a six-foot high solid wood fence constructed along the southezn and eastern horder of the plat, would provide buffering from adjacent lower density residential areas. Na scenic views are anticipated ta be obstrucked. E. Public Comments Publie comtnents were received in regards to visual impacts (primarily due ta headlights from traffic exiting the plat, Ioss of vegetation, and stormwater drainage design). Neighboring property owners asserted that the headlights of vehicles exiting the plat would shfne directly into their homes and that construction of the Kersey Way/Evergreen Way intersection would resutt in removal of vegetation and erosion, impacting views. Facts pressnted in Findings af Faets Numbers I 8(A), I8(B), 18(C), 18(D), and 1$(E) relied on the falIowing evidence: Exhlbit 1, StaffReport, Page 7; Exhibit 6, Applicants' Respo»se Matrix; Exhibit 9, Excerpts from DE15; Exhibft 14, Applicants' Power Poirrt; Exhibit 15, Landscape Plan; Exhibit 23, Comments of Fassbind; Testimony of Mr. Welsh; Testimony of Mr. Armstrong; Testimony of Mr. Siedel; Testimony of Mr. Pilcher; Testimony of Mr, Ferko; Testrmony of Ms. Fassbind. 19. City Cauncil Remand Tssue Number 2: Use of trafric management and design teeh»iques to reduce po#ential traffic cougestion, particuiarly along Kersey Way, and promote alternative mades of travel. Consideration should be given to applying the Lakeland PUD traffic impact fee structure in responding to siunilar impacts areas located south of the White Rtver. . Findings, Conclusions, and Recommendation Page 10 of 30 Hearings Examiner for the City of Auburn Kersay IIf RezorielPUD/Pretiminary PlaWariance - ON REMAiVD A. Traffic Management and Desio Techniques Traf#ic Impacts (valume and safety) were the most frequently cited issues of public comment and testimony received at both the August 2005 and the February 2006 hearings. The Applicants prepared a transportation impact anaiysis (TIA) in March 2004 and amended this document in January 2005. The TIA Addendum concluded that all comdors affecied by the development are expected to meet or exceed the LOS minimum threshold set by the City of Auburn, which is LQS-D with the proposed signalization in place. The TIA and the E1S set forth several ttaffic mitigation measures, both on-site and off-site. The mitigation measures included: payment of impact fee; construction of half-street frontage improvements along Kersey Way; re-alignument of 53~d Street SE and Kersey Way; tluee-lane channelization (center turn Iane) on Kersey Way; exclusive center left tum tanes on all legs of the re-aligned Ksxsey Way/53'd Street SE/Evergreen Way intersection; deceleration lane along Kersey Way at Evergreen Way; traff c signal and pedestrian crossings at re-aligned intersection of Kersey Way/53'd StreetlEvergreen Way; active tra#fic signal warning signaga for southbound Kersey Way; pedestrian treatments at the existing intersection crosswallc of Evergreen Way/Olive Way; traffic controls (round-aboui) at the intersection of Lakeland Hills Way and Evergreen Way; and the constructinn of Evezgreen way from Lakelanci Hills to Kersey Way. B. Road Safety and Aesthetics The revised plat added severat additional amenities to improve road safety and assthetics. The additions included: safe pedestrian crossings (pavement markings and advance warning signage) at three locations on Evergreen Way; three-lane channelization on Evergreen Way including exciusive left-turn lanes at three locations; and center median landscaped planter islands along Evergreen Way to improve aesthetics and calm/slow. Conditions of approval woutd require that the Applicants extend the boulevard design throughout the plat, continuing west to 1,akeland Hiils. C. Traff c Impact Fees Pursuant to ACC 19.04, the City of Auburn may collect irripact fees for transportation facitities impacted by proposed development. In conjunction with the revised plat, City Piarming Staff recommended that the AppIicants pay the $940,36 Lakeland PUD Traffic Tmpact Fee in lieu of the City's standard traffic impact fee of $677.71. The Applicants submitted that they were not averse to paying the fee but requested that the Cit~y identify what the fee pays for. T}xe Applicants asserted that, as required by RCW 82.02.020 , prior to assessing the higher impact fee the City mast demonstrate that the cottdition is necessary to mitigate an adverse impact of the project (a "nexus") and the extent of mitigation is proportional. (Nollan v. California Coastal Commission, 483 US 825 (19$7); Dolan v City of 7'igard, 522 US 374 (1994)}, T'he Lakeland PUD Traffic Impact Fee was estabIished through an agreement between the develapers of Lakeiand Hills PUD and the Auburn City Council. The fee was assessed to address the unique transportation impacts that would be generated by the PUD, The proposed PUD/Plat is within the same geographic area as Lakeltind Hills and the additional impact fee 2 RCW 82,02.020 auihorizes local governments to impose permit conditioris on devetopnieiit if the conditions are reasonably retated to the new development. Findings, Conclusians, and Recammendation Page ] 1 of 30 Heazings Exarniner far the City ofAaburn Kersey I(I Rezone/PUD/Preliminary PlaWariance- ON REMAND _ wouid allaw far the construction of road improvements to serve the area, thexeby promoting greater pubiio safety and increased traffic flow, D. Public Comments Public comments received an traffic impacts generated by the propasal included: the inadequacy of infrastructure to handle the increase in traffic volumes, noise and air pallution (exhaust emissions); safe walking/bioyciing; evacuation route; and th$ impact of traffic controls (stop lights). Neighboring property owners argued that the proposed bike pakh along Kersey Way was a"path to nowhere," that the pxoposed traffic signal at Kersey Way/Evergreen Way/53rd Street would create backups during peak traf#ic times, and that Applicants did not mitigate noise and air impacts. Neighboring property owners stated that the existing neighbarhood would be adversely impacted during construction of fhe proposed improvements to Kersey Way and during construction of the plat itself. Neighboring property owners asserted that Kersey Way is the main tra#fic corcidor for the area, serving commuters, school buses, and trucks from the gravel pit, and that limiiting improvements to the plat's frontage would create a funnel effect with negative impacts on traffic. E. Applicants' Response to Public Comments tn response to public concerns regarding traffic, The Applicants submitted testimony on measures being taken as part of the develapment to mitigate traffic impacts. The Applicants stated that the TIA concluded that the Kersey Wayl53`d Street/Evergreen Way intersection woatd operate at LOS B at fuil bui(d-out of Kersey 111, well within an acceptable LOS range for the Cify. In addition, the TIA determined that an appropriate mitigation for unacceptable ievels af service is signaliz.ation. Evergreen Way wouid provide an alternative route available to area residences during emergency situations. Conditions of approval require the Applicants to construct a 10-foot wide walkway along the subject property's frontage with Kersey Way. Although the walkway does not fully extend northward to the site of an existing sidewalk, the Applicants assert that they azc paying their "fair share" of the development and that subsequent developraents that are currently "in the pipeline' would be responsible for additional segments. F. Fassbind Drivewav Neighboring property owner Ms. Fassbind stated that she was uniquely affected by the praposed re-alignment of Kersey Way and 53`d Street due to the loeation of her driveway at this intersection and has not been eantacted by the Applicants in this regard. Ms. Passbind asserts that the proposed alignment would create an extremely dangerous situation for her and her family en#ering and exiting their property especially with a truck/trailer combination. The Applicants stated that the curreni re-alignment proposal for Kersey Way/53~d Stxeet is tentative and #hat they would be in contact with Ms. Fassbind to discuss the flnal engineering design of the intersec#ion and of the driveway, including alternative solutions sach as the use of two driveways. Faets presented in Findings of Facts Numbars 19(A), I9(B), 19(C), 19(D}, 19(E), and 19(F) relied on the following evidence: Spec f c Findings af Fact Nos. S, 16-17, Sept. 2005 FCR; Exhibit 1, StaffReport, Pages 7, 21-25, 29; Exhibit S, Prelimrnary Plat Map, Sheet 10; Exhibit 6, Applicants' Response Matrix, Pages 2-3; Exhibit 14, ,4pplicants' PowerPoirtt/ Exhibit 19, Comments by Peters; Exhibit 20, Comments by Davis; Exhibit 21, Comments by Davis; Exhibrt 23, Comments by Fassbind; Tarhibit 24, Comments by Chaffee; E.ichibft 32, Comments by .4nderson; Exhibit 34, Comments by Staples; ; Isxhibit 36, Applicants' Responses, Pages 3-4; Findings, Conclusians, and Recommendation Page 12 of 30 Nearings Examiner for the City of Aubum Kersey I11 Rezone/PUD/Preliminary P1adVariance - ON REMAND Teslimony of Ms. Fassbind; Testimony of Mr, Armstrong; Testimony of Mr, Pilcher; Testimony of Mr. Welsh; Testimony of Mr. Ferko. 24. Ci#y Council Remand Issus Number 3: The developraent of tranaiHonal areas between these projects and adjacent developments and environmeutally sensitive areas. A. Zoniniz Surrounding land uses consist of residential development and vacant tand. Residential development is comprised of low (zoned Rl - 1 det/acre) and semi-rural (1 du/2.5 - 5 acres) densities to the east and sauth, with the possibility of higher density PUD development on the vacant parcel to the west (Kersey III, Divisian TII). ParceTs west of the proposed Kersey III, Division ItI site are comprised of Lakeland 14itls, a high density PUD development. Parcels ta the north are a mixture of vacant land (zoned Rl) and natural (mineral) resource lands. The subject pzoperty has been zoned R-1 Siiigle Family Residential (Rl) since 1987 and was designated as Single Family Residential under the City's Comprehensivs Plan in 1995. The Comprehensive Plan contemplates the bulk of singIe-family residential cammunities developed at a density of four to six dwelling units per acre. The Applicants proposed development at an overall density of 4.12 dulacre with Iot sizes ranging from 4,000 to 8,354 square feet and averaging 4,990 square feet. The proposed density is consistent wi#h City standards. B. Cornprehensive Plan Designation The Comprehensive Plan for the City of Aubum addresses the issue of transition in the context of incompatible land uses and densities. Policies of the Comprehensive Plan state tha site design should utilize and preserve features, including #opagraphy, opezt spaces, and vegetation, to sepazate densities and that landscaped buffers or other measures should be utilized to separate uses. C. Setbacks ACC 18.69.080(B) requires seibacks from the perimeter of the PUD that correspond ta the requirements of the adjoining zoning districts. ACC 18.08.040(E)(4) requires a 35-foot rear yard building setback iine (BSBL) within Ehe RR zoning district and ACC 1$.12.040(E)(4) requires a 25-foot rear BSBL within the RI zoning district. Piarce County Code (PCC), Tabie 18A.17.030(13)(2)(1), requires a 10-foot rear yard se#back within the MSF zoning district. The Applicants propose,d a 35-foot BSBL on the eastern border of the site and a 25-foot BSBL on the subject property's southern horder with Pierce County. Proposed residential development within the northern portion of the PUD/plat is set back 200 to 600 feet from Kersey Way and is further screened by vegekation and topography. The Applicant intends to canstruct a six-foot high solid wood fence along the southern and eastern borders to provide additional screening. D. 1'nblic Comment Public comments were received on the issue of transition. Comments submitted stated thaE the transition from the dense Lakeland Hiils PUD to the neighboring rural communities was to abrupt; that Kersey III should be a buffer xone between two extremes - the higher density devefopment of Lakeland Hilfs and the existing lower density development to the east and south; and that the higher density would not blend wittt the existing rural neighborhood. Neighboring properiy owners argued that Kersey tIT provides no transition between low density (one acre lot), the propased density (4,000 to 8,354 square feet), and the Lakeland Hills density Findings, Conclosions, and Recommendation Page 13 of 30 Hearings Examiner for tho Ciry of Aubum Kersey iIl Rezone/PUD/Prcliminary Piat/Variance-ON REMAND (7,200 to 10,000 square feet). Neighboring property owners also asserted that a 25-35 foot BSBL and/or a six foot high fence does not provide adequate buffering and/or screening of uses. E. Environmental Sensitive Areas Environmentally sensitive areas are primarily contained within open space tracts. Recommended conditions of appraval require a three ta four foot high two-rail fence to separate all residential properties that horder on an open space, park, or stormwater drainage area. The purpose of the fence is to delineate private property from common areas and to prevent ancroachment by thE pzoperty owner into the common areas. Maintenance ofthis fence shall be the responsibility of the Homeowners' Association, Facts presented in Findings of Facts Numbers 20(A), 20(B), 20(C), 20(D), and 24 (E) relied on the foilowing evidence: General Frndings of Fact Na: S, Sept. 2005 FCR; Speci, f~e Finding of Fact Nos. 2, 4, and S; Sept. 2005 FG'R; Chapter 3, Land Use Palicies LU-26, LU-27, LU-28; Exhibit 1, Staff Report, Pages 7-9, 12; Exhibit S, Preliminary Plat Cover Sheet; Exhibit 6, Applicants' Response Matrix, Page 4; Exhibrt 19, Comments by Peters; Exhibit 20, Comments by Davis; Exhibit 27, Comments by Koch; Exhi6it 36, .4pplicarrts' Response, Pages 5-6; Testimony ofMr. Gould; Testimony of Mr. Bykonerr. 21. City Council Remand Issue Namber 4: The building and structurai designs that complement surrounding land uses and their environment, re#lectfng quaiity site design, landscaping, and bailding architecture required under the Aubarn PUD ordinance. A. DeSIQn 5tandards ACC 18.69.080(D) provides design standards requirements for PUDs including building orientation, varied facades, continuity and campatihility of structures, colors, screening, lighting, and landscaping. The Applicants' architect, Patrick McBride, stated that the architectural intent behind Kezsey III was to ensitre consistent, compatible, and attractive residences which portray a sense of arehitectcual integrity, qualiry, durability, residential chazacter, and innovative design. Residences are to be designed on a pedestrian scale with sensitivity ta the site. Si#e design elements proposed for the development include variatio»s in footprint and/or orientatian on the lot; front setbaeks; driveway locations and materials; accent materials such as natural stone, columns, and shutters; front porches that promote pedestrian coruiectivity; decks and other architectural features; de-emphasis af gaxages by blending garage doors with the character of the xesidence; differing roof types and window designs; and spacing of homes with identical elevations. The Applicant submitted a Preliminazy 4verall Landscapa Plan that depicts areas to maintained with native vegetation, park amenities, and street tree landscaping, B. Lot CaveraLe The Applicants assert that in order #o meet (ACC 18.69) PUD standards for quatity site design and building architecture the lot coverage variance must be granted. The Applicartts stated that the five- percent increase in allowable tot coverage is to allow flexibility in home design that would satisfy the PUD guidelines and prevent a"cookie cutter" look with all homes sharing a simitar footprint. Findings, Conclusions, and Recommendation Aage 14 of 30 Hearings Examiner for tha City of Aubum Kersey lIl Rezone/PUD/Preliminary PlaWariaiice - ON REMAND C. Public Comrnents Public comments were received on the issue of dasign. Neighboring property owners stated that the Applicants' xevised proposal reduces the total nwnber of residences by six and modifies the average loE sizes fram 3,800 square #'eet fo 8,400 square feet to 4,000 square feet to 8,400 sqaare feet with only 10 lots greater than 7,000 square feet. Neigliboring property owners argued that the proposed design does not create compatibility with Lakeland Hilis which has lots ranging from 7,200 square feet to 10,000 square feet nor does it have the look and feel of sub-communities similar to Lalceland Hills. Neighboring property owners assert that the proposed PUD/plat does not provide the quality of design required by ACC 18.69. Facts presented in Findings of Facts Numbers 21(A), 21(B), and 21 (C) relied on the following evidence: Exhfbit 1, Staff Report, Pages S and 7; Exhibit 6, Applicants' Response Matrrx, Pages 4-5; L'xhiblt 7, Applicant's PowerPoint and Archlteet Narrative; Exhrbit 15, Landscape Pla»; Exhibit 26, Comments by Galeno; Exhiblt 36, Applicants' Response, Page 6; Testlmony of Mr•. McBride; Testimony of Mr. Ferko; Testimony of Mr. Norrfs; Testimony of Mr. Galeno. 22. City Council Remand Issue Numbcr 5: The parks and open spaces, »nd the adequacy of parks and open spaces located under Bonneviile Porver Actministration power Iines. A. Parks and Open Space Requirement ACC 1$.69.080(A)(1) requires each PUD to set aside 20% of the gross area of the PUD as, open spaca, which amounts to 17.86 acres for the Kersey III, Division I and Tl. Non-buildable azeas (areas of greater than 25% slope, wetlands, or floodways (ACC 18.6.030(G)) may be used to meet no more than 50 percent of the open space area requirement. ACC 18.69.080(A)(2) provides that each PUD must meet the City's Park PIan standazds far park dedication. Current standards are 6.03 acres of unimproved park land for every 1000 population of the plat. The City pertnits the required open space to meet all or a portion of the required parktand. The Applicants proposed 368 single-family residences, or approximateiy 924 peopte (based on 2.5 persons per residence), far a total rcquirement of 5.55 acres of park lmid. As part of the Applicants' original proposal, a11 of the park space and a iarge percentage of open space were being provided within Division I. In the proposal fvr apen space and parks, land encumbered by the Bonneville Power Administration (BPA) easement is the only site for active and passive recreatian opportunifies. Open space summary for the first proposal inaludeci 28.94 acres of open space (stormwafer drainage, apen space, parkland, entry signage, pedestrian pathways) with 15.82 acres in azeas af less than 25%. 4f the 15.82 acres, a total of 6.11 acres was designated as park latid. In the revised proposal, #he Applieants iticreased bath the amount of open space and pazkland, providing four new pazks with two parks for active recreation and two for passive recreation. Open space now includes 29.64 acres (33.19% of gross area) with 18.12 acres in areas of less than 25%. A total of 9.17 acres has been designated as parkland (includes open space, parks, and pedestrian pathways but not acreagc within the BPA easement) with the parks dispersed throughout both Division I and Division 11 as opposed to centrally located. The total park space is in excess of the amount required by the City's Pazk Plan. All of the propnsed park facilities would be built by the Applicants concurrently with the plat. Findings, Conctusions, and Recommendation I'age IS of 30 Hearings Examiner for the City of Auburn Kersey !iT Rezone/PUD/Preliminary P1aWariance - ON REMAND B. BPA Easement The western 300 feet of Parcels 322I05-9015 and 322105-9017 (Division I) are encumbered by an easement held by the BPA foz a high-voltage 'power transmission lines. The BPA easement encompasses approximately 12.51 aeres. Tn both the original and the revised proposals, the Applicants would utiIixe ttiis area to satisfy both open space and park requirements for the development, On August 30, 2005, the Applicants entered into a Land Use Agreement wiEh BPA allowing for the construction/installation of roads, utilities, trails, larzdscaping, a park, and park appurtenarices within the caseanent. BPA has entered 'anto simitar reIationships with other developers wi#hin the puget Sound Area as it provides an efficient use of land and assuces maintenance of the BPA easement. The Land Use Agreement contained 15 conditions including the location of structures in relationship to BPA frattsmission line towers, landscaping, and a minimutn path width of 16 feet. C. Revised Parks and Open Space Plan The revised proposal would retain the DPA easement area in open space and provicie a waiking trail. The Applicants' drawings note the path width as 12 feet as opposed to the 16 feet width reqaired under the Land Use Agreement. Walking trails would also he provided in Tract B(Division I) and Tract F(Division II), The walking trail in Tract 8 would provide a par-cou.rse (exercise stations). A playground area would be pravided in Tract Q(Divisian I) and Tract P(Divisifln II). Tract I' would also have a haif-court sports court. Tract Q would have a sports field, inctuding baseball d'zamond, a full basketball court, open lawn area, and walking trail. Alt park areas would have picnic tables and benchas. On-street parking would be pzovided in the vicinity of the active recreatians areas (bailfield 'and playgrounds) inciuding along Roads A, E, G, and K. Pedestrian pathways throughout the plat allow for safe walking to and from pazk areas. D. Ve e~n Al1 parks would retain existing vegetation when passible. Trec remavaI would be required in Tract B and Tract I to accommodate road construction and in other open space/park tracts to allow for the construcfion of recreational amenities (ballfields, playgrounds, walking trails) and stormwater drainage. E. Citv Review The City of Aubum Pazk's Department and City Parks and Recxeation Board reviewed the Applicants' proposal. Although the City did not grant fuIE credit for the uss of land encumbered by the Bl'A casement, it determined that the Applicant's praposal conforrns to City standards. Faets presented in Findings af Facts Numbers 22 (A), 22(B), 22(C), 22(D), and 22(E) relied on the fo3lowing evidence: Speeific Finditrgs of Fact No. 21, Sept. 2005 FCR; Specifre Findittgs of Fact No. 22, Sept. 2005 FCR. Earhibit 1, Sta, fJ`'Report, Pages 4, S, and 7; Exhibit S, Prelimrnary Plat, Sheets 3-5; Exhibit 6, Applicants' Resporrse Matrtx, Page 7-$; Exhrbit 8, BPA Land Use Agreement; Exhibit 15, Prelirninary Pla1/PUD Plans; Exhibit 15, Landscaprng Plan; Testimony of Mr. Pilcher; Testintony of Mr. Scamporlina; Testimony of Mr. Ferko; 7estrmorry of Mr. Siedel. 23. City Counci! Remand Issue Numbcr 6: Incorporation of adequate notification to fr:ture Iot owners of the ad,jacent surface mining operations. Findings, Conclnsions, and ltecommendaiion Pa$e 16 of 30 Hearings Exsminer for the City of Auburn Kersey Ill Etezone/PUD/Preliminary AlaWariance - ON REMAND A. Surface MininQ At the August 2005 hearing, pubiic comments were received with regards to the impact on neighboring natura) resource lands, a 664-acre gravel mining operation owned by Segale 1'roperties/ICON Materiats lying north of the site. Segale/ICON expressed concern that a dense residential develapment ivould have the potential for generating homeowner complainks periaining to air, noise, iight, traffic, and safety, Furthermore, Segale/ICON submitted the construction of Kersey Il] woutd generate traftic congestion and other safety situations, impacting the mine's operation. Conditions of approval require that a notice be placed on the final p1at, all building permits, and all individual lot deeds as required by RCW 36.70A,060. B. Modified Condition of Avvroval For the Fabruary 2006 Remand Hearing, Segale/fCON Properties submitted additional comments, seeking to modify a condition to make it more clear to potential buyers that mining activities are currently on-going at the 'site, 1'his condition would protect the mining activities as well as the interests of the City and the dsvelopers. The wording proposed hy Segale/ICON is acceptable to the Applicants and the City. Facts presented in Findings of Facts Numbers 23(A) and 23(B) relied on the foliowing evidence: Specif c Findings of I+act Nos. 11; 12, and 13, Condition No. 1, Sept. 2005 FCR; Exhibit 6, Applicants' Response Matrix, Page 7; Exhibit 17, Correspondence fram Segale; Testimo»y of Mr. Pilcher. 24. City Council Remand Issue Number 7: Protection of waterways and the development's proposed stormivater system, A. Water SupplY Water woutd be supplied by the City of Auburn - Valiey Water System. Existing water supplies are sufficient to serve the needs of the development. The Applicants wauid be required to construct a booster pvmp station at the corner of Oravetz Road and Kersey Way SE and extend a water line alang Kersey Way and Evergreen Way, connecting to the existing lines in the Lakeland Hills devetopment. Although the PUD/Plat would be served by City wa#er, adjacent properties are served by private welis. Documentation was not submitted as part of the zecord in regards to impacts on the sanitary control areas (SCA) for the private welis. B. Private Wells Neighboring property owners stated that wells in the area have gone dry and the City has been forced to request supplemental water from the City of Bonney Lalce. In addition, the neighbors asserted that the City has given no assurance as to what impact the AUD/Plat, or the recent sale of water rights, would have on the wAter level in Lake Tapps and, subsequently, the City's aquifers. C. Protecfion of Waterwavs Bowman Creek iies north of the subject property and is a tributary to the White River. The creek was a fish-beazing creek, supporting spawning grounds for salmon and bull trout populations. As noted in the DEIS, the creation of impervious surface within the project site tivould cause an increase in stormwater flow volumes that could cause downstream channel and bank erosion. The Applicants proposed to collect and canvey stortnwater to a standard two-cell weddetention pond via catch basins and underground storm Findings, Conclusions, and Recommendation Page 17 of 30 Hearings Examiner for the City of Auburn Kersey III Rexone/PUD/Preliminary PlaWariance - ON REMAND drainage pipes prior to discharge into Bowman Creek. The drainage facilities, designed to the City's standazds, aze located on Txact A of both Division T and Division II and would operake as a single tuut. An energy dissipater wouid be installed to redace erosion and the admission of sediment into the creek system. The revised PUD/Plat contains modifications to the drainage facilities which increase both pond volume and wetpond surfxce area. Recommended conditions of approval incorporate high standards of design (100-year flood event) and enhanced erosion control features. The drainage facilities would be landscaped fo screen from adjacent residential development. D. Public Comments Public comments tivere received into the record pertaining to storm water and water quality with many of the comments pertaining to impacts on Bowman Creek. Testimony voiced concern for both sediment and pollutant run-off that could impact Bowman Creek's water quality and fish and bird habitat. The Applicants asserted that while the development of the Kersey III PUD would not be the cause of the salman's departure, development should not prevent restoration of water quality and the return of salman. The Applicants stated that the design of the stormwater system shauld not prevent restoration. Facts presented in Findings of Facts Numbers 24{A}, 24(B), 24(C), and 24{D} relied on the following evidence: Exhibit 1, Staff Report, Page 7; Ezhibit 5, Preliminary Plat Map, Sheets 7, 9; Exhibit 6, Applicants' Response Matrix, Pages 7-8; Exhibit 14, Applfeants' PowerPolnt; EXhIbJt 15, Landscape Plan; Exhibit 22, Comments of Muckleshoot Tribe; Exhibit 23, Comments of Fassbind; Exhibit 27, Comments of Koch; Exhrbit 31, Comments of Koch; Exhibil 32, Comments of A»dersan; Exhibit 36, Applicant's Response, Page S; Testrrnony of Mr. Pilcher; Testrmorry of Mr, Armstrong; Testintony of Mr. Cha, fJ''ee; Testimany of Mr. Bykonen; Testtmony of Ms. Koch; Testimony of Ms. Brooke. . 25. City Couneil Remand Issuc Number 8: Application of the Lakeland Fire Impact Fee to aid the City in deveioping fire faciiities to serve the area south of the White ltiver. A. Impact Fees Comments from the Auburr3 Fire Department were not submitfed in#o the recard for the August 2005 public hearing nor for the February 2006 Remand Hearing. Impacts on the fire services were considered during environmental review (Exhibit 7, DEIS, Pages 117- 119, Sept. 2005 FCR), To mitigate #hese impacts, City Planning Staff recommended ttiat the Applicants pay a$470.16 Lakeland Fire Impact Fee in lieu of the City's standard fire impact fee of $290.13. The Applicants are not averse to paying the fire impacl fee but requested that the City identif~ what is fhe reason for the fee. The Applicants asserted that, as required by RCW 82.02.020 , prior to assessing the higher impact fee the City must demonstrate that the conditiori is necessary as rnitigation for an adverse impact of the project (a "nexus") and the extent of mitigation is 3 RCW 82.02.020 authoriaes local govemments to impose permit conditions on development if the conditions are reasonably ralated to thc ncNv development. Findings, Conclusians, and Recommendation Page 18 af 30 Hearings Examincr for the City of Auburn Kersey lii Rezone/PUD/Prefiniinary PlaWariance-ON REMAND proportional, (Nollan v Ca! fornia Caastal Commission, 483 US 825 (1987); Dolan v City of Tigard, 512 US 374 (1994)}. The Lakeland Fire Impact Fes was established through an agreement between the developers of Lakeland HiUs PUD and the Aubum City Council. The fee was assessed to address ftre department service in the remate location of the PUD and the lack of a fire station within close proximity to the PUD. The proposed PUD/Plat is within the same geagraphic area as Lakeland Hills and ihe additional impact fee would allow for the construction of additianal facilities to serve the area, thereby prornoting greater public safety. B. Pubiic Comment Public comments were received on the issae. Neighboring property owners stated that the City of Aubum is curtently experiencing explosive growth that is putting a skrain on emergency services providers, sueh as police and fire. Aeaording to the neighbors, the nearest fire station is by the SuperMali, some 12 minutes away from the plat. Facts presented in Findings of Facts Numbers 25(A) and 25(B) relied on the following evidence: Exhibit 1, Staff Report, Pages 7 and 15, Exhibit 6, Applicant's Response Matrix, Page 8; Lxhibit 28, "Sound the Alarm... Exhibit 36, Applicants' Response; Testimony of Mr. Pilcher; Tastimony of Mr. Ferko. CONCLUSIONS Jurisdiction: Pursuant to Aubum City Code {ACC} 18.66, the Hearings Examiner is granted jurisdiction to hear and make recommendations to the City Council. 7urisdiction for the Hearings Examiner to make recommendations for an applieation for rezone is pursuant to ACC 14.03.040(D) and 18,68.034, for approval of an application for a PUD is pursuant to ACC 18.69.140, and for approval of a preliminary plat is pursuaz2t to ACC 14.03.040(A) and 17.06.050. Criteria for Review: Along wifh tlte requirements set forth by the Washington State Supreme Court (rezones must be based on a change in neighborhaod conditions and bear a substantial relationship to the public heatth, safety, and general welfaxe - Parkridge v. Seattle, 89 Wn.2d 454 (I97$), in order to APPROVE A REZONE, the Hearings Examiner mus# find that the following criteria, as set forth in ACC 18.68, are satisfied: 1. The rezone shall be consistent with tha Comprehensive Pian. 2. The rezone was initiated by a party, other than the City, in order for the Hearing Examiner to hold a public hearing and cansider the request. 3. Any change or modification ta the rezone reyuest made by the Heazing Examinex or the City Cauncil shall not result in a more intense zone than the one requesked. Findings, Conclusions, and Recommendation Page 19 of 30 Hearings Examiner for the City of Aubum Kersey i[I Rezone/PUD/Preliminary PlaWariance - ON RLMAND In arder to APPROVE A PUD, the Applicant must satisfactorily demonstrate that the proposed PCJD achieves, or is consistent with, in whole or in part, desired public benefits and expectations. Pursuant to ACC 18,69. 150, the proposal must demonstrate sufficient findings of facts to support the following: l. The proposal contains adequate provisions for the public health, safety, and general welfare and for open spaces, drainage ways, streets, atleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, or sites for schools, 2. The proposat is in accordance with the goals, policies, and objectives of the comprehensive plan. 3. The proposal is consis#ent with the purpase of ACC 18.69, provides for the pubiic benefits required of the,development of PUDs hy providing an improvement in the quality, character, archetectural and site design, housing choice and/or open space protecfion over what would otherwise be attained through a•development using the existing zoning and subdivision standards. 4. The proposal conforms to the generai purposes of othar applicable policies or plans which have been adopted by the City Councii. 5. The approvai of the PUD wi11 have no more of an adverse impact upon the surrounding area than any other pzaject woulc3 have if developed using the existing zoning standards ofthe zoning district the PUD is loeated in. 6. The PUD mus# be consistent with the existing and planned character of the neighborhood, incZuding existing zoning and comprchensivs plan map designations, and the design guidelines set forth in ACC 18.b9.080{D}. In order to APPROVE A PRELIMINARY PLAT, pursuant to ACC 17.06.070, the Applicants must have provided support for the following: 1. Adequate provisions are made for the public healttz, safety anc# general weIfare and for open spaces, drainage ways, streets, alleys, other public ways, water suppl'res, sanitary wastes, pazks, and sites for schools and school grounds. 2. Conforznance to the generai purposes of the City of Auburn's Comprehensive Plan, to the general parpos$ of Title 17.02, and to the general purposes of any other applicable policies or plan which have been adapted by the City Council. 3. Conformance to the City of Auburn's zoning ordinance and any other applicable planning or engineering standard and specifications. 4. Potential environmental impacts of the proposal have been mitigated such that the pcaposal will not have an unacceptable adverse effeck upon the quality of the environment. 5. Adequate provisions have beert made so thaf the preliminary pIat will prevent or abate public nuisances. In order TO APPROVE A VARIANCE, pursuant to ACC 18.70.010, the Hearing Examiner rnust find facts in support of the following: Findings, Conclusions, and Recommendation Page 20 of 30 Hearings Examiner for the City of Auburn Kersey lIf Rezone/PUDIPreliminary PlaWariance ON REMAND l. Unique physical conditions or exceptional topographical vr other physical conditions peculiar to and inherent in the property which create practical difficulties or unnecessary hardship. 2. Strict canfornnity wi#.h Title 18 would not atiow a reasonable and harmonious use of the property. 3. Variance would not alter the character of the neighborhood ar be detrimental to surraunding properties. • 4. Circumstances justifying variance are nat a result af the Appiicants. 5. Literal interpretation of Title 18 would deprive Applicants of rights commonty enjoyed by other properties in the same zoning district, 6. Approvat of the Variance is consistent with the purpose of Title 18, the Comprehensive Plan, and #he zoning dzstrict in which property is located. 7. Variance would not atlow for incxeased density. Conclusions Based on Findings: 1. Thc rezone, PUD, and I'retiminary Plat are consistent rvith the Comprehensive Plan, other appitcable gaals and policies of the City Couacil, and the ACC. The Director of Planning correc#ly detertnined the proposal tivas consistent with the Compzehensive Plan. Conclusions in the EIS concuned with this resutt, finding several goals and poticies of the Comprehensive Plan salisfied by the developmenf, including improving the City's transpflrtation network; ereating and maintaining park iand and open space; developing diversity of architectural design; providing for adequate urban densify; improvement ta the City's public utiIity (water/sewer) system; and protecting streams and naturai areas. The goals and policies of the City Council are embodied in the City's Comprehensive Plan and ACC. The Applicants' proposai is consistent with the Cify's Park Plan and Non-Motorized Plan. Praposed design standards comply with the purpose and intent of ACC 18.69. General Findings of Fact Nos. 2 artd S, Sept 2005 FCR; Specific Findings of Fact Nos. 2, 3, 9, 6, 7, and 8, Sept 2005, FCR; Findings of Fact Nos. 2, 3, S, 9, 10, 11, and 12, Feb 2006 Remand Hearrng. Rezone Criteria 2. Thc rezone was inifiated by the Applicant»Property Owner and not the Cihy. Pursuant ta ACC 18.68.030(B)(1), in order fox the Hearing Examiner to consider a rezone request, the Ciiy may not initiate the rezone. The Applicants are the owners of the properiy subject to the rezone. Findrttg of Fact IVos. 1 and 3, Feb 2006 Re»tand Hearrng. 3. Conditivns in the area have substantiaUy changed and the rezone bears a substantial relationship to the public heaith, safety, morals, or generAt welfare. The Applicant has the burden of proof in demonstrating that conditions have substantially changed since the original zoning and that the rezone beazs a substantial relationship to the public health, safety, morals, or general welfare. Parkridge v. Seattle, 89 Wn.2d 454 Findings, Conclusions, and Recammendation Pagc 21 of 30 Hearings Examiner for the City of Auburn Kersey il[ Rezone/PUD/Preliminary PiaWariance - ON REMAND (1978). A variety af factors may satisfy a change in circumstances, including ehanges in public opinion, Iocal Iand use pattems, and on the property itsetf. B,/arnson vKttsnp County, 78 Wn. App. 840, 846 (Div. l, 1995). The City and the Appiicants stated that the area where the subject property is located has experienced significant development as a resui# of the Lakeland Hills PUD; population growth within the City of Auburn; overall market conditions in Puget Sound whiah are creating a demand for smalter lots; topography making the land more suitable for the flexibility of a PUD zoning district; compliance with the urban density requirement of the GMA; and compatibility with the existing PUD community, Development of the site woutd provide new homes for the growing community and improvements to infrastructare. Changes in both land use patterns and public opinion, along with the xequirements of the GMA and the Comprehensive Plan designation, provide justification for the rezone. General Filtdings of Fact Nos Z and S, Sept 2005 FCR; Specifrc Findings of Fact Nos. 2, 3, 4, 6, 7, and 8, Sept 2005 FCR; Findings of Fact Nos. 2, 9, and 10, Feb 2006 Rema»d Hearing. 4. The Hearing Examiner is not recommending any change or modificahon to the rezone request that wilt result in a morc intense zone fhan the one requested by the Applicant. Plaubed Un'rt Develo ment/Prelimina Plat Criteria 5. The PUD/plat praposal contains adeyuate provisions for the publie healfh, safety, and general welfare and for apen spaces, drainage ways, streets, alleys, tivater supplies, sanitary wastes, parks, playgrounds, or schaols. The Applieants have made pravisions for internal streets with sidewalks for pedestrian safety, these ittclude safe walking for school children and pedestrian passage ways for park and open space access. The EiS mitigation measures and conditions of appraval would provide for traffic improvements and traff c confroUcalming devices to ensure safety within and ta the community. The development would be served by City water and sanitary sewer. Storm water facilities would eollect and convey run-off, utilizing an energy dissipater to reduce sedimentation output. Applicants have provided for a total af 29.64 acres of apen space, of which 9.17 acres are to be deveioped for hoth active and passive recreation with an additional 12.51 acres of open/park space provided within the BI'A easement. The open/park space is generally provided in a contiguous block so as to provide corridors for wildlife. The PUD would be served by City of Auburn water and sanitary sewer, both of which have adequate capacity to serve ths needs of the community. School impacf fees would mitigat$ the incxease in student population. Develapment of over 350 homes at varied ptice levels serves the general welfare and growing housing needs of the commwaity. Specifte Findings of Fact Nos. 14, IS, 16, 18, 20, 21, and 22, Sept 2005 FCR; Findings of Fact Nos. 14, 15, 16, 17, and 18(13)-(C), 19(A)-(F), 21(A)-(C), 22(A)-(E), and 24(A)-(D), Feb 2006 Remand Hearing. 6. The proposal is consistent with the purpase of ACC I$.69, and provides for the public benefts reqaired of the developntent of PUDs such as preservation of natural amenities, creatioa of pedestriau-ot7iented communities, efficient use of land, development of transitiomal areas, in novative/a esthetic building and Findings, Conclusions, and Recommendation Page22 of 30 Nearings Examiner for ihe City of AubUrn Kersey YJI Rezone/PllDlPreliminary PlaWariance ON REMAND struciurat design, creation of parks and open spaces, provision for affordable housing. A PUD must provide certain public benefits. The Applicants proposed to preserve natural amenities and sensitive. areas thraugh the use of open spaces and parkland. The preliminary plat and its associated concephtal destgn demonstrate a pedestrian-orisnted carnmunity with sidewalks, pedestrian passageways, and parks for both ac#ive and passive recreation that are dispersed fhroughout the development. The plat is shuctured to utilize the property efficiently by layout, house design, and open space. Homes would not be facing the residential collector, Evergreen Way SE, and would be separated fram the arterial collector, Kersey Way SE, by 200 to 600 feet of open spacc. Setbacks and privacy fencing would separate the developrnent from adjoining Iow-density residential areas. The Applicants proposed a variety of architectural styles, providing a varied streetscape, and have submiited landscape plans. The Applicants proposed over -nine acres Qf active and passive recreation parklands with additional acreage provided by the BpA easement. Affordable housing is a concern within the entire Puget Sound area and the PUD/plat wouid provide homes ranging in price fcom $400,000 to $700,000, providing a range of options for potential buyers. Specrfic Ffrtdtngs ofFact Nos. 4; S, 14, 15, 16, 18, 19, 20, 21, 22, urtd 23, Sept 2005 FCR; Findings of Fact Nos. S, b, 18(A)-(D), 21(A)-(C}, 22(A)-(E), Feb 2006 Remand Hearing, 7. The approvat of the PUD will have no more of an adverse impact upon the surrouuding area than any ofher project would have if develflped using the eXi9ting zoning standard9. • The praperty is currently zoned R-l, which could alIow for development of up to $9 dwelling units on site. Howsver, probably only 60-65 dweiling units would be allowed to be constructed due to the presence of nan-buiidable areas (steep slopes, BPA easement), infrastructure, and park rsquirements. Applicants seek to develop 368 dwelling units. Development of nver 354 dwelling units would undoubtedly have more impact than the existing zoning standard but the PUD is providing a signiftcant amount of open space, park land, and infrastructure improvements to the community. Connec#ion to City water and sewer would have less impact on graundwater quality and quantiry then installation of private vVells and/ar on-site septic systems. Location and design of open space would provida a cantiguous coriridor for wildlife and scenic views. Development of the site vvith homes on one acre iots would result in suhstantially more fragrnentation, creating greater impacts on wildlife and associated habitat along with scenic view corridors. Specific Findings of Fact Nos. 2, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, and 23, Sept. 2005 FCR; Findrngs of Fact Nos. 1, 9, 10, 13, 14, 16, 17, 18{D}, 20(A), 20(E), and 22, Feb 2006 Remand Hearing. 8. The PUD is consistent with the existing and planned character of the neighborhood. Surrounding land use consists af natural resource land (gravel pit), low-density residential development, and the Lakeland Hilis PUD. The Comprehensive Plan Findings, Conctusions, and Recommendation Page 23 of 34 Hearings Examiner for tha City of Auburn Kersey lII Rezone/PUD/Preliminary PtaWariance- ON 12EMAND designatian for the area is Single-Family Residentiaf which endeavors to develop land with this designation at a density of four to six dwelling units per acrg. Developmertt would be consistent with the charaeter of the neighboring Lakeland Hills comrnunity and with the Comprehensive Plan designation. The PUD would be screened from low- density development in the north/northwest by the site's tapography and the ratention/enhancsment of vegetation. The Applicants would pxovide 25 to 35 foot rear yard setbacks and privacy fencing to buffer lnw-density development to the east and south. Conditions of app;raval would require a minimum of one tree per rear yard to further buffer between adjacent uses, General Findings of Fact No. ,Z, Sept 2005 FCR; Specift Findings of Fact Nos. 2, 3, and 8, Sept 2005 FCR; Findirrgs of Fact Nos. 3, 4, 10, 11, 18(B), 20(A)-(E), 21(A), 21(C), Feb 2006 .Remand H'earing. . 9. The PUD and Preliminary PIat conforms to the City of Auburn's zoning ordinance and any other applicable ptanning or engineering standards and specifications and to o#$er applicable policies or plaus adoptcd by the City Coancil. Wiih conditions, the Applicants' proposal for the PUD complies with all related City codes aiid standards. Specific Findings of Fact No. 23, Sept 2005 FCR; Findings of Fact Nos. 11, Feb 2005 Remand Hearing. - 10. Patential environmentai impacts of the proposal have been mitigated such that the proposal will not have an unaceeptable adverse effect -on the quality of the environment. According to the EIS, wildlifs and their associated habitat would be directly affected and no mitigation measures were available to ameliorate this impac#. Wildlife would suffcr from loss of native vegetation, fragmentation of habitat, reduction in native populations, and disturbance in retained habitat due to human encroachment. While these impacts can not be adequately mitigated, none of the impacted species is listed as endangered, threatened, or sensitive pursuant to the Endangered Species Act. The design of open/park space does provide habitat for wildtifa in a contiguous, as opposed to fragmented manner, and retention of native vegetation would assist in preservin$ habitat. In additian to wildlife impacts, off-site streams would be effected by the increase in impervious surface that would affect the hydrology of #he area due to a change in recharge patterns. The Applicant would be required to provide #echnology to control sedimenderosion thereby lessening impacts to water resaurces and fisheries habitat. Pubiic Services - Police, Fire, Schools - would alI be impacted by the inereased population generated by the deveiopment. Conditions of approval zequire the Appticants to pay impacts fees to mitigate these public service impaets, including fire and traff'ic impacts fees higher than those that are mandated under the ACC. Specifrc Findings of Fact Nos. 9, 10, 11, 12, 13, 19, 15, 16, 19, 20, and 22, Sept ZOOS FCX; I'indings of Fact Nos. 12, 13, 14, 15, Ib, 17, 18(A)-(E), 19(A)-(F), 20(E), 22(A)-(E), 23(A), 24(A)-(D), a»d 2S(A)-(B). Findings, Conclusions, and Recommendation page 24 of 34 Heacings Examiner for tlse City of Auburn Kersey lIl Rezone/PUD/Preliminary PlaWeriance ON REMANA lI. Adeguate praWisions have been wade sa that the preliminary plat will prevent or abate public nuisances, Public Nuisances are addressed generally throughout the ACC and are'addressed directly in ACC 8,12. A public nuisance affects pnblic health and properiy vatues by creating visual biight, harboring rodents and/or pests, or creating unsafe pedestrian and traffic situatians. Compliance wsth City design standards for road safety (width, sidewalks, and visibility) would ensure safe pedestrian and traffic access within the development. As condi#ioned the development of a Homeowners' Association and the associated Covenants, Conditions, and Restrictions would ensure that visual blights and dangers to publie health are reducedleliminated, thereby promoting both general public wel:fare and property valuas. Specific Findings of Fact Nos. 16, Sept 2005 FCR Variance Criteria ' 12. The subject properfy daes not possess physical conditions or exceptional tapographic features that warrant deviating from the applicable design requirements nor does strict conformity with ACC Title 18 fail to altow reasonabie and harmoniaus use of the pragerty whieh would jus#ify a variance. Frndings of Fact Nos. 6, 21(A)-(C}, Feb 2006 FCR. REC4MMENDATION Based on the Findings of Facts and Coneluszon of taw, the Hearing Exatniner recommends to the Auburn Ciry Council that the request for a varianee from #he required tot caverage be DENIED. nased upon the preceding Findings of Fact and Conclusions, the Hearing Examiner RECOMMENDS APPROVAL of the request for a rezone of 89.31 acres from R-1 Single Family Residential to PUD, approval of the PUD, and approval of the Preliminary Pla#, subject ta the following conditions: 1. Pursuant to RCW 36,70A.060, the following notice shall be placed on the final piat ancl on all bttitding permits and deeds issued within the Kersey III development (Division I and Division TI): _ NOTICE: This property is near designated mineral resource lands on which a variety of cornmercial activities may aecur that are not compatible with residential development. The owner of the mineral resource lands may, at any time, apply to the City for a permit for mining-related activities inoluding, but not limited to, mining, extraction, washing, crushing, stockpiling, blasting, transporiing, and recycling of minerals. 2. Prior to tlie issuance of final plat appraval for any phase containing an open space tract, the AppIicants shall submit, or enier into an agreement to submit, a Declaration of Covenants, Conditions, and Restrictions that conforms to the requirements of ACC 19.69.200. Findings, Conclusions, and Recommendation Page 25 of 30 Hearings Examiner for the City of Auburn Kersey fII ItezonelPilD/Pretiminary Plat/Variance--ONREMAND 3. As part of the engineering/construction drawings submitted'for the construction of interior improvements to the suhdivision, Applicant shall aIso submit engineering/construction drawings for the construc#ion of all pack irnprovements as depicted on the drawings submitted (Exhibit 5), Th,e park improvements shall be approved by the City of Aubum's Parks Directox prior to the approval of the construction drawings for the plat. Any materials supplied and installed fvr the parks must meet current City Pazks Department standards and be approved by tha Pazks Director prior to installation and final plat approval, 4. Propased Conditions, Covenants, and Restrictions (CC&Rs) #'or the future Kersey III Homeowncrs' Associafion shall be submitted for review xnd approval by City Staff prior to finai plat approval. This document shall include azchitectural design criteria for new homes and specify the financial means of rnaintenance of afl common open spaces. 5. Hame designs shall be consistenf with the Kersey 3 Division I& II Conceptuat Buiiding Design Guidelines dated January 9, 2046 and the submitted conceptual drawings and photographs submitted with the application. The Architeotura! Design Guidelines shall be incorporatcd into the CC&Rs for the project. The final design guidelines shall includc a caIor paIette for proposed house exteriar colors. 1n addition, tha following conditions shalI apply, a) Homes shall feature muItiple roofpitches on their street-facing facades. b) Garages shall ba set back a minimum of 20 feet from the front properiy line. No more than a two-car garage shall be used; tandem parking is acceptable. c) Home designs shali be varied such that no more than two homes sharing the same flaor plan are located adjacent to one another 6. Final landscaping design shall be generally consistent with the Preliminary Overall Landscaping Pian, dated March 7, 2005, which was included with the Applicants' resubmittal for rezone, PUD, and preliminary piat approval (Exhibit S, Sheets 3-5). The Applicants shall maximize the use of native and/or drought-resistant plants throughout the plat, including park and landscaped open space areas. Emphasis should be on the use of nativa vegetation, thereby mitigating the loss of native vege#ation. 7. All lots abutting low-density residential devetopment (Division I Lot numbers 19-62 and Division II Lot numbers 17-49) shall have, at a rninimum, one tree in the rear yard setback to buffer the adjacent deveiopment fram the PUD. 8. An.y sntrar3ce sign shall be a Iow monument style with aceenting lacidscaping. The number, style, and placement of signs and associated landscaping shall be appzoved by the Planning Director. 9. rencing along the boundary of the ptat shall be of consistent material, style, and color. The Planning Director shalt approve such fences, which shall be eyuivalent to a six foot high solid wood fence. Any fencing to be erected adjacent to any of the planned pedestrian Findings, Conctusions, and Recommendation Page 26 of 30 Hearings Examiner for the Ciry of Au6urn Kersey 11T Rezone/l'UD/f'reliminaty PlaWariance - QN REMANp pathways requires the ap;proval of the Planning Director. All residential properties that border on a native%pen space, park, or drainage tract (Tract A, B, C, D, and I) shaU be separated from these azeas by use of a two- rait wooden fence of approximately three fo•four feet in height. This fence shall delineate the property line and prevent encroachmant by the property owner into the native%pen space, park, or drainage tract. 10. Approvai of the rezone and PUD are valid only upon approval and execution of the associated prelimittary plat. 11. Appiicants shalt comply with a11 of the mitigation measures as noted on pages 9-19 of the Kersey III Preliminary Ptat Final ETS (Exhibit 8 of the August 2005 Hearing), dated February 2005, and as otherwise noted throughout this recommendation. 12. Applicants shalE construct a traffie s'rgnal at Evergreen Way aE and Kersey Way SE. This traffic signal must be constructed to the satisfaction of the City Engineer. 13. Applicants shall construct an acfive warning signal on soukhbound Kersey Way SE itt advance of the intersection of Kersey Way SE and Evergreen Way SE. This active warning signal must be consfructed to the satisfaction of the City Engineer. 14. Applicants shall provide atixiliaxy Ianes at the intersection of Evergreen Way SE and Kersey Way SE. These auxitiary lanes must be constructed to the satisfaction of the City Engineer. 15. Prior to any fina[ plat approvals, Applicants shall construct or post financial security for traffic controls to the satisfaction of the City Engineer at the intersection of Lakeland Hilis Way and Evergreen Way SE. These traffic controls shall be dasigned and constructed as a round-about unIess the City Engineer determines, based on design, that a round-about is nof feasible. Tf the City Engineer determines that a round-about is not feasible, then the traffic controis shall be designed and construction as a traffic signal. 16. Prior to any final plat approvals, Applicants shalt construct or post fnancial security for traffic calming and pedestrian safety amenities on Evergreen Way SE, in the vicinity of the park area near Olive Avenue. These traffic calming and pedostrian safety amenities must be constructed to the satisfaction of the City Engineer. 17. The EIS staies that there are unavoidable significant impacts on the environment, namely impacts on wildlife populations and their associated habitat. Two main impacts pertain to loss of native vegetation and fragmentation of habitat. Applicants shall endeavor to provide for pxeservativn of a witdlife habitat by creating a corridor containing native vegetation, thereby mitigating fhese impacfs. 18. Applicants shal[ engage in meaningful consultation with the Auburn School District, Communica#ions shouid not merely seek to ensure that the school district can provide transportation, but that schools have the capacity to serve the students generated by the proposal without burdening or creating overcapacity at any school. Applicants shall be Findings, Conelusionp, and Recommcndatiori paga 27 of 30 Hearings Examiner for the City of Auburn Kersay III Rozone/i'UD/Preliminary PladVariance - ON REMAND responsible for alt sehool impact fees in a manner consistent with local and state law requirernents. 19. Prior to issuance of elearing or grading permits, a grading plan for grading and clearing necessary for both the construction of infrastracture such as roads and utilities and for [ot grading shall be submitted and approved by the City of Auburn. The purpose of the p3an should be to accomplish the maYimum annount of grading at one time to Iimit or avoid the need for subsequent grading and disturbanee, including grading of individaal lots during home construetion. The plan shall identify the surveyed boundary of the crest slopes for the site's 40% or greater slopes. This plan shall show quantities and locatians of excavations, and embankments, the design of temporary s#orm drainage detention system, and methods of preventing drainage, erosion and sedimentation from impacting adjacent properfies, natural and public storm drainage systems and other near by sensitive areas. Temporary detention faciiities shali be designed with a 1.5 safety factor applied to the post-developed calculated pond design volume for the 25-year, 24-how post-developed starm even#. AII the measures shall be imptemented prior to beginnir,g phased on-site filling, grading ox constnaction activities. The grading plans shalI be prepared in conjunctian with and reviewed by a licensed geotechnical engineer. The geotechnical engineer shall develop and sabmit, for the City's review, specific recomtnendations to mitigate grading activities, with particular attention to deve3oping a plan to minimize the extent and time soils are exposed and address grading and related activities during wet weather periods (the period of greatest concern is October l through March 3I). The plans shaIl show the type and the extent of geologic hazard area or any other critical axeas as required in chapters 16 and 18 of tha Internafional Building Code (IBC) and/or the City's Critical Areas Ordinance, Upon completion of rough grading and excavation, fhe applicant shall have a geo-technical engineer re-analyze the site and determine if new ar additional mitigation measures are necessary. A revised geo-technical report shall be submitted to the City of Auburn for review and approval by the City Engineer, Recommendations for areas where subsurface water is k.nown or discovered shall be given particular at#ention by.the geotechnical engineer and cobrdinated with the project engineer responsible for the storm drainage system design. 19, Prior to final plat appraval, a supplemental evaiuation of stream channel conditions atong Bowman Creek ia vicinity of Stream Station 14+00 must be completed, including the aff-site erosion feature observed at the outlet of the culvert under Kersey Way mid near Bowman Creek. Appropriate mitigation shall be proposed to eliminate the observed erosion as well as any erosion determined be present from the suppiemental evaluation of stream channel conditions along Bowman Creek. 20. Storm drainage facilities shalt incorporate high staridards of desigzi to enhance the appearance of the site and serve as an amenity. The design of abave ground storage and conveyance facilities shall address or incorporate landscaping utilizing native vegetation, minimal side slopes, safety, maintenance needs, and function. Findings, Conclusions, and Recommendation Paga 28 of 30 Hearings Examiner for the City of Auburn , Kersey itI Rewnc/PUD/,Preliminary P1aWariance - ON RBMAND Prior to final piat approval, a landscaping plan with applicable cross-sections is required to demonstrate that storm drainage pond aesthetic requirements consistent with City standards can be accommodated on-site. Storm drainage facilities shall be provided consistent with the City of Auburn Design Standards. In order to achieve this, the foltowing design elements must ba incorporafed inta the final design; • Vehicle access for ma'tntenance to alt proposed storm drainage structures is required. To provide an adequate and safe storm pond access, an appropxiately designed pull- aff shall be provided from Kersey Way SE to serve the pond. • AlI storm drainage conveyance iines required to mana$e upstream bypass surface flows shall be routed through the project site and shall not be combined with the propased Qn-site storm drainage.system. Maintenance access shall be provided to all structures proposed to be in public ownership. The remaining portions of this system shall be placed within a tract dedicated to the Homeowners Association for maintenance and aperation. Given the steep slopes found on the site, appropriatety designed energy dissipatian features are required at the end of long runs of pipe, at pipe intersections and at the outlet ta the storm drainage pond. To enhance the water quality of the discharge leaving the site, appropriately designed aeration shall be provided within the storm pond. Given the existing on-site drainage deficiencies in the vicinity of Kersey Way near 53`d Street SE, and subssqnent flooding of the intersection, an appropriately designed storm drainage system shall be constructed to mitigate this condition. 21. The location and aligiment of the forca main and the proposed pump station shall be coordinated with adjacent property owners and the City to ensure it provides service to the desired basin. The public sanitary sewer pump station shall be lacated as dixected by the Cifiy Engineer in arder to allow room for iarge vehicle turnarounds so City vehicles do not have to back into publia right-of ways. The applicant shall provide sanitary sewer stub to the south property line located between Lots 27 and 28 of Divisian The applicant shaEl pravide an easement for possible future extension of tlie sanitary sewer system located at the SE corner of Tract D, Division 1. . 22. All roads within the plat must be constructed to City standards (except where dsviations are granted by the City Engineer) and shall be dedicated as public right of way. Findings, Conclusions, and Recommendation Page 29 of 34 Hearings Examiner for the City af Auburn Kersey IIl Rezone/AUD/Areliminary P1aWariance - ON REMAND 23. The Applicants shall canstruct Evergreen Way to City standards for a residential coltector arterial including a 10 foot landscaped center median/iurn lane area through fhe plat boundaries. 24. The Applicants shali also constzuct median #reatments to match the 10 foot center median/turn lane within the plat on the existing raadway west to Lalceland Hills Way, to the satisfaction of the city engineer. • 25. The Applicants shalI redesign padastrian crossings at Road G anc3 Evergreen Way and Road A and Evergreen Way to provide additional pedestrian refuge, to the satisfaction of the City Engineer, 26. The Applicants shall constract a minimum 10-faot wide shared multi-use path, separated by a#ive foot landscape strip from the road, on the west side of Kersey Way for the length of - the site frontage along Kersey Way, fo the satisfaction o£the City Engineer. 27. The Applicants shall construct Kersey Way to a modified city standard for a minor arterial road, to include a 12 foot eenter tum lane, a 12 foot thraugh norihbound lane, a 12 foot throvgh southbound lane, appropriate right turns lane(s) at the intersection with 53rd Street SE, a five foot landscage strip and a miniznum Ip-foot wide shared multi-use path on the west side. All other features about the road such as varticat curb, storm drainage and lighting mast meet city standards. 2$. The Applicants shalI create a 50-foot right of way shabbing to the south plat boundary, #hrough the location of lots 27 and 28, Division l, to align with 1760` Avenue East. 29. A traf#ic impact fee equivalent to the fee being collected for the Lakeland Hills South PUD shall he paid at the tune of building permits for individual homes. 30. A fire impact fee equivatent to the fea being coilected for the Lakeland Hills South PUD shall be paid a# the time of building permits for individaal homes. 31. The Applieants shall compiy with all condiiions set forth in the Land Use Agreement entered into by the Applicants with the Bonneville Power Administration (Exhibit The Land Use Agreement se# forth 15 conditions, including, but no# limited to landscaping, distance from transmission line towers, and a minimum path width of 16 feet. Decided this. day of March, 2006. J es Driscoll earings Examiner for the City af Auburn Findings, Conclusions, and Recommendat'son Page 34 of 30 Hearings Examiner for the City of Auburn Kersay IlI Rezone/PUD/Prelirninaty PlaWariance - ON REMAND __1 - ' . ...~Y.<. ' . r... i..... . . . . . ~ f.... . WASHINGTON FINAL PLAT APPLICATxON FAGU6-0013 FAC06-0042 FAC07-0002 FAC07-0003 SECURITY IN LIEU OF COMPLET[C3N !n lieu of the required public improvements for the Fina1 Plat of Kersey 3 Division 1 and Associated Projects, an approved security, PLAT SECURfTY BOND for $2,835,298.00 (150% of the estimated costs of improvements) has been submitted and approved by the Ci#y Engineer. City Engineer a e 1. The developer has provicied references and demons#rated a minimum of 3 years successful, non-defaulted plat development experience in #he Puget Sound region. 2. The bond/security is based on the following costs: *Phase I Total Construction 150% Multiplier Total *Phase 2 $106,009.00 $ 63,006.00 $159,014.00 *Phase 3 Total Construction 750% Multiplier Total *Phase 4 $1,629,668.00 $ 814,834.00 $2,444,502.00 Total Construction $ 72,065.00 7otal Constructian 150% Multiplier $ 36,033.00 150% Multiplier Total $108,098.00 Totat *See Attached Breakdown for Specific Phase Detaits cc: Original: Plat Securify Fiie Copy (2) Planning Director Copy. Developer $ 82,456.00 $ 41,228.00 $123,684.00 oRD. No. 6271 AGENDA BILLEXHIBIT 6 KERSEY 3 PERFORMANCE BOND NU. 1 VALUE5 PHASE 1 RELEASE FAC06-0013 Evergreen Way SE & Kersey Way SE 1. Gurb & Gutter Concrete Servtces 12 LF $6.60 /LF 2. Patterned Concrete Concrete Services 120 SF $9 /SF 3. As-Built Drawings Barghausen 1 LS $67,000 /LS FAC06-0042 Division 1& 2- Tracts B, C, D, F, P, Q, & R Parks and Up en Spaces ` 1. Tract 8 ~ a. GBzebp Highridge Landscdping 1 LS $18,750 /LS 2. Tract F . a. Gaxebo Highridge Landscaping 1 LS $19,100 /LS 3. Tract P a. Concrete Sidewalks Hodge Cottstruction 200 SF $4.07 /SF 6. Concrete Stairs Hodge Construction I. LS $4,043 /LS c. lrrigat€on & Landscaping Hightidge i.andscaping 1 LS $6,082 /LS Total Construct(on Costs Total Financta) Guarantee Amount at 150% $79 $1,080 $67,000 $18,750 $19,100 $814 $4,043 $6,082 $106,009 $159,014 PHASE 2 RELEASE FAC06-0042 Dtvision 1& Z- Tracts B, C, D, P, P, 4, & it Parks and Open Spaces 1. 'Fract Q a, Concrete Sidewatk Landstape curb b. Irrigatfon & Landscaping c. SiCe Furniture d. Backstop 2. As-Bui{t Drawings Nodge Construction 150 SF $4.07 /Sf 353 LF $22.48 /LF Eiighridge Candscaping 1 LS $51,653 /tS Highridge Landscaping 1 LS $2,788 /LS Hlghridge Landscaping 1 LS $6,079 /LS 8arghausen 2 LS $3,000 /E.S Total Construction Costs 7otal Financial Guarantee Amau nt at 150% $611 $7,935 $51,653 $2,788 $6,079 $3,000 $72,065 $108,098 PHASE 3 RELEASE FAC07-0003 Booster Pump Station 1. Booster Pump 5tatfon Estimated 1 LS $1,629,668 /tS $1,629,668 , 7ota! Constructton Costs $1,629,66$ Total Financiai Guarantee Amount at 150% $2,444,502 Revised 2/26/2009 Page 1 of 2 PHASE 4 RELEASE ~ 1. 7ract C a. Stair rail ' b. Spiit Rall fence 2. 'Cract D a. Stair rail b. Split Rail fence 3. Tract f a. Split Rail fence 4. Tract q , a. Concrete FAC06-0042 D(vision 1& 2- i"racts B, C, D, F, P, Q, & R Parks and Open Spaces Nodge Construction 28 LF $87.30 /I.F $2,444 quality Fence 690 LF $8.85 /LF $5,107 Hodge Construction 8 LF $87.30 /Lf $698 Quality Fence 420 LF $8.85 /lF $3,717 Qual(ty fence 525 LF $8,85 /LF $5,531 Hodge Construction Sidewalk 100 SF Stair systems 1 EA Landsc2pe curb 153 LF b. Split Rait fehce Quality Fence 390 LF . FAC07-0002 Division 1. Plat • iarlotte Ave SE and SSth St SE Imgrovements per attached Exhibit A $4.07 /SF $407 $1,53$ /EA $1,538 $22.48 /LF $3,439 $8.85 /LF $3,452 1. Grading J.R. Hayes & Sons 26,727 SF $0.15 /SF z. CSTC J.R. Hayes & Sons . a. Concrete Curb & Gutter 32 TNS $18.00 /TN b. Concrete Stdewallcs 37 TfVS $18.00 /TN AC Paving 129 TNS $18.00 /TN ~.:oncrete Curb & Gutter Concrete Servlces 780 LF $6,80 /LF 4. Concrete Sidewalks Concrete Services 1800 Sf $2.50 /SF 5.. ADA Ramps Cvncrete Servtces 1 EA $350 /EA 6. AC Paving fC(?N Materials I 2-1/2" base course 1-1/2" final IifC , Thickened edge ! 7. Traffic Signage & 8arricades ! S. Street Iights ~ 9. ROW Landscaping 1336 SY $10.15 /SY 1336 SY $6.80 /SY 7.53 LF $5 /LF StripeRite 4 EA $600 /LS Transtech Electric 1 LS $28,930 /LS lsham Landscaptng 1 L5 $10,130 /SF $4,009 $583 $673 $2,317 $5,148 $4,500 $350 $13,563 $9,087 $765 $2,400 $28,930 $10,130 Total Construction CosCs $82,456 Tota! Financial Guarantee Amount at 150% $123,684 Grand Total Construction Casts Grand Tota! Ftnancto! Guarantee Amount at 150% $1,890,199 $2,835,298 ZevIsed 2/26/2009 Page 2 of 2