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HomeMy WebLinkAboutITEM VIII-A-4 * * CITY OF * AGENDA BILL APPROVAL FORM WASHINGTON Agenda SubJect: Ordinance No. 6318 for Final Plat Application No. Date: June 29, 2010 PLT09-0008 Department: Planning and Attachments: (See Exhibit list below Budget impact: Develo ment and Exhibits Administrative Recommendation:. City Council to introduce and adopt Ordinance No. 6318. Background Summary: Tony Ching of Apex Engineering on behalf of Christopher Huss of TA 40 LLC has made application for the Final Plat of "Auburn 40" (a.k.a. Monterey Park). The plat includes the creation of 239 lots and . landscape, open space, pedestrian access and private vehicle access tracts. The property is located east of I Street NE in the 4200-4300 block. A rezone from R2, Single Family Residential, to PUD, Planned Unit Development was approved under Ordinance No. 6002 (File No. PUD04-0002) on March 6, 2006. The preliminary plat of Auburn 40 received preliminary plat approval under Resolution No. 3989 (PLT04-0009) of this same date to subdivide tHe approximately 38.48 acre site into 236 single-family lots and create various public and private tracts as noted above. Tract B(0.95 acres) and Tract E(3.25 acres) are proposed to 6e publicly dedicated as Park. Tract A(0.87 acres) and Tract F(0.95 acres ) are proposed to be publicly dedicated as stormwater facility and open space. A minor adjustment to the approved preliminary plat has been granted by the Planning Director pursuant to the ACC 17.06.100 (subsequently amended) (Application No. MIS10-0009) to adjust front yard and rear yard setbacks, adjust minor changes to'lot boundaries at the northwest and southwest corners of the plat, to allow the addition of three lots, to add an entry sign tract, and provide flexibility in completion of Tract E park improvements. The plat has been developed in accordance with approved PUD, the planned unit development district as defined by ACC, Section 18.69 (subsequently repealed), Title 17, (Final Plats, ACC 17.06 subsequently amended) and the conditions of the preliminary plat and PUD. A financial security in lieu of th'e completion of all of the plat infrastructure improvements has been provided to the City. The City Engineer has signed fhe Certificate of Improvements accepting the financial security. L0719-1 03.5 PLT09-0008 Reviewed by Council & Committees: Reviewed tiy Departrnents 8 Divisions: ❑ Arts Commission COUNCIL COMMITTEES: 0 Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor [I Hearing Examiner ❑ Municipal Serv. ❑ Finance Z Parks ❑ Human Services ❑ Planning & CD 0 Fire ID Planning ❑ Park Board ❑Public Works Z Legal ❑ Police ❑ Planning Comm. ❑ Other ED Public Works ❑ Human Resources ❑ Infarmation Services Action: Committee Approval: E]Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referced to Until Tabled Until Councilmember. Norman Staff: Sn der Meetin Date: Jul 19, 2010 Item Number: VIII.A.4 AUBURN * MORE THAN YOU IMAGINED Agenda Subject: Ordinance No. 6318 for Final Plat Application No. Date: June 29, 2010 PLT09-0008 Attached are the following Exhibits: Exhibit 1- Proposed Ordinance No. 6318 to approve the Final Plat of Aubum 40 (a.k.a. Monferey Park) Exhibit 2- Resolution Na'3989, previously approving the Preliminary Plat of Auburn 40 (Includes Hearing Ezaminer Recommendation as Exhibit A) Exhibit 3- Ordinance No. 6002, previously approving the cezone to PUD, Planned Unit Development of Auburn 40 Exhibit 4- The City Engineer's Certificate of Improvements Exhibit 5- Final Plat (Map, 8 pages) Exhibit 6- A Minor Adjustment to the approved preliminary plat by the Planning Director pursuant to ACC 17.06.100 Since the time of the approval of the preliminary plat, finro circumstances have changed affecting the final plat. First, due to increased flooding risk from the Howard Hanson Dam upstream on the Green River, the applicant voluntarily agreed to assist the City by installing temporary flood pcotection. The Green River borders the east end ofithe site. The applicant used their own equipment fo . install temporary flood protection, barriers within topographic low spot"s generally along the northern boundary and a portion of the east boundary of their site. The city inspected the installation of the temporary flood protection. A temporary easement acceptable to the applicant; King County, and the City of Aubum to be separately and concunently recorded is shown on the final plat to acknowledge and provide for the continued existence of the temporary flood protection rneasures. This temporary easement may prevent some lots within the plaf from being developed for up to 3-5 years until the flood risk is eliminated. Second, since the time of the approval of the preliminary plat, the City and applicant have become aware that the King Counfy Flood Control District (Administered by the King County River and Floodplain Management Section) has identified a future Reddington Levee Setback Project which is currently under modeling, design and development. This levee project was not known at the time of the preliminary plat approval. Based on preliminary conceptual information from King County River and Floodplain Management Section, fhis future permanent levee could occupy.nearly all.of Tract E at the east end of the plat adajcent to the Green River (one of the two tracts for public park dedication). After final plat approval the City will own Tract E. Due to the uncertainty about whether King County will after final plat approval, need to acquire all or portion of Tract E from the Cify for this permanent levee setback project, the implementation of park improvements within Tract E will be delayed and the preliminary plat condition has been revised to allow the City to use the value of the financial securify guaranfeeing improvements to Tract E at a different location off-site that could still benefit the plat, similar to an in-lieu fee. Page 2 of 2 ORDINANCE iVO. 6318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN; WASHINGTON, APPROVING THE FINAL PLAT OF AUBURN 40 WHEREAS, the City of Auburn received a final plat application for.the Plat of Auburn 40 (a.k.a. Monterey Park), Application No. PLT09-0008 the final approval of which is appropriate for Gity 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. Tony Ching of Apex Engineering on behalf of Christopher Huss of TA 40 LLC, has requested final plat approval of Aubum 40 (a.k.a. Monterey Park) and all applicable conditions have been met. 2. The preliminary plat was approved by the City Council on, March 6, 2006 by Resolution Na 3998. The preliminary plat was approved with three divisions; with this. application the applicant is revising the proposal to include one division. The plat has been developed in accordance with the . PUD, Planned Unit Development zoning district. 3. A Certificate of Improvements has been issued by the City Engineer, accepting all required plat improvements. 4. Tracf 6(0.95 acres) and Tract E(3.25 acres) are proposed to be publicly dedicated as park. Tract A(0.87 acres) and Tract F(0.95 acres) are proposed fo be publicly dedicated as stormwater facility and open space. 5. A minor adjustmenf to the approved preliminary plat` has been granted by the Planning Director, pursuant to the ACG 17.06.100 (subsequenfly amended) (Application.No. MIS10-0009) to adjust front yard and rear.yard setbacks, adjusfi lot boundaries at the northwest and southwest comers of the plat, to allow the addition of three lots, to add an entry sign tract, and provide flexibility in completion of Tract E park improvements. CONCLUSIONS OF LAW Ordinance No. 6318 July 13, 2010 Page 1 of 3 1. The Final Plat is in, compliance and in conformity with applicable Zoning and Land Division Ordinances and other applicable land use controls. 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, HEREBY RESOLVES AS FOLLOWS: Section 1. Aaaroval. Aubum 40 (a.k.a. Monterey Park), a subdivision involving property located within the City of Aubum, Washington, which plat is legally described on Sheet 1 of 8 of the Final Plat and set forth in . Exhibit "A," attached hereto and incorporated herein by reference, 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. Constitutionalitv 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 unconstitutionaiity 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 any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 3. Recordation. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Aubum shall Ordinance No. 6318 July 13, 2010 Page 2 of 3 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 5. Effecfive 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 APPROVE PINS TO FORM: niel B. id, City Attorney Published: Ordinance No. 6318 July 13, 2010 Page 3 of 3 i EXHIBIT A LEGAL DESCRIPTIOY THE NQR7H HALF OF THE NORTN HAtf OF THE SOUiN HALF aF THE GEORGE E. KING OONAi10N , U1ND CLAIM N0. 44, IN SECT10N 31, TOWNSHIP 22 NQR?H, RAIVGE 5 EAST, W.M., tN fqNG COUMY, WASiitNGTON. ; EXCEFI T1iAT PaR110N THEREOF I.YING NQRIHERl.Y OF THE FENCE L1NE AS IT EXISTED QN ` OECQidBER 17, 1978, !1S DESCRIBED ~iN BOUNDARY LiNE, AGREEMENT RECOROED UNDER RECORDING - i N0. .7912170640. Ai.SO EXCEPT T~iAT PORTION THEREOF GQNVEYED TO KING COUMTY 9Y STANTORY WARltANTY DEED : RECOROED UiVDER RECORDlNG N0. 7409060426. ; ALSO EXCEPT TNAT FORTiQN 0F THE FlORTH HAIF Of' THE NORTH HALF QF THE SOUTH HAi.f QF SAID OONA710N LAND CLAlM LYING SOUTHERLY OF THE Bal1NDARY LiNE DESCRIBED fN BaUNDARY LJNE AGttEEMENT RECO~ED UNDER RECQROING N0. 7903021118. TOGE7}EER WlTH TNAT POR'RON OF THE _ SOEJ7H. tiALF OF , THE NORTH HAtF QF THE SOUl}i HALF OF SAfD DONAT10tV LAiVD CLAIM LYlNG MORTHERLY QF THE BOUNDARY LINE ' DESCFtlBED !N BOUNDARY ; UNE AGREEMENlT R£GORDED UNDQZ R£COROiNG N0. 7903021118. • i . ; I i ~ i I RESOLUTION N0. 3 9 8 9 A RESOLUTlON OF THE ClTY COUNCIL OF THE CIT1( OF AUBURN, WASHINGTON, APPROVtNG A PRELIMINARY PLAT APPI.ICATION. FOR A 236 LOT RESIDENTIAL SUBDIV{SION KNOWN AS AUBURN FORTY WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. PLT04-0009, dated December 16. 2004, has been submitted to the City of Auburn. Washington, by Brian McCabe on behalf af Investco Financial Cocporation, requesting preliminary plat approval for a 236 lot Singte-Family Residential subdivision known as Aubum Farty; and WHEREAS, said request referred to above was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to staff revisw, the Hearing Examiner conducted a public hearing to c:onsider said appfication in the Council Chambers of the Aubum City Hall on December 7, 2005, of which the Hearing Examiner recommended approval of the rezone to PUD and approval of the preliminary plat; and WHEREAS, at its regular meeting of January 17, 2006, the City Council voted to conduct a ctosed recard hearing on the Hearing Examiners recommendations; and WHEREAS, a dosed recorcl hearing was held Febn,iary 15, 2006, at which time the City Council oonsidered the Hearing Examiner's Resolution No. 3989 February 27, 2006 Page 1 of 3 recommendations and the material presentsd to the Hearing Examiner after which the Council voied to approve Application No. PLT04-0009 with the conditions recommended by the Hearing examiner and 3ta#f. NOW, THEREFf3RE, THE CiTY COUNCIL OF THE CITY OF AUBURN, V1IASHINGTON, HEREBY RESOLVES as fotlows: Sect_fon 1. The Hearing Examiner's Findings, Conciusions and Recommendation attached hereto as Exhibif "A" are herewith approved and incarporafed in this Resolution. . , Section 2. The request for preliminary plat approval for a 236 (ot Single- Family Residential subdivision known as Aubum Forty within .the City of Aubum, fegally described in Exhibit "B" attached hereto and incorporated herein by this reference, is hereby approved subject to the condfions as set forth in the Hearing Exarniner's Findings, Conclusions and Recvmmendation attached hereto. Section 3. The Mayor is authorized to implemeM such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. This Resolution shatl take effect and be in full force upon passage and signatures hereon: Resolufion No. 3989 February 27, 2006 Page 2 of 3 Dated and Signed this day of --\q\ .2006 C OF AUBU ~ PE R B. IS MAYOR ATTEST: r Dariielle E. Daskam; City Clerk APPR D A TO FORM: ; ! D ie1 B. Hei ; City Attomey _ Resolution No. 3989 February 27, 2006 Page 3 of 3 , Exhibit "rin Resolution No. 3989 BEFORE THE HEARING EXANIINER FOR THE CYTY OF AUBURN In the Matter of the Applications of ) NO. PUD04-0002 ) PLT040009 ) Brian McCabe, Investco } ) } ) FINDINGS, CONCLUSiONS, For Rezone, Planned Unit Development, } AND RECONIl4ENDATION and PTeliminarv Plat 1 SiJMMARY OF RECOMMENDAnON The Hearing Examiner recommends to the Auburn City Cauncil that the requests for a rezone of approximately 38.48 acres from R=2 Residential to Planned Unit Development, for approval ofa Planned Unit Development, and for preliminary plat approval for the Auburn Forly subdivision, a 236-1ot single-family residential subdivision, be APPROVED subject to conditions. SUMMARY OF RECORD Request Investco, thraugh Brian McCabe (Applicant), requests approval of a rezone, a Planned Unit Development, and a preliminary plat foT the Auburn Forty, a 236-1ot single-family residential subdivision. The subject propeny, totaling 38.48 acres, is located between the Green River and the 4244-4300 block of I Street NE. Hearing`Date An open record hearing on the request was held before the City of Auburn Hearing Examiner on December 2005. Testimon At the open record hearing, the following individuals presented testimony under oath: 1. Mr. Jeff Dixon, Planner, City of Aubum 2. Joseph Welsh, City Transportation Engineer 3. Jeff Mann, Applicarn Representative, Apex Engineering 4. Dennis Hanberg, A.pplicant Representative, Apex 'Engineering 5. William Lynn, attorney representing the Applicant 6. Richard Hathaway, representative of the property to the south Findi»gs, Conclusians, and Recommendation Ciry ofAuburn Hearing Examiner Ruburn 40 RezoneIPUD/Preliminary Plat - PLT04-04091PUD04-0002 page 10, f 26 Exhibits At the open recard hearing, the following exhibits were admitted as part of the official record: Exhibit 1 City of Aubum Staff Report, dated December 2, 2005 Exhibit 2 Notice of Applicatzon Exhibit 3 Notice of Public Hearing Exhibit 4 Affidavit of Posting Exhibit 5 Affidavit of Mailing Exhibit 6 Confirmation of Receipt of Request to Publish LegalNotice Exhihit 7 Final Mitigated Determination of Non-Significance (NIDNS), dated October 13, 2005 Exhibit 8. Final Staff Evaluation (supparting document to Final MDNS) Exhibit 9 2001 Aerial Site Photograph Exhibit 10 Sensitive ATeas Report for the Kawasaki Site, from Watershed Dynamics, 7-12- 04, revised 3-24-05 Exhibit 11 Letter from Apex Engineering respanse to Completeness Letter {environmental checklist application supplement}, dated 3-25-05, including attachments Figure 1- Photas of Aubum Marketplace Pond Figure 2- Photos of open rail fences Figure 3- aerial photo of existing site buildings Exhibit 12 Aubum Forty PUD Revised Transgortation Impact Analysis, from The Transpo Group, dated March.2005 Exhibit 13 Aubum Forry- Sugplemental Transportation Infarmation, from The Transpo Crroup, dated Apri122; 2005 Exhibit 14 Letter Drainage Report: Preliminary Plaf of Aubum Forty Starm Drainage, from Apex Engineering, dated June 14, 2005 Exhibit 15 Port of Seattle Master Plan Wetland Delineation Report of the Construction Access and Staging Site Auburn Wetland Mitigatian Project, Parametrix, dated April 2003 Exhibit 16 SEPA Addendum Relating to the Aubum Wetland Mitigation Project, Port of Seattle, dated June 2003 Exhibit 17 Fina1 Construction Drawing Plan Set Port of Seattle, Wefland Mitigation Construction Sife, GRA01-0004, Sheets Tl, C1-17, TE1-3, & L1-15, Port of Seaitle, dated March 30, 2004 Exhibit 18 Conceptual Plans and Sections for I Street NE Storm Drainage, Apex Engineering; Inc., dated July 1, 2005 Exhibit 19 Preliminary Geotechnical Report Aubum Farty Plat, ABPB Consulting, LLC, dated July 22, 2005 " Exhibit 20 Conceptual Wetland Buffer Mitigation Plan, Investco, dated October 17, 2005 Exhibit 21 Typical Setback arid Building Envelapes - Diagams (4 pages) Elchibit 22 Aubum Forty PUD Conceptual Sanitary Sewer Lift Station Exhibit, Apex Engineering, dated`October 27, 2005 Exhibit 23 Aubum Forty PUD Preliminary Plat, Concepfual Utility Plan, Apex Engineering, dated October 20, 2005 Exhibit 24 Aubum Farty PUD Preliminary Plat, Sight Distance Triangle Exhibit Sheets 1 and 2 of 2, Apex Engineering, dated October 27, 2005 Findings, Carrclusioru, and Recamnrendation City of Auburn Henring Examtner Auburn 40Rezone1PUD1Preliminary Plat- PLT04-00091PUD04-0002 paSe 2 Q,f 26 Exhibit 25 Aubum Forty PUD, I Street NE Alignment Exhibit, Apex Engineering, dated October 17, 2005 Exhibit 26 Preliminary Laudscape Plan Aubum Forty PUD, Bratiley Design Group, dated October 31, 2045 Exhibit 27 Preliminary Landscape (Stormwater Pond) Cross Sections, Bradley Design Group, dated October 31, 2005 ~ Exhibit 28 Aubum Forty PUD Pand Landscape Cross Section Exhibit, Apex Engineering, dated November 30, 2005 Exhibit 29 Completed Preliminary Plat Application Form Exhibit 30 Aubum Forty PUD Application (Narrative), undated Exhibit 31 Aubum Forty Prel'uninary Plat and PUD Conceptual Design Cruidelines, undated Exhibit 31 REVISED Aubum Forty Preliminary Plat and PUD Conceptual Design Guidelines, undated Exhibit 32 REVISED The City of Aubum Planned Unit Development Aubum Forty Preliminary Plat and PUD Analysis of Planned Unit Development (PUD) Public Benefits and Open Space Griteria; dated November 4, 2005 Exhibit 33 Figure 3 Road Layout and Classification under Preferred Alternative for the NE Auburn/Robertson Properties Special Area P1an, Northeast Auburn/Robertson Properties Final EIS, City of Auburn, dated July 2004 Exhibit 34 Letter &om Jim Kelly, Parametrix, to Ralph Wessels, Port of Seattle re: Pratective . Buffers at the Auburn (Port of Seattle) Mitigation Site, dated November 7, 2003. Exhibit 35 REVISED Preliminary Plat Aubum Forty PUD Sheets 1& 2 af 2, Apex Engineering, final revision dated November 30, 2005 Exhibit 36 Declaration of Covenants, Conditions, and Restrictions for Aubum North Forty (cc&xs), 10-28-05 Exhibit 37 Exhibit B(to GC&Rs) The Aubum North Forty Hameowners' Association Architectulal Guidelines, dated October 28, 2005 Exhibit 38 Exhibit B(to CC&Rs) The Aubum North Foriy Homeowners' Association . Architectural Cruidelines, revised and received 11-30-05 Exhibit 39 The Aubum North Forty Homeowners' Association Architectural Guidelines for the Construction of New Homes, received November 30, 2005 Exhibit 40 E-mail from Sean Martin to Jeff Dixon transmitting sign detail, dated December 17, 2004 - Exhibit 41 Letter from Jeffrey Mann of Apex Engineering re: Waiver of Regulatory Timefiames, dated Novem.ber 30, 2005 Exhibit 42 Draft Environmental Impact Statement Northeast Aubuni/Robertson Properties Special Area Plan, Aubum WA, City of Auburn, February 2004 (CD version) Exhibit 43 Final Environmental Imgact Statement Northeast Aubiun/Robertson Properties Special Area Plan, Aubtun WA, City ofAubum, July 3004 (CD version) Exhibit 44 Aubum Forty Planned Unrt Developmenf; Aubum Hearing Examiner Public Hearing December 7, 2005 Exhibit 45 Aubum Forty PUD Rezone Exhibit, Investco Financial, dated October 2$, 2005 Exlubit 46 Projected Profile of the Development of King County Parce104040U-Q005 Exhibit 47 Lakeland Hills PDD Landscape Amenities Exhibit 48 Auburn Porty PUD and'Preliminary Plat; Comparison of Benefits ofthe PUD Exhibit 49 Typical Storm Retention Facilities Findings, Conclusiar.s, and Recom►nendation City of Auburn Xearing Exaneiner Auburn 40 Rezorre/PUD/Preliminary Plat- PLT04-00091PUD04-0002 page 3 of 26 Exhibit 50 Prelimiuary Landscape Plan Auburn Forty PUD, Investco Financial Corp., I Street NE, Auburn, WA; L-1 of l, dated December 7, 2005 Preliminary Landscape Cross Sections Auburn Forcy PUD, Investco Financial Corp., I Street NE, Auburn, WA; L-2 of 2, dated December 7, 2005 Exhibit 51 Pond F Perspective Pond A Perspective Exhibit 52 Informal Open Space; Lakeland Hills South PUD "Verona"; Intersection of 67tn Street & Eliza.beth Ave SE, dated December 5, 2005 Exhibit 53 Letter from Apex Engineering RE: Auburn Forty - Applicant comments to City's staffreport regarding application nos. PUD04-0001 and PLT04-0049, File #27830/0, da.ted December 7, 2005 ' Exhibit 54 Memorandum from The Transpo Group Subject regarding Auburn Forty Traffic Impact Analysis Consistency, datedDecember 2005 Exhibit SS Polygon Floor Plans (a.dinitted for illustrative purposes) OakRidge Homes Floor Plans (admitted for illusirative purposes) Exhibit 56 Memorandum from JeffDixon to the Hearing Examiner, regarding the City's response to the Applicant's updatrd exhibits, dated December 21, 2005 ' Upon consideration of the testunany and exhibits submitted at the open record hearing, the Hearing Examiner enters the following Fiadings and Conclnsians: FINDINGS OF FACT 1. The Applicant requests approval of a rezone, a Planned Unit Development (PUD), and a preliminary plat to develop "The Auburn Forty," a 236-1ot single-family residential subdivision. The 38.48-acre subject property is located between the Crreen River and the 4200-4300 block of I Street NE in Auburn, Washington.2 Exhibit 1, Staff Report page 1; ExkibPfs 29 and 30; Testrmony of Mr. Mann; Testimony of Mr. Dixon. 2. The City of Auburn processes PUD applications in several steps. The first step requires approval of a contract rezone of the subject property from its existing zoning designation to a PUD designation. The contract rezone specifies the land use, the density, the number and types of dwelling units, the amount and types of bpen space, and the responsibilities of the Applicant. In the present case, the application for preliminary plat approval has been processed simultaneously with the PUD application. If the PUD is approved, the next steps would be City approval of construction plans, installation af infrastructure by the Applicant, and then application for final plat approval. Exhibit l, StaffReport, page 5. ' At the public hearing, the Applicant submitted several updated versions of previously submitted documents, in addition to several new exhibits. The Hearing Examiner aUowed the City time to prepare a responss to the additional exhibiu afterreview, which the City submiued as Exhibit 56 on December 21, 2005. 'I'he record closed on that date. The parties agreed. W extend the rime for preparation of the Heaiing Exarriiner's written decision until January 6, 2006. 2 The legal description of the subject property is a partion of Section 31, Township 22 North, Range 5 East, W.M., King County, Washington; also known as Parcel No. 0004200004. The fiill legal description of the site is in the record atBxhibit 29. Exhibit 29, Preliminary Plat Applicution• Findings, Conclusrons, arul Recommendation City af.4ubarn Hearing Exarniner .4uburn 40 Rezone/PUD/Prelimirrary Plat- PLT04-00091PUD04-0002 page 4 of 26 , 3. The area suirounding the subject property was annexed to the City in 1970. Cansidered . an "Auburn Gateway," it has remained largely undeveloped until recent market conditions in the Puget Sound region`have begun to bring development to the area. Abutting the nartheast portion of the subject property is a 67-acre wetland!'in-kind habitat creation area owned by #he Port of Seattle and used for the purpose of compensating for unavoidable impacts. from development of the third nmway project at SeaTac Airport. Exhibit 16, SEPA Addendum Relating to the Auburn Wetland Mitigation Project, Port of Seattle, June 2003. . The Port of Seattle purchased an additiona135-acre parcel abutting the northwest corner of the subject property for the purpose of praviding -access to its wetland mitigation site. Other than wetland creation and access-related improvements, both of the Port's parcels will remain undeveloped. Also to the north of the subsect property is the recently approved River Sand PUD, which will create 172 single-family residenrial lots and 115 inultifamily units on approximately 40 acres narth of the subject property. The River Sand property is on the south side of South 277'' Street appmximately 20 feet east of the undeveloped I Street NE right-of-way. Exhibit 1, Staff Report, page 14; Testimorry of Mr. Dixon. 4. An undeveloped section of I Street NE forms the western site boundary. Properties across I Street NE have Heavy Commercial (0) and Mutti-Faznily Residential (R4) zoning and land use designations. There is a childcaze facility across I Street NE. The R- 2 zvned property south of the site is vacant. It has Single Family Residential and High Density Residential land use designations. Immediately east of the site is a swatti of vacant, unincorporated Green River shoreiine owned by King County. Property west of the riverhas an R-2 zoning designation and an Open Space land use designation. Exhibrt l, Staff Report, page 2; Exhibrt 9, Aerial Site Photograph. 5. Critical areas found to exist on-site include the 140-year floodplain of the Green River and buffers of off-site wetlands and river shoreline, No wetlands exisron-site; however, the buffers of two off=site Port of Seattle wetlands extend into the subject property along the northem.plat boundary. The Applicant groposes a vegetation planting plan for Tracts X, Y, and the norkhwestern portion of Tract B to minimize impacts of the timil on the wetland buffer. Impacts.to the on- and off-site critical areas were considered in the City's environmental threshold determinatian. Requued mitigation measures relating to critical areas include additional geotechnical study, preparation of a final wetland buffer - enhanceinent plan, and construction of floadplain compensation in the event that floodplain storage capacity is impacted by the project. Exhibit 20, Conceptual Wetland Buffer Mitigation Plan, lrrvestco; Ezhibit 1, Stuff Report, pagel0; Exhibii 7, MDNS. The Applicant's preliminary geotechnical study concluded the praject site is suitable far.the proposed development. Exhibit 19, Preliminary Geoiechnical Report Auburn Forty Plat, ABPB Consulting, LLC. 6. The proposed development would create 236 single-famiiy residential lots and 25 tracts in three phases. Phase I would include development of the central one-third of the site, , containing 881ots, and the sanitary pump station in proposed Tract K adjacent to the southem plat boundary. Phase II would include the 70lots closest to I Street NE, and Findings, Conclusions, and Recommendation • City of Auburn Hearing Examiner .4uburn 40 Rezone/PUD/Preliminary Plab- PL704-00091PUD0¢0002 page 5 of 26 Phase III would include the remaining 78 proposed lots closest to t12e Gresn River. The Applicant intends to request three separate final plat approvals. No phasing is proposed for infrastructure. improvements; the Applicant proposes to install all roads and utilities prior to requesting final plat`approval on any of the tiiree phases. Exhibit 1, Staff Report, pages 4-5; Testimorry of Mr. Ducorr. 7. The subject property has had a zoning designation of Single-Family Residential (R-2) since 1987 when the City adopted its zoning ordinance. It is developed with a single- family residence and agricultural buildings that would not be retained if the proposal were approved F.xhibit 1, Staff Report, page 2; Testimony of Mr. Dixon. Development standards of the R-2 district require a minimum lot size of 6,004 square feet, with a minimum lat width of 60 feet. ACC 18.14.040. 8: Recent market trends have encouraged the creation of residential lots smaller than those required by the R-2 zoning district. Exhibit 1, Stafj`'Report, page 14; Testimorry of Mr. Mann. The Applicant requested a rezone from R-2 to the PUD zoning district to a11ow an enhanced, more flexible site design. Exhibit 29, Pretiminary PlatApplication; Exhibit 30, A uburn Forty PUD Application Narrative. 9: PUDs are permitted on parcels af at least ten acres within all azess designated as residential by the City's Coinprehensive Plan (except for areas designated as "Rural Residential"). ACC 18. 69.040. Pursuant to the City Code, "[t]he ;purpose of a(PUDj district is to offer enhanced flexibility to develop a site through innovative and altemative development standards. A PUD district also allows for a greater range of residential development scenarios, provides for itrtemal transfers of density, and may result in more dwelling units than may be realized by using th,e existing development standards. In exchange for this enhanced flexibility, the City requires the PUD to result in a significantly higher quality development, generate more public benefit, and be a more sensitive proposal than would have been the case with the use of standard zoning ar subdivision procedures." ACC 18.69.010. 10. The City's Comprehensive Plan Map was updated in 1995 to be consistent with the Washingtan State Growth Management Act, RCW 36.70H. The subject property has two Comprehensive Plan Land Use designations. The westem 5.47 acres ofthe site, adjacent to I Street NE, are designated H.igh Density Residential, and the eastern 33.01 acres, neaz the Green River, aze designated Single Family Residential. Exhibit 1, Staff Repart, page 2. "High Density Residential" areas may be developed with up to 18 units per acre. . "Single Family Residential" areasmay contain upto six units per acre 3 Exhibit 1, Staff Report, pages 6, 13. 3 The site is within an area designated by the City's Comprehensive Plan as a"NE Aubum Special PIan Area." Several property owners'in tbe area are in the process of developing a mesfer plan addressing I Street alignment/design, stonndrainage and utilities, laud use types and densities, financing of required infrastructure, and the Port of Seattle's wetland mitigation project. Recent developments in the vicinity, including the Port of Seattle's wetland mitigation project and the approval of the River Sand PUD, have removed the uncertainty regarding the development future of much of the NE Auburn Speciaf Ptan Area. City Plannmg Staffanticipates that the Auburn 40 properry wiil be excluded from the Spacia! Plan Area when the Comprehensive Plan Map is amended in Findings,. Conclusions, and Recommendatfon City ofRuburn Nearirtg Examiner Auburn 40 Rezone/PUD/Preltminary Plat- PLT04-00091PUD04-0001 page 6 of 26 11. The subject property contains no "unbuildable areas" and therefore, under the PUD provisions; could be divided to contain up to 296 lots.4 The Applicant proposes 2361ots. The propased density is 6.13 units per acre. Exhibit 1, StaffReport, page 6; Exhibit 29, Preliminary Plat Application; Farhibi135, Site Ptarr. 12. The Applicant proposes to develop only detached and zero setback lots.s PUD lot size standazds vary by Comprehensive Plan land use designation and by lot type. "High Density Resideirtial" areas require a minimucn lot` size of 2,400 square feet for detached single-family residential uses and for zero lot line lots, "Single Family Residential" areas require minimum lots sizss of 3,600 square feet for detached lots and 2,700 square feet. for zero setback lots. Exhibit 1, StaffReport, pages 6-7. All lots in Phase II (I,ots 1-36 and 203-236) and all "alley loaded" lots in Phases I and III would be zero setback lots 6 All other lots would be detached lots. All proposed lots satisfy the minimum PUD lot size requirements.7 Exhibit 35, Site Plan; Testrmorry of Mr. Dixon; Exhibit l, Staff Report, page 7. 13. The Applicant representative testified that the use of tlie flexible PUD development standards would allow the Applicant to provide more affordable housing opportunities, for a broader economic range of potential buyers. The resulting mixture of diverse housing types creates a"streetscape" with aesthetic,value, which according t,o the. Applicant cannot be deriyed from traditional subdivision layouts. Testimorry of Mr. Mann; Exhibit 32, The City of Auburn Planmed Unit Development Auburn Forry Preliminary Plat and PUD Analysis of Planned. Unit Develapment (PUD) Public Bene}Its and Open Space Criteria. 14. PUDs are required to set aside a minimum of ZO% of their total buil+dable area as open space. ACC 18.69.080. The project, at 38.48 acres, must provide a minimum of 7.69 acres in open space. The Applicant proposes to set aside 7.79 acres of open space (24.2% of the total site area) in the following tracts: conjunction with the completed development of the Port of Seattle propeRies. Exhibit 1, Staff Report, page S; Testimony of Mr. Dixon. , i The 5.47-acre "High Density ResidenUal" designated portion of the site could contain up to 99 dwelling units. The 33,01-acre "Single Family Residential" designated portion of the site could contain up to 198 dwelling units. Exhibit I, Staff Reporr, page 6. 5"Detached lots" are those on which the structure is set back from all lot lines. "Zero setback lots" are those on which the structure is not sctback from one lot line and is not attached w other structures on adjoiniag lots. ACC 18.69.030(E). 6 Alley loaded lots are Wose that have vehicle access only to the rear of the lot from an aliey. ' For a depiction of typical setback enVelopes, please see Exhibit 21, Typical Setback and Building Envelopes - Diagrams. Findi»gs. Conclusioris, and Recommeadation ° City ofAubaern Nearing Exarainer Auburn 40 Rezone/PUD/Prelimirurry Plat- PL7'04-00091PUD04-0002 page 7 of 26 Publicly Owned; Tracts A& F Enhanced stormwater facilities along north plat boundary Tract B A trail along the north plat boundary connecting L Street NE to the Green River parkway Tract E Parkland to be dedicated to the City and developed with recreational eqtripment Tract X Opea space/wetlaad buffer along north central plat boundary Tract Y Open space ' Privately Owned by the Homeow»ers' Associatiorr: 11 Tracts Proposed for general open space: Tracts G, I, J, Q, R, S, T, V, W, DD & EE Tract N Landscaped entrance sign Tract Enhanced open space to ensure project satisfies sight distance standards Farhibit 1, Staff Report, pages 7-8; Ezhibit 35, Site Plan. 15. City Planning Staff determined that Tract DD is not suitable for designation as open space due to its size and its perpendicular orientation to the adjacent irail in Tract B. Staff opined that most project residents would consider Tract DD part of the adjoining lot. Staff noted that the project would satisfy the PUD requirement for 20% open space dedication even if Tract DD were excluded from proposed open space. Exhibit 1, Stafj`' Report, page 15; Testimorry o, f Mr. Dixon; Exhibit 56, Memorandum from Jeff Dizon to the Hearing Examiner, regarding the City's response to the Applicant's updated exhibits, dated December 21, 2005. The Applicant contends that Tract DD's location adjacent to the trail in Tract B(regardless of its perpendiculaz rather than contiguous orientation), in addition ta the potential view corridor into the Port of Seattle's wetland mitigatian project to the north, particularly recommend the use af Tract DD as open space. Exhibit 53, Letter from Apex Engineering RE: Auburn Foriy - Applicant comments to City's staff report regarding application nos. P11D04-0001 and PLT04-0009. ; Testimony of Mr. Mann. 16, City Planning Staff stated that Tract U, designated as open:space to ensure sight distance standards are met, must be dedicated to the City as right-of-way for I Street NE. Exhibit 1, Staff Report, page 8. 17, The City's Park and Recreation Plan (as incorporated by the Subdivision Code) requires that for every 1,000 proposed residents, development must dedicate 6.03 acres of unimproved pazkland to the City. ACC 17.12,260. The project must dedicate a nairiimum , of 3.99 acres of land to the City for public parklands.8 The project would include that dedication of 4.18 acres consisting of Tracts B and E as public parklands. The Applicant e Refer to the Staff Report for the complete calculation of required parkland dedicatian. Farhi6it 1, StaffReporr, PaSe 8• Findings, Conclusiorrs, arrd Recommendatiox City afAuburn Nearirrg Examrner Auburn 40 Rezone/PUD/Preliminary P1at- PLT04-00091PUD04-0002 page 8 of 26 proposes to install play equipment and trail irnprovements in the 3.2-aere Tract E public park concurrent with plat development as public park amenities for residents of the PUD. The existing stand of mature trees within the Shoreline Jurisdiction in Tract E would be retained. Exhibi# 1, Staff I Report, page 8; Exhibit 35, Site Plan; Exhibit 32, Revised Analysis of PUD Benefits. 18. PLTDs are required to promote pedestrian circulation. . The project would enhance pedestrian safety and movement by coatinuing the I Sftet NE sidewalk along the properry's frontage, by providing sidewallcs on both sides of 0 intemal stree#s, and by providing.a public brail connecting I Street NE with the Green River pazkway. The City Pazks and Recreation Department requested the east west pedestrian trail (located in Tract B) to create a dedicated public access point to the future north-south Crreen River Trail, that the City plans to develop along the river's west bank as an important recreational and transpartation resource. The proposed PUD would also provide connections to the public park to be located in Tract E via the siclewalks along the internal plaf road adjacent to the project's east boundary. The project is consistent with the 2005 Park and Recreation Plan and fhe Non-Matarized Plan. Exhibit 35, Site Plan,- Exhibit 1, Staff Report, pages ll, 17; Testimony of Mr. Mcnm; Testimorry of Mr. Dixorr. 19. Despite ttie site's long, narrow canfigwation, the proposal' would promote pedestriari circulation because it doesn't contain excessive lengths of straight internal streets, thereby controlling vehicle speed. In order to further encourage vehicle speeds consistent with pedestrian safety, the City Engineer requested that traffic-calming devices be required at the time of final roadway design. Exhibit 1, StaffReport, page 11; Testimony of Mr. Dixon. 20. The subject property is adjacent to an undevelaped portion of i Street NE. The Applicant proposes to provide access to the site by improving the site's 3 Street NE frontage to City standards for minor arterial roads. In order to do so, the Appiicant must dedicate right- of-way to the City, including Tracts C and M. Exhibit 7, MDNS, page 18; Exhibit 1, Staff Report, page 8; Exhibit 35, Site Plan. The proiect would have 571.3 feet of frontage. Because of the proximity of existing accesses on adjacent properties, 571.3 feet of frontage is not sufficient to allow more than one access paint into the projec# from I" Street NE consistent witti the City's intersection separation standards. Exhibit 35, Site Plan; Exhibit l, Staff Report,. page 11; Testimorty of Mr. Dixon; Exhibit 12, Auburn Forry PUD Revised 7'ran.sportatiorrlmpact Arralysis, 7he Transpo Group; Exhibit 1, Staff Report, page 71. 21. Comprehensive P1an Policy TR-13 requires developments with more than 75 dwelling units to provide two access points. The same policy prohibits the creation of dead end roads longer than 604 feet. Exhibtt 1, Staff Report, page 11; Testimorry of Mr. Dixon. Swrrounded by the Green River to the east, peanaaently p_rotected wetland property to the north, and undevelnped private pmperty to the sauth, the subject property can only ' provide access along its western barder on I Street NE. Sauth of the site, I Streef NE connects to public roads via 40tb Street NE. North of the site, I Stireet NE connects to public roads via 45`h Street NE. Both 40* and 45`h Streets connect to Aubum Way North. Findengs, Conclusions, and Recommendation Ciry of Auburn Hearing Eramiaer Ruburn 40 RezonelPUD/Preliminary Plat- PLT04-00491PUD04-000I page 9 of 26 The Applicant must extend off-site improvements on I Street NE to both 40°i and 45`h Streets to comply with City road standards and policies requiring multiple access points. Exhibit 1, Staff Report, page 11; Testimorry of Mr. Dixon; Exhibit 9, Aerial Site Photograph. Providing north and south traffic access routes to the plat entrance would also have the benefit of distributing traffc more evenly through the City's street network. F.JICD'ilbll SSI, Memorandum from The Transpo Group Subjecf regarding Auburn Forty Trafj"ic Impact Analysis Consrstency. The Applicant proposes to canstruct I Street NE , north to 45`h Street and south to 40'h Street with the first phase of development. Exhibit 54, Memorandum from The Transpo Group Subject regarding Auburri Forty T'rafflc Impact Arralysis Consistency. " 22. The undeveloped I Street NE right-of way from the site nortli to 45t' Street NE has been the subject of several recent studies done in conjunction with the Part of Seattle wetland project. The City and the Port of Seattle aze currently engaged in negotiations regarding vacation of the right-of-way. The City anticigates that the right-of=way exchange would be concluded early in 2006. Exhibit 1, 3taff Report, pages 11-12; Testimony of Mr. Dixon. 23. The primary intemal plat road connecting to I Street NE would be developed to Residential Collector standards for the length of Phase I. The residential collector street would be stubbed to tlze site's south boundary between Phases I and II to provide for future connectivity. Immediately east of the boundary between Phases I and II, the primary plat road would become a local residential street ttiioughout Phases II and III and would stub to the site's south boundary ia two locations, once at the boundary between Phases II and III, and once at the east end of the project, adjacent to Tract E. Notice of the future extensions of on-site dead-end roads must be noted on ttie face of the final plat and posted at the road stub locations, consistent with Comprehensive Plan Policy TR-13. Exhibit 35, Site Plan; Exhibit I, Staff Report, page 11; Exhibit 13, Auburn Forry- Supplemental 7'ransporration Information; The Transpo Group. 24. Despite its lunited frontage on I Street NE, the project must.still provide two points of access internal to the site ia order to comply with Comprehensive Plan Policy TR-13. City Planning Stafftestified that the purpose of the dual access requirement is to provide adequate emergency access to developments of greater than 751ots. The Applicant proposes to develop the plat's intemal residentiat collector access street as a boulevazd with two 20-foot lanes separated by a tandscaped median. The 24-foot lanes would extend east within the plat to'a point within Phase III such that the widened road would serve alI lots within the P[7D except far 75. ' Staff testified that the divided boulevard would provide two lanes for emergency vehicle access. The City accepted the proposed divided boulevazd in sarisfaction of the dual access requi=ement If and when the property to the sauth develops, three additional access points would be available. Exhibit SS, Memorandum from Jeff Dixon to the Hearrng Examiner, dated December 21, 2005; Exhibit 1, Staff lteport, page 11; Testimony of Mr. Drxon. 25. Within the westem one-third of the site, the proposed intemal road network consists of branching "T" intersections to the north and south from the primary residential collectar Fi»dings, Conclusions, and Recommendatian City ojAuburn Nearing Examiner Auburn 40 RezotrelPUD/Prelirninary Plat- PLT04-00091PUD09-0002 page 10 ofl6 entrance road. The eastern two-thirds af the site would contain looped roadways interconnected with public 20-foot-wide alleys. All roads within the plat would be dedicated as public roadways. Seventeen lots would have access fmm shared private access tracts, as follows: Tract D{Lots 42-44}; Tract H (Lots 125-127); Tract L(Lots 134-136); Tract O(Lots 14-13); and Tract P(Lots 27-30). The private access tracts would be owned by the Homeowners' :Association. Exhibit 1, Staff Report, page 8; Exhibif 35, Site Plan. - 26. The Applicant requests deviations from four City Public Warks Design and Construction Standards. including the following: o A deviation fram the City's local residential street standazd to allow the landscape strip to intervene between the sidevValk and curb on both sides of the streets, rather than on only one side; o A deviation from the City's residential collector street standard to allow a landscaped bouleyazd section for the Residential Collector Street; • A deviation for road radii for internal streets at seven lacations; and • A deviation to allow ttie intersection spacing between local residential streets and alleys (treated as local,residential streets) to be closer than the design standard separatian of 125 feet City Public Works Sta.ffreviewed the devia.tion requests and determined they aze supported and approvable; however, approval of the requested deviations is deferred to ensure that all required project modifications aze considered. Ezhibit 1, Stafj'Report, page 6; Testimorry of Mr. Dizon. 27. The Applicant submitted a TrafFic Impact Analysis ('TIA}, prepared by The Transpo Crroup. Tlie TIA indicated that the praject would generate approximately 2,328 average daily trips, including 236 weekday PM peak hour trips 9 Exhibit' 12, Auburn Forty PUD Revised Transportation Impac! Analysis, T'he ?'ranspo Group, March 2005. According to the Applicant's transportation consultant, the intersection of the plan entrance and I Street NE would operate a Level Of Service (LOS) B or better during peak hours, satisfying City standards. Exhibit 54, Memorandum. from The Transpo Group. 28. The anticipated project trips combined with the new trips expected to be generated by other "pipeline" prvjects, i.e. River Sand PUD, would degrade traffic movements at the existing intersection af 45`h Street NE and Auburn Way North to LOS E, a condition requiring mirigation. A traffic signal warrant analysis pecforined by the City revealed that post-develogment operatians at the intersection would waaant signalization. A condition of MDNS approval requires the Applicant ta contribute a 25% share towards the future 9 The TIA review was based oa 240 new lots; the AppEicant proposes 2361ots. Because the TIA documented the. traffic impacts af a slightly larger propasai, its results adequately address the unpacts attributabte to the curcent proposal. Exhibit 54, Memorandum from The Transpo Graup Subject regardrRg Auburn Forty Trc~`'ic Impact Analysis Consistency, dated Decernber 7, ZQOS. Findings, Conclusior+s, and Recommeredation City of A uburn Hearing Examiner Auburn 40 RezvnelPUD/Preliminqry Plat- PLT04-00091PUD04-0002 page 11 of 26 signalization of the intersection. No other mitigation was requested for off-site traffic impacts. Exhibit 7, MDNS, pages 5 and 19; Exhrbit 1, StaffRepnrt, page 12; Exhibit 12, Auburn Forty PUD Revised Transportation Impact Analysis. 29. City of Kent schools would serve the project The project's impacts to schools would be mitigated by the payment of school impact fees to the Kent School District The City of Auburn is autharized by ordinance to collect schaol impact fees on behalf of Kent. The sidewalks provided along the internal plat staceets would provide safe walking routes fqr school children within the plat to a bus stop that would be located on I Street NE. Due to the Kent School DistricYs policy of not permitting school buses to enter subdivisians, a bus stop would be located on I Street NE. Exhibit 7, MDNS, page 6; Fachibit 1, Sta~'f Report, page 13; Testimorry of Mr. Dixon. 30. The Applicant's submittals indicate that approximately 35% of the site would be covered by new impervious surfaces at fu11 build out, generating new stormwater runoff. The Applicant commissioned a preliminary surface water report and engineering from Apex Engineering Inc. A stormpond in Tract F would collect and detain runoff from the eastern two-thirds of the plat. The runoff would be treated using water quality best management practices'and released into the existing Port of Seattle wetlands north of the site via level spreaders or other means "to mimic natural sheet flow" to and across the Port of Seattle property. Exhibit 14, page 1. In addition, the Applicant proposes to install a bypass storm conveyance gipe from the south end of the plat to the level spreaders in Tract F to maintain the existing natural flow from the approximately 80 acres south of the subject properly to the Port's existing wedands. A second storm pond in Tract A would . collect and treat runoff from new impervious surfaces in the easiern one-third of the project and from the I Street NE improvements. The pand in Tract A has been sized to collect and treat post-development runoff volumes for the sub-basin before conveying it into an existing ditch system that flows north through an area of unincorporated King County and eventually into the Green River. Exhibit 7, MDNS, pages 2-3; Exhibit 14, Letter Drainage Report, Apex Ertgineering Inc.; Tes#imony of Mr. Mann. 31. The Applicant submitted plans depicting proposed stormpoads that generally satisfy City stormwater management standards.1° Exhibit 28, Auburn Forty PUD Pond Landscape Cross Section Exhibit, Apex Engineerin& dated November 30, 2005. Minor modifications to pond designs may still be required during civil plan review. Testimany of Mr. Drxon. Comprehensive Pian Policy UD-6 promotes stormdrainage facilities that "incorporate high standazds of design to enhance the appearance of a site, preclude the need for security fencing, and serve as an amenity." At hearing, Applicant representatives described in detail the manner in which the Applicant proposes to create starmponds that not only satisfy City stormwater management design standards; but also pravide an aesthetic amenity to the plat and the general public. The Applicant submitted conceptual drawings and photographs of existing stormponds to illustrate the intended 10 The November 30, 2405 plans (Exhibit 28) are revisions of the proposed storm pond designs for Tracu A and F submitted in the October 31, 2005 Preliminary Landscape/Stormwater Pond Cross Sections, which did not comply with Ciry design standards. Exhibir T, Staff Report, page 15; Testimony ofMr. Dixon. Findtrtgs, Conctusions, and Recommendation City ofAuburn Hearing Ezamirter Au6urn 40 Rezone✓PUD/Prelirniruuy Pldt- PLTY14-00091PUD04-0002 Fage 12 oj26 aesthetic cantribution that wou.ld be made by the proposed stormponds. Testimony af Mr. Hanberg; Exhibit 28, Auburn Forty PUD Pond Landscape Cross Section Exhibit, Apex Engineerrng; Exhibit 49, photographs of existing o, f,)'-site ponds; Exhibit 51, Conceptual Depictions of proposed ponds; Exhibit 32, RevisedAnalysis of PUD Berrefits. 32. Management of the stormwater runoff from the propased development was addressed during the City's environmental review of the project- Compliance with the mitigation measures impased on the project through the City's environmental threshold determination would ensure that there would be no adverse impacts ta the environment or surrounding properties. Exhibit 7, MDNS; Testimony af Mr. Dixon. 33. The Applicant proposes to extend City of Auburn water to the project. To do so, the Applicant must construct on- and off-site water extension projects consistent with Comprehensive Water Plan and Design and Construction Standards. Prior to final plat approval, the Applicant must install dual connections to the water system, including one connection to the west in the viciniry of King County Parcel No. 000400-0 1 1 1? and anather connection within the I Street NE right-of-way south to the vicuuty of Parcel No. 000400-0113. Specific parameters for water line extension were addressed in MDNS Condition 12. Exhibit 7, MDNS, page 6; Testimony of Mr. Dixon. 34. Currently, no sewer service extends to the site. City sewer policies prioritize gravity systems as the most cost-effective means of providing sanitary sewer service; however, , pressure systems are allowed when gravity systems are impractical or cost-prohibitive. The Applicant submitted information justifying the need for a pressure system. Exhibit 7, MDNS, page 6. The Applicant proposes to constxuct a sewer pump station in Tract K to serve the entire development. The proposed central location of the pump station would mir►imize the depth of the wet wells and increase system eff'iciency. The sewer pump station would be sized to serve the undeveloped property south of the site in addirion to the proposed project. The Applicant anticipates latecomers' agreements from other properties in the general area. The pump station would tie dedicated to the City and operated as a municipal utility. Exhibit 22, Auburn Forty PZID Conceptual Sanitary Sewer Lift Stdtion Ezhibit, Apex Engineering; Testimorry of Mr. Mann; Testimony of Mr. Dixon. 35. Fina1 design of the pwnp station must be reviewed and approved by the City prior to grading or construction pernut issuance. Until the final pump station design is established, it is not known how large Tract K will need to be to contain the facility. Because the project proposes to place a sewer pump station adjacent to residential development, Tract K needs to be large enough to accommodate various screening and mitigation measures required by the NIDNS. In the event that Tract K rnust be enlarged to accommodate the pump station, adjacent Tract EE may need to be reduced in azea. Exhibit 1, Staff Report, page 8; Testimony of Mr. Dixon; Fxhibit 7, MDNS, page 19. 36. PUDs must provide efficientpublic facilities, consistent with City standards that do not result in higher public operational costs than would be iricuured: by traditional subdivision. ACC 18. 69.090(B). City Planning Staff testified that the proposed layout of Findings, Conclusions, and Recommendation City of Auburn Heqring Examiner ' .4uburn 40 Rezone/PUD/Preliminary Plat PLT04-00041PUD04-0001 page 13 of 2 6 the sanitary sewer force main leading from the pump station contains too many beads that would cantribute to increased friction in the pipe and result in head loss, forcing the pump motors to work harder. At the hearing, Staff requested at hearing that the location of sanitary sewer force main be revised within currently proposed rights-of-way to produce a more efficierit system and requested that the force mainrevision be required as a condition of agproval. Exhihit 23, Auburn Forly PUD Preliminary Plat, Conceptual Utility Plan, Apex Engineering; Exhibit 1, Sta,,a'Report, page 16; Testimorry of Mr. Dixon. The Apglicant representative testified that the requested revisions can be accomplished by redesigning the path of the force main within the plat's north most intemal road. Testimorry of Mr. Mann. 37. A Homeowners' Association is proposed to maintain private open spaces and access tracts not dedicated to the City. The Applicant submitted a Declaration of Covenants, Conditions, and Restrictions (CC&Rs) progosed to govem the requiredmaintenance of private open spaces and tracts. Exhibit 30, Auburn Farty PUD Application (Varrative), undated; Exhibit 36, CC&Rs. The GC&Rs, a legal instrument for permanent maintenauce of commumty facilities, would be subject to review and approval prior to final plat approval. Exhibit 31, REyISED Auburn Forty Prelrminary Plar and PUD Conceptual Design Guidelines; Exhibit 56,Memorandum from JeffDixon to the Hearing Examiner. 38. Proposed PUDs must be consistent with required design standards and demonstrate design continuity of structures in order to achieve the PUD's stated purpose of "enhanced design." ACC 18.69.080. To address this requirement, the Applicant submitted proposed Homeavmers' Association Architectural Guidelines and CC&Rs for the developmeirt. Exhibit 36; Exhibit 37; Exhibit 38; Exhihit 39. City Planning Staff stated that.while these , documents present a general intent to comply with the City's design requirements, the documents primarily address the design review process by the Homeowners' Assaciation. Staff recommended revisions to the praposed CC&Rs prior to final plat approval to address requiied design specifications. Exhibit 1, Staff Report, page 10, Testimonry of Mr. Dixon. 39. The Applicant submitted an updated preliminary landscape plan, prepazed by the Bradley Design Group, to address design features including street trees, landscaping, and signage. Exhibit 50, Prelimirrary Landscape Plan Auburn Forty PUD, Bradley Design Group, dated December 7, 2005. Photographic examples of landscaping amenities similar ta those proposed were submitted for illustrative purposes. Exhibit 47, Lakeland Hills PDD Landscape Amenities. The Applicant proposes a single standing montunent sign to be placed at a landscaped plat emrance in Tract N. Exhibit l, Staff Report, page 8; Exhibit Forty, E-mail from Sean Martin to Jeff Dixorr transmitting dated December 17, 2004 transmitting sign detail. City Planning Staff noted that Tract Y is depicted on the revised - plan as containing areas of lawn, which would not be consistent with the tract's intended purpose as a wetland buffer. To ensure protection of the wetiand buffer, Staff requested that Tracts X and' Y be protected by a native growth protection easemeaL Staff also noted that the revised plan daes not addTess site furniture such as is depicted in the photographic examples from other PUDs that were submitted Review and approval of a Findings, Conclusions, and Recommerrdation City of.4vburn Hearing Examiner Aubran 40 RezonP/PUD/Prelfminqry Plat- PLT04-00091PUD04-0002 page 14 of 26 finallandscape plan would be required prior to final, ptat approval to ensure consistency with PUD design guidelines. Exhibit 50, Preliminary Landscape Plan Auburn Forty PUD; Exhibit 56, Memorandum from Jeff Dixon to the Hearing Examiner; Exhibit 1, Staff Report, page 10. 40. Pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C, the City of Aubum acted as lead agency for the review of environmental impacts caused by the proposed preliminaryplat. The City issued a final Mitigated Defermination of Non- . Significance (MDNS) on October 13, 2005 confaining 13 rizitigationmeasures that would • reduce enviranrriental impacts of the rezone ta PUD and plat development to a point of non-significance. The required mitigation measures include additianal geotechnical study, wetland mitigation for the off-site wetlands; :floodplain compensation (in the event that the project.impacts floodplain storage capacity), water line extension requirements, traffic circulation measures, and archeological resources measures. Exhibit l, Staff Report, page.l3; Exhibit 7, MDNS. No appeal was filed and the NIDNS became fixial on November 3, 2005. Testlmony of Mr. Dixon. 41. Notice of application and notice of public hearing were maiied to surrounding property ' owners, pasted on-site, and published in accordance with the City's code requirements. Exhibit 2; Exhibit 3; Exhibit 4; Exhibit S; Exhibit 6. 42. At the public hearing, a representative from the undeveloped property to the south presented questions and concerns regarding the project. His questiflns pertained to the following: whether the proposed sewer pump station would be sized to serve off-site properties and whether latecomers' agreements would be accegted; financing for the compledon of I Street NE between 45`h and 49'h Streets NE; whether site grading would • cause alterations in existing stormwater runoff flow, resulting in created wetlands; and whether the Applicant was required to develop full or,half-street frontage improvements alang the project's I Street NE frontag'e. Testimorry of Mr: Hathaway. Both City Planning Staff and t6e Applicant responded to these concerns. Testimorry of Mr. Diacon; Testimony of Mr. Mann. 43. In the present case, tlie use of the flexible PUD design standards would result in the following public benefits that would not be provided under trad.itional subdivision of the same property; parkland dedication above that required of a subdivision; greater diversity in lot types and a more varied streetscape; relatively more affordable-housing; and apen space equal to or greater than 20% of total site area, atlowing for shoreline access and a public east-west trail that would most likely not be provided by a traditional plat. Farhibit 45; Exhibit 46, Prajected Pro,flle of the Developmentof King County Parce1000400- 0005; Testimorry ofMr. Mann: ' CONCGUSION5 Jurisdiction: Pursuantto Auburn City Code (ACC) 18.66, the Hearing Examiner has jurisdiction ta hear and make recommendations to the City Council on applications for preliminary plat and rezones to PUD: ACC 18.69.140; ACC 14:03.040(A); ACC 17:06.050. Findings, Conclusions, qnd Recaiunenilation City oj.4 uburn Hearing Framirrer Auburn 40 Rezone/PUD/Preliminqry Plax- PLT04-00091PUD04-0002 page 15 of 26 Criteria for Review: Rezone to PUD: The Hearing Examiner shall only recommend approval of a rezone to PUD designation if the record contains evidence to satisfy the foIIowing criteria established in ACC 18.69.150: 1. The rezone would be consistent with the Comprehensive Plan; 2. The rezone was initiated by a party other than the City; and 3. Modifications made to the proposal by the Hearing Examiner will not result in a more intense zone than the one requested. In addition, the Washington State Supreme Court has established general rules for rezoaes (Pqrkxidge v, Seattle, 89 Wash.2d 454 (1978), including the requirement that "the rezone must bear a substantial relationship to the public health, safety, morals, or welfare." i' Planned Unit Development: In order to recommend approval of a FUD, the Hearing Examiner must find that the record contains sufficient evidence to satisfy the following criteriapursuant to ACC 18.69.150: 1. The progosal makes adequate provisions for the public health, safety, and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary westes, parks, playgrounds, or sites for schools. 2. The pmposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan. 3. The proposal is consistent with the purpose of ACC 18.69, provides for the public benefits required of the development of PUDs by providing an improvement in the quality, character, architec#ural and site design, housing choice and/or open space protection over what would otherwise be attained through a develapment using the existing zoning and subdivision standards. 4. The proposal conforms to the general purposes of other applicable policies or plans which have been adopted by the City Council. 5. The approval of the PUD will have no more of an adverse impact upon the surrounding area th,an any other project would have if develaped using the exisring zoning standards of the zorung district the PUD is located in. " Parkridge v. Seattle (1978) also estabtished a general rule that rezones could only be spproved. if a substantial "change in circumstances" had occurred in the vicinity of the proposal. However, Washington Goiuts have subsequently held that where a pioposed rezone to PUD implements policies of the Gomprbheaisive Plaa, no showing of changed circumstances is re.quired. Bjqrnson v. Kitsap Couray, 78 Wn. App. 840, 846 (1995). Fin.dings, Conclusions; and Recommendation City of Auburn Hearing Examtner . Auburn 40 Rezone/PUD/Pretiminary P1at- PL704-00091P UD04-0002 page 16 of 26 6. The PUD must be consistent with the existing and planned character of the neighborhood, including existing zoning and comprehensive plan map designatians, and the design guidelines set forth in ACC 18.69.080(D). Prelimirrary Plat: In order to recommend approval of a preliminary plat, the Hearing Examiner must find that the record contains evidence to satisfy the following criteria pursuant to ACC 17.06.070: , 1. Adequate provisions are made for the public health, safety and generat welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, l, and sites for schools and school grounds. 2. Con.formance to the general purposes of the City of Auburn's Comprehensive Plan, to the general purpose of T"itle 17.02, and to the general ptuposes of any other applicable policies or plan which have been adopted by the City Councii. 3. Conformance to the City of Auburn's zoning ordinance and any other applicable planning or engineering standazd and specifications. 4. Potential environmeutal impacts of the proposal have been mitigated such that the proposal will not have an unacceptable adverse effect upon the quality of the environment. 5. Adequate provisions have been made so that the preliminary plat will prevent or abate public nuisances. Conclusions Based on Findings: 1. The Applicant initiated the rezone. Findirrg No. 8. 2. The Heariimg Eaaminer is not recommending any chaage or modification to the rezone request tLat will result in a more infense zone than the one reqnested by the Applicant. 3. Z'he rezone bears a substantisl relationship to the pablic health, safety, morais, or general welfare. Tfie requested rezone would result in housing densities consistent with the Comprehensive Plan Land Use designations for the sife, increasing the supply and diversity of housing stock available in_the vicinity. The PUD, as conditioned, would extend roads and utilities ta an undeveloped area at the periphery of the City. The PUD would create 7.79 acres of open space within the development including a public park adjacent to the Green River parkway and a public trail connecting I Street NE with the Green River sh4reline. Fi»dings Nos. 4, 6, 10, II, 13, 14, 15, 16, 17, 18,10, 21, 22, 34, 35, 36, and 43. 4. The rezone, PUD, and Prelimmary Plat are consistent with the City of Aubnrn Comprehensive Plan and other applicable goals and policies. The proposed rezone, PUD, and preliminary plat are consistent with the goals and policies of the City of Findings, Conclusions, and Recommendation City of Auburn Hearing Exqminer Auburn 40 Rezone/PUD/Prelimfnary Plat- PLT04-00091PUD04-0002 page 17 of l6 Auburn's Comprehensive Plan. The proposed densities of single-family residential development are consistent with the site's current Comprehensive Plan land use designations of "HighDensity Residential" and "Single Family Residential." The project would be consistent with Comprehensive Transportation Pian policies, particularly TR-13 regarding the provision of two points of access for developments with more than 75 . dwelling units, both through off-site construction of I Street NE road and throngh the provision of the boulevard with two 20-foot lanes divided by a landscaped median at the plat entrance. Proposed stormpond facilities would prflvide aesthetic amenities consistent with Policy UD-6. Findings Nos. 9, 10, 12, 21, 23, 24, 31, 32, 33, and 39. 5. With canditioas, the proposal makes adequate provisions for the pnblic health, safety, and general welfare and for open spaces, drainage ways, streets, water supplies, sanitary wastes, parks, playgrounds, or schools. The Applicant would extend public water and sewer to the project consistent with" City design standards. Conditions of appmval would ensure that the sewer pump stadon is siz.ed to provide service to the undeveloped property adjacent to the south if and when it is developed in the future and that Tract K is adequately sized to protect adjacent residential lots. On-site portions of the buffers of off-site wetlands would be protected through compliance with NIDNS conditions of approval. Stormwater would be collected, treated, and detained on- site prior to release in its natural drainage paths. Some of the treated storaiwater runoff would be discharged to the off-site wetlands to the north in a manner designed to mimic pre-development flows and the remainder would be released into the existing open channel and eventually the Green River. A condition of approval would ensure that the starmpond designs satisfy City standards. The project would provide 7.79 acres of open space, including 3.9 acres of public parklands providing active recreation opportunities for the general public in addition to plat residents. The project would provide significant off-site infrastructure unprovements in the comgletion of I Street NE between 401' and 450` Streets NE. These improvements would provide two access routes to the project from off-site areas for emergency and general traffic. The Applicant would dedicate significant right-of-way along the property frontage for I Street NE improvements. The internal plat road system would be designed and constiuct,ed consistent with City road standards. Sidewallcs on both sides of all intemal roads and the public trail provided in Tract B would provide for safe pedestrian circuladon, as well as a connection to the Green River shoreline. School children would be bussed to area schools from a bus stop located an I Street NE near the plat entrance. Impacts to City of Kent Schools would be mi#igated by the payment of fees. Firrdings Nos. 6. 14. 15. '16 17. 18. 20, 21, 22, 23, 24, 25, 26, 29, 31, 32, 34, 34, 36, and 40. 6. With conditions, the proposal provides the public benefits required of PIJD develapments and is consistent wifh the purpose of ACC 18.59. In addition to the provisions named in Conclusion 5, the PUD would'provide public benefits that would not be provided by a traditional plat including greater parkland dedication, more affordable housing, and open space equal to at least 200/a of total site area. In light of a possible reduction in Tract EE to accommodate the pump station in Track K, a condition of approval is necessary to ensure that at least 20% of the total site area is set aside as open space. While Tract DD as a stand-alone tract might not represent desirable open space Findings, Conclusions, and Recoinmerrdbtion City of'14uburn Hearing Examiner iiuburn 40 Rezone/PUD/Preliminary Plat- PL?Y14-00091PUD04-0002 page 18 of 26 due to its size and location, nothing in the record supports a conclusion that Tract DD should not be inclu.ded as contiguous open space to the public trail in Tract B. A • condition of approval would ensure that PUD design guidelines are satisfied. Findings Nos. 9, 13, IS, 35, 37, 38, and 41 The approval of the PUD would have no moce of an adverse impact on the snrrounding area than any project developed nsing tLe egisting zoning standards wonld h$ve. 1'he PUD is consistent wit6 the earisting and planned character of the neighborhood. While the PUD would allow for a slightly higher number of dwelling units than would be possible on the 6,000 square foot minimum lots required in the R-2 district with traditional subdivision of the site, the increase in impacts would be imperceptible. Surmunding prope=ties are andeveloped and have primarily residential zoning designations. Development that is consistent with the Comprehensive Plan and zoning code would not negatively impact the planned character of the immediaxe vicinity. Findings 1Vos. 3, 7, and 11. 9. As conditioned, the preliminary plat conforms to the City of Aubarn's land division and zoning ordinances and other appUcable planaing or engineering standards and speeifications. As proposed; the project is consistent with the development standards of the PUD zoning district within the underlying Comprehensive Plarf Land Use designations. Conditions of appmval would ensure that roads, utilities, open space, and stormdrainage improvements conform to applicable standards. Findings Nos. 10, 12, 20, 21, 22, 31, and 32. 10. The project was reviewed for compliance with SEPA and an NIDNS was issued. No appeals were filed and the NIDNS became final. A condition of approval would ensure compliance with all mitigating'measures required in the October 13, 2005 MDNS. Additional conditions ofapproval would ensure thatthe off-site improvements of I Street NE north to 45'h Street have no adverse impacts on off: site wetlands and that sufficient noise attenuation from the sewerpump station would be provided. Finding Mo. 40. . 11. Compliance witb ACC 8.12 would ensure that pnbIic nnisances are prevented or abated. RECONdMENDATION Based upon the precedi.ng Find'ungs of Fact and Conclusions, the Hearing Examiner recommends that the requests for rezone of approximately 38.48 acres from R2 Residential to Planned Unit Development, for approval of a Plauned Unit Development, and for preliminary plat approval for the Auburn Forty subdivision, a 236-1vt single-family re"sidential subdivision, be GRANTED, subject to the following conditions: PUD Conditions: 1. Prior to final plat approval, the Applicant shall submit a legal instrument setting forth a plan or manner of peimanent care and maintenance of open space, recreational areas, private tracts, parkland, and other communally owned faciiities. No such instrument sha11 be acceptable until approved by the City Attorney as to its legal form and effect Firrdings, Conclusivns, and Recammehdatron City of Auburn Hearing Fxaminer Auburn 40 Resone/PUD/PreliminqryPldt-PLTi74-OOU4/PUD04-0002 page 19 of26 Areas proposed to meet the twenty perceni (20%) open space shall be guaranteed by a restrictive covenant or other method, describing that the space, its maintenance, and irnprovement are appurtenaut to the land for the benefit of the residents of the pia.nned unit development and adjoining property owners. The final plat shalt grant easements to the City of Aubum in all comrnunally owned open space and park land tracts so that the City may perform maintenance in the everrt of improper maintenance by the homeowners' association. All maintenance shall adhere to City of Aubum standazds. 2. Prior to approval of construction or facility extension plans, a plan for the design and construction of traf6c calming methods on the northern, east-west street must be approved by the City Engineer. The tra.ffic calming devices shall be completed or financially guaranteed for installation priorto final plat approval. 3. The Applicant shall prepare a Fina1 Landscaping Plan that demonstrates that all landscaping in the public rights-of-way, storm diainage tracts, sight distance tracts, and open space tracts conform to City standards. The plan must demonstrate conformance with standards for accepta.ble tree types and root barriers, etc., and must also show coordination with utility and road improvements. The plan must also include maintenance and conform to the staridards in ACC 18.50.070. The Applicant shall provide root deflection devices or similar mechanisms for all trees planted within five feet of curbs, sidewalks, or pavement to ensure mature trees does not confribute Eo gavement deterioration. Care should be taken by the Applicantto account for individual lots' ingress and egress when defining the location of proposed street trees. The landscapeti median within the residential collector street shall be the responsibility of the homeowners' association and be included in the landscaping maintenance plan and the legal instrument assuring maintenance. The plan must be approved by the Planning Department prior to issuance of grading, construction or facitity extension approvals. 4. In order to meet subdivision requirements of ACC 17.12.260 and PUD requirements of ACC 18.69.080(A)(2) related to dedication of recreation land and based on the Applicant's submitted preliminary plat, the Applicant shall dedicate at least 4.18 acres of land generally in the location ideirtified as Tracts "B" &"E" on the Preliminary Plat Auburn Forty PUD, Apex Engineering, 9-16-04, revised 10-18-05 and in a configuration acceptable to the City of Auburn Parks Director. 5. Concurrent with the plat engineering/construction drawings that are typically submitted for conmction of the subdivision there shall also be submitted engineering/conslruction and landscape drawings for the construction of park improvements in the publiciy dedicated Tract "B". The park improvements sha11 be approved by the City of Auburn Pazks Director prior ta the approval of the grading plau5 or facility extension drawings for the plat. The materials supplied and installed must be shown and meet the curnent City Parks Department standards and be installed and accepted by the Parks Director prior to any final plat approval or satisfactorily guaranteed. The plans for Tract B shall be accompanied by plans for and coordinated with the construction of wetland buffer and stormwater facilities on the adjacent tracts. The trail surface will be maintained by the City and the landscaping will be maintained by the Developer and/ or homeowner's Findings, Conclusions, and Recomr►sendation City of Auburn Hearing Examirser. Auburn 40 Rezone/PUD/Preltminary Plat-PLT04-0004/PUD04-0002 page 20 of26 association. This condition shall be part of each property owner's legal description and . title. The maintenance schedule and responsibilities shall be identified in the legal instrusnent whose language shall be reviewed and approved 'by the Parks Director prior to final plat approval and recording. Also a maintenance easement shall be provided by the City to the homeawner's association at the time of the final plat 6. Concurnent with tbe plat engineering/construction drawings that are typipally submitted for construction of the subdivision there shall also be submitted engineeringJconstruction and landscape drawings for the construction of park improvements in the publicly dedicated Tract "E". The park impmvements shall be approved by the City of Aubum Parks Director prior to the approval of the grading plans or facility extension drawings = :for the plat.: The materials supplied and installed must be shown and meet the current City Parks Department standards and be installed and accepted by the Parks Director prior to any final plat approval or satisfactorily guaranteeci. Also the plan shall inciude an interior pathway connecting to the public sidewalk. The plan shall at a minimum include play equipment of notless than:9,600 sq ft including fall zone. The play structure sliall be large enough to service at least 90 children, featuring 18 to 20 glay events designed for children from the ages of 2 to 12 years ald. The park area shauld include but not limited to four (4) park benches, four (4) picnic tables and one (1) garbage receptacle. The materials will be purchased and installed by the developer. The area that will be developed and constructed will be located west (outside) of the 200-foot shoreline jurisdiction. Curb, gutter and sidewalks shall be pravided along the street of Tract E prior to final plat approval. 7. The developed park azea within Tract B and E shall be irrigated with an automatic irrigation system that meets the City/Park departinent standards. The irrigation information shall be identified in a plan ta be submitted to the City for review and approval. 8. The Applicant shall work with the City of Auburn Parks Department and witti King Counfiy Pazks and Open Space Department on locating the Green River Trail alignment on the developer's constructifln drawings so as not to place play equipment or park fiunishings in the path of the potential trail (Green River Trail) that will be constructed in the future by the county or successor agency. 9. Pedesttian/omamental street lights shall be provided along the interior streets of the plat. The style of the lights shall be consistent with city standards or an ornamental style approved by the City Engineer. The City Engineer shall review the spacing and location of the lights to ensure that adequate lighting is provided alang the surface of alI streets and any adjacent sidewalks. The lightiag standazds shall be coordinated with lighting standards provided in apen spaces.. 10. The designs of the homes shall be at least equivalent to the, illustrations in The Aubum North Fortv Homeowner's Association Architectural Guidelines for the Construction of New Homes (Extubit 53) and Polyggn and OakRidLe Homes Elevations and Floor Plans. Revisions to the CC&Rs and an architectural design plan shall be reviewed and appraved Frrrdin,gs, Conclusions, and Recommendatian City ofl4uburn Hearing Exarrrirter Auburn 40 Rezone/PUD/Prelfminary Plat- PL7'04-00091PUD04-0402 page 21 of26 by the Planning Directar prior to submittal of btanlding permits (for model homes) or finai plat, providing addirional sgecifications for the following items: • Overall coordinatian of building design in liglrt of the fact that the hoa2es could be develaped by multiple homebuilders ' • Modulation of roof and wall fagade • Opportunity to stagger ttie placement of homes on the lots to avoid continuous rows • The use of different materials an each house & consistency of siding materials on sides of the residence • Variation in facades and roof lines . Number of different building designs and dispersion af building designs • Number of parking spaces provided on each lot • Colors Idesigns for the buildings 11. Prior to appmval grading, construction, or facility extension permits, the type and . placement of landscaping shatl be approved by the Planning Director. The Final landscape design shall be generally consistent with the: Preliminarv Laadscape Plan Auburn Forty PUD. BradleyDesign Group, dated October 31, 2005 with the following ' revisions: e Avoid landscape trees in front of stornt pond maintenance accesses o Avoid removal or disturbance within the 200-foot shoreline area • Ensure that landscaping is coordinated with and identifies sight distance requirements • Ensure that Tract boundaries, i.e. Tract N, agree with the plat 12. The PUD requires that open spaces be enhauced as an amenity. The PUD will also require ornamentaUpedestrian type lighting, furniture in the open space areas, and that entrance signs and fencing will be coordinated. Lighting, furniture and signs shall be of consistent design and material throughout the project. Any signs shall be a low monument style with tighting and accenting landscaping. The signs shall generally be consistent with the plan accompanying the E-mail from Sean Martin to JeffDixon transmittio a sign detail, December 17, 2004 (Exhibit 40). The number, style, placement and landscaping to be approved by the Planning Director as part of the final lan_dscaping plan. The permanent maintenance of the Iighting fumiture and signs within any public tracts or open spaces shall be addressed as part of the instrument setting forth a plan or manner of permanent care. 13. Fencing shall be of a compatible material, style and color throughout the PUD. The Planning Director sha11 approve of a fencing plan or fencing shall be addressed as part of the required lanciscaping plan. The fence designs sha11 be at least equivalent to the photos of open rail fences accompanying the Letter from Anex fingineerin~sponse to Comnleteness Letter (environmental checklist application sumlement) dated 3-25-05. Specifically, consisteirt fence treatments shall be provided in the following locatians: • Fencing between lots and Tract B 8c E(park land tracts) Frndings, Conclusions, and Recommendatior► City of Auburn Heartng Eacaminer .4uburn 40 Reaoae/PUD/Preliminary Plat- PLT04-00091PUD04-0002 page 22 of 26 • Fencing between individuallots and Tract A and Tract F(stormwater facility tracts) . e Fencing or other separatian between lots and the open space tracts including Tract N e Fencing atong southern boundary of project site The permanent maintenance of the fencing adjacent to any public tracts or open spaces shall be addressed as part of the legal instrument setting forth a plaa or maFmer of permanent caze. 14. The Applicant has proposed that certain Lots shall be limited to alley access, i.e. no vehicle access except by the alley. The final plat shall include a requirement that Lots 65 through 108 and Lots 144 through 157 (or equivalent number of lots should the plat be modified and lots renumbered for any reason) shall be developed with the main building entrance oriented to the street and vehicle entrance from the public alley., Additionally, Lots 1 through 5, and Lots 30 through 36 and Lots 211 through 223 (of their equivalents should the plat be modified and lots renumbered for any reason) sha11 be developed with the main building entrance oriented to the residential collector street and the vehicle entrance from the local residential street. 15. The approval of the PUD is anly valid upon the approval and execution by the Aubum City Council of the associated preliminary plat, File No. PLT04-4009. 16. While Tracts A and F will be publicly dedicated for stortnwater inanagement, in order to. meet open space objectives of the PUD the tracts will require more extensive landscaping treatment and more intensive maintenance. As a result, the HOA must maintain the portions of the tracts outside the fenced pond boundary, or if no fence if provided, outside the 10-year storm water surface elevation and the public right-of-way. The maintenance sha11 be prescribed in the legal instrumeni that addresses maintenance of open space tracts. 17. Prior to issuance of grading, construction, or facility extension approvals, the Applicant shall provide construction plans and cross sections for review meeting city standards for the praposed storm water facilities located within Tracts A and F that and demonstrate coordination with landscapirig plans. Tracts A and F inay need to be modified and or enlarged fo meet the design and constntction standards to accommodate the calculated storage volummes and required aesthetics for storm ponds constructed in residential areas. 18. The Applicant has submitted an Auburn Fortv PUD Conceotual Sanitarv Sewer Lift Station Exhibit; Apex Engineering, 10-27-05, that d.emonstrates the Proposed Tract K is not sufficient to accommodate needed pump station facilities. As a result, the adjacent Tract EE will require reduction.in area. The developer should be aware of the City may require the pump station to incorporate variable speed drive (VFD) motors in the sewer pump statian since the initial flows to the pump station will be minimal. This consideration is important because the station will serve a larger area in the future and VFD motors will handle the initial lower flows better. Ttie ase of this pump type wauld limit the needed expansion of the tract. Findings, Conclusloru, and Recommendation Clty ojAuburn Hearirrg Examiner Auburn 40 RezoneJPUD/Prelimin"ary Plat- FLT114-00091PUD04-0002 page 23 of 26 19. Prior to issuance of grading permits orfacility extension approyals, the Applicant shall provide a written comparison between the placement of the, sewer force main as identified in the Auburn Fortv PUD Preliminarv Plat Conceptual Utili ~t~ Plan, Apex Engineering,10-20•OS and the placement of the force main along public righ# of way and then between Lots 41 and 42, Lot 29 and finally between Lots 9 and 10. The discussion must compare the possible lass of two lots with the Iayout of a direct force main and increased open space. The goal of the discussion is to reduce the number and severity of the force main bends as shown in the conceptual plan to reduce maintenance, realize public utility efficiencies and reduce net public operational casts consistent with PUD requirements at ACC 18.69.090(B). 20. Tracts X and Y shall be owned by the HOA and encumbered by a native growth protection easement conveyed. to the City of Aubum to meet minimum buffer requirements of the CAO, ACC 16.10 and PUD open space requirements. 21. Criven the relatively narrow frontages of the proposed single-family residential lots and the impact on pedestrians (and wheelchairs and strollers) from elevation changes due to a series of clasely spaced driveways, the local residential road crass section showri on the preliminary plat shall be revised to shaw the landscape planting strip abutting the curb on both sides of the street. 22. Prior to approval of construction drawings or facility extensians, the Applicant shall demonstrate that twenty percent (20%) of the site's buildable area is set aside as open space meeting the definition of open spact per ACC 18.69.084(A)(1) as determined by the Planning Director. 23. The maintenance responsibilify for the landscaping withia the medians would be by the HOA by licensed and bonded professional maintenance firm under a right-of-way use permiL Preliminary Plat Conditions: 1. Per section 10.03.1.4 of city Design Standards, sight distance is required to be measured at a point 14.5 feet from the travel way. The Aubum Forty PUD Preliminary Plat, Sight Distance Triangle Exhibit Sheets 1 and 2 of 2, Apex Engineering, 10-27-05 shows sight distance at intersections as being measured at 10 feet from the travel way. Th15 15 Ail acceptable departure from standards for a local residential road intersection. However, intersections 1, 6 and 7 as indicated in the sight plan drawings submitted are collector or ' arterial road 'urtersecrions and shall evaluate sight distance at 14.5 feet per the city standards. The Applicant shall resubmit a corrected sight distance analyses for review and approval by the City Engineer prior to issuance of grading, construction or facility extension approvals. As a result of the requested analysis, the plat shall tie modified to ensure that City sight distance standards are met and that all land within the property boundaries that occurs within the sight distance triangles is dedicated as right-of-way. The dedication is shall be accomplished on the Final Plat, if not comeyed in advance. This may result in minor changes to the plat design to ensure that all applicable Firrdings, Conclusions, cnrd Recommendation City offluburn Heating Ezaminer Auburn 40 Rezone/PUD/Preliminary Alat- PL704-00091PUD04-0002 page 24 of l6 requirements are satisfied. Also, per section ,10.03.1.4 of city Design Standards, the speed assumed for the sight distance analysis at intersection 1, the main plat entrance to I Street NE; as shown on the exhibit snbmitted, shall use 35 mph forthe design speed The Applicant sha11 resubmit a corrected sight distance analyses for review and approval by the City Engineer prior to issuance of grading or facility extension approvals. As a result of the requested analysis, the plat sha11 be modif ed to ensure that city sight distance standards are met and that all land within the property boundaries that is located within sight distance triangles is dedicated as right of way on the Final Plat, if not already conveyed in advance. This may result in minor changes to the plat design to ensure that all applicable rrequirements are satisfied. 2. The Applicant has proposed that the off-site extension of I StreetNE will nat result in wetland filling or impacts beyond those identified on the Port's property and addressed in the Final MDNS. Prior to approval of the grading permit or facility extensions for half street improvemeirts or off -site extension of I Streef NE, unless it is demonstrated to the satisfaction of the Plazuung:Director that the I Street NE half-street improvements will nflt result in wetland filling or iinpacfs, a final wetland mitigation plan shall be prepared - and submitted far review and appraval by the Planning Directvr and: Public Works Directors. The plan shall be approved prior to the issuance of the subsequent grading permits or other construction permits. If applicable, the plan shall identify the amount of wetland impacts associated with extension of I Street NE and any associated wetland mitigation in accordance with the AC 16.10. 3. Notice of the future extension of the project's dead end streets shall be recorded on the face of the final plat. In addition to this notice, adequate on site signage of such future traffic improvements shall be pmvided as directed by the City Engineer. 4. Prior to Final Plat approval the Applicant shall demonstrate to the sarisfaction of the City Engineer that the site's existing water well and site septic system lzave been abandoned in accordance with state and lacal regulations and a water right transfer to the City's well field will need to lie completed and filed with the Department of Ecology. 5. The project shall not at anytime disturb or encroach upon the 200-foot shoreline buffer of the Green River. 6. The plat shall implement tlle tturteen (13) Conditions ofthe Fina1 Mitigated Determination of Non-Sigriificance (FMDNS) (File Number SEP04-0037) issued October 13, 2005.. The conditions.prescribe geotechnical procedures, wetland mitigation, floodpiain compensation, azcheological and culiural resources, road improvements, traffic circulation and water line extension requirements. 7. Because tlie propossd off-site extension of I Street NE that is needed to provide access to the plat will result in additional impervious surface and storm water runoff, prior to the issuance of any grading or facility extension approvals, the Applicant shall provide plans Frndings, Conclusions, and Recommendatton City of Auburn Hearing Eacaminer Auburn 40 ReaareJPUD/Prel3mfnary Plat- PL7YI4-00091PUD04-0002 page 25 of 26 detailing off-site storm dra.inage improvements including waxer quality treatment for the required I St. NE extension. 8. Becavse the proposed frontage improvements of I Street NE will result in additional impervious surface and storm water runoff, prior to the issuance of any grading or facility extension approvals, the Applicant sha11 provide plans for review detailing drainage ' improvements for the half-street improvements along the plat froirtage. Water quantity control and water qualitytreatment for the impervious surfaces or an equivalent area or discharge shali be managed within the proposed on-site storm drainage pond facility. 9. The median at far southern end of the Plat on the collector road shall be foreshortened and designed to permit vehicle turnaround. This shall be accomplished prior to approval of any construction drawings. 10. All alleys are public and shall be identified as public on the plat. This sha11 be accomplished prior to apgroval of any construction drawings. 11. No direct residential I:ot access shall be allowed fram the proposed lots to the collector street within the plat. 12. No direct residential Lot access shall be allowed from the proposed lots to the arterial street (I Street NE). 13. Prior to approval of construction or facility extension plans, in order to avoid a sight distance/safety concern the Applicant shall restrict direct access to the street from the alley between Lots 83 and 84 by a means of traffic control acceptable to the City Engineer. , 14. In order to ensure the.accurate placement of homeslstructures in relationship to the setbacks required from praperty lines, easements, or other similar features associated with a lot, the City's Building Official may require that all applicable carners of the structure be surveyed and staked prior to the pouring of footings or foundations. 15. Prior to appmval of construction or facility extension plans, the Appliaant shall submit manufacturer specifications or a noise study for review and approval by the City Engineer that demonstrates that noise associated with the sanitary sewer pnmp station will meet state noise standards. Noise attenuation measures may be required tb achieve consistency. Decided this • day of January 2006. Driscoll 8t Hunter City of Auburn Hearing Examiners By: Theodore Paul Hunter Findings, Concluslons, arrd Recommendation City ofAuburn Hearing F.xantiner Auburn 40 RezonelPUD/Preliminmy Plcrtt- PLT714-00091PUD04-0002 page.26 of l6 EXhlbit "B° Resolution No. 3989 LEGAL DESCRIPTION THE NORTH HA.LF OF THE NORTH HALF OF THE. SOUTH HALF OF THE GEORGE E. KING DONATION LAND CLAIM NO. 40, IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE ME1tIDIAN,IN KING COI3NTY, WASHNGTON; EXCEPT THAT PORTION THEREOF LYIlVG NORTHERLY OF THE FENCE LINE AS TT ' EXISTED ON DECEMBER 17, 1979, AS DESCRIBED IN BOUNDARY LINE AGREEMENT, REC4RDED UNDER RECORDING NUMBER 7912174640; ALSO EXCEPT THAT PORTION TFEREOP CONVEYED TO KING COUNTY BY STATUTORY WARRANTY DEED RECORDED UNDBR RECORDING NUMBER 7409060426, TOGE'FHER WITH THAT PORTION OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF SAID DONATION LAND CLAIM LYING NORTEERLY OF THE BOUNDARY LINE DESCRIBED IN BOUNDARY LINE AGREEMENT RECORDED iJNDER RECORDING NUMBER 7903021118; ALSO EXCEPT THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF SAID DONATION LAND CLAIM LY1NG SOUTHERLY OF THE BOUNDARY LINE DESCRIBED INBQUNDARY LINE AGREEMENT RECORDED [JNDER RECORDING NUMBER 7903021118. I , . , s . 1 Retum Address: 20~50330~0242 Aubum City Clerk ppCiFIC N~f jI~T Oi~ , 6i.e0 City of Aubum ~s 5:38 25 West Main St. K~_ Aubum, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Rezone - Ordinance No. 6002 ql. 1,J'~i Reference Number(s) of Documents assigned or released: ❑Additional reference #'s on age of document Grantor(s) (Lasf name first, then first narime and initials) . 1, Aubum, City of Grantee: (Last name first) 1. Investco Financial Corporation Legal Description (abbreviated: i.e. lot, block, plat or section, township,, range) The north haif of the north half of the south half of the George E. King Danation Land Ciaim No. 40 in Section 31, Township 22 North, Range 5 East ~ Additional legal is on page 30 of the document Assessoes Property Tax Parcel/Account Number: 006400-0420-0004 p Assessor Tax # not yet assigned recortl bY Pacific Norft" Titfe as aocomrrrodation oniy. It tm M beoa examinad as io propereoo~oulonat as to its aeCt upo~ Ne. S r ORDINANCE N0. 6 0 0 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A REQUEST TO REZONE APPROXIMATELY 38.48 ACRES FROM SINGLE FAMILY RESIDENTIAL (R2) TO PLANNED UNIT DEVELOPMENT (PUD) AND APPROVING THE REQUEST FOR A PLANNED UNIT DEVELOPMENT WHEREAS, Application No. PUD04-0002, dated` December 16, 2004, has been submitted to the City of Aubum, Washington by Brian McCabe on behalf of lnvestco Financial Corporation requesting approval of a rezone request for approximately 38.48 acres from Single Family Residential (R2) to Planned Unit Development (PUD) and requesting approval of a Planned Unit Development in Aubum, Washington; and WHEREAS, said requests referred to above were referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to sta.ff review, the Hearing Examiner conducted a public hearing to consider said applications in the Council Chambers of the Aubum City Hall on December 7, 2005, of which the Hearing Examiner recommended approval of"the rezone to PUD and approval of the preliminary plat on January 10, 2006; and Ordinance No. 6002 February 28, 2006 Page 1 of 28 1 WHEREAS, at its regular meeting of January 17, 2006, the City Council voted to conduct a closed record hearing on the Hearing Examiner's recommendations; and WHEREAS, a closed record hearing was heid February 15, 2006, at which time the City Council considered the Hearing Examinees rec;ommendations and the maferial presented to the Hearing Ecaminer after which the Council voted ta approve Application Na PUD04-0002 with the conditions recommended by the Hearing Examiner and staff. FINDINGS OF FACT 1. The Applicant requests approvai of a rezone, a Planned Unit Development . (PUD), and a preliminaryplat to develop 'The Aubum Forty,° a 236-1ot, single-family residential subdivision. The 38.48-acre subject property is located between the Green River and the 4200-4300 block of I Sfreet NE in Aubum, Washingfon. Exhibit 1*, Staff Report page 1; Exhibits 29 and 30; Testimony of Mr. Mann; Testimony of Mr. Dixon. 2. The City ofAubum processes PUD applications in several steps. The first step requires approval of a contract rezone of the subject property from its existing zoning designation to a PUD designation. The contract rezone specifies the land use, the density, the number and types of dwelling units, the amount and types of open space; and the responsibilities of the Applicant. In the present case, the application foc preliminary plat approval has been processed simultaneously with the PUD application. If the PUD is approved, the next steps would be City approval of construction plans, installation of infrastructure by the Applicant, and then application for final plat approval. Exhibit 1, StaffReport, page 5. 3. The area surrounding the subject property was annexed to the City in 1970. Considered an "Aubum Gateway,° it has remained largely undeveloped until recent market conditions in the Puget Sound region 'Note: All exhibits referenced herein are exhibits attached #o the Hearing Examiner's Findings of Fact and Conclusions, which exhi6its are incorporated herein. Ordinance No. 6002 February 28, 2006 Page 2 of 28 e have begun to bring development to the area. Abutting the northeast portion of the subject property is a 67-acre wetlandrn-kind habitat creation area owned by the Port of Seattle and used for the purpose of compensating for unavoidable impacts from developmenf of the third runway project at SeaTac Airport. Exhibif 96, SEPA Addendum Relating to the Aubum Wetland Mifigation Project, Port of Seattle, June 2003. The Port of Seattle purchased an additional 35-acre parcel abutting the northwest comer of the subject property for the purpose of providing access to its wetland mitigation site. Other than wetland creation and access-related improvements, both of the Port's parcels will remain undeveloped. Also to the north of the subject property is the recently approved River Sand PUD, which will create 172 single-family residential lots and 115 multifamily units on approximately 40 acres north of the subject property. The River Sand property is on the south side of South 277th Street approximately 20 feet east of the undeveloped I'Street NE. right-of-way. Exhibit 1, 8taff Report, page 14; Testimon,y of Mr. Dixon. 4. An undeveloped section of I Street NE forms the westem site bounda_ry. Properties across I Street. NE have Heavy Commercial (C3) and Multi- Family Residential (R-4) zoning and land use designations. There is a childcare facility across I Street NE. The R-2 zoned property south of the site is vacant. It has Single Family Residential and High Density Residential land use designations. Immediately east of the site is a swath of vacant, unincorporated Gteen River shoreline owned by King County. Property west of the river has an R-2 zoning designation and an Open Space land use designation. Exhibit 1, Staff Report, page 2; Exhibit 9, Aeria/ Site Photograph. 5. Critical areas found-to exist on-site include the 100-year floodplain of the Green River and buffers of off-site wetlands and river shoreline. No wetlands exist on-site; however, the buffers of finro off-site Port of Seattle wetlands extend into the subject property atong the northem plat boundary. The Applicant proposes a vegetation planting plan for Tracts X, Y, and the northwestem portion of Tract B to minimize impacts of the trail on the wetland buffer. Impacts to the on- and off-site critical areas were considered in the City's environmental threshold determination. Required mitigation measures relating to critical areas include additional geotechnical study, preparation of a final wetland buffer enhancement plan, and construction of floodplain compensation in #he event that floodplain storage capacity is impacted by the project. Exhibit 20, Conceptual Wetland Buffer Mi#igation Plan, Investco; Exhibit 1, Staff Report, page10; Exhibit 7, MDNS. The Applicant's pretiminary Ordinance No. 6002 February 28, 2006 Page 3 of 28 . geotechnical study concluded the project site is suitable for the proposed development. Exhibit 19, Preliminary Geotechnical Report Aubum Forty P/at, ABPB Consulting, LLC. 6. The proposed development would create 236 .single-family residential lots and 25 tracts in three phases. Phase I would include development of the central one-third of the site, containing 88 lots, and the sanitary pump station in proposed Tract K adjacent to the southem plat boundary. Phase II would 'include the 70 lots ciosest to I 8treet NE, and Phase 111 would include the remaining 78 proposed lots closest to the Green River. The Applicant infends to request three separate final plat approvals. No phasing is proposed for infrastructure improvements; the Applicant proposes to instalt all roads and utilities prior to requesting final plat approval on any of the three phases. Exhibif 1, Sfaff Report, pages 4-5; Testimony of Mr. Dixon. 7. The subject property has had a zoning designation of Single-Family `Residential (R-2) since 1987 when the City adopted its zoning orciinance. It is developed with a single-family residence and agricultural buildings that would not be retained if the proposal were approved. Exhibit 1, Staff Report, page 2; Testimony of Mr. Dixon. Development standards of the R- , 2 district reqwire a minimum lot size of 6,000 square feet, with a minimum lot width of 60 feet. ACC 18.14.040. 8. Recent market trends have encouraged the creation of residential lots smaller than those required by the R 2 zoning district. Exhibit 1, Staff Report, page 14; Testimony of Mr. Mann. The Applicant requested a rezone from R-2 to the PUD zoning district to allow an enhanced, more flexible site design. Exhibit 29, Preliminary Plat Applicairon; Exhibit 30, Auburn Forty PUD Application Narrative. 9. PUDs are permitted on parcels of at least ten acres within all areas designated as residential by the City's Comprehensive Plan (except for areas designated as "Rural Residential"). ACC 18.69:040. Pursuant to the City Cade, "[t]he purpose of a[PUD] district is to offer enhanced flexibility to develop a site through innovative and altemative development standards. A PUD district also allows for a greater range of residenfial development scenarios, provides for intemal fransfers ofi density, and may result in more dwelling units than may be realized by using the existing development standards. In exchange for this enhanced flexibility, the City requires the PUD to result in a signficanfly higher quality development, generate more public benefit, and be a more sensitive proposal than Ordinance No. 6002 February 28, 2006 Page 4 of 28 would have been the case with the use of standard zoning or subdiVision procedures." ACC18.69.010. - 10.. The City's Comprehensive Plan Map was updated in 1995 to be consistent with the Washingfon Stafe Growth Management Acf, RCW 36.70B. The subject property has finro Comprehensive Plan Land Use designations. . The westem 5.47 acres of the site, adjacent to I Street NE, are designated High Density ;Residential, and the eastem 3101 acres, near the Green River, are designated Single Family Residential. Exhibit 1, StafiF Report, page 2. "High Density Residential" areas may be developed with up to 18 units per acre. "Single Family Residential" areas may contain up to six unifs per acre. Exhibit 1, Staff Report, pages 6, 13. 11. The subject property contains no "unbuildable areas" and therefore, under the PUD provisions, could be divided to contain up to 296 lots. The Applicant proposes 236 lots. The proposed density is 6.13 units per acre. Exhibit 1, Staff Report, page 6; Exhibit 29, Preliminary Plaf Application; Exhibit 35, Site Plan. 12. The Applicant proposes to develop only detached and zero setback lots. PUD lot size standards vary by Comprehensive Plan land use designation and by lot type. "High Density ResidentiaE" areas require a minimum lot size of 2,400 square feet for detached single-family residential uses and for zero lot line lots. "Single Family Residential" areas require minimum lots sizes of 3,600 square feet for detached lots and 2,700 square feet for zero setback lots. Exhibit 1, Staff Report, pages 6-7. All (ofs in Phase II (Lots 1-36 and 203-236) and all °alley loaded° lots in Pfiases I and III would be zero setback lots. All other lots would be detached lots. All proposed lots satisfy the minimum PUD lot size requirements. Exhibit 35, Site Plan; Testimony of Mr. Dixon; Exhibit 1, Sfaff Report, page 7. 13. The Applicant representative testified that the use of the flexible PUD development standards woufd allow the Applicant to provide more affordable housing opportunities for a broader economic range of potential buyers. The resulting mixture of diverse housing types creates a "streetscape" with aesthetic value, which according to the Applicant cannot be derived from traditional subdivision layouts. Testimony of Mr. Mann; Exhibit 32, The City of Aubum P/anned Unif Deve/opment Aubum Foriy Preliminary Plat and PUD Analysis of P/anned Unit Development (PUD) Public Benefits and Open Space Criteria. Ordinance No. 6002 February 28, 2006 Page 5 of 28 t i . 14. PUDs are required to set aside a minimum of 20% of theirfotal buildable area as open space. ACC 18.69.080. The project, at 38.48 acres, must provide a minimum of 7.69 acres in open space. The Applicant proposes to set aside 7.79 acres of open space (202% of the total site area) in the following tracfs: Publicly Owned: Tracts A& F Enhanced stormwater facilities along north plat boundary Tract B, A trail along the north plat boundary connecting I Street NE to the Green River parkway Tract E Parkland to be dedicated to the City and developed - with recreational equipment Tract X Open space/wetland buifer along north central plat boundary Tract Y Open space PrivateJy Owned by the Homeowners' Association: , 11 Tracts Proposed for general open space: Tracts G, I, J, Q, R. S, T, V, W, DD & EE Tract N Landscaped enfrance sign Tract U Enhanced open space to ensure project satisfies sight distance standarcJs Exhibit 1, Staff Report, pages 7-8; Exhibit 35, Site Plan. 15. City Planning Staff determined that Tract DD is not suitable for designation as open space due to its size and its perpendicular orientation to the adjacent trail in Tract B. Staff opined that most project residents would consider Tract DD part of the adjoining lot. Staff noted that the project would satisfy the PUD requirement for 20% open space dedication even if Tract DD were excluded from proposed open space. Exhibit 1, Staff Report, page 15; Testimony of Mr. Dixon; Exhibit 56, Memorandum from Jeff Dixon to the Hearing Examiner, regarding the City's response to the Applicant's updated exhibits, dated December 21, 2005. The Applicant contends that Tract DD's location adjacent to the trail in Tract B (regardless of its perpendicular rather than contiguous orientation), in addition to the potentiat view comdor into fhe Port of Seattle's wetland mitigation project to the north, particulady recommend the use of Tract DD as open space. Exhibit 53, Letter from Apex Engineering RE: Aubum Ordinance No. 6002 February 28, 2006 Page 6 of 28 Forty - Applicanf commenfs to City's staff reporf regarding application nos. PUD04-0001 and PLT04-0009; Testimony of Mr. Mann. 16. City Planning Staff stated that Tract U, designafed as open space to ensure sight distance standards are met, musf be dedicated to the City as right-of-wayfor I Street NE. Exhibit 1,- Staff Report, page 8. 17. The City's Park and Recreation Plan (as incorporated by the Subdivision Code) requires that for every 1,000 proposed residents, development must dedicate 6.03 acres of unimproved parkland to the City. ACC 17.12.260. The project must dedicate a minimum of 3.99 acres of land to the City for public parklands. The project would include that dedication of 4.18 acres consisting of Tracts B and E as public parklands. The Applicant proposes to install play equipmenf and trail improvements in the- 3.2-acre Tract E public park concurrent with plat development as pubtic park amenities for residents of the PUD. The existing stand of mature - trees within the Shoreline Jurisdiction in Tract . E would be retained. Exhibit 1, Staff Report, page 8; Exhibit 35, Site P/an; Exhibit 32, Revised Analysis of PUD Benefits. 18. PUDs are required to promote pedestrian circulation. The project would enhance pedestrian safefy and moVement by continuing the I Street NE sidewalk along the property's frontage, by providing sidewalks on both sides of all intemal streets, and by providing a public trail connecting I Street NE with the Green River parkway. The City Parks and Recreation Department,requested the east-west pedestrian trail (located in Tract B) to create a dedicated public aecess point to the future north-south Green . River Trail, that the City plans to develop along the river's west bank as an important recreational and transportation resource. The proposed PUD would also provide connections to the public park to be located 'in Tract E via the sidewalks along the intemal plat road adjacent.to the projecYs .east boundary. The" project is consistent with the 2005 Park and Recreation Plan and the Non-Motorized Plan. Exhibif 35, Site P/an; Exhibit 1, Staff Report, pages 19, 17;` Tesfimony of Mr. Mann; Testimony of Mr. Dixon. 19. Despite the site's long, narrow configuration, the proposal would promote pedestrian circulation because it doesn't contain excessive lengths of straight intemal sfreets, thereby controlling vehicle speed. In order to further encourage vehicle speeds consistent with pedestrian safety, the City Engineer requested that traffic-calming devices be required at the time of finaf roadway design. Exhibit 9, Staff Repoif, page 11; Testimony of Mr. Dixon: Ordinance No. 6002 Febnuary 28; 2006 Page 7 of 28 ( ~ 20. The subject property is adjacent to an undeveloped portion of I Streef NE. The Applicant proposes to provide access to the site by improving the site's I Street NE frontage to City standards for minor arterial roads. In order to do so, the Applicant must dedicate right-of-way to the City, including Tracts C and M. Exhibit 7, MDNS, page 18; Exhibit 1, Staff Report, page 8; Exhibit 35, Site P/an. The project would have 571.3 feet of frontage. Because of the proximity of existing accesses on adjacent properties, 571.3 feet of frontage is not sufficient to allow more than one access point into the project from I Street NE consistent with the City's intersection separation standards. Exhibif 35, Site P/an; Exhibit 1, Staff Report, page 19; Testimony of Mr. Dixon; Exhibit 12, Aubum Forty PUD Revised Transportation Impact Analysis, The Transpo Group; Exhibif 1, Staff Report, page 11. 21. Comprehensive Plan Policy TR-13 requires developments with more than 75 dwelling units to provide two access points. The same policy prohibits the creation of dead end roads longer than 600 #eet. Exhibit 1, Staff Report, page 19; Testimony of Mr. Dixon. Surrounded by the Green River to the east, permanently protected wetland property to the north, and undeveloped private property to the south, the subject property can only provide access along its westem border on I Sfreet NE. South of the site, I Street NE connects to public roads via 40t' Street NE. North of the site, I Street NE connects to public roads via 45~' Street. NE. Both 40t' and 45h Streets connect to Aubum Way North. The Applicant must extend off-sife improvements on 1 Streef NE to both 40th and 45t' Streets to comply with City road standards and policies requiring multiple access points. Exhibit ' - 1, Staff Report, page 19; Testimony of Mr. Dixon; Exhibit 9, Aerial 3ite Photograph. Providing north and south traffic access rbutes to the piat entrance would also have the benefit of distributing traffic more evenly through the City's street network. Exhibif 54, Memorandum from The Transpo Group Subject regarding Aubum Forty Traffic Impact Analysis Consistency. The Applicant proposes to construct I Street NE north to 45'' Street and south to 4& Street with the first phase ofi development. Exhibif 54, Memorandum. from The Transpo Group Subject regarding Aubum Forty Traffic Impact Analysis Consistency. 22. The undeveloped I Street NE right-of-way from the site north to 45th Street NE has been the subject of several recent studies done in conjunction with the Port of Seattle wetland project. The City and the 'Port of Seattle are currently engaged in negotiations regarding vacation of the right-of. way. The City anticipates that the right-of-way exchange would be concluded Ordinance Na 6002 February 28, 2006 Page 8 of 28 ~ , early in 2006. Exhibit 1, Staff Report, pages 11-12; Testimony of Mr. Dixon. 23. The primary intemal plat road connecting to i Street NE would be developed to Residential Collector standards for the length of Phase I. The residential collecfor streef would be sfubbed to the site's south boundary befinreen Phases I_ and II to provide for future c:onnectivity. Immediately east of the boundary between Phases I and 11, the primary plat road would become a local residential street throughout Phases II and I I I and would stub to the site`s south boundary in two locations, once at the boundary between Phases II and III, and once at the east end of the , project, adjacent to Tract E. Notice of the future extensions of on-site dead-end roads must be noted on the face of the final plat and posted at the road stub locations, consistenf with Comprehensive Plan Policy TR- 13. Exhibit 35, Site Plan; Exhibit 1, Staff Report, page 11; Exhibit 13, Auburn Forty- Supplemen#al Transportation lnformation, The Transpo Group. 24. Despite its limited frontage on I Street NE, the project must still provide two points of access 'intemal to the site in order to comply with Comprehensive Plan Policy TR-13. City Planning Staff testified that the purpose of the dual access requirement is to provide adequate emergency access to developments of greater than 75 lots. The Applicant proposes to develop the plat's intemal residentiaf collector access street as a boulevard with two 20-foot lanes separated by a landscaped median. The 20-foot lanes would extend east within the plat to a point within Phase III such that the widened road would serve all Iots within the PUD except for 75. Staff testified that the divided boulevard would provide finro lanes for emergency vehicle access. The City accepted the proposed divided boulevard in satisfaction of the dual access requirement. if and when the property to the south develops, three additional access points would be available. Exhibit 56, Memorandum from Jeff Dixon to the Hearing Examiner, dated .December 21, 2005; Exhibit .1, Staff Report, page 12; - Testimony of Mr. Dixon. 25. Within the westem one-third of the site, the proposed intemal road. network consists of branching 'T' intersections to the north and south from the primary residential collector entrance road. The eastem two-thirds of the site would contain looped :roadways interconnected with public 20-foot- wide alleys. All roads within the plat would be dedicated as public roadways. Seventeen lots would have access from shared private access tracts, as follows: Tract D(Lots 42-44); Tract H(Lots125-127); Tract L Ordinance No. 6002 February 28, 2006 Page 9 of 28 (Lots 134-136); Tract O(Lots 10-13); and Tract P(Lots 27-30). The private access tracts would be owned by the Homeowners' Association. Exhibit 1, Staff Report, page 8; Exhibif 35, Sife P/an. 26. The Applicant requests deviations from #our City Public Works Desiqn and Construction Standards, including the following: • A deviation from the City's local residential street standard to allow the landscape strip to intervene beiween the sidewalk and curb on both sides of the streets, rather than on only one side; o A deviation from the City's residential collector street standard to allow a landscaped boulevard section for the Residential Collector Street; • A deviation for road radii for intemal streets at seven locations; and o A deviation to allow the intersection spacing between local residential streets and alleys (treated as local residential streets) to be closer than the design standard separation of 125 feet. City Public Works Staff reviewed the deviation requests and determined they are supported and approyable; however, approval of the requesfed deviations is deferred to ensure that all required project modifications are considered. Exhibit 1, Staff Report, page 6; Testimony of Mr. Dixon. 27. The Applicant submitted a Traffic Impact Analysis (TIA), prepared by The Transpo Group. The TIA indicated that the project would generate approximately 2;328 average daily trips, including 236 weekday PM peak hour trips. Exhibit 12, Aubum Forty PUD Revised Transportation Impact Analysis, The Transpo Group, March 2005. According to the Applicant's transportation consultant, the intersection of the plan entrance and I Street NE would operate a Level Of Service (LOS) B or better during peak hours, satisfying City standards. Exhibit 54, Memorandum from The Transpo Group. 28. The anticipated project trips combined with the new fips expected to be generated by other "pipeline° projects, i.e. River Sand PUD, would degrade #raffic movements at the existing intersection of 45th Street NE and Auburn Way North to tOS E, a condition requiring mitigation. A traffic signal warrant analysis performed by the City revealed that post- development operations at the intersection would wamant signafization. A Ordinance No. 6002 February 28, 2008 Page 10 of 28 , condition of MDNS approval requires the Applicant to contribute a 25% share towards the future signalization of the intersection. No other mitigation was requested for off-site traffic impacts. Exhibit 7, MDNS, pages 5 and 19; Exhibit 1, Sfaff Report, page 12; Exhibit 12, Auburn Forty PUD Revised Transportation Impact Ana/ysis. 29. City of Kent . schools would serve fhe project. The project's impacts to schools would be mitigated by the payment of school impact fees to the . Kent School District. The,City of Aubum is authorized by ordinance to collect school impact fees on behalf of Kent. The sidewalks provided along the infemal plat streets would provide safe walking roufes for school children within the plat to a bus stop that would be located an I Street NE:. Due to the Kent School District's policy of not ,pecmitting school buses to enter subdivisions, a bus stop would be located on I Street NE. Exhibit 7, MDNS, page 6; Exhibit 1, Staff Report, page 93; Testimony of Mr. Dixon. 30. The Applicant's submittals indicate that approximately.35% of the site . would be covered by new impervious surFaces at full build out, generating new stormwater, runoff.. The Applicant commissioned a preliminary surface water report and engineering from Apex Engineering Inc. A stormpond in Tract F would collect and detain runoff from the eastem two- thirds of the plat. The runoff would be treated using water quality best management practices and released into the existing Port of Seattle wetlands north of the site via level spreaders or other means "to mimic . natural sheet flow" to and across the Port ofi Seattle property. Exhibit 94, page 1. In addition, the Applicant proposes fo install a bypass storm conveyance pipe from the south end, of the plat to the level spreaders in Tracf F to maintain the existing natural flow from the approximately 80 acres south of the subject property to the Port's existing wetlands. A second storm pond in Tract A would collect and treat runoff from new impervious surfaces in the eastem one-third ofi the project and from the I Street NE improyements. The pond in Tract A has been sized to collect and treat posf-development runoff volumes for the sub-basin before conveying it into an existing ditch system that flows north through an area of unincorporated King County and, eventually into the Green River. Exhibit 7, MDNS, pages 2-3; Exhibit 14, Letter Drainage Repvrt, Apex Engineering lnc.; Testimony of Mr. Mann. 31. The Applicant submitted plans depicting proposed stormponds that generally satisfy Ciiy stocmwater managemerrt standards. Exhibit 28, Aubum Forty PUD Pond Landscape Cross Section Exhibit, Apex Engineering, dated November 30, 2005. Minor modifications to pond Ordinance No. 6002 February 28, 2008 Page 11 of 28 designs may still be required during civil plan review. Testimony of Mr. Dixon. Comprehensive Pian Policy UD-6 promotes stormdrainage facilities that "incorporate high standards of design to enhance the , appearanee of a site, preclude the need for securiiy fencing, and senre, as an amenity." At hearing, Applicant representatives described in detail the ' manner in which the Applicant proposes to create stormponds that not only satisfy City stormwater management design standards, but also , provide an aesthetic amenity to the plat and the general public. The Applicant submitted concepfual drawings and photographs of existing stormponds to illustrate the intended aesthetic contribution that would be made by the proposed stormponds. Testimony of Mr. Hanherg; Exhibit 28, Auburn Forty PUD Pond Landscape Cross Section Exhibit, Apex Engineering; Exhibit 49, photographs of existing off-site ponds; Exhibit 59, Conceptua/ Depictions of proposed ponds; Exhibit 32, Revised Ana/ysis-of PUD Benefits. 32. Management of the stormwater runoff from the proposed development was addressed during the Cdy's environmental review of the project. Compliance with the mitigation measures imposed on the project through the City's environmental threshold determination would ensure that there would be no adverse impacts to the environmenf or surrounding properties. Exhibit 7, MDNS; Testimony of Mr. Dixon. 33. The Applicant proposes to extend City of Aubum water ta the project. To do so, the Appticant must construct on- and off-site water extension projects consistent with Compcehensive Water Plan and Design and Construction Standards. Prior to final plat approval, the Applicant must install dual connections to the water system, including one connection to the west in the vicinity of King Gounty Parcel No. 000400=01117 and another connection within the I Street NE right-of-way south to the vicinity of Parcel No. 000400-0113. Specific parameters for water iine extension were addressed in MDNS Condition 12. Exhibit 7, MDNS, page 6; Testimony of Mr. Dixon. 34. CuRently, no sewer service extends to the site. City sewer policies prioritize gravity systems as the most cost-effective means of providing sanitary sewer service; however, pressure systems are allowed when gravity systems are impractical or cost-prohibitive. The Applicant submitted information justifying the need for a pressure system. Exhibit 7, MDNS, page 6. The Applicant proposes to construct a sewer pump station in Tract K to serve the entire development. The'proposed central location of the pump station would minimize the depth of the wet wells and Ordinance No. 6002 February 28, 2006 Page .12 of 28 increase system efficiency. The sewer pump station would be sized to serve the undeveloped property sou#h of the site in addition to the proposed project. The Applicant anticipates latecomers' agreements"from other properties in the general area. The pump station would be dedicated to the City and operated as a municipal utility. Exhibit 22, Aubum Forty PUD Conceptual Sanitary Sewer liff Station Exhibit, Apex Engineering; Tesfimony of. Mr. Mann; Testimony of Mr. Dixon. 35. Final design of the pump station must be reviewed and approved by the City prior to grading or construction permit issuance. Until the final pump station design is established, it is not known how large Tract K will need to . be to contain the facility. Because the project proposes to place a sewer pump station adjacent to residential development, Tract K needs to be large enough to accommodate various screening and mitigation measures required by the MDNS. In the event that Tract K must be enlarged to accommodate the pump station, adjacent Tract EE may need to be reduced in area. Exhibit 1, Staff Report, page 8; Tesfimony of Mr. Dixon; Exhibit 7, MDNS, page 19. 36. PUDs must provide efficient public facilities, consistent with City standards that do not result in higher public operational cosfs than would be ineurred . by traditional subdivision. ACC 18.69.090(8). City Planning Staff testified that the proposed layout of the sanitary sewer force main leading from the pump station contains too many bends that would contribute to increased friction in the pipe and result in head loss, forcing the pump motors to work harder. Af the hearing, Staff requested at hearing that the locafion of sanitary sewer force main be revised within currently proposed rights-of- way to produce a more efficient system and requested that the force main rev'ision be required as a condition of approval. Exhibif 23, Aubum Forty PUD Preliminary Plat, Conceptual Utilr'ty Plan, Apex Engineering; Exhibit 9, Staff Report, page 16; Testimony ot Mr. Dixon. The Applicant representative testffied that the requested revisions can be accomplished by redesigning the path of the force main within ~the plat's north-most intemal road. Tesfimony of Mr. Mann. 37. A Homeowners' Association is proposed to ma. intain private open spaces and access tracts not dedicated to the City. The Applicant submitted a Declaration of Covenants, Conditions, and Resfrictions (CC&Rs) proposed to govem the required maintenance of private open spaces and tracts. Exhibit 30, Auburn Forty PUD Application (Narrative), undated; Exhibit 36, CCBRs. The CC&Rs, a legal instrument for permanent maintenance of community facilities, would be subject to review and approval prior to final Ordinance No. 6002 February 28, 2006 Page 13 of 28 plat approval. Exhibit 31, REVISED Aubum Forty. Preliminary P/at and PUD Conceptual Design Guidelines; Exhibit 56, Memorandum from Jeff Dixon to fhe Hearing Examiner. 38. Proposed PUDs must be consistent with required design standarcis and demonstrate design continuity of structures in order to achieve the PUD's stated purpose of "enhanced design." ACC 18.69.080. To address this requirement, the Applicant submitted proposed Homeowners' Association Archifectural G.uidelines and CC&Rs for the development. Exhibit 36; Exhibit 37; Exhibif 38; Exhibit 39. City Planning Staff stated that while these.documents present a general intent to comply with the City's design requirements, the documents primarily address the design review process by the Homeowners' Association. Staff recommended revisions to the proposed CC&Rs prior to final plat approval to address required design specifications. Exhibit 1, Staff Report, page 10; Testimony of Mr. Dixon. 39. The Applicant submitted an updated preliminary landscape plan, prepared by the Bradley Design Group, to address design features including street trees, landscaping, and signage. Exhibit 50, Preliminary Landscape Plan Auburn Forty PUD, Bradley Design Group, dafed December 7, 2005. Photographic examples of landscaping amenities similar to those praposed were submitted for illustrative purposes. Exhibit 47, Lakeland Hills PDD Landscape Amenifies. The Applicant proposes a single standing monument sign to be placed at a landscaped plat entrance in Tract N. Exhibit 1, Staff Report, page 8; Exhibit Forty, E=mail from Sean Martin to Jeff Dixon transmitfing dated December 17, 2004 transmifting sign defail. City Planning Staff noted that Tract Y is depicted on the revised plan as containing areas of lawn, which would not be consistent with the tract's intended purpose as a wetland buffer. To ensure protection of the wetfand buffer, Staff requested that Tracts X and Y be protected by a native growth protection easement. Staff also noted that the revised plan does not address site fumiture such as is depicted in the photographic examples from other PUDs that were submitted. Review and approval of a final landscape plan would be required prior to final plat approval to ensure consistency with PUD design guidelines. Exhibit 50, Preliminary Landscape P/an Aubum Forty PUD; Exhibit 56, Memorandum from Jeff Dixon to the Hearing Examiner; Exhibit 1, Staff. Report, page 10. 40. Pursuant to the State Environmental Policy Act (SEPA), RCW 43.21 C, the City of Aubum acted as lead agency for the review of environmental impacts caused by the proposed preliminary plat. The Cify issued a final Mitigated Determination of Non-Significance (MDNS) on October 13, 2005 Ordinance No. 6002 February 28, 2006 Page 14 of 28 containing 13 mitigation measures that would reduce environmental impacts of the rezone to PUD and plat development to a point of non- signficance. 1"he required mitigation measures include additional geotechnical study, wetland mitigation for the off-site wetlands, floodplain compensation (in the eyent that the project impacts floodplain storage capacity), water line exten5ion requiremenfs, traffic circulafion measures, and archeological resources measures. Exhibif 1, Staff Report, page 13; Exhibit 7, MDNS. No appeal was filed and the MDNS became final on November 3, 2005. Testimony of Mr. Dixon. 41. Notice of application and notice of public hearing were mailed to surrounding property owners, posted on-site, :and published in accordance with the City's code requirements. Exhibit 2; Exhibit 3; Exhibit 4; Exhibit 5; Exhibit 6. 42. At the pubfic hearing, a represenfative from the undeyeloped property to the south presented questions and concems regarding the project. His questions pertained to the following: whether the proposed sewer pump . station would be sized to serve off-site properties and whether latecomers' agreemen#s would be accepted; financing for the completion of I Street NE between 450 and 49h Strests NE; whether site grading would cause alterations in existing stormwater runoff flow, resulting in created wetlands; and whether the Applicanfi w.as required to develop full or half-sfreet frontage improvements along the project's I Street NE frontage. Testimony of Mr. Hathaway. Both City Planning Staff and the Applicant responded to these concerns. Testimony of Mr. Dixon; Testimony of Mr. Mann. 43. In the present case, the use of the flexible PUD design standards would result in the following public benefits that would not be provided under traditional subdivision of the. same property: parkland dedication above that required of a subdivision; greater diversity in lot types and a more varied streetscape; relatively more affordable housing; and open space equal to or greater than 20% of totaf site area, allowing for shoreline access and a public east-wesf trail that would most likely not be provided by a traditional plat. Exhibit 45; Exhibit 46, Projected Profile of the Development of King County Parce/ 000400-0005; Testimony of Mr. Mann. Ordinance No. 6002 February 28, 2006 , Page 15 of 28 CONCLUSIONS Jurisdiction• Pursuant to Aubum City Code (ACC) 18.66, the Hearing Examiner has jurisdiction fo hear and make recommendations to the City Council ' on applications for preliminary plat and rezones to PUD. ACC 18.69.140; ACC 14.03.040(A); ACC` 17.06.050. Criteria for Review: Rezone to PUD• The Hearing Examiner shall on(y recommend approval of a rezone to PUD - designation if the recocd contains evidence to satisfy the following criteria established in ACC 18.69.150: 1. The rezone would be consistent with the Comprehensive Plan; 2. The rezone was initiated by a party other than the City; and 3. Modifications made to fhe. proposal by the Hearing Examiner will not result in a more intense zone than the one requested. In addition, the Washington State Supreme Court has established general rutes for rezones (Parkridge v, Seaftle, 89 Wash.2d 454 (1978), including the requirement that °the rezone must bear a substantial relationship to the public health, safety, morals, or welfare." Planned Unit Development: In order to recommend approval of a PUD, the Hearing Examiner must find that the record contains sufficient evidence to satisfy the following criteria pursuant to ACC 18.69.150: 1. The proposal rnakes adequate provisions for the public health, safety, and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, or sites for schools. 2. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan. 3. The proposal is consistent with the purpose of ACC 18.69, provides for the public benefits required of the development of PUDs by providing an improvement in the quality, character, architectural and site tlesign, Ordinance No. 6002 February 28, 2006 Page 16 of 28 housing choice and/or open space protection over what wouid otherwise be attained through a development using the existing zoning and subdivision standards. 4. The proposal conforms to the general purposes of other applicable policies or plans which have been adopted by the City CounciL 5. The approval of the PUD will have no more of.an adyerse impact upon the surrounding area than any other project would have if developed using the existing zoning standards of the zoning district fhe PUD is locafed in. 6. The PUD must be consistent with the existing and planned character of the neighborhood, including existing zoning and comprehensive plan map designations, and the design guidelines set forth in ACC 18.69.080(D): Preliminarv Plat: In orderto recommend approval of a preliminary plat, the Hearing Examinermust find that the record contains evidence to satisfy the following criteria pursuant to ACC 17.06.070: 1. Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, sfreets, alleys, other public ways, water supplies, sanitary wastes, parks, I, and sites for schools and school grounds. 2. Confonnance to the general purposes of the City of Auburn's Comprehensive Plan, to the general purpose of Ttle 17A2, and to the general purposes of any other applicable policies or plan which have been adopted by the City Cauncil. 3. Conformance to the City of Aubum's zoning ordinance and any other applicable planning or engineering standard and specifications. 4. Potential environmental impacts of the proposal haVe been mitigated such that the proposal will not have an unacceptable adverse effect upon the quality of the envirbnment: 5. Adequate provisions have been made so that the preliminary plat will prevent or abate public nuisances. Ordinance No. 6002 February 28, 2006 Page 17 of 28 Conclusions Based on Findinus: 1. The Applicant initiated the rezone. Finding No. B. 2. The Hearing Examiner is not recommending any change or modification to the rezone request that will resuit in a more intense zone than the one requested by the Applicant 3. The rezone bears a substantial relationship to the public heatth, safety, morals, or general welfare. The requested rezone would result in housing densities consistent with the Comprehensive Plan Land Use designations for the site, increasing the supply and diversity of housing stock available in the vicinity. The PUD, as conditioned, would extend roads and utilities to an undeveloped area at the periphery of the City. The PUD would create 7.79 acres of open space,within the development including a public park adjacent to the Green River parkway and a public trail connecting I Street NE with the Green Riyer shoreline. Findings Nos. 4, 6, 10, 11, 13, 14, 15, 16, 17, 98, 20, 21, 22, 34, 35, 36, and 43. 4. The rezone, PUD, and Preliminary Plat are consistent with the City of Aubum Comprehensive Plan and other applicable goals and policies. The proposed rezone, PUD, and preliminary plat are consistent with the goals and policies of the City of Aubum's Comprehensive Plan. The , proposed densities of single-family residential development are consistenf with the site's current Comprehensive Plan land use designations of "High Density Residential° and °Single Family Residential.° The project would be consistent with Comprehensive Transportation Plan policies, particularly TR-13 regarding the provision of finro points of access for developments with more than 75 dwelling units, both through off-site ` construction of I Street NE road and through the provision of the boufevard. with two 20-foot lanes divided by a landscaped median at the plat entrance. Proposed stormpond facilities would provide aesthetic amenities consistent with Policy UD-6. Findings Nos. 9, 10, 12, 21, 23, 24, 31, 32, 33, and 39. 5. With conditions, the proposal makes adequate provisions for the public 'health, safety, and general welfare and for open spaces, drainage ways, streets, water supplies, sanifary wastes, parks, playgrounds, or schools. The Applicant would extend public water and sewer to the project consistent with City design standards. Conditions of approval would ensure that the sewer pump station is sized to, provide service to the undevetoped property adjacent to the south if and when it is Ordinance No. 6002 February 28, 2006 Page 18 of 28 developed in the future and that Tract K is adequately sized to protect adjacent residential lots. On-site portions of the buffers of off-site wetlands would be protected through compliance with MDNS conditions of approval. Stormwater would be collected, treated, and detained on-site prior to release in its natural drainage paths. Some of the treated stormwater runoff would be discharged to the off-site wetlands to the north in a manner designed to mimic pre-levelopment flows and the remainder would be. released irrto the existing open channel and eventually the Green River. A condition of approval would ensure that the stoRnpond. designs satisfy City standards. The project would provide 7.79 acres of open space, including 3:9 acres of public parklands providing active recreation opportunities for the general public in addition to plat residents. The project would provide signifcant off-site infrastructure improvements in the. completion of I Street NE between 40t' and 45t' Streets NE, These improvemenfs would provide finro access routes to the project from off-site areas for emergency and general traffic. The Applicant would dedicate significant right-of-way along the property frontage for I Street NE improvements. The intemal plat road system would be designed and . constructed consistent with City road standards. - Sidewalks on both sides of all intemal roads and the public trail provided in Traet B would provide for safe pedestrian circulation, as well as a connection to the Green River shoreline. School children would be bussed to area sehools from a bus stop located on 1 Sfteet NE near the plat entrance. Impacts to City of Kent Schools would be mitigated by the payment of fees. Findings Nos. 6. 14. 15. 16. 17. 18. 20, 21, 22, 23, 24, 25, 26, 29, 31, 32, 34, 34, 36, and 40. 6. With conditions, the proposal provides the publlc benefits required of PUD developments and is consistent with the pu.rpose of ACC 18.69. In addition to the provisions named in Condusion 5, the PUD would provide public benefits that would not be provided by a traditional plat including greater parkland dedication, more affordable housing, and open space equal to at least 20% of total site area. In light of a possible reduction in Tract EE to accommodate the pump station in Track K, a condition of approval is necessary to ensure that at least 20% of the total site area is set aside as open space. While Tract DD as a stand-alone , trac# might not represent desirable open space due to its size and location, nothing in the record. supports a conclusion that Tract DD should not be included as contiguous open space to the public trail in Tract B. A condition of approval would ensure that PUD design guidelines are satisfied. Findings Nos. 9; 93, 15, 35, 37, 38, and 43. Ordinance No. 6002 February 28, 2006 Page 19 of 28 7. The approvaf of the PUD would have no more of an adverse impact ` on the surrounding area than any project developed using the existing zoning standards would have. The PUD is consistent with the existing and planned character of the neighborhood. While the PUD would allow for a slightly higher number of dwelling units than would be possible on the 6,000 square foot minimum lots required in the R-2 - district with traditional subdivision of the site, the increase in impacts would be imperceptible. Surrounding properties are undeveloped and have primarily residential zoning designations. Development that is consistent with the Comprehensive Plan and zoning code would not negatively impact the planned character of ~ the immediate vicinity. Findings Nos. 3, 7, and 19. 9. As conditioned, the preliminary plat conforms to the City of Aubum's land division and _zoning ordinances and other applicable planning or engineering standards and specifications. As proposed, the project is consistent with the tlevelopment standards of the PUD zoning district within the underlying Comprehensive Plan Land Use designations. Conditions of approval would ensure that roads, utilities, open space, and stormdrainage improvements conform to applicable standards. Findings Nos. 10, 12, 20, 29, 22, 31, and 32. 10. The project was reviewed for compliance with SEPA and an MDNS was 'issued. No appeals were filed and the MDNS became final. A condition of approval would ensure compliance with all mitigating measures required in the October 13, 2005 MDNS: Additional conditions of approval would ensure that the off-site improvements of I Street NE north to 45t' Street have no adverse impacts on off-site wetlands and that sufficient noise attenuation from the sewer pump station would be provided. Finding No. 40. 11. Compliance with ACC 8.12 would ensure that public nuisances are prevented or abated. RECOMMENDATION Based upon the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends that the requests for rezone of approximately 38.48 acres from R2 Residential to Planned Unit Development, for approval of a Planned Unit Development, and for preliminary plat approval for the Aubum Forty subdivision, a 236-1ot single-family residential subdivision, be GRANTED, subject to the following conditions: ` Ordinance No. 6002 February 28, 2006 Page 20 of 28 ~ PUD Conditions: 1. Prior to final plat approval, the Applicant shall submit a legal instrument setting forth a plan or manner of permanent care and maintenance of open space, recreational areas, private tracts, parkland, and other communally owned facilities. No such instrument shall be aeceptable until approved by the City .Attomey as to its legal form and effect. Areas proposed to meet the finrenty percent (20%) open space shall be guaranteed by a resfrictive covenant or other method, describing that the space, its maintenance, and improvement are appurtenant to the land for the benefit of the residents of the planned unit development and adjoining property owners. The final plat sha0 grant easements to the City of . Aubum in all communally owned open space and park land tracts so that the City-may perform maintenance in the event of improper maintenance by the homeowners' association. All maintenance shall adhere to City of Aubum standards. 2. Prior to approval of construction or facility extension plans, a plan for the design and construction of traf ric calming methods on the northem, east- west street must be approved by the City Engineer. The traffic calming devices shall be completed or financially guaranteed for installatian prior to final plat approval. 3. The Applicant shall prepare a Final Landscaping Plan that demonstrates that all landscaping in the public rights-of-way, storm drainage tracts, sight disfance tracts, and open space tracts conform to City standards. The plan must demonstrate conformance with sfandards for acceptable tree types and root bamers, etc., and must also show coordinafion with utility and road improvemenfs. The plan must also include maintenance and conform to the standards in ACC 18.50.070. The Applicant shall provide root deflection devices or similar mechanisms for all trees ptanted within five feet of curbs, sidewalks, or pavement to ensure mature trees does not contribute to pavement deterioration. Care should be taken by the Appficant to account for individual lots' ingress and egress when defining the location of proposed street trees. The landscaped median within the residential collector sfreet shall be the responsibility of the 'homeowners' association and be included in the landscaping maintenance plan and the legal instrument assuring maintenance. The plan must be approved by the Planning Depa"rttment prior to issuance of grading, construction or facility extension approvals. Ordinance No. 6002 February 28, 2008 _ Page 21 of 28 4. In order to meet subdivision reguirements of ACC 17.12.260 and PUD requirements of ACC 18.69.080(A)(2) related to dedication of recreation ` land and based on the ApplicanYs submitted preliminary plat, the Applicant shall dedicate at least 4.18 acres of land generally in the location identified as Tracts "B" &"E" on the Preliminary Plat Aubum Forty PUD, Apex Engineering, 9-16-04, reVised 10-18-05 and in a configuration acceptable to the Gity of Aubum Parks Director. 5. Concurrent with the plat engineering/construction drawings that are typically submitted ,for construction of the subdivision there shall also be submitted engineering/construction and landscape drawings for the construction of park improvements in the publicly dedicated Tract °B". The park improvements shall be approved by the City of Aubum Parks Director prior to the approval of the grading plans or facilify extension drawings for the plat. The materials supplied and installed must be shown and meet the current City Parks Department standards and be installed and accepted by the Parks Director prior to any final plat approval or satisfactorily guaranteed. The plans for Tract B shail be accompanied by plans for and coordinated with the construction of weUand buffer and stormwater facilities on the adjacent tracts. The trail surface will be maintained by the City and the landscaping will be maintained by the Developer and/ or homeowner's association. This condition shall be part of each property owner's legal description and title. The maintenance schedule and responsibilities shall be identified in the legal instrument whose language shall be reviewed and approved by the Parks Director prior to final plat approval and recording. Also a maintenance easement shall be provided by the City to the hvmeowner's association at the time of the final plat. 6. Concurrent with the plat engineering/construction drawings that are typically submitted for construction of the subdivision there shall also be submitted engineering/construction and landscape drawings for the construction of park improvemenfs in the publicly dedicated Tract "E". The park improvements shall be approved by the City of Aubum Parks Director prior to the approval of the grading plans or facility extension drawings for the plat. The materials supplied and ins#alled must be shown and meet the current City Parks Department standards and be installed and accepted by the Parks Director prior to any final plat approval or satisfactorily guaranteed. .Afso the plan shall include an interior pathway connecting to the public sidewalk. The plan shall at a minimum include play equipment of not. less than 9,600 sq ft including fall zone. The play structure shall be large enough to service at Ieast 90 children, featuring 18 Ordinance No. 6002 February 28, 2006 Page 22 of 28 to 20 play events designed for children from the ages of 2 to 12 years old. The paric area should include but not limited to four (4) park benches, four (4) picnic tables and one (1) garbage receptacle. The materials will be purchased and installed by the developer. The area that will be developed and constructed will be located west (outside) of the 200-foot shoreline jurisdiction. Curb, gutter and sidewaiks shall be provided along the street of Tract E prior to final plat approvaL 7. The developed park area within Tract B and E shall be irrigated with an automatic irrigation system that meets the City/Park department standards. The imgation information shall be ideritified in a plan to be submitted to the Cityfor review and approval. 8. The Applicant shall work with the City of Aubum .Parks Department and with King Caunty Parks and Open Space Department on locating the Green River Trail alignment on the developer's construction drawings so as not to place play equipment or partc furnishings in the path of the potential traif (Green River Trail) that will be constructed in the future by the county or successar agency. 9. Pedestrian/omamenfal street lights shall be proVided along #he interior ' streets of the plat. The style ofi the lights shall be consistent with city standards or an omamental style approved by the City Engineer: The City Engineer 'shall review the spacing arid iocation of the lights to ensure that adequate lighting is provided along the surFace of all streets and any adjacent sidewalks. The lighting standards shall be coordinated with lighting standards provided in open spaces. 10. The designs of the homes shall be at least equivalent to the illustrations in The Aubum North Forty Homeowner's _ Association Architectural Guidelines for the'Constrvction of New Homes (Exhibi-t 53) and Polygon and OakRidQe Homes Elevations and Floor Plans. Revisions to the CC&Rs and an architectural design plan shall be reviewed and approved by the Planning Director prior to submittal of building permits (for model homes) or final plat, providing additional specifications for fhe following items: • Overall coordination af building design in light of the fact that the homes could be developed by multiple homebuilders • Modulation of roof and wall fagade • Opportunity to stagger the placement of homes on the lots to avoid continuous rows Ordinance No. 6002 February 28, 2006 Page 23 of 28 o The use of different materials on each hause & consistency of siding materials on sides of the residence • Variation in facades and roof lines . • Number ofi different building designs and dispersion of building designs • Number of parking spaces provided on each lot • Colors /designs for the buildings 11. Prior to approval grading, construction, or facility extension permits, the type and placement of landscaping shall be approved by the Planning Director. The Final landscape design shall be generally consistent with - the: Preliminarv Landscane Plan Aubum Fortv PUD, 'Bradley Design Group, dated October 31, 2005 with the fallowing revisions: • Avoid landscape trees in front of storm pond maintenance accesses • Avoid removal or disturbance within the 200-foot shoreline area • Ensure that landscaping is coordinated with and identifies sight distance requirements • Ensure that Tract boundaries, i.e. Tract N, agree with the plat 12. The PUD requires that open spaces be enhanced as an amenity. The PUD will also require omamentaVpedestrian type lightingT furniture in the open space areas, and that entrance signs and fencing will be coordinated. Lighting, fumiture and signs shall be of consistent design and material throughout the project. Any signs shall be a low monument style with lighting and accenting landscaping. The signs shall generally be consistent with the plan accompanying the E-maiF from Sean Martin to Jeff Dixon transmitting a sign detail, December 17, 2004 (Exhibit 40). The number, style, placement and landscaping to be approved by the Planning Director as part of the final landscaping plan. The permanent maintenance of the lighting fumiture and signs within any public tracts or open spaces shall be addressed as part of the instrument setting forth a plan or manner of permanent care. 13. Fencing shall be of a compatible material, s#yle and color throughout the PUD. The Planning Director shall approve of a fencing plan or fencing shall be addressed as part of the required.landscaping plan. The fence designs shall be at least equivalent to the photos of open rail fences accompanying the Letter __from Apex Engineerin4 resnonse to Completeness Letter (environmental checklist application suaalement) dated 3-25-05. Specifcally, consistenf fence treatments shall be provided in the following locations`. Ordinance Na 6002 February 28, 2006 Page 24 of 28 . • Fencing between lots and Tract B& E(park land tracts) • Fencing befinreen individual lots and Tract A and Tract F (stormwater facil_ity tracts) e Fencing or other separation befin+een lots and the open space tracts including Tract N • Fencing along southem boundary of project site The permanent maintenance of the fencing adjacent to any public tracts or open spaces shall be addressed as part of the legal instrument setting forth a plan or manner of permanent care. 14. The Applicant has proposed that certain Lots shall be limited to alley access, i.e. no vehicle access except by the alley., The final plat shall include a cequirement that Lots 65 through 108 and Lots 144 through 157 (or equivalent number of lots should the plat be modified and lots renumbered for any reason) shall be developed with the main building entrance oriented to the street and vehicle enfrance from the public altey. Additionally, Lots 1 through 5, and Lots 30 through 36 and Lots 211 through 223 (of their equivalents should the plat be modifed and lots renumbered for any reason) shall be developed with the main building entrance oriented to the residential collector street and the vehicle entrance from the local residential street. 15. The approval of the PUD is only valid upon the approval and execution by the Aubum City Council of the associated preliminary plat, File No. PLT04- 0009. 16. While Tracts A and F will be publicly dedicated for stormwater management, in order to meet open space objectives of the PUD the tracts will require more extensive landscaping treatment and more intensive mainfenance. As a result, the HOA must maintain the portions of the tracts outside the fenced pond boundary, or if no fence if provided, outside the 10-year storm water surface elevation and the public right-of- way. The maintenance shall be prescribed in the legal instrument that addresses maintenance of open space tracts. 17. Prior to issuance of grading, construction, or facility extension approvals, the. Applicant shall provide construction plans and cross sections for review meeting c'ity standacds for the Qroposed storm water facilities Iocated within Tracts A and i that and demonstrate coorclination with landscaping plans. Tracts A and F inay need to be modified and or enlarged to meet the design and construction standards to accommodate Ordinance No. 6002 February 28, 2006 Page 25 of 28 the cafculated storage volumes and required aesthetics for storm ponds constructed in residential areas. 18. The Applicant has submitted an Aubum Fortv PUD Conceptual Sanifary Sewer Lift Station Exhibit, Apex Engineeting, 10-27-05, that demonstrates the Proposed Tract K is not sufficient to accommodate needed pump station facilities. As a result, the adjacent Tract EE will require reduction in area. The deveioper should be aware of the City may require the pump station to incorporate variabte speetl drive (VFD) motors in the sewer pump station since the inifial flows to the pump station will be minimal. This consideration is important because the station will serve a - larger area in the future and VFD motors will handle the initial lower flows better. The use of this pump type would limit the needed expansion of the tract. 19. Prior to issuance of grading permits or facility extension approvals, the Applicant shall provide a written comparison between the placement of the sewer force main as identified in the Aubum Forty FUD Preliminary Plat. Conceptual Utility Plan, Apex Engineering, 10-20-05 and the placement of the force main along public right of way and then befinreen Lots 41 and 42, Lot 29 and finally befinreen Lots 9 and 10. The discussion must compare the possible loss of two lots with the layout of a direct force main and increased open space. The goal of the discussion is to reduce the number and severity of the fotce main bends as shown in the conceptual pian fo reduce maintenance, realize public utility efficiencies and reduce net public operational costs consistent with PUD requirements at ACC 18.69.090(B). 20. Tracts X and Y shall be owned by the HOA and encumbered by a native growth protection easement conveyed to the City of Aubum to meet minimum buffer requirements of the CAO, ACC 16.10 and PUD open space requirements. 21. Given the relatively nacrow frontages of the proposed single-family residential fots and the impact on pedestrians (and wfieelchairs and strollers) from elevation changes due to a series of closely spaced driveways, the local residential road cross section shown on the preliminary plat shall be revised to show the landscape planting strip abutting the curb on both sides of the street 22. Prior to approval of construction drawings or. facility extensions, the Applicant shall demonstrate that twenty percent (20%) of the site's Ordinance No. 6002 February 28, 2006 Page 26 of 28 buildable area is set aside as open space meeting the definition of open space per ACC 18.69.080(A)(1) as determined by the Planning Director. 23. The maintenance responsibility for the landscaping within the medians wouid be by the HOA by licensed and., bonded professional maintenance frm under a right-of-way use permit. ' NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Aaproval. The Findings of Fact, Conclusions of Law and Decision of the Hearing Examiner are adopted herein by this reference, and the request to rezone is hereby approved to rezone approximately 38.48 acres from Single Family Residential (R2) to Planned Unit Development (PUD) and the request for approval, of a Planned Unit Development is hereby approved, and as legally described in Exhibit A attached hereto, subject to the conditions as outlined above. Section 2. Severabilitv. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persans or circumstances. Section 3. Recording: Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Aubum sha11 cause this Ordinance to be recorded in the office of the King County Auditor. Ordinance No. 6002 February 28, 2006 Page 27 of 28 . • . 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 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: -_~=6.2nna PASSED: ~ - 6 2006 APPROVED: MAR - 6 2006 CI'TV OF AUBURN PETER B. LEWIS MAYOR ATTEST: . Dan Ile E. Daskam, City Clerk APP A RM: D ' I B. Heid, City Attomey Publication: Ordinance No. 6002 February 28, 2006 Page 28 of 28 . 1 r ` Exhibit "A" Ordinance No. 6002 LEGAL DESCRIPTION THE NORTH HALF OF THE 1VORTH HALF OF THE SOUTH HALF OF THE GEORGE E. K1NG DONATION LAND CLAIM NO. 40,` IN SECTION 31, TOWATSHIP 22 NORTH, RAIVGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXGEPT THAT PORTION THEREOF LYING NORTHERLY OF THE FENCE LINE AS IT ` EXISTED ON DECEMBER 17, 1979, AS DESCRIBED IN BOUNDARY LiNE AGREEMENT, RECORDED UNDER RECORDING NUMBER 7912170640; ALSO EXCBPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY STATUTORY WARRAN'TY DEED RECORDED UNDER RECORDING NUMBER 7409060426; TOGETHER WITH THAT PORTION OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF SAID DONATION LAND CLAIM LYING NORTHERLY OF THE BOUNDARY LINE DESCRIBED IN BOUNDARY LINE AGREEMENT RECORDED UNDER RECORDING NUMBER 7903021118; ALSO EXCEPT THAT PORTION OF THE, NORTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF SAID DONATION LAND CLAIM LYING SOUTHERLY OF THE BOUNDARY LINE DESCRIBED IN BOLJNDARY LINE AGREEMENT RECORDED UNDER REGORDING NLTMBER 7903021118. ; ?k CiTY OF * * WASHINGTON . ~ - _ . - . FINAL PLAT APPLICATION FAC06-0032 . FAC06-0030 (ioa% comptete) FAC06-0010 FAC06-0035 , . i SECURITY IN LlEU OF COMPLETION ~ - - ~ In lieu of the required public improvements for the Final Plat of AUBURN 40, ~ an approved security - PLAT BOND for $2,635,852.50 (150% of the estimated cosfs . of improvements) has been submitted and approved by the City Enginesr. . . CitY En9ineer tiat ! 1. The developer has provided references and demonstrated a minimum of 3 years ~ suceessful, non-defau[ted pfat development experlence in the Puget Sound region. 2. The bond/security is based on the folfowing costs: 2 Phase 1 FAC06-0010 (Partial) $2;086,566.96 m On-Site [nfrastructure, Open Space Landscaping & frriga#ion, Ha(f Stree# i ~ Improvements for `I' ST NE (fram south property line to north of 40t' ST NE) Phase 2 FACQB-O ~ 032 $226,092.50 • Canstruction of Off Site Half-Street Impravements for f ST [dE (from north property line of the plat to 45"'. ST NE including roads, storm drainage and road improvements) i Phase 3 FAC46-0435 . $98,000.00 I • Consfruction of a Sanitary Sewer Lift Station and Force Mains On-Site ' Phase 4 FAC06-0010 (Partial) $227,273.04 Tract `E' Park improvernents (ON-SITE or OFF-SITE USE) • Instaflation and cost of: o Play Structures o Irrigation and Landscaping , o Miscellaneous (Trail, Benches etc) 1 Copy: OevAEmin spedatist . 2 Copiea: PlanninQ , 1 Copy: Developer ~k CITY OF * * . ~ TB~J T ~~~1 ~T Peter B. Lewis,_Mayor . V \1 WASHINGT'ON 25 West Main Sfreet * Aubum WA 98001-4998 * www.aubumwa.gov * 253-931-3000 July 7, 2010 Mr. Tony Ching Mr. Chris Huss Apex Engineering PLLC TA 40 LLC 2601 South 36'h Suite 200 1302 Puyallup Street Tacoma, WA 98409 Sumner, WA 98390 Re: Request for Minor Amendment to Approved Preliminary Plat for of Auburn 40 (a.k.a. Monterey Park), File No.MIS10-0009 (related to PLT04-0009) Dear Mr. Ching and Mr. Huss: This letter is in response to your letter submitfed May 25, 2010 and resubmitted on June 24, 2010 as a formal request for a Plat Adjustment to the approved preliminary plat of Aubum 40 (a.k.a. Monterey Park) in accordance with ACC 17.06.100. This code section has subsequently been changed but is being processed under the original code seetion to which the project is _ vested. 17.06.100 Adjustments of an approved preliminary plat - A. Minor Adjustments. Minor adjustments may be made and approved by the planning director. Minor adjustments are those which may affect the precise dimensions of the plat but which do not affect the basic character or arrangement of the lots and streets. Such dimensional requirements shall - not vary more than 10 percerit from the original. The adjustments cannot be inconsistent with the requirements of the preliminary plat approval. The adjustments cannot cause the subdivision to be in violation of this tiffe, the zoning ordinance, any other applicable city (and use control, Chapter 58.17 RCllV, or any other appficable state law or regufation. . • B. Major Adjustments. Major adjustments are those when determined by the • • planning director, substantially change the basic design, layout, open space or other requiremenfs of the plat. When the planning director determines a change constitutes 'a major adjusfinent, a new application for a preliminary plat is required and shaU be processed as a new and separate application. (Ord. 5140 § 1, 1998; Ord. 4840 § 1, 9 996; Ord. 4296 § 2, 1988.) The Preliminary Plat for the project' of.Aubum 40 was approved by the City Council in March 6, 2006 by Resolution No. 3989: The requested changes from what was approved by the Aubum City Council through Resolution No. 3989 include the following items: . a) Setback changes - In the letter'from Joel Young'of Conner Homes (homebuilder) dated May 25, 2010 received with the original submittal, it was requested to reduce the front and rear yard setbacks fot the plat's single family and duplex houses applicable to the front- loaded and alley-loaded lots to provide greafer variation in home placement for design benefits. AjJ$LJRN* MORE THAN YOU IMAGINED Mr. Ching and Mr. Huss July 7, 2010 Page 2 TABLE 1 Proposed minimum setbacks ExiSting requlred minimum sefbacks House Garage Front to Front. to Front to Front Types Access sfructure garage Rear structure to Rear ara e Single Front loaded 15' 20' 15' 15' 20' 15' famil Single 10'/15' 10'/15'/20' . Alley-loaded 15' 15' 20' 15' famil varied varied Du lex Front-loaded 15' varied 15' varied 15'. 20' 20' 15' Du lex AI(e -loaded 10' varied 15' 15' 15' 20' 15' b) Lot boundary changes - The request is to revise the bounda(es of Lots 7-13, 203-206, and 224-236 to better accommodate the intended home layoutsldesigns,-based on the current market demand and economic conditions. All lots wi(I continue to meet the minimum area and size dimensions of the PUD zoning. c) Added lots - Three added lots total. Lots 237 and 238 were previousiy shown on the city- approved civil plans to be added within the centcal portion of the plat. To accommodate , these added lots, the adjacent north-south alley was shifted west, Lots 83 and 90 were . reduced in width by 5 feet, and Lots 65 and 108 were reduced .in width by 3 feet. Also Lot 239 is being requested to be added as an additional lot'to make an even number of lots in the row of lots 224 = 236 to accommodate a proposed duplex on adjacent lots 236/239: The density allowed by tFie PUO zoning would allow up to 296 lots. d) Added tracts - One added tcact. Tract CC will be a private Tract and was added to incorporate monument signage on what was previously a comer of Tract A to be publicly dedicated for storm pond and open space. , e) Change in number of divisions of the plat - The original preliminary plat approval showed three divisions of the plat; east, central and west. The applicant intends to pursue final platting with a single phase. • fl -Change to preliminary plat condition No. 6 related to Tract E, 3.25 acres of park • dedication and improvements - Change preliminary plat condition No. 6, Resolution No. 3989 to provide flexibility in accomplishing park improvements afterfinal plat approVal. g) Change to preliminary plat conditlon No.1 related to sight distances triangles overlapping minor portion of lots - Change,preliminary plat condition No. 1, Resolution No. 3989 to allow minor encroachment5 of sight disfance triangles to be protected by easement rather than being made right-of-way. You have specifically requested a minor adjustment. An analysis of the minor adjustment request in light of the above code provision is detailed below. Analvsis of the requested chansaes for the Minot Adiustrnent Minor adjustments are those which may affect the precise dimensions of the plat but which do not affect the basic characfer or arrangemenf of the tots and streefs. Such dimensionaf requirements shall not vary more than 10 percent from the original. , Mr. Ching and Mr. Huss July 7; 2010 Page 3 a) Setback changes - The requested change in setbacks would result in additional flexibility in the placement of homes on the lots within the plat and thus allow greater variety in the setbacks along the plat streets; a design benefit. However, city review identfied two operational concerns. One that the requested 15-foot front yard setback coutd 'result in vehicles parked outside the garage overhanging the public sidewalk and two, that reduced rear yard setback for alley-loaded lots could resuff in'insufficient parallel parking areas adjacent to the alley and thus unintended parking impacts to the alleys. Anal sis Based on updated information provided by the applicant, it appears that the set back - distance of 15 feet from the garage to the alley would allow parallel parfcing in the driveway and would be acceptabfe to the city. Note that this design must include a paved area width of no less than 22 feet to faciiitate parallel parking of a standard-sized . vehicle. Based on updated i,nformation provided by the appficant as well as research by the city on average passenger vehicle [engths, it appears that a distance for property fronts.of 17 feet from the garage to the front property line (the nearest pos§ible part ofithe sidewalk) wou(d be acceptable to the city. The Public Worlcs Department supports the change from 20 foot front yard to 17 foot fronf yard setback. Table 2 Authorized minimum setbacks Existing required minimum b thls Ad ustment - MIS10-0009 setbacks House Garage . Front to Front to Rear FFrontto Front to Rear T es Access structure ara e_ ructure ara e Single Front-loaded 15' 20' 15' 15' 20' 15' famil Single 1(Y/15' 10715720' 1~' 20' 15' famil Alley-loaded varied varied 15' * Du lex Front-loaded 15' varied 17' varied 15' 20' 20' 15' Duplex Alley-loaded 10' varied 171 15, * 15' 20' 15' *With minimum pavement width (perpendicular to the alley/street) of 22 feet With modification herein, the proposed adjustment of the setbacks wiU not be inconsistent with fhe requirements of the preliminary plat approvaL The adjustments will not cause the subdivision to be in violation of this title, the zoning ordinance, any other applicable city land use control, Chapter 58.17 RCW; or any other applicable state Iaw or regulation. b) Lot boundary changes - The request is to revise the boundaries of Lots 7-13, 203-206, and 224236 to better accommodate the intended tiome layouts/designs based on the current market demand and economic conditions. All lots wilf continue to meet the minimum area and size dimensions of the PUD zoning. . Mr. Ching and Mr. Huss . July 7, 2010 , Page 4 Analvsis The changes to the lots will alter the precise dimensions and shape; the lots will_ - continue to be oriented to the same street. The lots will also continue to meet the minimum width, lot depth, minimum lot frontage, a_nd lot area. The changes to preliminary plat to adjust lot boundaries will resutt in the need to modify the previously- approved civil plans and may require pFiysical modification of driveways, fighting standards, sfreet trees, and water and sewer connections wifhin the plat. The city has reviewed conceptual plans for these changes. The city also belieVes fhat existing financial security required prior to final plat is sufficient to guarantee these clianges. The proposed adjustment of the lot boundaries will not be inconsistent with the requirements of the preliminary plat approval. The adjustments w(ill not cause the subdivision to be in violation of this title, the zoning ardinance, any other applicable city land use control, Chapter 58.17 RCW, or any other applicable state law or regulation. c) Added lots - Three added lots total. Lots 237 and 238 were previously shown on the city- approved civil plans to be added within the central portion of the plat. To accommodate these added lots, the adjacent north-south alley was shifted west, Lots 83 and 90 were reduced in width by 5 feet, and Lots 65 and 108 were reduced in width by 3 feet. .Also Lot 239 is being requested to be added as an additional lot to make an even number of lots in the row of Jots 224 - 236 to accommodate a propased duplex on adjacent lots 236/239. The density allowed by the PUD zoning would allow up to 296 lo#s. Analvsis The addition of three lots does not exceed the density allowed by the PUD zoning would allow up to 296 lots. The plaf continues to meet the park land dedication sfanclards with the addition of the lots. The changes to preliminary plat to add lots will resulf in the need to modify the prev'rously-approved civil plans and may require physical modification of driveways, lighting standards, street trees, and water and sewer connections within the plat. The city has reviewed conceptual plans for these changes. The city also believes ' that existing financial security required prior to final plat is sufficient fo guarantee these changed changes. The proposed adjustment of the preliminary plat to add three fots will not be inconsistent with the requirements of the pretiminary plat approvat. Tfie adjustments will not cause the subdivision to be in violation of this title, the zoning ordinance, any otherapplicable city land use control, Chapter 58.17 RCW, or any other applicable state law or regulation. d) Added tracts - One added trac,~t: Tract CC will be a private Tract and was added fo incorporate monument signage on what was previously.a comer of Traat A proposed fo be publicly dedicated for storm pond and open space. , Analvsis The proposal to adjust the preliminary plat to change a portion (3,167 square feet) of the ; public sformwater and open space tract (Trad A) to a new private (homeowner association-owned tract) (fract CC) will faalitate applicant's placement of entry feature , and sign. The entry features wifl not adversely affect sight distance near the intersection Mr. Ching and Mr. Huss July 7., 2010 . Page 5 or the storm drainage facilities already constructed. The area was already required to be maintained by the homeowner association. The proposed additional of a tract will maintain consistency with the requirements of the preliminary plat approval. The adjustments will not cause the subdivision to be in viola6on of this title, the zoning ordinance, any other applicable city land use control, Chapter 58:17 RCW, or any other applicable state law or regulation. e) Changv in number of divisions of the plat - The original preliminary plat approval showed three divisions of the plat; an east, central and west division. The appticant intends to pursue final platting with a single phase. Analvsis The applicant is pursuing final platting in a single phase. Pursuing final platting,in a single phase is consistent with how the applicant pursued the city approval of civil plans. This avoids the complexity of assuring that each phase of the project is independent and does not rely on subsequent phases. The proposed finai platting in a single phase wiU not be inconsistent with the requirements of the preliminary plat approval. The adjustments will not cause the subdivision to be in violation of this title, the zoning ordinance, any other applicable city land use control, Chaptet 58.17 RCW, or any other applicable state law or regulation. ' fl Change to preliminary p[at condition No. 6 related to Tract E, 3.25 acres of park dedication and tmprovements - Change preliminary plat condition No. 6, Resolution No. 3989 to provide flexibil'ity in accomplishing park improvements afterflnal plat approval. Analysis Since the time of the approval of the preliminary plat, the Applicant and the City have become aware that the King Courrty Flood Contro{ District (Administered by the King County River and Floodplain Management Section) has identified a future Reddington • . Levee Set6ack Project which is currently under modeling, design and development. • Based on preliminary conceptual information. from King County River and Floodplain Management Section, this fufure permanent levee could occupy nearly all of Tract E (one of the two tracts for public park dedication).. After final plat approval the City will own Tract E. Due to the uncer#ainiy about whether King County will, need to acquire all or portion of Tract E for this permanent levee setback project after final plat approval, , the implementation of park improvements within Tract E will be delayed and the prelirninary plat condition revised to allow the City to use financial security as in-lieu fee for other park improvements benefitting #he plat and vicin"ity: Proposed revision of PreliminarY Plat Condition No. 6 for purposes of the Final Plat 6. Concurrent with fhe plat engineering/consfruction drawings that are typica!!y submitted for construction of the suDdivision there shall also be submitted engineering /constrrrction and landscape drawings for the construction of park improvements in the publicallydedicated Tract "E". The park improvements shall be approved by the City of Aubum Parks Direcfor prior to ' Mr. Ching and Mr. Huss July 7, 2010 • Page 6 . approval of the grading plans or facility extension drawings for the plat. Ths maferials supplied and insfalled must be shown and meet fhe current city Parks.Department stanrlards and be installed and accepted bythe Parks Director prior to any final p/at apprnval or satisfactorily guaranteed. A/so, the plan shall include an interior pathway connecting to the publicsidewalk. The plan sha0 at a minimum include play equipmenf of not less than 9,600 sq ff including fall zone. The play structure shail large enough to servlce at least 90 chi7dren, featuring 18 to 20 play events designed for children from the ages of 2 to 12 years o/d. The park shouid include but is notlimited fo four (4) parkbenches, four (4) picnic tab/es and one (9) garbage receptac/e. The materials will 6e purchased and installed by the developer. The area thaf ►nrr7! be developed and constructed wi!l be located west (outside) of the 200-foot shoraline juriscliction. Curb, gutter, and sidewalks shall be provided along the streetof Tract E prior to fina/ plat approval. Dus to King County River and Floodplain Management Section's future Reddington Levee Setback Project, which is currently under modeling, design and development and fhe uncertainty about fhe potential use of all or portion of Tract E(public park dedicatian) for this permanent levee setback project, the imp/ementation of park improvements w+thin Tract E will be delayed untii after frnal plat. Prior #o final piat approval the applicant will amend the financial security helcl by the City, or suitab/e alfemative mechanism to the City, such that King County's acquisition of Tracf E wrll be evaluated one year after ftnal plat approval, wifh possibility for extension, to determine if Tract E will be conveyed to King County. If portion of Tract E will be conveyed to King County, the financial securrty can ba used for the redesign and improvement of the remaining City-owned portion of Tract E. Also, fhe financial security must provide that if some or all of the value secured is not used for redesign and improvement of the remaining City-owned portion of Tracf E, the value of ths security can altemativety be used by the City to: A) design and improve an off-site and edjacent parcel area that is newly acquired for the purpose of replacing all or part of Tract E and providing city-owned public park land; or B) be used by the City as a fee-in-lieu for the design and improvement of sn existing or future park that is or will be intenconnected via public sidewalks and/or trail corridors to the P/at of Aubum 40. !f only a portion of Tract E is conveyed to King CountyRiver and Floodplain . . Managemenf Section or. successor agency, the remaining portion of Tract E nof owned or rnaintained by King County River and FloodpJain Management Section shall be . maintained by the Homeowner's Association (HOA). This HOA maintenance requirement will be established in the Open Space and Right-of-way Maintenance ' Agreement. ° Analvsis The proposal to adjust the preliminary plat to change Condition No. 6 to defer completion of the park improvements within Tract E after f nal plat and #o provide flexibility such that the value of rerriaining improvement value will be used by the city parks department at a future location that could benefit the piat and the vicinity. This is y at final similar to an in-lieu of fee for parks as has been done•for othec plats in the cit plat. King County will have to acquire the property from the city in. the future (after final plat) if needed forthe permanent levee project. The revision ofthe condition is . consistent with the purpose and intent of the original condition and is based on Mr.. Ching and Mr: Huss July 7, 2010 . . Page 7 consultation with the applicant. The change is to recognize circumstances that are beyond the city's and applicant's control and to address the current uncertainty. The proposed revision of the condifion related to parks impravements will consistent , with the requirements of the prelimina.ry plat approval. The adjustments wiU not. cause the subdivision to be in violation of this titte, the zoning ordinance, any o#her applicable city land use control, Chapter 58.17 RCW, or any other applicable state law or regulation. g) Change to preliminary plat condltion No.1 retated to sight distances triangles overlapping rninor portion of lots - Change preliminary plat condition No. 1 Resolution No. 3989 to allow minor encroachments of sight distance triangles to be protected by easement rather than being made right-of-way. Anal sis The proposal to adjust the preliminary plat fo change Preliminary plat Condition Na 1 of Resalution No. 3989 will allow protection of the sight distance triangle to be accomplished by a different rriechanism than prescribed in the condition. Specifically, the applicant has requested an easement be allowed rather than be made right-of-way (part of the street) where there are minor encroachments of the sight distance triangles within individual lots. The applicant has identified three locations where sighf distance triangles affect six fofs; Lots 31, 32, 117; 118, 236 and 239. The easement can meet the same objective for proteation of the sight distance triangles. The proposed revision of the condition related to sight distance wi(I consisterrt with the requirements of the preliminary plat approval. The adjustments will not cause the subdivision to be in violation of this title, the zoning ordinance, any other applicable city land use control, Chapter 58.17 RCW, or any other applicable state law or regulation. Conclusion • The decision to approve the proposed •Minor Adjustmerrt is subject to the following conditions: . • 1. The request for reduction in setbacks is modified by this approval as shown in Table 2 above. 2. The applicant shali modify the previously-approved civil plans to indicate utility services and sfreet access for each lot in conformance with the City's Design Standards. Upon approval ofi the modified p(ans by the Cify, tfie applicant shall construct and/or reconstruct the iden tif'ied utility services and sfreet access for each lof in conformance with the City's Construction Standards and the approved plans. The perFormance guarantee for completing the required design modifications and constructioNreconstruction work shall be covered by the existing terms of the financial sewrity for the final plat. 3. The city must review and approve the language of the final plat easements and the associated plat drawings prior to final plat approval. The easements are for the purpose of ensuring sight distance. Mr. Ching and Mr. Huss July 7, 2010 Pag6 8 This letter constitutes an official administrative decision of the Planning Director in accordance . with ACC Section 18.69.190. Should you disagree with this administrative decision, the decision may be appealed fo the Hearing Examiner as prescribetl in ACC Secction 18.70.050 (enclosed) within 14 days of the mailing of this decision, or February 14, 2008. If you have any further questions please feel free to contact Jeff Dixon at 253-804-5033 or by e- mail at jdixan@aubumwa.gov Sincerely, Kevin Snyder, AICP Director . Planning and Development Department KS:JBD/r coRR1aza2 cc: Dennis Selle, COA City Engineer . Monty Bakken, COA Development Engineer Tim Carlaw, COA Storm Drainage Engineer Bob EIwe11, COA Sanitary Sewer Engineer Joe.Welsh, COA Transportation Ptanner . Daryl Faber; COA Parks Arts and Recreation Director JefFStottlemyre, Fre Marshall; VRFA: - Files PLT04-0009, PLT09-0008 and"MIS10-0009