Loading...
HomeMy WebLinkAboutHE Decision PLT19-0007 11.20.19PQ 4 6 7 8 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN Phil Olbrechts, Hearing Examiner RE: River Glen Preliminary Plat Preliminary Plat FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL DECISION File Nos. PLT19-0007 OVERVIEW The Applicant requests approval of a preliminary plat for a 12 -lot single-family residential subdivision of a 1.73 -acre parcel located at 1907 2nd Street Southeast. The plat is approved subject to conditions. ORAL TESTIMONY Note: This hearing summary is provided as a courtesy to those who would benefit from a general overview of hearing testimony. The summary is not required or necessary to the decision issued by the Hearing Examiner. No assurances are made as to completeness or accuracy. Nothing in this summary should be construed as a finding or legal conclusion made by the Examiner or an indication of what the Examiner found significant to his decision. Findings of Fact and Conclusions of Law are issued in separate sections of this decision. Dustin Lawrence, City of Auburn Senior Planner, summarized the staff report. He confirmed that Ex. 12 contained five additional staff recommended conditions to the project. In response to Examiner questions, Mr. Lawrence confirmed that the project area is within an aquifer protection area but that area encompasses the entire city. Best management practices for protection of the aquifer protection area will be imposed as part of the engineering review process. The Geotech report recommendations will be required to be implemented as part of the approval process for final stormwater design. Mr. Lawrence also confirmed that public works had reviewed the Geotech report and concluded that the issue of separation between the proposed drywells and groundwater for individual lots could be adequately addressed during engineering review of the plat. The City also has adequate standards to ensure that adequate monumenting is implemented during final plat review. Trip generation for the project did not trigger the need for a level of service analysis because, according to James Webb, City Traffic engineer, the threshold for such a report is 30 peak hour trips and the project only generated 12 peak hour trips. Mr. Webb had reviewed the project and found that it would not create any significant Preliminary Plat P. 1 Findings, Conclusions and Decision 2 9 rel 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 impacts to surrounding traffic congestion. Frontage improvements will widen the street in front of the project with a taper. Existing streets are only 20 feet wide. The required frontage will be held to the adopted 28 -foot standard. The travel lane width will actually remain about the same because the extra width will be used to accommodate on -street parking. The 20 -foot wide streets of the surrounding streets are generally consistent with City travel lane width standards. Robert Nehring, Applicant, noted that the Applicant supports the staff recommendation. The Applicant will be installing a water quality control device approved by the Washington State Department of Ecology that will protect water quality. The Geotech report did find that there was sufficient space to implement the proposed infiltration facilities. In response to examiner questions Mr. Nehring acknowledged that the boring upon which that conclusion was reached was only dug in one location, but the groundwater level should be consistent throughout the entire project site given the type of soils present. Neighboring properties will benefit by the proposed 600 -foot sewer extension, since they will be able to connect to that main upon paying their proportionate share. His understanding is that some of the neighbors who are on septic have needed to connect to sewer but couldn't afford to do so on their own. Mr. Nehring confirmed that the Applicant would be doing a latecomer's agreement for the sewer. Mr. Nehring noted that one issue he did have with the recommended conditions was the restriction on use of the stormwater tract for recreational use. The Applicant intends on minimizing the size of the stormwater facility so that part of the tract can be used for recreation. He's hoping to work out something with staff to perhaps divide the tract into two so that one of the tracts can be used for recreation. Mr. Nehring confirmed that the Applicant isn't required to provide the recreational space but would like to do so. Driveway orientation will be ironed out during construction when the size of the homes can be ascertained. Dawnelle Knott, neighbor, stated she had not received a response to her letter ahead of time. She wanted to know if she would have the option to connect to the extended sewer main without the added expense of another pump station. She also wanted to know if curb, gutter and sidewalk improvements would be limited to the road frontage side of the project. She wanted to know if the homes would be mobile or stick built homes. In staff rebuttal, Jeff Dixon, City of Auburn principal planner, noted that the service area and costs for the sewer latecomer's agreement will be determined after holding another public hearing after approval of the preliminary plat. James Webb, City traffic engineer, noted that the curb, gutter sidewalk would only be on the project frontage. Mr. Lawrence stated mobile homes are not allowed by City regulations at the project site. Preliminary Plat p. 2 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9'' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Nehring noted that the sewer lines would be dug very deep to serve as large an area as possible and that a latecomer agreement would have a term of 20 years. The homes will be stick -built. EXHIBITS The 10 exhibits identified at page 18 of the November 20, 2019 staff report were admitted into the record during the November 20, 2019 public hearing. The following exhibits were admitted during the hearing: Exhibit 11: Staff power point. Exhibit 12: 11/13/19 letter to Lawrence from Nehring FINDINGS OF FACT Procedural: 1. Applicant, Robert Nehring, MNM LLC, 10515 20th St SE 9125, Lake Stevens, WA 98258. 2. Hearing. A hearing was held on the application on November 20, 2019 at 5:30 pin at Auburn City Hall, Council Chambers. Substantive: 3. Site/Proposal Description. The Applicant requests approval of a preliminary plat for a 12 -lot single-family residential subdivision of a 1.73 -acre parcel located at 1907 2nd Street Southeast. The proposed lots range in size from approximately 4,301 sq. ft. to 4,790 sq. ft. Roadways to be constructed include the on- site approximately 185 -foot extension of U Street SE that will terminate in a cul-de-sac with two private access tracts stemming off of it. Utility lines will be extended within the on-site public street and private access/utility tracts to serve the lots. One, 7,366 square foot infiltration pond tract is proposed to manage the on-site stormwater. 4. Characteristics of the Area. The subdivision is surrounded by property zoned and developed for R-7 single-family use. 5. Adverse Impacts. As conditioned, there are no significant adverse impacts associated with the proposal. A Determination of Non -Significance (DNS) was issued under City File No. SEP 19-0022 on August 22, 2019, see Exhibit 4. Pertinent impacts are addressed as follows: Preliminary Plat p. 3 Findings, Conclusions and Decision 2 11 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Critical Areas. The proposal will not significantly affect aquifer recharge areas. There are no critical areas on-site except for an aquifer recharge area, which is located over the entire City. As testified by staff, the aquifer recharge area will be adequately protected by best management practices, which are required as part of engineering review. B. Drainage. The proposal will not create any adverse stormwater impacts because the Applicant has proposed a preliminary design that staff have determined is consistent with the City's stormwater standards. Through the civil plan review process, the stormwater runoff from the Project will be evaluated, treated, and detained in individual dry wells and a stormwater facility located in Tract A, consistent with City's stormwater management standards. 6. Adequacy of Infrastructure and Public Services. The proposal will be served by adequate and appropriate public infrastructure. Stormwater facilities have already been addressed in Finding of Fact No. 5 above. The preliminary design's conformance to the City's public work standards, as has been verified by the City's public work's staff, assures adequate of infrastructure. Final design for streets, sidewalks, storm drainage facilities, and sewer mains will be required to meet the City's Design Standards during engineering review and shall be required to meet and implement those standards prior to final plat approval. These facilities will be reviewed as part of the facility extension, grading, and civil plans to be submitted by the Applicant. The following more specifically addresses infrastructure and services; A. Water. The site is located within the City of Auburn water service area and as such, the project will be required to extend water service onto the site to serve the future lots as well as stub the water line to the western boundary of the site, for possible future extensions to the west. B. Sewer. The Site is located within the City of Auburn sewer service area and will be required to extend sewer service from the intersection of V Street SE and. 3rd Ct SE to 2nd Street SE and into the project in order to serve the future single-family residences. The sewer will also be required to be extended to the western boundary of the site, for possible future extensions to the west. C. Transportation. As mitigated the proposal provides for adequate and appropriate on and off-site transportation facilities. The Project will be required to construct streets per ACC, Chapter 12.64A ACC `Required Public Improvements', the City's Engineering Design Standards, and the Comprehensive Transportation Plan. With the creation of U Street Southeast into the site and the completion of the half street improvements along 2nd Street Southeast, the City's Transportation Division finds that there will be no decrease in the road network level of service (LOS) standard. Additionally, each new residence will be required to pay a traffic impact fee in place at time Preliminary Plat p. 4 Findings, Conclusions and Decision 2 3 L] 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of building permit issuance. Two private access roads (within Tracts B & C) will be constructed off of the northern end of the cul-de-sac. Tract B will provide access for Lots 5 & 6; Tract C will provide access to Lots 9 & 10. Details of the road improvements, which are consistent or will be required to be consistent with the City of Auburn Design Standards, are shown on the Preliminary Plat and Civil Plans (Exhibit 6). Based on the City's Comprehensive Transportation Plan, Functional Roadway Classification Map, all public roadways that require improvements are classified as "Local Residential" streets. Written comment expressed concern over roadway width in the vicinity of the project area. The City's transportation engineer testified that the roads that serve the project have 20 -foot wide travel lanes, which is consistent with current city roadway standards. There was nothing in the record to suggest that there was anything unique about the project area that rendered the City's width standard inadequate. D. Schools. Adequate and appropriate provisions are made for schools and walking conditions to and from school. The Site is located within the Auburn School District boundary. Per the Applicant, students residing within the project will attend: 1) Lake View Elementary; 2) Cascade Middle School, and 3) Auburn High School. High School students will have the ability to walls to Auburn High School via a new sidewalk abutting the side on the north side of 2nd Street SE. The sidewalk will continue transition to a graveled shoulder along the north side of 2nd Street SE to the west. At the intersection of T Street SE and 2nd Street SE, the walking path will then be via an existing gravel shoulder along the east side of T Street SE. At the intersection of E Main St and T St SE, the walking path will be made up of an existing sidewalk along the north side of E Main St, in which students will be able to walls west until they reach Auburn High School. Elementary and Middle School Students will be bussed from a bus stop located near the intersection of 2nd Street Southeast and T Street Southeast to their respective schools. Students will have the ability to walk to the proposed bus stop via sidewalk constructed along the north half of 2nd. Street Southeast abutting the project site. For additional school transportation details, see Exhibit 10. E. Parks and Open Space. Adequate and appropriate provision are made for parks and open space as the proposal complies with all applicable requirements. No parks or playgrounds are proposed for the Project and none are required by city regulations. Park Impact Fees will be paid at the time of building permit issuance (currently $3,500.00 per unit). The Fenster Nature Park is located 0.18 Preliminary Plat p. 5 Findings, Conclusions and Decision 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 miles to the southeast of the Project. Fenster Nature Park provides open space, gravel trails, and access to the Green River. F. Police and Fire Protection. Police and Fire services will serve the proposed development and will be provided by the Valley Regional Fire Authority and the City of Auburn Police Department. Fire impact fees imposed during building permit review mitigate demand placed on fire services and facilities. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. ACC 17.10.050 grants the Hearing Examiner with the authority to review and make a final decision on preliminary plat applications. Substantive: 2. Zoning and Comprehensive Plan Designation. The site is zoned R - Residential and its Comprehensive Plan map designation is Single -Family Residential. 3. Review Criteria and Application/Deviations Approved. ACC 17.06.070 governs the criteria for preliminary plat approval. Relevant criteria for the preliminary plat application are quoted below with corresponding conclusions of law. Preliminary Plat Standards: ACC 17.07.070(A): Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and school grounds. 4. As identified in Finding of Fact No. 5 and 6, the proposal as mitigated and conditioned is adequately served by all public services and utilities required in the criterion above. As further determined in Finding of Fact No. 5, there are no adverse impacts associated with the proposal. Given the absence of any adverse impacts in conjunction with adequate public facilities, it is concluded that adequate provision is made for the public health, safety and welfare. ACC 17.07.070(13): Conformance of the proposed subdivision to the general purposes of the Comprehensive Plan. 5. The proposal is consistent with the Comprehensive Plan for the reasons identified in Pages 10-12 of the staff report. Preliminary Plat p. 6 Findings, Conclusions and Decision M rol 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ACC 17.07.070(C): Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans that have been adopted by the City Council. 6. Staff have determined that the proposal is consistent with the policies of the Comprehensive Plan including the City of Auburn Capital Facilities Plan, Comprehensive Transportation Plan, and the Parks, Recreation and Open Space Plan. There is no reasonable basis for concluding to the contrary and the proposal is found to conform to applicable City policies. ACC 17.07.070(D): Conformance of the proposed subdivision to the general purposes of the Land Division Ordinance cis enumerated in ACC Section 17.02.030. ACC 17.02.030: The purpose of this title is to regulate the division of land lying within the corporate limits of the city, and to promote the public health, safety and general welfare and prevent or abate public nuisances in accordance with standards established by the state and the city, and to: A. Prevent the overcrowding of land; B. Lessen congestion and promote safe and convenient travel by the public on streets and highways; C. Promote the effective use of land; D. Provide for adequate light and air; E. Facilitate adequate provision for water, sewerage, drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements; F. Provide for proper ingress and egress; G. Provide for the expeditious review and approval of proposed land divisions which comply with this title, the Auburn zoning ordinance, other city plans, policies and land use controls, and Chapter 58.17 RCW; K Adequately provide for the housing and commercial needs of the citizens of the state and city; L Require uniform monumenting of land divisions and conveyance by accurate legal description; J. Implement the goals, objectives and policies of the Auburn comprehensive plan; K. Prevent or abate public nuisances. 7. The proposal is consistent with the purposes of the Land Division Ordinance as enumerated above. The roads designed for the proposal are safely designed to meet traffic demand and sidewalks on both sides of the internal street to promote pedestrian safety. Applicable zoning setbacks and lot coverage standards in conjunction with the stormwater tract provides for adequate light and air. The proposal does not result in overcrowding as it proposes a density authorized for the R7 zone. As previously discussed, the proposal is consistent with and implements the Auburn Comprehensive Preliminary Plat p. 7 Findings, Conclusions and Decision 0 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Plan. As previously determined the proposal is adequately served by all essential public facilities as determined in Finding of Fact No. 6 and is consistent with the comprehensive plan. The subdivision process, with the required surveying and recording of final plats, provides for uniform monumenting and conveyance by accurate legal description. ACC 17.07.070(E): Conformance of the proposed subdivision to the Auburn Zoning Ordinance and any other applicable planning or engineering standards and specifications as adopted by the City. 8. The proposal is in conformance with applicable development standards as applicable at this stage of review. The Applicant proposes 12 lots, which as noted at page 13 of the staff report is the maximum allowed number of lots authorized by the R-7 for a project site of 1.73 acres. In the R-7 zone the minimum lot size is 4,300 square feet and all proposed lots are 4,301 square feet in area or larger. Compliance with most of the other zoning standards and all building code standards, will be implemented during building permit review. Public works staff have determined that the preliminary design for plat infrastructure meets applicable engineering, public works and stormwater standards. ACC 17.07.070(F): The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment. 9. As determined in Finding of Fact No. 5 there are no significant adverse impacts associated with the proposal. ACC 17.07.070(G): Adequate provisions are made so the preliminary plat will prevent or abate public nuisances. 10. As determined in Finding of Fact No. 5, there are no significant adverse impacts associated with the proposal. Consequently, no public nuisance is anticipated. DECISION The proposed preliminary plat complies with all applicable requirements for the reasons identified above, subject to the following conditions of approval: Condition 1. Prior to final plat approval, sewer service shall be extended from the intersection of V Street SE and 3`d Ct SE to 2"d Street SE and into the project in order to serve the fixture single-family residences of the plat. The sewer will also be required to be extended within 2" d ST SE to the western boundary of the site, for possible future extensions to the west, by others. The proposed sewer extension must be configured so that each of Preliminary Plat P. 8 Findings, Conclusions and Decision 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the lots can connect directly to a public sewer main or manhole. Shared side sewers are not allowed by City Engineering Design Standards unless a deviation is applied for and secured . Condition 2. Prior to final plat approval, Tract A shall be identified as a Stormwater Tract dedicated to the City of Auburn for maintenance and operation. To avoid compatibility and operation conflicts, no portion of Tract A will be available for recreation purposes; the purpose and limitation on the use of Tract A shall be identified on the Final Plat . If adequate room is available the Applicant is authorized upon staff approval to divide Tract A into two tracts prior to final plat approval with one of the new tracts dedicated to recreational use. Condition 3. Prior to final plat approval, fencing consistent with current City standards shall be provided around the perimeter of the stormwater pond on Tract A, the location of which to be reviewed and determined during the review and approval of the public facility extension plans (PAC review). A landscaping plan, consistent with City Engineering Design Standards shall be included with the public facility extension plans. A note shall be placed on the Final Plat indicating that the HOA shall be responsible for maintenance of those portions of the stormwater Tract A outside of the fenced perimeter of the stormwater pond, as determined by the City Engineer. Additionally, the Covenants, Conditions, and Restrictions (CC&Rs) that are reviewed and approved by the City at Final Plat application, and as recorded thereafter, shall establish the HOA's responsibility for regular landscape maintenance. Condition 4. Tracts B and C are private access and utility tracts and will be owned and maintained by the HOA. A note shall be placed on the Final Plat specifying that the HOA is responsible for maintenance including associated retaining walls (if proposed), walkways, signage, and other associated features. Condition 5. The comments and markups from City of Auburn staff, included on the Preliminary Plat & Civil Plan drawings, prepared by Pacific Coast Surveyors & Sound Design Engineering, Inc., dated October 2, 2019, Exhibit 6, shall be addressed as part of the Public Facility Extension (FAC) plan review and approval and Final Plat review. Condition 6. Driveways to Lots must meet access tracts and public ROW at an angle of 90°±5°. Lot 11 does not meet this requirement. Note that for Lots 6 and 9, their orientation may pose an issue with meeting this requirement. The plat layout of the lots will be required to be modified meet this requirement as part of the FAC review. Condition 7. Preliminary Plat P. 9 Findings, Conclusions and Decision 2 4 rel 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Per COA Engineering Design Standard 10.01.5, driveway connections to the access tracts shall be configured such that vehicles backing out of the driveways complete their maneuvers within the access tract without entering another property. Lots 5 and 10 do not meet this requirement. The plat layout of the lots will be required to meet this requirement as part of the Public Facility Extension (FAC) plan review and approval . Condition 8. Driveway spacing requirements from their respective property lines are not satisfied around the cul-de-sac. A drop apron would not provide a location with the appropriate curbing required for the hydrant and lighting. If Lot 4 will access U Street SE and not Tract B, the driveway width will likely be restricted to 11 ft. Lot 7 may also require a restricted driveway width or the City may require Lots 7 and 8 to share a driveway. Please be advised that the plat layout will be required to address these issues as part of the Public Facility Extension (FAC) plan review and approval. Condition 9. It is unclear if Lot 4 will be taking access from Tract B. Per City of Auburn Design Standard 10.01.5, shared driveways for three or more units must be 26.5 feet in width and include a sidewalk. As such, either Tract B will need to be widened to meet this requirement or Lot 4 will be prohibited from taking access from Tract B. Condition 10. Per the preliminary plat application submittal Checklist, Preliminary Plat Drawing — Graphic Representation Section C, Item 12, occupation features (i.e. fences, shed, walls, etc.) affecting the boundary between the subject site and adjoining parcels are shown. Any potential unwritten rights associated with the depicted occupation features is a civil matter between private parties. It is suggested the Applicant or their authorized representative establish communication with the adjoining property owners to create an open discussion regarding the occupation features. The City's review of this preliminary plat application is for its conformity to Auburn City Code and state law, and as such does not address nor adjudicate any potential unwritten rights that may be acquired by the Applicant or the adjoiners. If at FINAL PLAT application, the nature and location of the depicted occupation features remain unchanged. and/or unresolved, then per RCW 58.17.25,5, a "survey discrepancy note" shall be placed on the face of the FINAL PLAT similar to the following example: SURVEY DISCREPANCY NOTE: EXISTING FENCE AND GATE HAVE BEEN SHOWN PURSUANT TO RCW 58.17.255 AND SHALL BE DISCLOSED IN THE TITLE REPORT PREPARED BY THE TITLE INSURER AND ISSUED AFTER THE FILING OF THIS PLAT Condition 11. There are various elements of the proposed development that do not meet the City of Auburn Engineering Design Standards, Standard. Details and the city's Stormwater Management Manual. The major elements that potentially impact the overall plat layout will be addressed with the Preliminary Plat approval however many elements are Preliminary Plat P. 10 Findings, Conclusions and Decision 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 requested to be deferred until the civil site improvement submittal. The fixture civil site improvement submittal shall conform to all City of Auburn Engineering Design Standards, Code, Standard Details and Surface Water Management Manual. Condition 12, Exhibit 6, Preliminary Civil Plans, on Sheets C3 through C5, Sound Design Engineering, Inc., October 2, 2019 shows two maintenance drives each from a different street leading to the infiltration pond on Tract A. The access drive to the infiltration pond off of 2" d Street SE shall be removed. but the drive from the new internal public street being constructed as part of the plat (U ST SE) shall remain. Eliminating the drive from 2°6 ST SE will minimize visual impacts of this access outside of the plat and will access to the public roadway carrying less traffic. Condition 13. If groundwater is encountered during construction that creates less than 5 -feet of separation between the bottom of the infiltration facility and the groundwater, then construction shall be halted and stormwater design shall be reevaluated. This may require groundwater monitoring or revision and. re -approval of civil plans. Condition 14. All of the city staff comments as shown on the Existing Features Boundary Topo, Sound Design Engineering, dated October 1, 2019 and the Drainage Report, Sound Design Engineering, dated September 12, 2019, shall be addressed as part of the civil plans provided as part of the public facility extension application (FAC) prior to Final Plat approval. Condition 15. Prior to City. approval of the construction plans under the Facilities Extension Agreement (FAC), the plans shall show that appropriate portions of public streets shall be posted no parking on the appropriate portions of the streets due to its road width or presence of medians. Also, the cul-de-sacs shall be posted "No Parking" around their entire perimeter. Posting shall be in accordance with ACC and City of Auburn Engineering Design Standards. Condition 16. Prior to City approval of the construction plans under the Facilities Extension Agreement (FAC), provide documentation of application to the Washington State Department of Ecology (WSDOE) for a General Storm Permit, as required for all projects over 1 acre in size. DATED this 6th clay of November 2019. Preliminary Plat P. 11 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Phil A. 01brec hts City of Auburn Hearing Examiner Appeal Right and Valuation Notices This decision is final subject to appeal to superior court as governed by Chapter 36.70C RCW. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. Preliminary Plat p. 12 Findings, Conclusions and Decision