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HomeMy WebLinkAboutHE Decision PLT18-0006 10.31.192 3 4 5 6 7 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: Knudson Preliminary Plat Preliminary Plat, Plat Modification and Engineering Deviation File No. PLT18-0006; FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL DECISION OVERVIEW The Applicant requests approval of a preliminary plat, plat modification and engineering deviation for a 17 -lot single-family residential subdivision of a 3.31 -acre parcel located on the east side of 124th Avenue SE, approximately 130 feet north of SE 302nd Place. The plat, plat modification and engineering deviation are approved subject to conditions. The project presented the very challenging issue of whether access should be required off of 124th Ave. SE, an adjoining minor arterial; or 301" Place, an adjoining local residential street. This decision finds the proposed access 301St Place access to be consistent with and required by City policies and regulations. Numerous neighbors at the hearing made it abundantly clear that they had serious concerns with the proposed connection to 301St Pl., believing that the added traffic through their residential streets would disrupt the safety and tranquility of their neighborhood. The vested right to park on both sides of the 301" P1. does snake that street more narrow than the restricted parking authorized under current City standards, and the City's traffic engineer opined that this added parking may be the source of some of the safety concerns raised by the neighbors. The neighbors' concerns are certainly understandable, but so is the countervailing consideration of limiting access points to the City's arterial system. The City's traffic engineer, James Webb, testified that local residential street access points to arterials reduce the safety and efficiency of the arterials. In furtherance of this, Mr. Webb noted that City policies require access points for subdivisions to be placed on the frontage adjoining the lowest street classification and that there was also a policy requiring the minimization of local residential street access points to arterials. It is undisputable that traffic congestion is a major problem facing the Auburn City Council,, as it is with all other city councils in the Puget Sound Region. When having to choose between traffic impacts that adversely affect local residents verses impacts to the efficiency and effectiveness of the overall transportation system, it is particularly Preliminary Plat P. 1 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 important to follow the policy choices made by the City Council in its comprehensive plan and development standards. Allowing the arterial access requested by the neighbors in this application may produce negligible impacts on its own, but of course the precedent such a decision would set could result in numerous additional residential access points throughout the City's arterial system. Unfortunately, the City's adopted policies and standards on residential access to arterials are not that clear and are arguably contradictory. The policy cited by Mr. Webb to require access to the lowest street classification doesn't appear to have been adopted into the City's engineering standards or its comprehensive plan. The engineering justification for such a policy is certainly logical and highly compelling, but it doesn't appear such a policy has been formally adopted by the City Council'. In point of fact, Section 10.02.10.1 of the City of Auburn Engineering Design Standards requires in part that "...[r]esidential subdivisions developments with less than 100 lots shall have at least one access to an arterial or collector." However, Comprehensive Plan Policy Street -18 requires that "...[r]esidential developments should be planned in a manner that minimizes the number of local street accesses to arterials and collectors." The courts have ruled that conflicts between a specific zoning ordinance will prevail over an inconsistent comprehensive plan. See, e.g. Citizens v. Mount Vernon, 133 Wn. 2d 861 (1997). If Section 10.02.1.0.1 of the engineering design standards are construed as conflicting with Comprehensive Plan Policy Street -18, the Citizens line of cases would suggest that the design standard would prevail, However, design standards are not zoning code regulations. They are distinguishable from design standards in that the City Council likely gives much more deference to the technical expertise of engineering staff in adoption of engineering design standards than it does to planning staff in the adoption of comprehensive plan policies. Applying the principle of statutory construction that legislative intent is paramount, it is not so easy to conclude that the Council intended its policy position of minimizing residential access to arterials to be superseded by a one -line technical specification in a 153 -page engineering manual. Such a position is particularly problematical when the engineering stal'14ho wrote the engineering design standards are testifying that residential access points shouldn't be made to arterials when connections to lower street classifications are available. Courts require that when two statutes appear to conflict, every effort should be made to harmonize their respective provisions. Leson v. State, 72 Wn. App. 558, 563 (1.993). ' If such a policy has been formally adopted by the City Council, the City is invited to make a request for reconsideration. Since such an adopted policy would be subject to judicial notice and would not change the result of this Decision, this decision could then be corrected to acknowledge that policy with minimal delay and no need for briefing from the parties. 2 "The purpose of statutory interpretation is "to determine and give effect to the intent of the legislature." State v. S.G., No. 78614-8-I (Wash. Ct. App. Oct. 28, 2019). Preliminary Plat p. 2 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 Section 10.02.10.1 and Policy Street -18 can be harmonized to require that the proposed emergency access point to 124th Ave. SE satisfies the Section 1.0.02.10.1 requirement for an access point while also minimizing access points as required by Policy Street - 18. The policy basis for Section 10.02.10.1 isn't immediately apparent but given the strong public interest in maintaining the efficiency of the City's arterial system, the basis is likely limited to ensuring a quick means of an emergency response. The emergency access point proposed by the Applicant provides that quick access for emergency vehicles while at the same time protecting the integrity of the City's arterial. system as contemplated in Policy Street -18. For these reasons, the proposed 301St Pl. access is found to be consistent with both Section 10.02.10.1 and Policy Street -18. The neighbors' anecdotally based concerns about traffic safety are understandable, but not significantly supported by the record. The proposed subdivision is actually of only a moderate size and engineering staff have found no safety problems in their expert based review of the proposal. Although the parking authorized on both sides of 301St is apparently not allowed under current City regulations, the record doesn't establish. that the situation creates a significant safety issue. Further, as testified by Mr. Webb, the City can impose parking restrictions or the area and/or install traffic calming devices if that's desired by the residents. The Applicant has offered to contribute to the cost of the traffic calming devices as well. 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. Alexandria Teague, City of Auburn Planner II, summarized the staff report. In response to examiner questions, Mr. Web, City traffic engineer, affirmed that he agreed with the Applicant's analysis for meeting its requested deviation requests. Maher Joudi, project engineer, noted that regarding the lot width modification, the Applicant believes it's meeting the intent of the code by agreeing to a smaller building pad in order to ensure adequate setbacks on a corner lot. The road variance is necessary to meet the cul de sac grade requirements for emergency access. Patrice Landon, neighbor, is concerned with the road access. The access road is very narrow with high traffic. There are a lot of children and pets that access the area. She would like to at least see a speed bump, or some other speed control measure installed. Carl Shurman, neighbor and HOA president of a neighboring development with 141 homes, inquired whether the emergency access could be taken off of 124th. He noted Preliminary Plat p. 3 Findings, Conclusions and Decision 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that his development has three or four parks and that the project doesn't propose any. He wanted to know if there was any consideration in merging the HOA of the proposal to his HOA since the new residents likely will be using his HOA's park facilities. He also had a concern with traffic impacts and would like to see mitigation. He also wanted to know if during the development process construction vehicles would be using 124th as opposed to driving through his development. Mitigation requiring 124th access is requested. Ms. Sinclair, neighbor, was concerned about traffic and wanted to know why access couldn't be off of 124th. The traffic will be horrendous. Mr. Sinclair, neighbor, noted that property values haven't been brought up. One reason he and his wife bought their home was because of the HOA and the higher standard applicable to property maintenance. The proposal will involve smaller lots, which equates to smaller homes and lower property values, which will impact his property value. There have been several requests over the last few years for a traffic study over 127th due to speeding on that road. 17 more houses will add more traffic and it appears that school traffic will also be coming out of 127th. Access of 124th would resolve all the issues. Lee Howard, neighbor, also expressed concern over traffic. He also noted that parking was a problem. Since there's no on -street parking for the proposed cul de sac, parking will spill out onto 127th. As previously mentioned, the parks of the adjoining neighborhood will be used by the residents of the proposal. Mr. Singh, neighbor, noted traffic was a huge issue now, not only volume but speed. 304th traffic is a problem as well. He also believed that vehicles would make more noise on the steeper grade if the grade deviation is approved. Jessi Jagpe, neighbor, believes 124th should be used as the access point. With three cars per home, 17 homes will generate a lot of traffic. School traffic will also make matters worse on 127th. Speed bumps should also be installed. She wanted to know if sound barriers, ,pould be installed since the development will remove trees that currently serve as a sound barrier. The trees also served as bird habitat. She was also concerned about air pollution and crowding Rebecca Zucati, neighbor, was concerned about traffic. The proposed access is dangerous since there are numerous blank spots with cars parked on corners. She's had to grab children on bicycles because of oncoming traffic they didn't see. The cul de sac that will serve as the access point has been a cul de sac for 21 years and she thought it would stay that way. The entrance should be from 124th and would remove all her concerns. There also doesn't appear to be any space set aside for wildlife or trees. Mr. Koch, neighbor, noted he has a retaining wall that runs along the project site. He noted that there's an owl and woodpecker at the project site. Preliminary Plat p. 4 Findings, Conclusions and Decision 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In rebuttal, James Webb noted that 124th is classified as a minor arterial and is intended to carry significant volumes of traffic at high speeds. 301St, 1271h and [inaudible] are classified as residential streets, intended to carry lower volumes of traffic at lower speeds. City policy requires that project access come from the lowest street classification that they front, which is 301st for this project. He also believes there's a City policy that provides that local residential streets should not connect to arterial streets. In response to examiner questions, Mr. Webb affirmed that the rationale behind these policies is to prevent multiple access points to high speed arterials that would create safety and. efficiency problems. The emergency access tract is intended to be used in its full width as a pedestrian access tract. In rebuttal, Mr. Shannon, City engineer, noted that retaining walls may be involved in property line encroachments and is a civil matter between the adjoining property owners. He noted that the retaining walls will be construed as owned by the property supported by it and that the civil review process will involve the granting of maintenance easements for those walls. Ms. Teague clarified that on the lot width modification issue, the plats she named were based on the nomenclature of recorded plats and this nomenclature may have changed since recording. In concluding comments, Mr. Joudi noted that the Applicant is willing to participate in the installation of traffic calming devices on 301st and 127th if the City will allow it. Mr. Webb noted that the City has a traffic calming program in effect where at the request of neighborhoods the City will come out and study the streets and document whether there's a speeding issue. If there's a speeding issue the neighborhood will be surveyed to determine whether there's an interest of installing speed cushions. In response to examiner questions, Mr. Webb noted that 301st isn't unusually narrow and meets City standards. However, the roads of the adjoining neighborhood were developed under King County standards, which allowed on -street parking, which likely contributes to some of the problems cited in the hearing. If the neighborhood was concerned about on street parking the City would survey the neighborhood to see if it is open to restricting parking to one side. Mr. Joudi also noted that the Applicant will be providing a stop sign for the intersection of 301st and 127th. There will be no parking allowed in the proposed cul de sac and parking will only be allowed on one side of the remainder of the street. Tree retention would be very difficult given that the grade changes necessary for the proposal. The City has landscaping standards that will require the planting of new trees. Merging the HOAs would be complex but the Applicant is willing to discuss it. A survey should be done to address the retaining wall encroachments and grades investigated to ensure that stability is not adversely affected by the development. Mike Sinclaire, neighbor, noted that the City has made a number of concessions for lot size and grade size that benefits the developer and city. The existing citizens should be Preliminary Plat p. 5 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 given the concession of 124th access. If that were done all the neighbor's issues would be resolved. Ms. Teague noted that density and lot size requirements are still being met by the project. Mr. Joudi noted that the only reason the 55 foot lot width is required for the modification lots is because they are off of joint use driveways, which is not entirely the same as corner lots for which the 55 foot lot width applies, so the concession isn't a tremendous one. Mr. Joudi doesn't believe the modification lots should even be considered as corner lots. He noted that as said by Ms. Teague, the project meets density and lot size requirements. Ms. Zucati noted that two other neighborhoods close by are accessing 124th Also, 12411' has a speeding problem and limiting access to it makes it worse. Mr. Webb clarified that the plat to the south with access was a corner property that only fronted arterials so there was no alternative. The plat to the north was developed in King County at a different time under different standards. Mr. Webb also noted that the City's engineering standards are designed to accommodate the street grade request in the design standards, which require grades up to 8% and allow deviations up to 10%. The 10% deviation request is happening more frequently as easy to develop properties are dwindling in number in the City. The 10% is well justified given that grade constraints of the property. EXHIBITS The 12 exhibits identified at page 25 of the September 30, 2019 staff report were admitted into the record during the October 16, 2019 public hearing. The following exhibits were admitted into the record during the hearing: Exhibit 1.3: Staff PowerPoint presentation FINDINGS OF FACT Procedural: 1. Applicant. Jamie Waltier, Project Manager, Harbour Homes, LLC, 400 N. 34th Street, Seattle, WA 98103. 2. Hearing. A hearing was held on the application on October 16, 2019 at Auburn City Hall, Council Chambers. Substantive: 3. Site/Proposal Description. The Applicant requests approval of a preliminary plat for a 17 -lot single-family residential subdivision of a 3.31 -acre parcel Preliminary Plat p. 6 Findings, Conclusions and Decision N 0 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 located on the east side of 124th Avenue SE, approximately 130 feet north of SE 302nd Place and west of the end of SE 301st Place. The proposed lots range in size from 4,668 square feet (SF) to 7,687 SF. Roadways to be constructed include the public extension of SE 301st Pl. (from The Ridge at Willow Park Subdivision) to form a cul-de-sac, three (3) new private access tracts stemming off of SE 301st Pl. SE, and one (1) emergency/pedestrian access tract connecting to 124th Ave. SE. Stormwater will be managed on-site via a stormwater pond (Tract E). Water and sewer will be extended through the site to service each lot. The Applicant has requested a plat modification pursuant to ACC 17.18 for relief from the minimum lot width for corner lots (Lots 2, 5, 7 and 13). These four lots are proposed to meet the street side setback of ten feet as is routinely required for corner lots. However, the lots will not meet the width plus five feet requirement of ACC 17.14.090(D). The modification request is to waive the ACC 17.14.090(D) requirement adding five feet to required lot width for corner lots. Staff recommended approval of this deviation request. The Applicant has also requested an engineering deviation from the City of Auburn Engineering and Design Standards (COADS) to increase the maximum road grade of SE 301st Pl. and the emergency vehicle and pedestrian access tract (Tract D) from 8% to 10% (City File No. DEV19-0025, Exhibit 12). Deviations from the COADS are subject to approval of the Hearing Examiner per ACC 17.18.010(A) and COADS 1.04 provided the City Engineer concurs with the approval. The City Engineer has reviewed the requested engineering deviation and recommends approval. 4. Characteristics of the Area. The subdivision is located on Lea Hill and is surrounded by property zoned and developed for R5 single-family use. The property abuts the City of Kent to the west. The City of Kent has designated the property to the west Single -Family SR -1. This property is currently vacant but will be a portion of the Bridges Planned Unit Development. 5. Adverse Impacts. As conditioned, there are no significant adverse impacts associated with the proposal. More specifically, impacts are addressed as follows: A. Critical Areas. There are no critical areas on the subject site except for a Zone 4 Groundwater Protection Zone. The Groundwater Protection Zone is the least stringent classification. Therefore, no impacts are anticipated that cannot be mitigated by utilizing Best Management Practices (BMPs). As recommended in the Preliminary Stormwater Report (Exhibit 9), stormwater runoff from the Project will be treated and detained in a stormwater detention facility ("stormwater pond") located in Tract E, per the Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW) and Auburn Supplements. B. Drainage. No adverse stormwater impacts are anticipated. The Applicant has prepared a preliminary stormwater report that staff have determined Preliminary Plat p. 7 Findings, Conclusions and. Decision 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 preliminarily complies with the City's stormwater regulations. Through the civil plan review process, the stormwater runoff from the Project will be evaluated, treated, and detained in a stormwater pond located in Tract E and dispersed into the wetland buffers, consistent with the SWMMWW and Auburn Supplements. C. Archaeological Resources. A portion of the site is located in a "High Risk" area for archaeological resources according to the Washington State Department of Archeology & Historic Preservation (DAHP) predictive model data, Washington Information System for Architectural & Archaeological Records Data (WISAARD). The DAHP highly advises the Applicant to provide a cultural resources survey. Therefore, the project is conditioned such that prior to approval of the construction plans under the Facilities Extension Agreement (FAC), the Applicant must prepare a cultural resources investigation report meeting the guidelines of the Washington Department of Archaeology and Historic Preservation (DAHP) and provide it to the City of Auburn Community Development Dept., Muckleshoot Indian Tribe, and DAHP for review. 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 City's public work standards assure adequacy of infrastructure. Project 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 proposal will be served by adequate and appropriate water facilities. The Site is located in the City's water service area. Adequate water service will be provided for the Project. Water will be extended from the existing water main in SE 301 st Pl. west through the plat (via SE 301 st Pl., Tract C, and Tract D) to the existing water main in 124th Ave. SE. B. Sewer. The proposal will be served by adequate and appropriate sewer facilities. The Site is located in the City's sewer service area. Adequate sanitary sewer service will be provided for the Project. Sanitary sewer service will be extended through the plat from SE 301 st Pl. (through Tract C and D) to connect into the existing sewer main in 124th Ave. SE. 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 Preliminary Plat p. 8 Findings, Conclusions and Decision 2 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Comprehensive Transportation Plan. The Site is bordered by an existing "Local Residential" classified street to the east (SE 301st Pl.), and an "Minor Arterial" classified street (124th Ave. SE) to the west. SE 301st Pl. will be extended through the Project with full street improvements meeting "local residential" standards and terminate in a cul-de-sac. Three new private access tracts (Tracts A, B, and C) will stem off of SE 301st Pl. SE. One einergency/pedestrian access tract will connect to 124th Ave. SE. With the extension of SE 301" Place into the site and the completion of the half street improvements along 120 Avenue SE, the City's Transportation Division finds that there will be no decrease in the road network level of service (LOS) standard. To enhance the pedestrian experience from the public sidewalk along 124th Ave. SE, the portion of the stormwater pond tract (Tract E) located between the westernmost retaining wall and the back of the right-of-way of 124th St. SE will be landscaped with shallow -rooted shrubs and groundcover. Proportionate share system -wide impacts will be mitigated via payment of traffic impact fees during building permit review. For the reasons identified in the "overview" section of this decision, the proposed 3011t Pl. access is found to conform to the City's policies and development standards. D. Schools. Adequate and appropriate provisions are made for schools and walking conditions to and from school. The proposal's proportionate share mitigation for school facilities is addressed via the payment of school impact fees at the time of building permit review. The project site is located. within the Auburn School District (ASD) boundary. Per the Applicant, students within the Project will attend: 1) Arthur Jacobson Elementary School; 2) Rainier Middle School, and 3) Auburn Mountainview High School. Students will be bussed from a bus stop located near the intersection of 124th Ave. SE and SE 302nd Pl. to their respective schools. Students will travel through the Site, to 124th Ave. SE, via Tract C and Tract D, where they will walls to SE 302nd Pl. A safe walking route to the bus stop will be provided via the installation of sidewalks along project frontage as part of required half -street improvements, and existing sidewalk that was constructed with the plat directly to the south of the site. E. Parks and Open Space. Adequate and appropriate provision are made for parks and open space as the proposal complies with all applicable requirements. Adequate provisions for off-site parks are made through the payment of park impact fees at the time of building permit issuance for each lot or as may be deferred per ACC 19.08.030(G). Preliminary Plat P. 9 Findings, Conclusions and Decision 2 3 H 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ACC 17.14. 100 provides that an Applicant should dedicate park land where a proposed subdivision will result in a substantial increase in demand for park land and that "generally" this will occur with subdivisions supporting 50 or more dwelling units. The proposal has less than 50 dwelling units, so no park or open space dedication is required under ACC 17.14.100. No other park or open space requirements apply to the project. 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. ACC 17.18.010(A) grants the Hearing Examiner with the authority to approve modifications to the City's Engineering and Design Standards with the concurrence of the City Engineer. Substantive: 2. Zoning and Comprehensive Plan Designation. The site is zoned R-5 Residential, and its Comprehensive Plan map designation is Single -Family Residential. 3. Review Criteria and Application/Deviation and. Modification 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. ACC 17.18.030 governs the criteria for public works standards deviations and plat modification requests. The findings and conclusions of the analysis for the engineering deviation application contained in Ex. 12 and the findings in the staff report for the plat modification at pages 20-22 are adopted by reference and from those it is determined that the deviation and modification requests meet the deviation criteria of ACC 17.18.030 and should be approved. 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. Preliminary Plat P. 10 Findings, Conclusions and Decision M U 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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(B): 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 14-16 of the staff report. 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. The proposal is consistent with all other applicable policies and plans for the reasons identified at pages 16 of the staff report. ACC 17.07.070(D): Conformance of the proposed subdivision to the general purposes of the Land Division Ordinance as 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. gress;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; H. Adequately provide for the housing and commercial needs of the citizens of the state and city; I. Require uniform monumenting of land divisions and conveyance by accurate legal. description; J. Implement the goals, objectives and policies of the Auburn comprehensive plan; Preliminary Plat P. 11 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 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 subdivision street promote pedestrian safety. Applicable zoning setbacks and lot coverage standards in conjunction with the open space tracts provides for adequate light and air. The proposal does not result in overcrowding as it is within the narrow range of densities authorized for the R5 zone. As previously discussed, the proposal is consistent with and implements the Auburn Comprehensive Plan. As previously determined the proposal is adequately served by all essential public facilities and it 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. In the R5 zone minimum lot size is 4,500 square feet and all proposed lots meet this requirement. The authorized R5 density range 4 to 5 dwelling units per acre, which as noted in Finding No. 3 of the staff report would allow 13 to 17 lots for the proposal. 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 storrnwater 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 1;7.07.070(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 and deviation requests comply with all applicable requirements for the reasons identified above, subject to the following conditions of approval Preliminary Plat p. 12 Findings, Conclusions and Decision 2 3 H 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1. The plat modification request regarding of the minimum lot width of the corner lots is approved for proposed Lots No. 2, 5, 7, and 13 as shown on the "Preliminary Civil Plans", D.R. Strong Consulting Engineers, Inc., June 21, 2019 (or as may be renumbered). All other zoning development standards must be met. 2. The application for a deviation from the Engineering Design Standards (CORDS 10.02.4), to increase the maximum road grade from 8% to 10% on SE 301st Pl. and on the emergency vehicle access road is approved. The City Engineer supports and recommends to the Hearing Examiner approval due to the existing grade of SE 301st PI to the east and 124th Ave. SE to the west. 3. Prior to City approval of the civil plans under the City of Auburn Facilities Extension Agreement (FAC), the plans shall show that appropriate portions of public streets shall be posted "No Parking" due to its road width or presence of medians. Also, the cul-de-sac shall be posted "No Parking" around the entire perimeter. The posting shall be in accordance with the City of Auburn Engineering Design Standards. 4. Prior to City approval of the civil plans under the FAC, the Applicant must provide documentation of submittal of an application to the Washington State Department of Ecology (ECOLOGY) for a General Storm Permit, as required for all projects over 1 acre in size. 5. Prior to City approval of the civil plans under the FAC, the existing on-site septic system shall be abandoned in accordance with the King County Health Department requirements and documentation of the approved abandonment from the Health Department shall be provided to the City. 6. Prior to City approval of the civil plans under the FAC, the existing water well(s) shall be abandoned in accordance the Washington State and the King County Health Department requirements and the applicant shall execute with the City of Auburn a service agreement prohibiting the installation of irrigation wells(s) and other requirements, pursuant to ACC 13.06.150, "Required connections— Existing wells". 7. The Washington State Department of Archeology & Historic Preservation (DAHP) predictive model data, Washington Information System for Architectural & Archaeological Records Data (WISAARD, https://dahp.wa.gov/wisaard), identifies a portion of the site is located in a "High Risk" area for archaeological resources and that a cultural resources survey is "highly advised". As a result of this likelihood, prior to City approval of the civic plans under the FAC or other approvals authorizing earthwork or ground disturbing activities, the Applicant shall prepare a cultural resources investigation report meeting the guidelines of the Washington Department of Archaeology and Historic Preservation (DAHP) and provide it to the City of Auburn, Muckleshoot Indian Tribe, and DAHP for review. The report shall assess the likelihood of the presence of culturally significant resources and identify the recommended mitigation measures to be implemented if resources are discovered. The Applicant shall then implement these recommendations and, if any cultural resources are discovered Preliminary Plat p. 13 Findings, Conclusions and Decision 11 4 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 during construction activities, shall immediately halt all construction activities in the vicinity and notify the City of Auburn, Muckleshoot Indian Tribe, and DAHP. Treatment and preservation of any cultural resources shall then be coordinated with these agencies. 8. If groundwater is encountered during construction in the proposed stormwater detention pond that appears that it will impact the live storage capacity of the detention pond, the City of Auburn will stop construction and may require groundwater monitoring and will require redesign of the facility as necessary to account for observed groundwater. Depending on the groundwater seepage rates encountered, water elevation observed, the time of year or other possible factors involved, construction may not commence again until an updated pond design and revised City of Auburn Facilities Extension Agreement (FAC) is approved by the City of Auburn. 9. The dividing wall that is proposed in the stormwater detention/management pond and shown on Preliminary Civil Plans", D.R. Strong Consulting Engineers, Inc., June 21, 2019 shall be constructed of structural reinforced concrete. The walls shall be designed and stamped by a structural engineer licensed in the State of Washington. 10. Prior to City approval of the civil plans under the FAC, the plan shall include a landscaping plan. This plan shall show portion of the stormwater pond tract located between the westernmost retaining wall and the back of the right-of-way of 124th St. SE will be landscaped with shallow -rooted shrubs and groundcover. 11. Prior to final plat approval a note shall be placed on the Final Plat indicating that the Knudson Plat Homeowner's Association and its heirs and successors shall maintain those portions of the tracts containing stormwater ponds and specifically the portions located outside the fenced pond boundaries, or if no fence is provided, outside the 10 - year stormwater surface elevation, as determined by the City Engineer. Additionally, the Covenants, Conditions, and Restrictions (CC&Rs) to be reviewed by the City shall also address this maintenance responsibility. 12. The Site is in the City's identified Groundwater Protection Zone 4. All approvals and permits related to the Project and issued by the City shall be consistent with best management practices (BMPs) per ACC 16.10.120(E)(2). 13. If at the time of FINAL PLAT application, the nature and location of the depicted occupation features remain unchanged and/or unresolved, then per RCW 58.17.255, a "survey discrepancy note" shall be placed on the face of the FINAL SHORT PLAT similar to the following example: SURVEY DISCREPANCY NOTE: EXISTING FENCES, RETAINING WALL AND ROCKERY HAVE BEEN SHOWN PURSUANT TO RCW 58.17.255 AND SHALL BE DISCLOSED IN Preliminary Plat p. 14 Findings, Conclusions and Decision 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE TITLE REPORT PREPARED BY THE TITLE INSURER AND ISSUED AFTER THE FILING OF THIS PLAT 14. Prior to final plat approval, the emergency vehicle access tracts (Tract C and D) must be completed and opened to the public street (124th Ave. SE). 15. Tracts A and B are private access tract (joint use driveway) and will be owned and maintained by the HOA. Tract C is a private access (joint use driveway), and partly an emergency vehicle access, and pedestrian access which will be owned and maintained by the HOA. Tract D is a continuation of emergency vehicle and pedestrian access tract in Tract C. An ingress and egress easement, or other instrument as approved by the City, over Tracts C and D must be granted to the City of Auburn, for the purpose of accessing Tract E (stormwater pond), providing emergency services, and pedestrian access to 124th Ave SE. DATED this 31 st day of October 2019. l eu 4(Xtirochils .... City of Auburn Hearing Examiner Appeal Right and Valuation Notices is decision is final subject to appeal to superior court as governed by Chapter 36.70C property owners may request a change in valuation for property tax purposes ending any program of revaluation. Preliminary Plat p. 15 Findings, Conclusions and Decision