HomeMy WebLinkAboutHE Decision PLT19-0007 River Glen Plat 56
BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
Phil Olbrechts,Hearing Examiner
RE: River Glen Preliminary Plat
4
5 Preliminary Plat FINDINGS OF FACT,CONCLUSIONS
OF LAW AND FINAL DECISION
6
File Nos. PLTI9-0007
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8
OVERVIEW
9
The Applicant requests approval of a preliminary plat for a 12-lot single-family
I 0 residential subdivision of a 1.73-acre parcel located at 1907 2nd Street Southeast. The
I I plat is approved subject to conditions.
1?
ORAL TESTIMONY
13
1 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
I 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
16 separate sections of this decision.
17 Dustin Lawrence, City of Auburn Senior Planner, summarized the staff report. He
18 confirmed that Ex. 12 contained five additional staff recommended conditions to the
project. In response to Examiner questions, Mr. Lawrence confirmed that the project
19 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
20 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.
21 Mr. Lawrence also confirmed that public works had reviewed the Geotech report and
22 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.
23 The City also has adequate standards to ensure that adequate monumenting is
implemented during final plat review.
24
Trip generation for the project did not trigger the need for a level of service analysis
25 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
impacts to surrounding traffic congestion. Frontage improvements will widen the street
1 in front of the project with a taper. Existing streets are only 20 feet wide. The required
2 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
3 on-street parking. The 20-foot wide streets of the surrounding streets are generally
consistent with City travel lane width standards.
4
Robert Nehring, Applicant, noted that the Applicant supports the staff
5 recommendation. The Applicant will be installing a water qualitycontrol device
6 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
7 proposed infiltration facilities. In response to examiner questions Mr. Nehring
acknowledged that the boring upon which that conclusion was reached was only dug
8 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
9 proposed 600-foot sewer extension,since they will be able to connect to that main upon
10 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.
11 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
12 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
13 tract can be used for recreation. He's hoping to work out something with staff to
14 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
15 space but would like to do so. Driveway orientation will be ironed out during
construction when the size of the homes can be ascertained.
16
1 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
18 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
19 side of the project. She wanted to know if the homes would be mobile or stick built
homes.
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21 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
22 another public hearing after approval of the preliminary plat.
23 James Webb, City traffic engineer, noted that the curb, gutter sidewalk would only be
on the project frontage.
24
25 Mr. Lawrence stated mobile homes are not allowed by City regulations at the project
site.
Preliminary Plat p. 2 Findings,Conclusions and Decision
Mr.Nehring noted that the sewer lines would be dug very deep to serve as large an area
1 as possible and that a latecomer agreement would have a term of 20 years. The homes
will be stick-built.
3 EXHIBITS
-t 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:
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Exhibit 11: Staff power point.
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Exhibit 12: 11/13/19 letter to Lawrence from Nehring
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9
FINDINGS OF FACT
10
1 Procedural:
I 1. Applicant. Robert Nehring, MNM LLC, 10515 20th St SE #125, Lake
Stevens, WA 98258.
I
2. Hearing. A hearing was held on the application on November 20,2019 at
14 5:30 pm at Auburn City Hall, Council Chambers.
15
Substantive:
16
3. Site/Proposal Description. The Applicant requests approval of a
17 preliminary plat for a 12-lot single-family residential subdivision of a 1.73-acre parcel
18 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-
19 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
20 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.
21
22 4. Characteristics of the Area. The subdivision is surrounded by property
zoned and developed for R-7 single-family use.
23
5. Adverse Impacts. As conditioned,there are no significant adverse impacts
24 associated with the proposal. A Determination of Non-Significance(DNS)was issued
under City File No. SEP19-0022 on August 22,2019, see Exhibit 4. Pertinent impacts
25 are addressed as follows:
Preliminary Plat p. 3 Findings, Conclusions and Decision
A. Critical Areas. The proposal will not significantly affect aquifer recharge
1 areas. There are no critical areas on-site except for an aquifer recharge area,
2 which is located over the entire City. As testified by staff, the aquifer
recharge area will be adequately protected by best management practices,
3 which are required as part of engineering review.
4 B. Drainage. The proposal will not create any adverse stormwater impacts
because the Applicant has proposed a preliminary design that staff have
5 determined is consistent with the City's stormwater standards. Through the
6 civil plan review process, the stormwater runoff from the Project will be
evaluated, treated, and detained in individual dry wells and a stormwater
7 facility located in Tract A, consistent with City's stormwater management
standards.
8
6. Adequacy of Infrastructure and Public Services. The proposal will be served by
9 adequate and appropriate public infrastructure. Stormwater facilities have already been
10 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,
11 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
12 engineering review and shall be required to meet and implement those standards prior
13 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
14 specifically addresses infrastructure and services:
15 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
16 the future lots as well as stub the water line to the western boundary of the site,
17 for possible future extensions to the west.
18 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
19 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
20 western boundary of the site, for possible future extensions to the west.
21 C. Transportation. As mitigated the proposal provides for adequate and
22 appropriate on and off-site transportation facilities.
23 The Project will be required to construct streets per ACC,Chapter 12.64A ACC
`Required Public Improvements',the City's Engineering Design Standards,and
24 the Comprehensive Transportation Plan. With the creation of U Street
25 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
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).
4
Based on the City's Comprehensive Transportation Plan, Functional Roadway
5 Classification Map, all public roadways that require improvements are
classified as"Local Residential" streets.
6
7 Written comment expressed concern over roadway width in the vicinity of the
project area. The City's transportation engineer testified that the roads that
8 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
9 was anything unique about the project area that rendered the City's width
0standard inadequate.
1D. Schools. Adequate and appropriate provisions are made for schools and
walking conditions to and from school.
12
The Site is located within the Auburn School District boundary. Per the
1' Applicant, students residing within the project will attend: 1) Lake View
14 Elementary; 2)Cascade Middle School,and 3)Auburn High School.
1 5 High School students will have the ability to walk to Auburn High School via
a new sidewalk abutting the side on the north side of 2nd Street SE. The
16 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.
17 the walking path will then be via an existing gravel shoulder along the east side
18 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
19 which students will be able to walk west until they reach Auburn High School.
Elementary and Middle School Students will be bussed from a bus stop located
20 near the intersection of 2nd Street Southeast and T Street Southeast to their
1 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
22 abutting the project site.For additional school transportation details,see Exhibit
10.
23
E. Parks and Open Space. Adequate and appropriate provision are made for parks
24 and open space as the proposal complies with all applicable requirements. No
25 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
miles to the southeast of the Project. Fenster Nature Park provides open space.
1 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
4 building permit review mitigate demand placed on fire services and facilities.
5 CONCLUSIONS OF LAW
6 Procedural:
7
1. Authority of Hearing Examiner. ACC 17.10.050 grants the Hearing
8 Examiner with the authority to review and make a final decision on preliminary plat
applications.
10 Substantive:
11 2. Zoning and Comprehensive Plan Designation. The site is zoned R-
Residential and its Comprehensive Plan map designation is Single-Family Residential.
12
13 3. Review Criteria and Application/Deviations Approved. ACC 17.06.070
14 governs the criteria for preliminary plat approval. Relevant criteria for the preliminary
plat application are quoted below with corresponding conclusions of law.
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Preliminary Plat Standards:
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17 ACC 17.07.070(A): Adequate provisions are made for the public health, safety and
18 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
19 grounds.
20 4. As identified in Finding of Fact No. 5 and 6, the proposal as mitigated and
21 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
22 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
23 made for the public health, safety and welfare.
24 ACC 17.07.070(B): Conformance of the proposed subdivision to the general purposes
25 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
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
4 Comprehensive Plan including the City of Auburn Capital Facilities Plan,
Comprehensive Transportation Plan, and the Parks, Recreation and Open Space Plan.
5 There is no reasonable basis for concluding to the contrary and the proposal is found to
6conform to applicable City policies.
7 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.
8
ACC 17.02.030: The purpose of this title is to regulate the division of land lying within
9 the corporate limits of the city, and to promote the public health, safety and general
I() welfare and prevent or abate public nuisances in accordance with standards
established by the state and the city, and to:
II
A. Prevent the overcrowding of land;
12 B. Lessen congestion and promote safe and convenient travel by the public on
streets and highways;
13 C. Promote the effective use of land;
14 D. Provide for adequate light and air;
E. Facilitate adequate provision for water, sewerage, drainage, parks and
15 recreational areas, sites for schools and school grounds, and other public
requirements;
16 F. Provide for proper ingress and egress;
17 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
18 and land use controls, and Chapter 58.17 RCW;
H. Adequately provide for the housing and commercial needs of the citizens of
19 the state and city;
I. Require uniform monumenting of land divisions and conveyance by accurate
20 legal description;
21 J. Implement the goals, objectives and policies of the Auburn comprehensive
plan;
22 K Prevent or abate public nuisances.
23 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
24 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
Plan.As previously determined the proposal is adequately served by all essential public
I 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.
4 ACC 17.07.070(E): Conformance of the proposed subdivision to the Auburn Zoning
Ordinance and any other applicable planning or engineering standards and
5 specifications as adopted by the City.
6 8. The proposal is in conformance with applicable development standards as applicable
7 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
8 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
9 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.
I 2 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
I' effect upon the quality of the environment.
I4
9. As determined in Finding of Fact No. 5 there are no significant adverse impacts
15 associated with the proposal.
16 ACC 17.07.070(G): Adequate provisions are made so the preliminary plat will
17 prevent or abate public nuisances.
18 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.
19
20
21 DECISION
22 The proposed preliminary plat complies with all applicable requirements for the reasons
identified above, subject to the following conditions of approval:
23
Condition 1.
24 Prior to final plat approval, sewer service shall be extended from the intersection of V
25 Street SE and 3`d Ct SE to 2nd Street SE and into the project in order to serve the future
single-family residences of the plat. The sewer will also be required to be extended
within 2"a 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
the lots can connect directly to a public sewer main or manhole. Shared side sewers are
l 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
4 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
6adequate 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
7 to recreational use.
S Condition 3.
Prior to final plat approval, fencing consistent with current City standards shall be
9 provided around the perimeter of the stormwater pond on Tract A,the location of which
10 to be reviewed and determined during the review and approval of the public facility
extension plans (FAC review). A landscaping plan, consistent with City Engineering
11 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
12 of those portions of the stormwater Tract A outside of the fenced perimeter of the
13 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
14 Final Plat application, and as recorded thereafter, shall establish the HOA's
responsibility hfor regular landscape maintenance.
15
Condition 4.
16 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
17
responsible for maintenance including associated retaining walls (if proposed),
),
18 walkways, signage, and other associated features.
19 Condition 5.
The comments and markups from City of Auburn staff,included on the Preliminary Plat
20 & Civil Plan drawings, prepared by Pacific Coast Surveyors & Sound Design
21 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.
22
Condition 6.
23 Driveways to Lots must meet access tracts and public ROW at an angle of 90°f5°. Lot
11 does not meet this requirement.Note that for Lots 6 and 9,their orientation may pose
24 an issue with meeting this requirement.The plat layout of the lots will be required to be
25 modified meet this requirement as part of the FAC review.
Condition 7.
Preliminary Plat P. 9 Findings. Conclusions and Decision
Per COA Engineering Design Standard 10.01.5, driveway connections to the access
1 tracts shall be configured such that vehicles backing out of the driveways complete their
2 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
3 requirement as part of the Public Facility Extension(FAC)plan review and approval .
4 Condition 8.
Driveway spacing requirements from their respective property lines are not satisfied
5 around the cul-de-sac. A drop apron would not provide a location with the appropriate
6 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
7 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
8 the Public Facility Extension(FAC)plan review and approval.
9 Condition 9.
10 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
11 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.
12
Condition 10.
13 Per the preliminary plat application submittal Checklist, Preliminary Plat Drawing —
14 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.
15 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
16 representative establish communication with the adjoining property owners to create an
1 open discussion regarding the occupation features.The City's review of this preliminary
7 plat application is for its conformity to Auburn City Code and state law, and as such
18 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
19 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 PLAT
20 similar to the following example:
1 SURVEY DISCREPANCY NOTE:
22 EXISTING FENCE AND GATE HAVE BEEN SHOWN PURSUANT TO RCW
58.17.255 AND SHALL BE DISCLOSED IN THE TITLE REPORT PREPARED
23 BY THE TITLE INSURER AND ISSUED AFTER THE FILING OF THIS PLAT
24 Condition 11.
25 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
requested to be deferred until the civil site improvement submittal.The future civil site
1 improvement submittal shall conform to all City of Auburn Engineering Design
2 Standards, Code, Standard Details and Surface Water Management Manual.
3 Condition 12.
Exhibit 6, Preliminary Civil Plans, on Sheets C3 through C5, Sound Design
4 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
5 pond off of 2nd Street SE shall be removed. but the drive from the new internal public
6 street being constructed as part of the plat(U ST SE)shall remain. Eliminating the drive
from 2nd ST SE will minimize visual impacts of this access outside of the plat and will
7 access to the public roadway carrying less traffic.
8 Condition 13.
If groundwater is encountered during construction that creates less than 5-feet of
9 separation between the bottom of the infiltration facility and the groundwater, then
10 construction shall be halted and stormwater design shall be reevaluated. This may
require groundwater monitoring or revision and re-approval of civil plans.
I1
Condition 14.
17 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
13 Engineering, dated September 12, 2019, shall be addressed as part of the civil plans
14 provided as part of the public facility extension application (FAC) prior to Final Plat
approval.
15
Condition 15.
16 Prior to City approval of the construction plans under the Facilities Extension
1 Agreement(FAC),the plans shall show that appropriate portions of public streets shall
7 be posted no parking on the appropriate portions of the streets due to its road width or
8 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
19 Engineering Design Standards.
20 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
yy projects over 1 acre in size.
73
24 DATED this 6th day of November 2019.
Preliminary Plat p. 1 1 Findings, Conclusions and Decision
Phi A.01hrcchts
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3 City of Auburn Hearing Examiner
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Appeal Right and Valuation Notices
5
This decision is final subject to appeal to superior court as governed by Chapter 36.70C
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RCW.
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Affected property owners may request a change in valuation for property tax purposes
8 notwithstanding any program of revaluation.
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Preliminary Plat p. 12 Findings, Conclusions and Decision
(I) /))1 )
( IT1OF a ••
AV J3jJf? I%4 Nancy Backus Mayor
HE 11.20.19 Pgs 2
Submitted by Dustin Lawrence
November 13, 2019 Re: Case PLT19-0007
Prelim Plat River Glen
MNM LLC
Attn: Robert Nehring
10515 20th St SE #125
Lake Stevens, WA 98258
Re: Preliminary Plat— PLT19-0007—Additional Conditions of Approval
Dear Mr. Nehring:
On November 7, 2019, I shared with you the staff report that included a staff recommendation for the
preliminary plat of River Glen, PLT19-0007. This staff report has also already been sent to the
Hearing Examiner in advance of the public hearing. As with all preliminary plats, staff evaluating the
preliminary application has to balance both, timely and efficient processing of the preliminary plat
application, while determining the appropriate level of information to support a multi-disciplinary staff
recommendation on the proposal. This is made challenging because the preliminary plat application
is the first in a series of many approvals and thus is more general in nature and staff strives to avoid
subsequent major alterations of the preliminary plat after approval.
After further evaluation and review by City staff, some additional proposed conditions are judged as
necessary by staff to support an affirmative recommendation. Below, please find a list of additional
and revised recommended conditions of approval that were developed after the circulation of the
staff report for the River Glen Preliminary Plat. The conditions below will be recommended to the
Hearing Examiner at the November 20, 2019 public hearing and will supersede the previous
recommended conditions of approval. A copy of these added and revised conditions are being
provided to you, to inform you in advance and provide an opportunity to discuss, if necessary.
Condition 1.
Prior to final plat approval, sewer service shall be extended 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 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 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 .
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 (FAC
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
Au BU RN rooRE rt IAN YOU IMAGINE I)
River Glen Preliminary Plat— PLT19-0007
November 13, 2019
Page 2
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 900±50. 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.
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
River Glen Preliminary Plat — PLT19-0007
November 13, 2019
Page 3
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 58.17.255, 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 requested to be deferred until the civil site
improvement submittal. The future 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 2nd 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 2nd 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.
River Glen Preliminary Plat— PLT19-0007
November 13, 2019
Page 4
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.
Conclusion
Should you have any questions regarding these conditions, please contact me. I may be reached at
(253)931-3092 or dlawrence(c�auburnwa.gov. To further assist your needs, Auburn City Code and
Auburn Design Standards may be reviewed in their entirety online at www.auburnwa.qov. Thank you
for your attention to these details.
Sincerely,
Dustin Lawrence, AICP
Senior Planner
Department of Community Development
Enclosures: City Comments, Existing Features Boundary Topo, Sound Design Engineering Inc.
October 1, 2019
City Comments, Storm Drainage Site Plan, Sound Design Engineering Inc.,
September 12, 2019
cc: Elizabeth Chamberlain, COA
Steve Sturza, COA
Sound Design Engineering, Attn: Bob Nehring, 10515 201h St SE #125, Lake Stevens, WA
98258
David and Arlene Holliday, 1907 2nd St SE, Auburn, WA 98002