HomeMy WebLinkAboutHE Decision PLT19-0004 Aston Park Plat V ✓� J
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BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
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Phil Olbrechts, Hearing Examiner
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RE: Aston Park Preliminary Plat
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5 Preliminary Plat FINDINGS OF FACT, CONCLUSIONS
OF LAW AND FINAL DECISION
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File Nos. PLT19-0004
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OVERVIEW
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The Applicant requests approval of a preliminary plat for a 20-lot single-family
10 residential subdivision of a 4.43-acre parcel located on the north side of SE 304th St.,
11 between 116th Ave. SE and 118th Ave. SE. The application includes a modification
request to waive the requirements of ACC 17.14.090(D), which requires corner lots to
12 be platted five feet wider than required by the zoning ordinance. The plat and
modification requests are approved subject to conditions.
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14 ORAL TESTIMONY
15 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
16 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
17 Examiner found significant to his decision. Findings of Fact and Conclusions of Law are issued in
separate sections of this decision
18 Thaniel Gouk, Senior Planner for the City of Auburn, summarized the proposal. In
19 response to Examiner questions, Mr. Gouk noted that no fire sprinklers are required for
the homes served by the Tract D access tract because it wasn't long enough to trigger
20 the International Fire Code sprinkler requirement. He also clarified that for elimination
of Wetland C,the Applicant is enlarging an on-site wetland at a compensation ration of
21 1.25:1.
22 EXHIBITS
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24 The 12 exhibits identified at page 21 of the December 2,2019 staff report were admitted
into the record during the December 18, 2019 public hearing.
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Preliminary Plat p. 1 Findings, Conclusions and Decision
FINDINGS OF FACT
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Procedural:
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1. Applicant. Ed Mecum, Senior Engineer, Encompass Engineering, 165 NE
4 Juniper St., Issaquah, WA.
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2. Hearing. A hearing was held on the application on December 18, 2019 at
6 5:30 pm at Auburn City Hall, Council Chambers.
7 Substantive:
8 3. Site/Proposal Description. The Applicant requests approval of a
9 preliminary plat for a 20-lot single-family residential subdivision of a 4.43-acre parcel
located on the north side of SE 304th St., between 116th Ave. SE and 118th Ave. SE.
10 The application includes a modification request to waive the requirements of ACC
17.14.090(D), which requires corner lots to be platted five feet wider than required by
11 the zoning ordinance. The proposed lots range in size from approximately 4,557 sq. ft.
12 to 9,858 sq. ft. Roadways to be constructed include the new on-site roadway extending
northerly from SE 304th St. for a distance of approximately 465 ft. and ending in a cul-
13 de-sac. Utility lines will be extended within the on-site public street and private
access/utility tracts to serve the lots. Two critical areas tracts are proposed to contain
14 the on-site wetlands and buffers and one stormwater management tract.
15 4. Characteristics of the Area. The subdivision is surrounded by property on
16 the north,east and west with single family home development on property zoned R-15.
The property to the south is zoned P-1, Public Use, and is developed with Hazelwood
17 Elementary.
18 5. Adverse Impacts. As conditioned, there are no significant adverse impacts
19 associated with the proposal. A Determination of Non-Significance (DNS) was issued
under City File No. SEP19-0008 on November 27, 2019. Pertinent impacts are
20 addressed as follows:
21 A. Critical Areas. The proposal will not significantly affect critical areas. The
only critical areas identified for the project site are wetlands and a critical
22 aquifer recharge area. Three wetlands (Wetlands A, B, and C) have been
23 identified on the site in the Applicant's Critical Areas Report, Exhibit 7.
The wetlands have been rated as Category IV wetlands which have a
24 minimum buffer of 25 ft. per the City's critical areas regulations, Chapter
16.10 ACC. Wetlands A(approx. 8,266 sq. ft.)and B (approx. 1,212 sq. ft.)
25 and their buffers will be placed within critical areas tracts for permanent
preservation (Tracts B and C). A portion of Wetland A (approx. 1,425 sq.
Preliminary Plat p. 2 Findings, Conclusions and Decision
ft.) will be filled in order to construct the required improvements to SE
1 304th St.
2 Wetland C (approx. 158 sq. ft.) is proposed to be filled and compensated for
3 on-site by expanding Wetlands A and B. Under City critical area
regulations, a mitigation plan is required to be prepared and reviewed, and
4 is required to be approved by the City prior to authorization of any
disturbance of critical areas. Access to the Tracts for inspections and
5 monitoring is provided by the proposed Road A.The Applicant has received
6 approval from the Army Corps of Engineers for the proposed wetland fill
(Exhibit 12).
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For the aquifer recharge area, the site is located within Groundwater
8 Protection Zone 4, the least stringent classification. Therefore no impacts
are anticipated that cannot be mitigated by utilizing Best Management
9 Practices(BMPs), which are required during civil review.
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6. Adequacy of Infrastructure and Public Services. The proposal will be served by
ii adequate and appropriate public infrastructure. Preliminary infrastructure design has
already been evaluated by the City's Public Works staff and found to be in compliance
12 with City standards. Final design for streets, sidewalks, storm drainage facilities, and
sewer mains will be required to meet the City's Design Standards during engineering
13 review and to meet and implement those standards prior to final plat approval. These
14 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
15 and services:
16 A. Water. The site is located within the City's water service area.Adequate water
17 service will be provided for the proposal. Water will be extended from the
existing 20-in. water main in SE 304th St. within Road A and Tract D to serve
18 each lot(a total of 680 LF of water main).
19 B. Sewer. The site is located within the City's sewer service area.Adequate sewer
service will be provided for the proposal. Sewer will be extended from the
20 existing 8-in. sewer main in SE 304th St. within Road A and Tract D to serve
21 each lot (a total of 692 LF of sewer main).
22 C. Transportation. As mitigated the proposal provides for adequate and
appropriate on and off-site transportation facilities. The proposal will be
23 required to construct streets per ACC, Chapter 12.64A ACC `Required Public
Improvements', the City's Engineering Design Standards, and the
24 Comprehensive Transportation Plan. Two private access roads (within Tracts
25 D & E) will be constructed off of the west side of the cul-de-sac. Tract D will
provide access for Lots 9-12 and 17-18. Details of the road improvements,
which are consistent with the City of Auburn (Engineering) Design Standards
COADS, are shown on the preliminary civil drawings (Exhibit 6). With the
Preliminary Plat P. 3 Findings, Conclusions and Decision
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construction of Road A into the site and the completion of the half street
1 improvements along the site's frontage of SE. 304th St. the City's
2 Transportation Division finds that there will be no decrease in the road network
level of service (LOS) standard. Additionally, each new residence will be
3 required to pay a traffic impact fee at the time of building permit issuance that
is designed to pay the proposal's proportionate share of traffic mitigation to the
4 City's street system.
5 D. Schools. Adequate and appropriate provisions are made for schools and
6 walking conditions to and from school. The site is located within the Auburn
School District boundary. Per the Applicant, students within the Project will
7 attend: 1) Hazelwood Elementary School; 2) Rainier Middle School, and 3)
Auburn Mountainview High School. Students will walk to both Hazelwood and
8 Rainier. High school students will walk to Rainier where they will ride a shuttle
to Auburn Mountainview. To get to the schools, students will walk east along
9 SE 304th St. to the existing crosswalk at 118th Ave. SE. The sidewalk along
10 SE 304th St.will also be extended off-site to the crosswalk.The Auburn School
District was provided with the public notice but did not provide a response.
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E. Parks and Open Space. Adequate and appropriate provision are made for parks
12 and open space as the proposal complies with all applicable requirements. The
13 Project is not subject to any park dedication, open space, or clustering
requirements under Title 18 `Zoning' or Title 17 'Land Adjustments and
14 Divisions'. Two open space tracts for critical areas purposes will, however, be
provided within the Project. Park Impact Fees will be paid at the time of
15 building permit issuance (currently $3,500.00 per unit). There are no formal
parks within %2 mile of the site, however, informal recreational opportunities
16 are available in the area including the combined Hazelwood Elementary /
17 Rainier Middle school site across SE 304th St. and the critical areas tracts
within the project site.
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F. Police and Fire Protection. Police and fire services will be provided by the
19 Valley Regional Fire Authority and the City of Auburn Police Department. Fire
impact fees imposed during building permit review will mitigate demand placed
20 on fire services and facilities.
21 G. Stormwater. The proposal will be served by adequate and appropriate
22 stormwater facilities and drainage ways. The Applicant has proposed a
preliminary design that staff have determined is consistent with the City's
23 stormwater standards. There is an existing drainage way along the western
property line that was installed by King County prior to annexation into the City.
24 This drainage way is for stormwater conveyance and is not a regulated critical
25 area. This drainage way is proposed to be removed and hard-lined into the
stormwater system for the proposal. Stormwater management will be evaluated
and finalized through the civil plan review process. Stormwater runoff from the
proposal will be treated and detained in a stormwater pond located in the
Preliminary Plat p. 4 Findings, Conclusions and Decision
southwest corner of the site located in Tract A and dispersed into the wetland
1 buffers, consistent with the SWMMWW and Auburn Supplements.
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3 CONCLUSIONS OF LAW
4 Procedural:
5 1. Authority of Hearing Examiner. ACC 17.10.050 grants the Hearing
6 Examiner with the authority to review and make a final decision on preliminary plat
applications. ACC 17.18.010 authorizes the Hearing Examiner to waive requirements
7 of Chapter 17.14 ACC upon concurrence of the City Engineer. The administrative
record does not identify whether the City Engineer concurs with the modification
8 request so that is made a condition of approval.
9 Substantive:
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2. Zoning and Comprehensive Plan Designation. The site is zoned R- 5 and
11 its Comprehensive Plan map designation is Single-Family Residential.
12 3. Review Criteria and Application/Modification Approved. ACC 17.06.070
13 governs the criteria for preliminary plat approval. ACC 17.18.030 governs the criteria
for plat modifications. The findings and conclusions supporting compliance with the
14 modification criteria as detailed in pages 16-19 of the staff report are adopted by this
reference and the modification request is approved subject to concurrence by the City
15 Engineer. Relevant criteria for the preliminary plat application are quoted below in
italics with corresponding conclusions of law.
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17 Preliminary Plat Standards:
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ACC 17.07.070(A): Adequate provisions are made for the public health, safety and
19 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
20 grounds.
21 4. As identified in Finding of Fact No. 5 and 6, the proposal as mitigated and
22 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
23 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
24 made for the public health, safety and welfare.
25 ACC 17.07.070(B): Conformance of the proposed subdivision to the general purposes
of the Comprehensive Plan.
Preliminary Plat P. 5 Findings, Conclusions and Decision
5. The proposal is consistent with the Comprehensive Plan for the reasons identified
1 in Pages 10-12 of the staff report.
2 ACC 17.07.070(C): Conformance of the proposed subdivision to the general purposes
3 of any other applicable policies or plans that have been adopted by the City Council.
4 6. Staff have determined that the proposal is consistent with the policies of the
Comprehensive Plan including the City of Auburn Capital Facilities Plan,
5 Comprehensive Transportation Plan, and the Parks, Recreation and Open Space Plan.
6 There is no reasonable basis for concluding to the contrary and the proposal is found to
conform to applicable City policies.
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ACC 17.07.070(D): Conformance of the proposed subdivision to the general purposes
8 of the Land Division Ordinance as enumerated in ACC Section 17.02.030.
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ACC 17.02.030: The purpose of this title is to regulate the division of land lying within
10 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
l 1 established by the state and the city, and to:
12 A. Prevent the overcrowding of land;
B. Lessen congestion and promote safe and convenient travel by the public on
13 streets and highways;
14 C. Promote the effective use of land;
D. Provide for adequate light and air;
15 E. Facilitate adequate provision for water, sewerage, drainage, parks and
recreational areas, sites for schools and school grounds, and other public
16 requirements;
17 F. Provide for proper ingress and egress;
G. Provide for the expeditious review and approval of proposed land divisions
18 which comply with this title, the Auburn zoning ordinance, other city plans,policies
and land use controls, and Chapter 58.17 RCW;
19 H. Adequately provide for the housing and commercial needs of the citizens of
the state and city;
20 1. Require uniform monumenting of land divisions and conveyance by accurate
21 legal description;
J. Implement the goals, objectives and policies of the Auburn comprehensive
22 plan;
K. Prevent or abate public nuisances.
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7. The proposal is consistent with the purposes of the Land Division Ordinance as
24 enumerated above. The roads designed for the proposal are safely designed to meet
25 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 and wetland tracts provides for adequate light and air. The proposal does
not result in overcrowding as it proposes a density authorized for the R5 zone. As
Preliminary Plat p. 6 Findings, Conclusions and Decision
previously discussed, the proposal is consistent with and implements the Auburn
I Comprehensive Plan. As previously determined the proposal is adequately served by
2 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
3 recording of final plats, provides for uniform monumenting and conveyance by
accurate legal description.
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ACC 17.07.070(E): Conformance of the proposed subdivision to the Auburn Zoning
5 Ordinance and any other applicable planning or engineering standards and
6 specifications as adopted by the City.
7 8. The proposal is in conformance with all development standards as applicable at this
stage of review. The Applicant proposes 20 lots, which as noted in Finding No. 3 of
8 the staff report is within the required range of 18 to 22 lots authorized for the project
site. In the R-5 zone the minimum lot size is 4,500 square feet and all proposed lots
9 are 4,557 square feet in area or larger. Compliance with most of the other zoning
10 standards and all building code standards, will be implemented during building permit
review. Public works staff have determined that the preliminary design for plat
11 infrastructure meets applicable engineering, public works and stormwater standards.
12 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
13 effect upon the quality of the environment.
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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.
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DECISION
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21 The proposed preliminary plat complies with all applicable requirements for the reasons
identified above and is approved, subject to the following conditions of approval:
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1. The Plat Modification request to reduce the minimum lot width for the three
23 corner lots (Lots 13, 16, and 19) from 55 ft. to 50 ft. is approved, subject to
documented concurrence of the City Engineer as required by ACC 17.18.O10A.
24 2. A final wetland buffer enhancement (mitigation) plan for Tracts B and C and the
25 on-site wetlands and buffers shall be prepared and submitted with the civil (FAC)
plans and consistent with Chapter 16.10 ACC.
The wetlands and their associated 25-ft. buffers shall be placed in separate tracts
Preliminary Plat P. 7 Findings, Conclusions and Decision
in which development is prohibited and protected by execution of an easement
1 dedicated to the City. The easement shall grant the City access to on-site
2 mitigation areas for the purposes of monitoring, maintaining, preserving, and
enhancing the on-site wetlands and associated buffer areas,but not the obligation
3 to do so. The location and limitations associated with the wetlands and their
buffers shall be shown on the face the final plat.
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The plan shall also ensure that areas within the critical areas tracts that are
5 disturbed during the civil construction process will need to be restored; a planting
6 /restoration plan shall be included with the FAC submittal.
3. A means of access for inspections and monitoring of the critical areas and their
7 buffers within Tracts C and E(critical areas tracts) shall be designed and included
with the FAC drawings, as reviewed and approved by the City. A note shall be
8 included on the Final Plat indicating as such.
4. A note shall be placed on the Final Plat that the Homeowner's Association, and
9 it's heirs and successors (HOA), shall be responsible for ownership and
10 maintenance of the critical areas Tracts B and C and that there shall not be removal
of any vegetation without prior City approvals.
11 5. Fencing shall be placed around the perimeter of the critical area buffers consistent
with Chapter 16.10 ACC. Maintenance of the fencing shall be the responsibility
12 of the HOA.
13 6. 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
14 Department of Ecology for a General Storm Permit, as required for all projects
over 1 acre in size.
15 7. Fencing shall be provided around the perimeter of the stormwater pond, the
location of which to be reviewed and determined during the FAC review and
16 consistent with current City standards.
17 8. To ensure safe access for maintenance of the stormwater pond (Tract A), the
access road shall include the following elements, to be included with the FAC
18 submittal:
a. The road will be one-way with the"in"access from Road A.
19 b. A gate will be required at the entrance and exit. The gate at the entrance needs to
be setback a sufficient amount for the service vehicle to not impede traffic. The
20 exit gate on SE 304" St. needs to be set at the back of the sidewalk and open into
the site.
21 c. A sight distance analysis is needed for the exit onto SE 304' St.
22 d. The first 20 ft. behind the sidewalk at the exit needs to be paved to prevent track-
out
23 e. A turning template needs to be included which shows the service vehicle able to
exit the site and not cross the centerline of SE 304" St.
24 9. As part of the civil plans,a landscaping plan for the publicly dedicated stormwater
25 pond (Tract A) shall be provided for City review and approval. The type and
location of landscaping shall be coordinated with the location and type of fencing
installed in the stormwater tract. The stormwater tract landscaping design must
meet all applicable vehicle sight distance requirements.
Preliminary Plat p. 8 Findings, Conclusions and Decision
10. A note shall be placed on the Final Plat indicating that the HOA shall be
1 responsible to regularly maintain those portions of the stormwater pond (Tract A)
2 outside of the fenced perimeter of the stormwater pond,as determined by the City
Engineer. Additionally, the Covenants, Conditions, and Restrictions (CC&Rs)
3 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
4 maintenance.
11. The Final Plat shall indicate if the property owner(s) or the HOA is responsible
5 for maintenance of the storm drainage system dispersion areas. Access to these
6 areas for maintenance shall be shown/indicated on the FAC plans and contained
on the Final Plat.
7 12. Low impact development (LID) stormwater facilities are proposed within
portions of the Tracts B and C (critical areas tracts) including but not limited to
8 dispersion trenches and associated flow areas. An Operation and Maintenance
Manual shall be prepared by the Design Engineer, reviewed by the Wetland
9 consultant, and utilized by the HOA. A Stormwater Maintenance and Easement/
10 Agreement will be on the Final Plat to ensure maintenance of the LID facilities
13. Prior to City approval of the construction plans under the FAC, the plans shall
11 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
12 Parking" around the entire perimeter. Posting shall be in accordance with ACC
13 and City of Auburn Engineering Design Standards.
14. Any significant trees within the critical areas tracts should be retained to the fullest
14 extent possible. In the event significant trees are removed a replanting plan, that
provides for replacement at a ratio commensurate with the tree(s) diameter at
15 breast height (DBH), should be developed as part of the civil plan review and
approval.
16 15. If at the time of Final Plat application, the nature and location of the depicted
17 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
18 SHORT PLAT similar to the following example:
19 SURVEY DISCREPANCY NOTE:
EXISTING FENCES, RETAINING WALL AND ROCKERY HAVE BEEN
20 SHOWN PURSUANT TO RCW 58.17.255 AND SHALL BE DISCLOSED IN
21 THE TITLE REPORT PREPARED BY THE TITLE INSURER AND ISSUED
AFTER THE FILING OF THIS PLAT
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16. Tracts D and E are private access and utility tracts and will be owned and
23 maintained by the HOA. A note shall be placed on the Final Plat that the HOA is
responsible for maintenance including associated retaining walls, walkways,
24 signage, and other associated features.
25 17. Lot driveways shall be constructed using permeable pavement per the storm
drainage system proposed in the Preliminary Storm Drainage Report(Exhibit 8).
18. If groundwater is encountered during construction in the proposed detention pond
that appears that it will impact the live storage capacity of the detention pond,the
Preliminary Plat P. 9 Findings, Conclusions and Decision
City of Auburn will stop construction and require redesign of the facility as
1 necessary to account for observed groundwater. Depending on the groundwater
2 seepage rates encountered, elevation observed, the time of year or other possible
factors involved, construction may not commence again until updated civil plans
3 showing a revised pond design is prepared, submitted, and approved by the City
of Auburn.
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5 DATED this 5th day of January 2020.
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c _'�
7 Phi A. Olbrechts
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City of Auburn Hearing Examiner
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10 Appeal Right and Valuation Notices
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This decision is final subject to appeal to superior court as governed by Chapter 36.70C
12 RCW.
13 Affected property owners may request a change in valuation for property tax purposes
14 notwithstanding any program of revaluation.
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Preliminary Plat p. 10 Findings, Conclusions and Decision