HomeMy WebLinkAboutHE PLT16-0006 Robbins Plat 2D,5
BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
2
Phil Olbrechts, Hearing Examiner
3
RE: Robbins Preliminary Plat
4
5 Preliminary Plat FINDINGS OF FACT, CONCLUSIONS
OF LAW AND FINAL DECISION
6
File Nos. PLT16-0006
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8
9 OVERVIEW
10 The Applicant requests approval of a preliminary plat for a 31-lot single-family
residential subdivision of a 6.2-acre parcel located on 56th Ave S. west of the
11 intersection of 56th Ave. S and S 322nd PI. The application includes a deviation
12 request to engineering design standards that require a minimum of 250 feet between
intersections to 194 feet. The plat and deviation requests are approved subject to
13 conditions.
14 ORAL TESTIMONY
15 Note: This hearing summary is provided as a courtesy to those who would benefit from
16 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
17 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
18 significant to his decision. Findings of Fact and Conclusions of Law are issued in
separate sections of this decision.
19
20 Alexandria Teague, planner for City of Auburn, summarized the staff report. Ms.
Teague introduced Ex. 18, which is a staff recommended modification to the wording
21 of staff recommended Condition No. 3. Condition No. 3 specifies the type of modeling
required to assess what stormwater facilities needed for the proposal. The added
22 wording gives the City Engineer the authority to approve alternative types of modeling,
although the modeling currently specified in Condition No. 3 is the City's preferred type
23 of modeling. In response to Examiner questions, Ms. Teague responded that some
24 surrounding properties are on septic and some are not. It's difficult for the City to
ascertain precisely what properties are on septic since a separate entity, the Lakehaven
25 Water and Sewer District,serves the area. Ms.Teague didn't know yet if the sewer line
extension to the project would be subject to a latecomer's agreement. A sewer main
will have to be extended 965 feet to serve the site.
Preliminary Plat p. 1 Findings, Conclusions and Decision
In response to Examiner questions regarding the focus of deviation review, City of
1 Auburn Traffic Engineer James Webb noted that the City found no adverse impacts
2 associated with the deviation request given the small scale of development, the small
number of trips and the small amount of traffic on 322nd avenue.
3
Kevin Creegen, neighbor, inquired about whether extension of the sewer line would
4 adversely affect currently existing water lines. He noted he lives adjacent to the
proposed water retention pond. He's on septic and was wondering how the water in the
5 retention pond was going to be released.
6 Steve Sturza, Auburn Development Review Engineer, noted that Lakehaven will be
7 providing both sewer and water service. Lakehaven is subject to the same development
standards as the City and there is no minimum separation requirement between sewer
8 and water lines. The proposed stormwater pond will discharge water through an
underground pipe via an easement over adjoining property to the south and that pipe
9 will discharge into a ditch on the north side of 324th. Mr. Creegen noted that the 324th
10 ditch is in front of his property and he was concerned about the capacity of the ditch to
handle discharge from the project. Mr. Sturza noted that a full study of all water sources
11 in the drainage basin was assessed to determine whether the ditch had adequate capacity.
12 Adam Paul, Applicant's engineer, noted that run off from upstream development
identified by Mr. Creegen was taken into account in assessing the capacity of the 324th
13 ditch. One of the purposes of the proposed stormwater pond is to restrict and slow the
14 discharge rate from the project site so that the total discharge rate from the project site
isn't in excess of vacant, forested conditions. Mr. Paul stated that the Applicant will be
15 working closely with the Lakehaven Water and Sewer District to ensure that there is
appropriate separation between the extended sewer main and existing water lines,which
16 could include re-routing the sewer main as necessary to avoid conflicts with the water
lines.
17
18 EXHIBITS
19 The 14 exhibits identified at page 23 of the December 2,2019 staff report were admitted
into the record during the December 18, 2019 public hearing. The following exhibits
20 were also admitted into the record during the hearing:
21 Exhibit 15: Staff Power Point.
22 Exhibit 16: 12/3/19 email from Jasmine
Exhibit 17: 12/18/19 Email from Crystal and Kelly McHale; 12/17/19 email
23 from Donald Williamson; 12/17/19 email from Jasmine; 12/17/19
email from Penni Cocking
24 Exhibit 18: Modified Condition No. 3
25
FINDINGS OF FACT
Preliminary Plat p. 2 Findings, Conclusions and Decision
Procedural:
1
2 1. Applicant. Mark and Kyla Robbins, 32235 56th Ave. S, Auburn, WA
98001.
3
2. Hearing. A hearing was held on the application on December 18, 2019 at
4 5:30 pm at Auburn City Hall, Council Chambers.
5 Substantive:
6 3. Site/Proposal Description. The Applicant requests approval of a
7 preliminary plat for a 31-lot single-family residential subdivision of a 6.2-acre parcel
located on 56th Ave S. west of the intersection of 56th Ave. S and S 322nd Pl. The
8 proposed lots will range from 4,568 square feet to 23,331 square feet in area. The plat
will extend a new public road (S 323rd St.) approximately 363 feet west of 56th Ave.
9 S and terminate in a cul-de-sac, and three (3) new private combined access and utility
10 tracts (Tracts B, C, and D) will extend from the new public road. One lot with an
existing house will continue to take access off of 56th Ave. S. Lakehaven Water and
11 Sewer District ("Lakehaven") utility lines will be extended to and through the site to
serve each lot. Stormwater will be managed on site via a public stormwater pond
12 (located within Tract A).
13 The proposal also includes a deviation request from Section 10.04.1.1 of the City of
14 Auburn Engineering Design Standards (COADS) to reduce the intersection spacing
between the new intersection of S 323rd St. and 56th Ave. S and the existing the
15 intersection of S 322nd Pl. and 56th Ave. S from 250 ft. to 194 ft.. (City File No.
DEV 17-0015, Exhibit 12). The City Engineer has reviewed the Deviation request and
16 justification and recommends approval (Exhibit 13).
17 4. Characteristics of the Area. The subdivision is surrounded by property on
18 all sides single-family residences on property zoned R-5. Immediately surrounding
development is at a much lower density than that proposed as depicted in the maps on
19 pages 2 and 4 of the staff report.
20 5. Adverse Impacts. As conditioned, there are no significant adverse impacts
21 associated with the proposal. A Determination of Non-Significance (DNS) was issued
under City File No. SEP16-0020 on July 18, 2019. Pertinent impacts are addressed as
22 follows:
23 A. Critical Areas. The only critical areas on site is an aquifer recharge area.
Per the City's and King County iMap's critical area inventory mapping
24 system, no wetlands, streams, priority habitat areas, or state or federal
25 candidate threatened or endangered plant or animal species are identified on
the site. For the aquifer recharge area, the site is located within
Groundwater Protection Zone 4, the least stringent classification.Therefore
Preliminary Plat P. 3 Findings, Conclusions and Decision
no impacts are anticipated that cannot be mitigated by utilizing Best
1 Management Practices(BMPs),which are required during civil review.
B. Compatibility. Several comment letters expressed concern over increasing
3 population of the West Hill area. As shown in the zoning and street layout
maps of the staff report, the lots adjoining the project area are much larger
4 than those proposed, but many subdivisions with lots comparable to those
proposed are encroaching into the West Hill area. In terms of density,what
5 is considered to be compatible for the West Hill area has been set by the
City Council in its adoption of minimum and maximum permitted densities
6
for the R-5 zoning district. As identified in Finding No.3 of the staff report,
7 the number of lots authorized for the project site in the R-5 zone under the
density range authorized for the R-5 zone (4-5 lots per acre) is 25-31 lots.
8 Since the 31 proposed lots is within this range, in terms of density the
proposal must be considered compatible with surrounding uses.
10 C. Trees. Several comment letters expressed concern over loss of tree canopy.
11 The staff report notes that tree canopy covers approximately 2.2 acres of the
project site. The City has not adopted any tree retention ordinance. To
1 mitigate the loss of tree canopy, Condition No. 11, recommended by staff
and adopted by this decision, requires the Applicant to put together a tree
13 replacement plan that requires the planting of one tree per residence. The
Applicant has not objected to this condition. In the absence of a tree
14 retention ordinance, Condition No. 11 serves as a reasonable measure to
15 mitigate for the loss of trees while not unduly hindering development at the
densities required by the City Council. The courts are very strict in
16 requiring that developers can only be required to mitigate impacts they
create and that the City has the burden of proving the need for the
1 7 mitigation. See Citizens'Alliance v. Sims, 145 Wn. App. 649 (2008)(King
18 County ordinance placing limits on amount of clearing authorized for
development invalidated because County failed to prove that clearing
19 limitations were necessary to mitigate impacts of development). Due to
cases such as Citizen's Alliance, the City would be hard-pressed to defend
20 any tree retention requirements more onerous than those recommended by
staff.
21
22 6. Adequacy of Infrastructure and Public Services. The proposal will be served by
adequate and appropriate public infrastructure. Preliminary infrastructure design has
23 already been evaluated by the City's Public Works staff and found to be in compliance
with City standards. Final design for streets, sidewalks, storm drainage facilities, and
24 sewer mains will be required to meet the City's Design Standards during engineering
review and the Applicant will be required to meet and implement those standards prior
25 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:
Preliminary Plat p. 4 Findings, Conclusions and Decision
1 A. Water. The project site is served by the Lakehaven Water and Sewer District,
2 which has issued a water availability certificate for the project.
3 B. Sewer. The project site is served by the Lakehaven Water and Sewer District,
which has issued a sewer availability certificate for the project.
4
C. Transportation. As mitigated the proposal provides for adequate and
5 appropriate on and off-site transportation facilities. The project will be required
6 to construct streets per ACC, Chapter 12.64A ACC "Required Public
Improvements," the City's Engineering Design Standards, and the
7 Comprehensive Transportation Plan. The City's Transportation division has
evaluated the plat and with the construction of S 323rd St. and the half-street
8 improvements to 56th Ave. S, the Transportation Division finds that there will
be no decrease in the road network level of service (LOS) standard.
9 Additionally, each new residence will be required to pay the traffic impact fee
10 in effect at time of building permit issuance, which is designed to pay the
project's fair share of demand impacts to the City's street system. The
11 Applicant will also be required to construct the following road improvements:
12 a. Half-street improvements in accordance with Chapter 12.64A ACC to
13 the Site's frontage on 56th Ave. S.
b. Based on the City's Comprehensive Transportation Plan, Functional
14 Roadway Classification Map, the new public road, S 323rd St., will be
a"Local Residential"street. S 323rd St.will extend westerly off of 56th
15 Ave. S. S. 323rd St. will consist of full street improvements meeting
"local residential" standards, and terminating in a cul-de-sac. The full
16 street improvements include a full-width paved roadway (28 ft.), curb,
17 gutter, sidewalks, street lighting, stormwater controls, and landscape
strips. Parking will be allowed on the south side of the road. Lots No.
18 12-27 and 30 will take access from this road.
c. Tract B is a private access and utility tract featuring a paved roadway
19 with a width of 20 ft. and a 5-ft. sidewalk on one side (minimum tract
width is 25.5 feet). Two lots (Lots 28 and 29)will take access from this
20 private access tract. The tract will be marked "No Parking" on both
21 sides. Tract B will be owned and maintained by the HOA.
d. Tract C is a private access and utility tract featuring a paved roadway
22 with a width of 20 ft. and a 5-ft. sidewalk on one side (minimum tract
width is 25.5 feet). Six lots (Lots 1-5 and 8) will take access from this
23 private access tract. Tract C features an emergency vehicle turnaround.
The tract will be marked "No Parking" on both sides. Tract C will be
24 owned and maintained by the HOA.
25 e. Tract D is a private access and utility tract featuring a paved roadway
with a width of 20 ft. and a 5-ft. sidewalk on one side (minimum tract
width is. 25.5 feet). Five lots (Lots 6-7, 9-10, and 11) will take access
from Tract D. Tract D features an emergency vehicle turnaround. The
Preliminary Plat P. 5 Findings, Conclusions and Decision
tract will be marked"No Parking"on both sides.Tract D will be owned
1 and maintained by the HOA.
2 f. Pedestrian access will be provided throughout the plat.Each access tract
will feature a 5-ft. sidewalk on one side. Both sides of the new road, S
3 323rd St., will feature a 5 ft. sidewalk. A sidewalk on 56th Ave. S will
be provided along the project frontage.
4
One public comment letter asserted that the proposal should include road
5 stubs/connections to provide connectivity to adjoining subdivision
6 development. Unfortunately, the City is legally barred from requiring the
developer to forfeit land for such connections unless the City can establish that
7 such road connections will be necessary in the reasonably foreseeable future.
Burton v. Clark County, 91 Wn. App. 505 (1998), known as the "road to
8 nowhere"case, invalidated a road stub requirement under constitutional takings
law for a subdivision because the County failed to show that the road stub
9 would connect to a road within the foreseeable future.
10 D. Schools. Adequate and appropriate provisions are made for schools and
11 walking conditions to and from school. The proposal is located within the
Auburn School District. Per the Applicant, students within the proposal will
12 attend: 1) Evergreen Heights Elementary School; 2) Cascade Middle School,
and 3) Auburn High School. Students will be bussed from a bus stop located
13 near the intersection of 322nd Pl. and 56th Ave. S to their respective schools.
14 Students will travel through the project site to 56th Ave. S, via the new public
road(S 323rd St.),where they will walk north to S 322nd St.and cross the street
15 to the bus pickup spot. Sidewalks along the internal access tracts and S. 323rd
St. along with the sidewalks required for project frontage along 56th Ave S.
16 will provide for safe walking conditions all the way to the bus stop. This
17 information was provided from the Auburn School District(Exhibit 14).
18 E. Parks and Open Space. Adequate and appropriate provision are made for parks
and open space as the proposal complies with all applicable requirements. The
19 proposal is not subject to any park dedication, open space, or clustering
requirements under Title 18 `Zoning' or Title 17 'Land Adjustments and
20 Divisions'. Park Impact Fees will be paid at the time of building permit
21 issuance(currently $3,500.00 per unit). The closest City park is"West Auburn
Lake" (located north of the intersection of S 322nd P1. and 58th Ave. S). West
22 Auburn Lake is approximately 9.25 acres in size, features a walking trail, and
is less than half a mile away from the Site (reference image below). West
23 Auburn Lake is one of only two naturally occurring lakes or ponds in the City.
The property was acquired by the City as a natural area and provides passive
24 recreational opportunities.
25 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
Preliminary Plat p. 6 Findings, Conclusions and Decision
the City of Auburn Police Department. Fire impact fees imposed during
1 building permit review mitigate demand placed on fire services and facilities.
2
3 G. Stormwater. The proposal will be served by adequate and appropriate
stormwater facilities and drainage ways. The design and construction of the
4 stormwater facilities will be required to meet the City's adopted Department of
Ecology Stormwater Management Manual for Western Washington
5 (SWMMWW)and City of Auburn supplements. The Applicant has proposed a
preliminary design that is centered upon a stormwater pond located in Tract A.
6 Water from Tract A will be discharged to a public conveyance system located
7 in S 324th St. Public Works staff have determined the preliminary design is
consistent with the City's stormwater standards. One comment letter identified
8 that the project area is flood prone. All that can legally be required of the
Applicant is that the project not make the flooding worse, and the City's
9 stormwater regulations prevent the project from exacerbating flood conditions.
The standards require that off-site stormwater flows generated by the proposal
10 not be more than those generated by undeveloped, forested on-site conditions.
11 The Applicant's proposed stormwater facility is designed to meet this standard.
12
CONCLUSIONS OF LAW
13
Procedural:
14
15 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
16 applications. ACC 17.18.010 authorizes the Hearing Examiner to waive requirements
of the City's design or construction standards upon concurrence of the City Engineer.
17 The City Engineer concurs in granting the requested deviation from Section 10.04.1.1
18 of the Engineering Design Standards as identified in Ex. 13,so final approval authority
is granted to the Examiner.
19
Substantive:
20
2. Zoning and Comprehensive Plan Designation. The site is zoned R- 5 and
21 its Comprehensive Plan map designation is Single-Family Residential.
22 3. Review Criteria and Application/Modification Approved. ACC 17.06.070
23 governs the criteria for preliminary plat approval. ACC 17.18.030 governs the criteria
for engineering standard deviations. The findings and conclusions supporting
24 compliance with the deviation criteria as detailed in Ex. 13 are adopted by this reference
and the deviation request is approved. Relevant criteria for the preliminary plat
25 application are quoted below in italics with corresponding conclusions of law.
Preliminary Plat Standards:
Preliminary Plat P. 7 Findings, Conclusions and Decision
1
2 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,
3 water supplies, sanitary wastes, parks, playgrounds and sites for schools and school
grounds.
4
4. As identified in Finding of Fact No. 5 and 6, the proposal as mitigated and
5 conditioned is adequately served by all public services and utilities required in the
6 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
7 conjunction with adequate public facilities, it is concluded that adequate provision is
made for the public health, safety and welfare.
8
ACC 17.07.070(B): Conformance of the proposed subdivision to the general purposes
9 of the Comprehensive Plan.
10 5. The proposal is consistent with the Comprehensive Plan for the reasons identified
11 in Pages 13-16 of the staff report.
12 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
13 Council.
14
6. Staff have determined that the proposal is consistent with the policies of the
15 Comprehensive Plan including the City of Auburn Capital Facilities Plan,
Comprehensive Transportation Plan, and the Parks, Recreation and Open Space Plan.
16 There is no reasonable basis for concluding to the contrary and the proposal is found to
17 conform to applicable City policies.
18 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.
19
ACC 17.02.030: The purpose of this title is to regulate the division of land lying within
20 the corporate limits of the city, and to promote the public health, safety and general
21 welfare and prevent or abate public nuisances in accordance with standards
established by the state and the city, and to:
22
A. Prevent the overcrowding of land;
23 B. Lessen congestion and promote safe and convenient travel by the public on
streets and highways;
24 C. Promote the effective use of land;
25 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;
PreliminaryPlatp. Findings,8 Findin s, Conclusions and Decision
F. Provide for proper ingress and egress;
1 G. Provide for the expeditious review and approval of proposed land divisions
2 which comply with this title, the Auburn zoning ordinance, other city plans,policies
and land use controls, and Chapter 58.17 RCW;
3 H. Adequately provide for the housing and commercial needs of the citizens of
the state and city;
4 I. Require uniform monumenting of land divisions and conveyance by accurate
legal description;
5 J. Implement the goals, objectives and policies of the Auburn comprehensive
6 plan;
K. Prevent or abate public nuisances.
7
7. The proposal is consistent with the purposes of the Land Division Ordinance as
8 enumerated above. The roads to be constructed for the proposal are designed to safely
meet traffic demand and sidewalks on both sides of the internal street promote
9 pedestrian safety. Applicable zoning setbacks and lot coverage standards in
10 conjunction with the stormwater and wetland tracts provide for adequate light and air.
The proposal does not result in overcrowding as it proposes a density authorized for
11 the R5 zone. As previously determined the proposal is adequately served by all
essential public facilities as determined in Finding of Fact No. 6 and is consistent with
12 the comprehensive plan. The subdivision process, with the required surveying and
recording of final plats, provides for uniform monumenting and conveyance by
13 accurate legal description.
14
ACC 17.07.070(E): Conformance of the proposed subdivision to the Auburn Zoning
15 Ordinance and any other applicable planning or engineering standards and
specifications as adopted by the City.
16
17 8. The proposal is in conformance with the City's development standards as applicable
at this stage of review. The Applicant proposes 31 lots, which as noted in Finding No.
18 3 of the staff report is within the required range of 25 to 31 lots authorized for the
project site. In the R-5 zone the minimum lot size is 4,500 square feet and all proposed
19 lots are 4,568 square feet in area or larger. Compliance with most of the other zoning
standards and all building code standards, will be implemented during building permit
20 review. Public works staff have determined that the preliminary design for plat
21 infrastructure meets applicable engineering, public works and stormwater standards.
22 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
23 effect upon the quality of the environment.
24 9. As determined in Finding of Fact No. 5 there are no significant adverse impacts
25 associated with the proposal.
ACC 17.07.070(G): Adequate provisions are made so the preliminary plat will
prevent or abate public nuisances.
Preliminary Plat P. 9 Findings, Conclusions and Decision
1 10. As determined in Finding of Fact No. 5, there are no significant adverse impacts
2 associated with the proposal. Consequently, no public nuisance is anticipated.
3 DECISION
4 The proposed preliminary plat and deviation request complies with all applicable
requirements for the reasons identified above and is approved, subject to the following
5 conditions of approval:
6 1. The Applicant has requested a deviation for reduced intersection spacing
7 (City of Auburn Engineering and Design Standards 10.04.1.1) from 250 ft.
to 194 ft. for the proposed intersection of S 323`d St.and 56th Ave. S and the
8 existing the intersection of S 322nd PI. and 56th Ave. S. The City Engineer
supports and recommends the Hearing Examiner approve the request.
9 2. The pond retaining walls shown on the "Preliminary Civil Plans", AP
10 Consulting Engineers PLLC, dated October 22, 2019, shall be constructed
of minimum 3,000 psi structural reinforced concrete. The walls shall be
11 designed and stamped by a structural engineer licensed in the State of
Washington.
12 3. There is a trapezoidal pond element in the Western Washington Hydrology
Model (WWHM2012). This element must be used for sizing of the
13 detention pond with the Public Facilities Extension Agreement submittal,
14 unless the City Engineer or designee approves of an alternative method of
modeling, that clearly demonstrates that the control structure meets the
15 City's applicable stormwater standards
4. The maximum distance allowed from any part of a single-family residential
16 structure to the closest fire hydrant is 450 feet. With the Public Facilities
17 Extension Agreement submittal, the applicant must provide a Water
Availability Certificate and approved water utility plans from Lakehaven
18 Water and Sewer District to the Valley Regional Fire Authority meeting
the above standard for any proposed hydrant coverage. An NFPA 13D fire
19 prevention system must be installed in all residences that are located with
any portion of the home more than 450 ft. from a hydrant, regardless of the
20 size of the home. The City of Auburn minimum fire flow requirement for
21 residential occupancies less than 3,600 square feet is 1,000 GPM for 1 hour
outside the City of Auburn's water service area. For homes over 3,600
22 square feet the flow specified in the 2015 International Fire Code Appendix
B is required. The 13D residential sprinkler system can be used to mitigate
23 either fire-flow requirements or hydrant spacing as stipulated above (not
both).
24 5. It is unclear how vehicles will leave proposed Lots 5 and 6 without
25 potentially using the future(private)driveways of Lots 4,7,and 9. With the
Public Facilities Extension Agreement submittal the private access tracts
must be updated to clearly show this is avoided from occurring or provide
turning templates showing how the condition above is addressed.
Preliminary Plat p. 10 Findings, Conclusions and Decision
6. The applicant requested that the review of several engineering design
1 elements be deferred until the FAC submittal. Therefore, prior to approval
2 of the Public Facilities Extension Agreement the Project must conform to
all City of Auburn Engineering Design Standards, Code, and Standard
3 Details, and the Washington State Department of Ecology Stormwater
Management Manual for Western Washington (SWMMWW) and the City
4 of Auburn Supplements.
7. The Site is in the City's identified Groundwater Protection Zone 4. All
5 approvals and permits related to the Project and issued by the City shall be
6 consistent with best management practices (BMPs).
8. Prior to City approval of the construction plans under the Public Facilities
7 Extension Agreement, the plans shall show that appropriate portions of
public streets shall be posted no parking on the appropriate portions of the
8 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
9 in accordance with Auburn City Code and City of Auburn Engineering
10 Design Standards.
9. Prior to City approval of the construction plans under the Public Facilities
11 Extension Agreement, the applicant shall provide documentation of
application to the Washington State Department of Ecology for a General
12 Storm Permit, as required for all projects over 1 acre in size.
10. Prior to City approval of the construction plans under the approval Public
13 Facilities Extension Agreement, the applicant must obtain and provide
14 approved construction drawings from Lakehaven Water and Sewer District
for the construction of water and sewer lines.
15
11. With the Public Facilities Extension Agreement submittal, the Applicant
16 shall submit a tree replacement plan prepared by a qualified landscape
17 professional (ACC 18.50.060(A)). The purpose of the plan is to provide
partial replacement for the significant number of trees removed for the land
18 clearing, grading, and construction of the plat and shall generally provide
for one tree to be planted in the front yard of each lot; the species shall be
19 appropriate for the location/setting and include a coordinated species theme
throughout the Plat. The tree size and species shall be shown on the FAC
20 plans. The tree replacement plan shall address the method and timing of
21 installation at a minimum prior to final inspection of the house, appropriate
maintenance pruning consistent with maintenance standards of ACC
22 18.50.070(C) and must also show that root control barriers consistent with
manufacturer's specifications will be installed where the tree is located
23 within 10 feet of a hard surface (i.e. foundation/retaining wall, driveway/
walkway, and public sidewalk) or utility facility (i.e. water, sewer, or
24 power).
25 Additionally, prior to approval of the Final Plat Covenants, Conditions,and
Restrictions are to be reviewed by the City and shall also address this
Preliminary Plat p. 11 Findings, Conclusions and Decision
maintenance responsibility for the front yard trees by the future lot owner
1 or the HOA.
2 Additionally, prior to approval of the Final Plat, a note, acceptable to the
3 City, shall be included on the Final Plat referencing the approved tree
replacement plan, its method and timing of installation,appropriate pruning
4 consistent with maintenance standards of ACC 18.50.070(C), requirements
for installation of root control barriers and criteria for future tree removal
5 and replacement.
6 12. A note shall be placed on the Final Plat indicating that the Robbins Plat
Homeowner's Association and its heirs and successors shall maintain those
7 portions of the tracts containing stormwater ponds and specifically the
portions located outside the fenced pond boundaries, as determined by the
8 City Engineer. Additionally, the Covenants,Conditions,and Restrictions to
be reviewed by the City shall also address this maintenance responsibility.
9 13. Tracts B, C, and D are proposed to be private access and utility tracts and
10 will be owned and maintained by the Robbins Plat Homeowner's
Association (HOA). A note shall be placed on the Final Plat indicating that
11 the Robbins Plat HOA and its heirs and successors shall maintain Tracts B,
C, and D. Additionally, the Covenants, Conditions, and Restrictions to be
12 reviewed by the City shall also address this maintenance responsibility.
13 14. At FINAL PLAT application, if the nature and location of the depicted
occupation features remain unchanged and/or unresolved, then the
14 following"encroachment note"shall be placed on the face of the Final Plat:
15 "ENCROACHMENT NOTE: EXISTING ENCROACHMENTS HAVE
BEEN SHOWN PURSUANT TO RCW 58.17.255 AND SHALL BE
16 DISCLOSED IN THE TITLE REPORT PREPARED BY THE TITLE
17 INSURER AND ISSUED AFTER THE FILING OF THIS PLAT"
18
DATED this 6th day of January 2020.
19
20Phi A.Olbrcchts
21
22 City of Auburn Hearing Examiner
23
Appeal Right and Valuation Notices
24
This decision is final subject to appeal to superior court as governed by Chapter 36.70C
25 RCW.
Preliminary Plat p. 12 Findings, Conclusions and Decision
Affected property owners may request a change in valuation for property tax purposes
1 notwithstanding any program of revaluation.
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Preliminary Plat p. 13 Findings, Conclusions and Decision