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RESOLUTION NO. 4 5 6 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING A PRELIMINARY
PLAT APPLICATION TO SUBDIVIDE 10 ACRES INTO 30
LOTS AND THREE TRACTS FOR WETLANDS AND
BUFFERS, OPEN SPACE, AND UTILITIES WITH THREE
DEVIATION REQUESTS AND ONE PLAT MODIFICATION,
WITHIN THE CITY OF AUBURN, WASHINGTON
WHEREAS, Application No. PLT06-0008, dated November 13, 2006, has been
submitted to the City of Auburn, Washington, by Roger B. Gillette, requesting approval
of a preliminary plat application to subdivide 10 acres into 30 lots for future residential
development with three deviation requests and one plat modification, and three tracts
within the City of Auburn, Washington; and
WHEREAS, said request above was referred to the Hearing Examiner for study
and public hearing thereon; and
WHEREAS, following staff review, the Hearing Examiner conducted a public
hearing to consider said petition in the Council Chambers of the Auburn City Hall on
December 16, 2009, after which, on January 4, 2010, the Hearing Examiner made
Findings of Fact, Conclusions of Law and Recommendations in which the Hearing
Examiner recommended approval of the preliminary plat subject to conditions; and
WHEREAS, the City Council, at its meeting of February 1, 2010, considered and
affirmed the Hearing Examiner's recommendation for preliminary plat based upon said
Findings, Conclusions and Recommendations as amended.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON HEREBY RESOLVES as follows:
Resolution No. 4565
January 26, 2010
Page 1 of 10
Section 1. The Hearing Examiner's Findings, Conclusions and
Recommendations attached hereto as Exhibit "A" incorporated in this Resolution by this
reference, are hereby approved and adopted, except as noted herein below.
Section 2. The request for preliminary plat approval to subdivide 10 acres into
30 lots for future residential development, and open space, utility, and wetland tracts
within the City of Auburn, legally described in Exhibit "B" attached hereto and
incorporated herein by this reference, is hereby approved subject to the following
conditions:
GENERAL
1. Adequacy of infrastructure to the proposed subdivision is dependent upon
completion of infrastructure improvements upon three adjoining subdivisions
that are between preliminary and final plat approval. The adjoining
subdivisions are identified by preliminary plat approval as follows: Resolution
4021 for Kersey 3 Div. 1(PLT05-0001), Resolution 4024 for The Ridge At
Bowman Creek (PLT05-0002), and Resolution 4116 for Lakeland Hills
Estates (PLT05-0004). The subject application shall not be granted final plat
approval until the completion of the final plat approval of all three of the
adjoining subdivisions, and determination by the City Engineer that all
connecting infrastructure on the adjoining subdivisions has been completed
and accepted (to the extent acceptance is required) by the City, or an
alternative to completion and acceptance is provided that ensures adequate
infrastructure to serve the Forest Glen Plat to the satisfaction of the City
Engineer.
2. Plat boundary discrepancies as may arise shall be resolved to the satisfaction
of the City engineer prior to the submittal of the final plat documents. As used
in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary
or a physical appurtenance which indicates an encroachment, lines of
possession or a conflict of title. RCW 58.17.
3. A homeowners' association shall be established which clearly provides for
the ownership and continued maintenance of Open Space Tract B,
Wetland/Critical Area Tract C, and Maintenance of landscaping within the
Utilities and Drainage Pond(Tract A.
Resolution No. 4565
January 26, 2010
Page 2 of 10
4. Nothing in these conditions shall preclude completion of infrastructure
improvements by others. Should required off-site improvements be
completed by others, the applicant will be responsible for paying any required
pro rata share of the costs as may be established and approved by the City,
ACC 13.40.060.
ROADS
5. Road facilities shall be provided consistent with the City of Auburn Design
Standards and the conceptual road system design layout per Exhibit 3. To
provide road access to the existing external road network substantial new
infrastructure improvements are required including the completion and
acceptance of the road infrastructure required to serve the Kersey 3 Division
1A, The Ridge At Bowman Creek, and Lakeland Hills Estates developments.
Final acceptance of these streets by the City will also require construction and
acceptance of all supporting and related infrastructure, such as storm water
facilities to collect storm runoff from streets.
6. The applicant shall construct all street improvements in compliance with
Auburn Design Standards, with the exception of the two deviations from
maximum vertical curve radius on the transition between Udall St. SE and
53`d St SE. and from maximum vertical grade on 54`h Street SE., as shown on
the approved preliminary plat if those deviation requests are supported by the
City Council.
7. Construction activities within the plat shall not commence until the connecting
streets have been constructed, dedicated, and accepted by the City,
PROVIDED, that if the applicant can demonstrate that it has secured access
rights for construction vehicles that the City Engineer determines is safe and
meets City standards, the applicant may proceed with construction of
infrastructure to the extent that corresponding road grades, water, sanitary
sewer, storm drainage, power, cable, and gas utility extensions on adjoining
lots have been completed to the satisfaction of the City Engineer.
8. Where retaining walls are used adjacent to public roads or within a public
facility, the applicant shall provide either mechanically stabilized earth or
cement concrete retaining walls, as determined as necessary and approved
by the City Engineer.
9. The ap~licant shall design and construct traffic calming circles on 53`d St. SE
and 54t St. SE as shown on the preliminary plat.
10. Internal plat streets and utilities shall be extended to the adjoining property
(west) as depicted on the preliminary plat.
Resolution No. 4565
January 26, 2010
Page 3 of 10
\
SEWER
11. Sanitary sewer facilities shall be provided, constructed and accepted
consistent with the City of Auburn Design Standards and the conceptual
sanitary sewer system design layout. The applicant will connect the gravity
sewer system to the south end of the gravity sewer planned to be constructed
as part of the Lakeland Hills Estates and the Kersey 3 Division 1A
developments. .
12. The applicant shall grant the City additional easement area on Lot 9 to
provide a combined width of 30 feet across Tract A and Lot 9 as shown on
the preliminary plat maps.
WATER
13. Water facilities shall be provided consistent with the City of Auburn Design
Standards and the conceptual water system design layout per the preliminary
plat Exhibit 3. To provide adequate water storage and distribution for both
domestic water.and fire flow, substantial new infrastructure improvements are
required including the completion and acceptance of the water infrastructure
required to serve the Kersey 3 Division 1A, the Ridge At Bowman Creek, and
Lakeland Hills Estates developments.
14. A deviation from the Design Standards is allowed, permitting construction of a
dead-end main at the terminus of Victoria Ave SE, if supported by the City
Council. Fire hydrant location shall be approved by VRFA and City Engineer.
15. A restriction shall be placed on the final plat stating: "The lowest floor
elevation, whether basement or first floor, for residential structures built on
Lots 7 through 12 is at or above elevation 352, in order to avoid high water
pressure which would require the installation of individual pressure reducing
valves."
GRADING, FILL AND STORM DRAINAGE
16. The geotechnical report and addendum report includes recommendations
which in part address foundations of homes on fill on Lots 7-10. The
placement of structural fill will require special inspection and completion of the
City's special inspection forms. Lots 7-10 may require an engineered
foundation design for footing placed on structural fill. If determined to be
necessary at the time of plat engineering approval, a note shall be included
on the face of the plat stating the restriction.
Resolution No. 4565
January 26, 2010
Page 4 of 10
17. Storm drainage facilities shall incorporate high standards of design to
enhance the appearance of the site and serve as an amenity. The design of
above ground storage and conveyance facilities shall incorporate landscaping
utilizing native vegetation, minimal side slopes, safety, maintenance needs,
and function. Prior to engineering approval and construction, a landscaping
plan with applicable cross-sections shall be provided to demonstrate that
storm drainage pond aesthetic requirements consistent with City standards
can be accommodated on-site.
18. All storm drainage conveyance lines required to manage upstream bypass
surface flows shall be routed through the project site and shall not be
combined with the proposed on-site storm drainage system.
19. The HOA shall maintain those portions of the Public Utilities and Detention
Tract A located outside the fenced pond boundary, or if no fence if provided,
outside the 10-year storm water surface elevation, as determined by the City
Engineer.
20. Given the steep slopes found on the site, appropriately designed energy
dissipation features are required at the end of long runs of pipe, at pipe
intersections and at the inleUoutlet to the storm drainage pond.
21. ' Storm drainage facilities shall be provided consistent with the City of Auburn
Design Standards and the conceptual storm drainage system design layout
per (Exhibit 3). In order to achieve this, the following design elements shall
be incorporated into the proposed design:
• Construct a 3' wide berm and security fence @ the 10-year water surface
elevation.
. Maintenance is required along the length of the bioswale.
• Geotechnical engineering recommendations.
. Install bollards at the pond access road.
• Meet minimum access turning radius requirements at all vehicular
accessible areas.
22. All residential downspout connections and footing drains shall be tightlined to
the nearest public drainage system and be placed within private drainage
easements.
23. Prior to issuance of clearing or grading permits, a grading plan for grading
and clearing necessary for both the construction of infrastructure such as
roads and utilities and for lot grading shall be prepared, submitted and
approved by the City of Auburn. The purpose of the plan is to accomplish the
maximum amount of grading at one time to limit or avoid the need for
subsequent grading and disturbance, including grading of individual lots
Resolution No. 4565
January 26, 2010 Page 5 of 10
during home construction. The plan shall identify the surveyed boundary of
the crest slopes for the site's 40% or greater slopes. This plan shall show
quantities and locations of excavations, and embankments, the design of
temporary storm drainage detention system, and methods of preventing
drainage, erosion and sedimentation from impacting adjacent properties,
natural and public storm drainage systems and other nearby sensitive areas.
Temporary detention facilities shall be designed with a 1.5 safety factor
applied to the post-developed calculated pond design volume for the 25-year
24-hour post developed storm event. All the measures shall be implemented
prior to beginning phased on-site filling, grading or construction activities.
The applicanYs grading plans shall be prepared in conjunction with and
reviewed by a licensed geotechnical engineer. The geotechnical engineer
shall develop and submit, for the City's review, specific recommendations to
mitigate grading activities with particular attention to developing a plan to
minimize the extent and time soils are exposed on site and address grading
and related activities during wet weather periods (the period of greatest
concern is October 1 through March 31). The plans shall show the type and
the extent of geologic hazard area or any other critical areas as required in
Chapters 16, and 18 of the International Building Code (IBC). (Policy EN-69,
EN-70, ACP) and/or the City's Critical Areas Ordinance. Also see SEPA
Mitigations and Wetland conditions below, Conditions 29-33 and 36-37.
24. Upon completion of rough grading and excavation, the applicant shall have a
geo-technical engineer re-analyze the site and determine if new or additional
mitigation measures are necessary. A revised geotechnical report shall be
submitted to the City of Auburn for review and approval by the City Engineer.
Recommendations for areas where subsurface water is known or discovered
shall be given particular attention by the geotechnical engineer and
coordinated with the project engineer responsible for the storm drainage
system design.
25. Any discharge of sediment laden runoff or other pollutant to waters of the
state is in violation of Chapter 90.48, Water Pollution Control, and WAC 173-
201A, Water Quality Standards for Surface Waters of the State of
Washington. All releases of oils, hydraulic fluids, fuels, other petroleum
products, paints, solvents, and other deleterious materials during construction
must be contained and removed in a manner that will prevent their discharge
to waters and soils of the state. The cleanup of spills should take precedence
over other work on the site.
26. Prior to commencing site clearing or grading activities, the applicant shall
submit a proposed dust control plan for review and approval. This plan shall
show methods of preventing dust from impacting adjacent properties, natural
and public storm drainage systems, and right-of-ways. Control measures shall
Resolution No. 4565
January 26, 2010
Page 6 of 10
be implemented prior to the beginning and in conjunction with on-site
clearing, filling, grading or other construction activities.
27. Truck Route -Prior to issuance of grading or other construction permits, the
applicant shall submit a haul route plan explaining: roads to be traveled on,
type of material to be hauled, total quantity of material to be hauled, total
number of expected days of the haul, expected daily start and end time of the
haul, total number of trips, total number of expected trips per day estimated
start and completion date. A traffic control plan shall be submitted showing
intended methods and placement of traffic control and clearly showing the site
entrance used for hauling. Based on the haul route plan, the Ciry Engineer
may condition hauling operations to mitigate impacts to streets. Such
measures may include road repair or reconstruction, limitations to days and
times of the haul, and installation of traffic control measures.
WETLANDS
28. The Category 4 Wetland and associated 25 foot wide buffer shall be
preserved in a separate critical areas tract, and shown as the final plat. Final
plat notes shall be recorded and include the following statement:
RESTRICTIONS FOR CRITICAL AREA TRACTS AND BUFFERS
Restrictions of a Critical Area Tractl Critical Area and Buffer conveys to the
public a beneficial interest in the land within the tract/critical area and buffer.
This interest includes the preservation of native vegetation for all purposes
that benefit the public health, safety and welfare, including control of surface
water and erosion, maintenance of slope stability, and protection of plant and
animal habitat. The Critical Area Tractl Critical Area and Buffer imposes upon
all present and future owners and occupiers of the land subject to the Critical
Area Tractl Critical Area and Buffer the obligation, enforceable on behalf of
the public by the City of Auburn, to leave undisturbed all trees and other
vegetation within the Crifical Area Tractl Critical Area and Buffer. The
vegetation within the Critical Area Tractl Critical Area and Buffer may not be
cut, pruned, covered by fill, removed or damaged without approval in writing
from the City of Auburn, Departmenf of Planning, Building and Community,
unless otherwise provided by law.
The common boundary between fhe Critical Area Tractl Critical Area and
Buffer and the area of development activity must be marked or otherwise
flagged to the satisfaction of the City of Auburn prior to any clearing, grading,
building construction or ofher development activity subject to the Critical Area
Tractl Critical Area and Buffer. The required marking or flagging shall remain
Resolution No. 4565
January 26, 2010
Page 7 of 10
in place until all development proposal activities in the vicinity of the Critical
Area and Buffer are completed.
No building foundations or other structures are allowed to be located within
the Cntical Area and Buffer, nor shall any foundations or structures be located
adjacent to the Critical Area and Buffer such that normal maintenance of
buildings or structures would result in intrusion of the Critical Area and Buffer
29. A wetland hydrology analysis shall be prepared by a qualified professional to
assess whether or not the proposed storm drainage control system will result
in a no net loss of wetland hydrology, function and value. The wetland shall
be monitored over a 3 year period to determine if a net loss in wetland
hydrology, functions, and/or values has resulted. A monitoring schedule and
contingency plan for the wetland shall be submitted for review and approval
by the Planning Director prior to the commencement of any construction
activities.
30. Temporary Wetland Markers. The outer perimeter of the critical area buffer
and the limits of those areas to be disturbed shall be marked in the field in
such a way as to ensure that no unauthorized intrusion will occur, and verified
by PB&C Department prior to the commencement of authorized activities.
This temporary marking shall be maintained throughout construction, and
shall not be removed until permanent signs are in place.
31. Permanent Wetland Signs. The applicant shall install permanent signs along
the boundary of Wetland/Critical Area and Buffer Tract C. Permanent signs
shall be made of a metal face and attached to a metal post, anchored, or
other materials of equal durability approved by PB&C. Signs must be posted
at an interval of one per every 50 feet, and must be maintained by the
homeowner association in perpetuity.
32. Fencing: A permanent split rail fence shall be installed at the edge of the
wetland buffer to discourage human activities within the buffer area. Fence
design, including dimensions and materials shall be approved by the Director
of Planning, Building & Community.
LOT DIMENSIONS
33. A modification from ACC 17.12.250 is allowed, permitting a 75' width for the
two corner lots on Udall Ave SE, if supported by the City Council. All other
dimensions shall comply with the vested R-1 zone.
Resolution No. 4565
January 26, 2010
Page 8 of 10
HISTORIC
34. Site disturbing activities should be monitored by the Applicant to determine
the presence, if any, of archaeological resources within the proposed
subdivision site boundaries. Evidence of the presence of archaeological
resources shall be promptly reported to the City of Auburn.
SEPA
35. To assure slope stability at the time of site development, geotechnical
engineering is necessary. The applicant shall comply with the
recommendations contained in the Geotechnical Engineering Study dated
March 30, 2007 and Addendum dated April 4, 2008, prepared by Geotech
Consultants, Inc.; policy mandates of the Auburn Comprehensive Plan; and
Critical Areas Chapter, ACC 16.10 by having a licensed geotechnical
engineer sign and stamp civil plans for site development permits (including,
" but not limited to grading, facility extension and building permits for retaining
walls).
All other recommendations contained in the Geotechnical Engineering Study
dated March 30, 2007 and Addendum dated April 4, 2008, prepared by
Geotech Consultants, Inc., which is on file in the Office of the City Clerk, and
is incorporated herein by reference shall be made conditions of projecUpermit
approvals for plat development. For example, a qualified geotechnical
representative shall be present during the site clearing and grading; and a
qualified geotechnical representative shall conduct frequent density tests as
structural fill is being placed and compacted.
36. To mitigate for aesthetic and wildlife impacts and support slope stability, due
to the removal of significant trees and creation of steep slopes, a revegetation
plan shall be prepared meeting the minimum "Best Management Practices"
per Washington State Department of Ecology guidance for planting native
vegetation on steep slopes. The plan shall be prepared by a plant biologist (or
other professional with equivalent degree) and geotechnical engineer.
Final revegetation of slopes graded to 40% (2.5:1 ratio) or greater shall
conform to the revegetation plan. Planting shall be completed prior to final
plat approval. A financial guarantee shall be posted for three years to assure
maintenance, survival and replacement of vegetation.
Section 3. The Mayor is authorized , to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Resolution No. 4565
January 26, 2010
Page 9 of 10
Section 4. This Resolution shall take effect and be in full force upon passage
and signatures hereon.
Dated and Signed this ~ day of , 2010.
J
~
~
~
PET R B. LEWIS,
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPR VED S TO FO M:
D iel B. 1-16-2d,
City Attorney
,
Resolution No. 4565
January 26, 2010
Page 10 of 10
Exhibit A
1
BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
2
Phil Olbrechts, Hearing Examiner
3
RE: Roger B. Gillette
4 FINDINGS OF FACT, CONCLUSIONS
5 Preliminary Plat OF LAW AND RECOMMENDATION.
PLT06-0008
6
7 INTRODUCTION
g The applicant has proposed to subdivide approximately 10 acres into 30 single-family
9 residential lots. Four deviations are also included in the application, specifically a
deviation to (1) road grade from 5% to 8%, (2) road curve radius from 375 feet to 100
10 feet; (3) looping of a water main; and (4) reduction in lot width to two comer lots by
five feet. The Examiner does not have jurisdiction to consider the modification to
11 water main looping. The Examiner approves the other deviations. The Examiner
recommends approval of the subdivision with conditions recommended by staff. The
12 Examiner recommends some modifications to staff recommended conditions 1 and 7
13 to provide for increased flexibility in the required timing of infrastructure
improvements.
14
ORAL TESTIMONY
15
16 Kazen Schazer introduced the staff report. She introduced a revised staff report that
included revisions to the original staff report and exhibits.
17
Dave Dormier, of Rupert Engineering, Inc., testified on behalf of the applicant. He
18 requested that General Condition No. 1 recommended by staff in Ex. 28 be revised.
He noted that it will take considerable times for adjoining subdivisions to acquire
19 final plat approval and that he was concerned that having to wait for them would
Z~ minecessarily delay the construction of improvements on his subdivision. Mr.
Dormier presented. Ex. 29, which revised Condition No. 1 by allowing some work to
21 be done before completion of roads on adjoining plats. He would like to do some
temporary erosion control and forest practice work before completion of
22 improvements on adjoining lots. He noted that under his proposed condition he
would not be able to do any road work until roads on adjoining lots aze completed.
23 He said that the road work should not be heid up due to the fact that other utility work
24 is not completed on adjoining lots. He also felt that in staff proposed Condition No. 7
his road work should not be contingent upon the dedication and acceptance of roads
ZS on adjoining subdivisions, but only completion of the adjoining roads.
Ms. Scharer stated that staff was concerned that clearing and grading could occur
without any assurance that connecting infrastructure would be completed. She noted
(PA0757324.D0C; I \00083.900000\ ~ Preliminary Plat p. 1 Findings, Conclusions and Decision
that the subject parcel is landlocked in the sense that it is completely dependent upon
I the surrounding subdivisions for road and utility connections. She noted that
Z Lakeland Hills Estates, which adjoins the proposed subdivision, will be moving
forwazd and that engineering plans have not been issued yet but that they aze in final
3 stages of development. She stated that Lakeland Hills was granted preliminary
approval in 2006 and is moving somewhat slowly.
4
Ms. Schazer noted that there aze deviations associated with the proposal. Specifically,
5 under the subdivision regulations, an additional five-foot width is required for comer
6 lots and the applicant would like to avoid the five-foot requirement. She noted that
staff supports the request and that the proposed width complies with current code
7 requirements. She also identified two requested road deviations: a. 100-foot curve
radius at 55`h and Udall and at 54'h and 8% slope. Traffic circles will be used to
8 mitigate for these deviations. The fourth deviation concerns a deviation to water
looping required for Victoria Avenue. Staff has determined that adequate service can
9 be provided to the homes in the cul de sac without looping. Staff did not agree to any
10 of the condition revisions suggested by the applicant.
1I Mr. Welsh, City Engineer, commented on the applicanYs request to commence road
construction upon completion of adjoining roads as opposed to dedication and
12 acceptance of those roads, as proposed in staff Condition No. 7. He noted that
dedication and acceptance transfers liability to the City instead of making a private
13 party responsible. He noted that acceptance signifies a City finding that the road
14 meets City standards. He noted that there aze safety issues associated with the
connecting road in the Lakeland Hills subdivision and that dedication and acceptance
15 is necessary to reduce private liability and ensure that roads are constructed to city
standards.
16
I~ Mr. Sharer noted that the applicant will be able to work on engineering plans and
design while awaiting completion of improvements on adjoining subdivisions.
18
Mr. Dormier responded that delaying road construction until acceptance and
19 dedication will significantly increase the delay in completing sewndazy access
through Forest Glen for Lakeland Hills. The elevation difference between the two
20 roads connecting from Lakeland Hills is 6fty feet. This difFerence in elevation
21 caused the need for the road connections to Forest Glen as opposed to cul de sacs,
because the difference in grade prevented the construction of an alley way or other
ZZ secondary access. If the applicant can commence road construction after completion
of Lakeland Hills road as opposed to acceptance, the secondary access on Forest Glen
23 can be completed with two to four months as opposed to one to two years.
24 Mrs. Schazer noted that Condition 7 is not unique. The Lakeland Hills subdivision
25 also had a condition prohibiting road construction in the southem portion of the
subdivision until the Kersey subdivision roads were dedicated and accepted.
EXHIBITS
~ PA07S7324.DOC;1\00083.900000\ }
Preliminary Plat p. 2 Findings, Condusions and Decision
1 See enhibit list of revised staff report, dated December 16, 2009. All documents in
2 the list were admitted into evidence.
3 FINDINGS OF FACT
4 Procedural:
5 1. Apnlicant. Roger B. Gillette
6
2. Heazina. The Hearing Examiner conducted a hearing on the application at
7 5:30 p.m. at Auburn City Hall in the Council Chambers on December 16, 2009.
g Substantive:
9
3. Site/Proposal Description. The applicant has requested to subdivide 10
10 acres into 30 lots for detached single-family dwellings. The proposed density is 3
dwelling units per acre. Lots will range in size from 8,000 square feet to 12,878
11 squaze feet, with the average at 8,712 square feet, or 0.2 acres. All lots will have a
12 width of greater than 75 feet. Access will be provided to Kersey Way SE and the
extension of Evergreen Way SE. The streets will be dedicated to the City and
13 improved with curbs, gutters, sidewalks, lighting and landscaping. Public sewer,
water, storm drainage, and other associated utilities aze also proposed in the
14 application.
15 4. Deviation Requests. The proposal includes four deviation requests:
16 A. Waiver of ACC 17.12.250(D), which requires an additional five feet of lot
17 width for comer lots;
18 B. Deviation from Design Standards Section 10.02.1 Table 10-1 in order to
reduce minimum horizontal curve radius from 375 feet to 100 feet on the transition
19 between Udall St. SE and 53`d St. SE.
20 C. Deviation from Design Standards Section 10.02.1 Table 10-1 in order to
21 increase the maximum vertical grade from 6% to 8% on portions of 54I' Si.
22 D. Deviation from ACC 13.16.090, which requires a looped water system.
23 The applicant requests a dead-end main for Victoria Ave. S.E.
24 Staff recommends approval of all four deviations, which presumably includes the
support of the City Engineer for the road deviations.
25
The requested deviations to road grade and horizontal curve are well described and
justified in Exhibit 13. 53`d and 54" Street are constrained to the proposed locations
in order to extend the streets on the adjoining Lakeland Hills Estates plat to the north.
{ PA0757324.DOC; I \00083.9000001 }
Preliminary Plat p. 3 Findings, Conclusions and Decision
Without the extension onto the subject subdivision, 53`d and 54`h would dead end at a
1 length that is not consistent with City standards. The extension, and hence location,
Z of 53rd and 54`h on the subject subdivision is necessary to provide secondary access to
the lots on the southem end of Lakeland Hills, an obvious safety issue. As explained
3 in Exhibit 13, the topography at these locations necessitates the requested grade
deviations on portions of 54`h street, which amount to maximum grades of 8.2%. As
4 further explained in Exhibit 13, the proposed grades are consistent with recognized
engineering safety standards. The reduced horizontal curve is necessary to allow a
5 western connection between 53`d and 54`h streets. Staff have conditioned the project
6 to install traffic calming devices to assure that the curves aze taken at a safe speed.
As discussed in Exhibit 13, the reduced curvature is consistent with King County road
7 design standazds, which provides additional indicia of safety.
8 Staff state at page 9 of the staff report that Lots 13 and 15 cannot meet the minimum
80-foot width requirement of ACC 17.12.250 because the lot and street layout is
9 physically constrained by slopes, street design standazds, zoning standards, and
10 density requirements. It is fairly cleaz from the topographical lines depicted in
Sheet 3 of Exhibit 3 that the only way these lots could meeting the width
I I requirements of ACC 17.12.250 is by the elimination of one of them or of Lot 14.
12 5. Chazacteristics of the Area. The subject property is surrounded by single-
family homes, as well as vacant property, an elementary school, commercial
13 buildings, and nearby apartment complexes.. There aze also similaz developments in
14 the area; including those that have already been completed and those still in
devclopments.
15
6. Adverse Impacts. There are no adverse impacts that have been identified
16 in association with the proposal. Additionally, the proposal has undergone SEPA
17 review and was issued a Mitigated Determination ofNon-Signifcance (MDNS). The
mitigation measures incorporated into the MDNS aze included as conditions for
18 approval of this application.
19 CONCLUSIONS OF LAW
20 Procedaral:
21 I. Authoritv of Hearing Examiner. ACC 17.10.050 grants the Hearing
22 Examiner with the authority to review an application for preliminary plat approval
and give a recommendation to the City Council. ACC 17.18.010 grants the Heazing
23 Examiner with the authority to approve modifications of standards referenced in
24 Chapter 17.12 ACC. As identified in Finding of Fact No. 4, the applicant requests a
deviation to ACC 13.16.090, ACC 17.12.050(D), and the City's design and
25 construction standazds. The City's design and construction standazds are
incorporated by reference in to Chapter 17.12.020 by ACC 17.12.020. ACC
13.16.090 does not appear to be identified anywhere in Chapter 17.12 ACC. Further,
ACC 13.16.090 expressly provides that the fire department has the authority to waive
I PA0757324.DOC; 1\00083.900000\ ~
Preliminary Plat p. 4 Findings, Conclusions and Decision
the looping requirement. Given these circumstances, the Examiner concludes he has
I no authority to grant waivers to ACC 13.16.090 and leaves that determination to the
2 fire department.
3 Substantive:
4 2. Zonina DesiQnation. The property is vested to Single Family Residential
5 District, R-1. The Auburn Comprehensive Plan designation for the property is Single
Family Residential.
6
3. Review Criteria and Application. The application was determined to be
7 complete on April 3, 2007. It is important to note that the ACC has undergone
significant revision since that date. Reference must be made to the code in effect on
g April 3, 2007 for applicable provisions. The criteria for preliminary plat and
9 deviation approval are satisfied as outlined below where each criterion is in italics
and the application to the project is applied in corresponding Conclusions of Law.
10
ACC 17.06.070: Preliminary plats shall only be approved if findings of fact are
I 1 drawn to support the following:
12 ACC 17.06.070(A): Adequate provisions are made for the publrc health, safety and
13 general welfare and for open spaces, drainage ways, streets, alleys other public ways,
water supplies, sanitary wastes, parks, play grounds and sites for schools and school
14 grounds.
15 4. As conditioned and as proposed by the applicant, the proposed plat map
sufficiently provides for all of the above criteria. Additionally, the proposal has been
16 reviewed by Valley Regional Fire Authority, and their recommendation that pazking
17 be allowed on only one side of the street in order to provide emergency access has
been included in the conditions.
18
During the hearing the applicant raised objection to the timing of required
19 infrastructure improvements. The Examiner generally agrees with the staff position
on this issue, with revision to the recommended conditions of approval. As noted by
20 staff, the parcel is essentially landlocked with no adjoining utilities or streets. Rather
21 than make off-site improvements to connect into the City's street and utility system,
the applicant has appazently opted to wait for the completion of infrastructure
ZZ improvements in three adjoining subdivisions. Due to this reliance upon the work of
other development projects, the staff recommends that final plat approval for the
23 subject application be contingent upon completion of the conditions of preliminary
24 plat approval for the adjoining subdivisions.
25 The Examiner agrees that generally as a matter of constitutional due process, the
approval of a development project should not be entirely dependent upon the actions
of a third party. However, this is a situation of the applicant's own making. The
applicant wishes to avail himself of the work of third parties in order to meet the
~PA0757324.DOC;1\00083.9000001 t
Preliminary Plat p. 5 Findings, Conclusions and Decision
infrastructure requirements for his own subdivision. Under these circumstances, it is
1 reasonable to require that those third-party improvements be completed prior to
2 acquiring final plat approval for the subject application. The applicanYs utilities
cannot reasonably be construed as "adequate" according to the above-quoted criteria
3 if there is no assurance that the lines to which they connect to will be completed. The
staff recommended conditions of approval have been revised by the Examiner to
4 allow final plat approval if some mechanism is provided when improvements are not
completed, such as bonding by the applicant or the responsible parties for the
5 adjoining subdivisions.
6 The foregoing is based upon the presumption that the applicant is free to make off-
7 site improvements himself in lieu of relying upon the adjoining subdivisions, if such
an opportunity exists. The applicant can at any time apply for a plat alteration if that
8 is an option the applicant would like to pursue. Should the adjoining subdivisions
take an unusually long amount of time to complete as feazed by the applicant, a plat
9 alteration is available to address the situation.
10 Although the Examiner generally agrees with the staff position on timing, revision
11 was needed to provide for more specificity. General Condition 1 in the staff report
requires completion of all adjoining conditions of preliminary plat approval as a
12 condition of final plat approval for the subject application. Even as revised in Exhibit
28, this is overly broad because the only rational presented to the Examiner for this
13 condition is to provide for infrastructure connections. It is recognized that subsequent
14 more specific conditions provide more detail on the timing of improvements, but
Generai Condition No. 1 as written could be construed as prohibiting all work in
15 Forest Glen until all improvements in the adjoining subdivisions are completed, even
if those adjoining improvements have nothing to do with Forest Glen infrastructure.
16 The revised condition of approval more directly addresses basis of the condition, i.e.,
17 satisfying the adequacy criterion quoted above by ensuring that Forest Glen
infrastructure connects to adequate off-site infrastructure.
18
It is recognized that the applicant's objections to timing are not limited to what is
19 required for final plat approval. The applicanYs suggested revisions to General
Condition 1(Ex. 29) and Street Condition 7 also change the point where preliminary
20 plat constnaction can begin. Condition 7 does not allow any construction activity to
21 occur until the connecting streets on the adjoining subdivisions have been dedicated
and accepted by the City. The applicant proposes to divorce clearing and forest
22 practice activities from any work on the adjoining subdivision and proposes to
commence other infrastructure work as soon as adjoining connecting roads and other
23 infrastructure improvements are completed to the satisfaction of the City - short of
the dedication and acceptance of street improvements required by staff recommended
24 Condition 7.
ZS The applicant makes a compelling azgument that allowing road work to commence
prior to construction will expedite the provision of secondary access to the lots in
Lakeland Hiils. This constitutes a public benefit associated with early construction.
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Preliminary Plat p. 6 Findings, Conclusions and Decision
City Engineer Welsh makes a more compelling point in that there is no assurance of
1 compliance with City design standards on the Lakeland Hills roads until they aze
dedicated to and accepted by the City. The grade issues associated with 53`d St. and
2 54`h St. and the intersection of these roads (apparently via Bennett Ave. S.E.) with
3 Evergreen Way require close City scrutiny. Safety is an issue before final plat
approval because vehicles engaged in Forest Glen preliminary plat construction
4 activities may access Forest Glen through Lakeland Hills. However, the staff report
at Page 12, pazagraph H(2), notes that the subject pazcel has an unimproved access
5 easement through Lakeland Hills to Kersey Way. If safety is the sole reason for the
6 acceptance and dedication requirement recommended by staff, then that reasoning
falls to the wayside if access of construction vehicles is safely acquired through the
7 applicant's access easement. Final plat approval and use of 53`d and 54ffi streets can
be prohibited until acceptance and dedication. Condition 7 is modified accordingly.
8
ACC 17.06.070(B): Conformance of !he proposed subdivision to the general
9 purposes of the comprehensive plan
10
5. As discussed in depth in the staff report for the proposal and incorporated
I I in this conclusion by reference, the purposes of the comprehensive plan have been
met by this application. Specifically, the Comprehensive Plan emphasizes housing
12 development of single-family residences, in order to provide an appropriate mix of
housing within family oriented communities; while still recognizing the need housing
13 needs of all members of the community.
14
ACC 17.06.070(C): Conformance of the proposed subdivision to the general
15 purposes of any other applicable policies or plans which have been adopted by the
city council
16
1 ~ 6. The proposed subdivision conforms generally to other applicable policies
and plans of the City. Evaluation of specifically applicable provisions of the code
18 have been provided below. Additionally, the staff report provides an overview of the
proposal's compliance with the ACC and other plans generally, which is incorporated
19 in this decision by reference.
20 ACC 17.06.070(D): Conformance of the proposed subdrvision to the general
21 purposes of this title as enumerated in ACC 17.02.030
22 7. Much like the provisions of the comprehensive plan generally, ACC
17.02.030 addresses the betterment of the City as a requirement of development. This
23 includes appropriate use of the land, protection of land and water, convenient travel,
provisions for utilities, and provisions for schools. As provided, the application
24 promotes all of the established standards of the section and will result in a project that
25 will provide single-family housing.
ACC 17.06.070(E): Conformance of the proposed subdivision to the Auburn zoning
ordinance and any other applicahle planning or engineering standards and
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Preliminary Plat p. 7 Findings, Conclusions and Decision
specif:cations as adopted by the ciry or as modified and approved as part of a PUD
1 pursuant to Chapter 18.69 ACC
Z 8. The proposal conforms with all applicable zoning requirements, except for
3 the comer lot width requirement, which is addressed as a modification below.
4 ACC 17.06.070(F): The potential environmental impacts of the proposed subdivision
are mitigated such that the preliminary plat will not have an unacceptable adverse
5 effecJ upon the guality of the environment
6 9. The project was issued a SEPA MDNS, which included a mitigation list
7 which has been incorporated into the conditions of approval for this application. The
MDNS takes into full consideration any potential adverse impacts on the environment
8 which the project could have and makes a determination on such basis. The project,
with conditioned mitigation, will not have unacceptable adverse effects upon the
9 quality of the environment.
10 ACC 17.06.070(G): Adequate provrsions are made so the preliminary plat will
11 prevent or abate public nuisances
12 10. The planning and layout of the plat have sufficiently addressed prevention
13 and abatement of public nuisances, and do not appeaz to be of consequence.
14 DEVIATIONS
15 ACC 17.18.030(A): Such modification is necessary because ofspecial circumstances
related to the size shape topography location or surroundings of the subject property
16 to provide the awner with development rights and privileges permitted to other
properties rn the vicinily and in the zoning district in which the subject properry is
17 locared.
18
11. The four deviation requests are identified and described in Finding of Fact
19 No. 4. As determined in Conclusion of Law No. 1, the Examiner only has authority
to make a decision on three of the deviation requests. Those three requests will be
20 assessed against the deviation criteria quoted under this section of the Examiner's
decision.
21
22 ACC 17.12.250(D): As determined in Finding oj Fact No. 4, the requested
modification is necessary due to the slopes of the properry. If the deviation is not
23 granted, the applicant will have to lose a lot, leaving !he applicant with a density
yield much lower than that granted to other properties in the vicinity and zoning
24 district.
• 25 12. Desi¢n and Construction Standards: As determined in Finding of Fact No.
4, the grade deviations are necessary due to the topography of the parcel and the need
to provide secondary access to the subject lot and Lakeland Hills. The reduced
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Preliminary Plat p. 8 Findings, Conclusions and Decision
horizontal curve is necessary to enable connection of the two secondary access roads,
1 which in turn is the only feasible way to provide secondazy access to the subject
2 pazcel and Lakeland Hilis. The surrounding road network, topography and shape of
the lot working together constitute special circumstances due to topography, location
3 and surroundings that necessitate the requested modifications.
4 ACC 17.18.030(B): That because of such special circumstances the development of
the properry in strict conformrty with the provision of this title will not allow a
5 reasonable and harmonious use of the property.
6 13. ACC 17.12.250(D): Given (1) the relatively minor nature of the deviation
7 request; (2) the fact that the lot width is consistent with current zoning standazds,
which is essentially a legislative determination that the proposed width is consistent
8 with the Comprehensive Plan and the purpose of the Zoning Code; (3) the policies
favoring in-fill development; and (4) the loss of density if the modification is not
9 granted, denial of the modification would prevent a reasonable use of the property.
10 14. Desi¢n and Construction Standards: Denial of the modification would
I t prevent a reasonable use of the property by eliminating secondary access, which is
necessary as for safety and convenience.
12
ACC 17.18.030(C): That the modifica[ion if granted will not alter the character of
13 the neighborhood or he detrimental to surrounding properties in which the property
14 is located
15 15. The requested modifications will have no recognizable effect on the
chazacter of the neighborhood and will not be detrimental to surrounding propeRies..
16 As noted in Finding of Fact No. 4, the road curve and grade deviations satisfy
recognized professional engineering safety standards, and the curve deviation has
17 been conditioned to include traffic calming devices to ensure safe speeds.
18
ACC 17.18.030(D): Such modification will not be materially detrimental to the
19 implementation of the policies and objectives of the camprehensive land use
circulation and utiliry plans of the ciry
20
21 16. The modification will not impact the implementation of the policies of the
City. As noted previously,the proposed lot width is consistent with currentlot width
22 standards and those standards have presumptively been found to be consistent with
the Comprehensive Plan by the Auburn City Council. A difference of five feet in lot
23 width should have no discernable impact on applicable policies and plans. As also
previously discussed, the deviations to road grade and curve radius are safe as
24 mitigated and will not detract from residential character. For these reasons, the
25 criterion above is satisfied.
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Preliminary Plat p. 9 Findings, Conclusions and Decision
ACC 17.18.030(E): Literal interpretation of the provisions of this title would deprive
1 the applicanf of rights commoxly enjoyed by other properties in the same zoning
2 district.
3 17. Without this modification, the applicant would be unable to develop at
densities allowed for sunounding development and the applicant would not be able to
4 connect to adjoining streets for secondary access. These aze rights enjoyed by other
5 properties in the same zoning district.
6 ACC 17.18.030(F): The approval oj the modification will be consistent with the
purpose of thrs trtle
7
18. The approvals of the modifications are consistent with the purpose of the
8 subdivision code as detailed in ACC 17.02.030 because they provide for safety in
9 access and the effective use of land through maximizing density.
10 ACC 17.18.030(G): The modifrcation cannot lessen the requirements of the zoning
ordinance.
11
19. The modifications do not violate any Zoning Ordinance provisions.
12
DECISION/RECOMMENDATI ON
13
14 The Hearing Examiner approves the requested modifications to ACC 17.12.250(D),
Design Standards Section 10.02.1 Table 10-1 (6% grade) and Design Standards
15 Section 10.02.1 Table 10-1 (375 foot horizontal curve radius).
16 The Heazing Examiner has no jurisdiction to rule upon the deviation from ACC
13.16.090.
17
18 The Hearing Examiner recommends approval of PLT06-0008, subject to the
following conditions completed nrior to final plat approval:
19
GENERAL
20
Adequacy of infrastructure to the proposed subdivision is dependent upon
21 completion of infrastructure improvements upon three adjoining subdivisions that
ZZ aze between preliminazy and final plat approval. The adjoining subdivisions are
identified by preliminary plat approval as follows: Resolution 4021 for Kersey 3
23 Div. 1(PLTOS-0001), Resolution 4024 for The Ridge At Bowman Creek (PLT05-
0002), and Resolution 4116 for Lakeland Hills Estates (PLT05-0004). The
24 subject application shall not be granted final plat approval until the earlier of (1)
ZS final plat approval of all three of the adjoining subdivisions; or (2) a staff
determination that all connecting infrastructure on the adjoining subdivisions has
been completed and accepted (to the extent acceptance is required) by the City, or
an altemative to completion and acceptance is provided that ensures adequate
(PA0757324.DOC;1\00083.9000001 )
Preliminary Plat p. 10 Findings, Conclusions and Decision
infrastructure to the satisfaction of staf£ The staff determinations for Option (2)
1 shall be made in conjunction with the review of a request for final plat approval.
2 2. Plat boundary discrepancies as may azise shall be resolved to the satisfaction of
3 the City engineer prior to the submittal of the final plat documents. As used in
this condition, "discrepancy" is a boundazy hiatus, an overlapping boundazy or a
4 physical appurtenance which indicates an encroachment, lines of possession or a
conflict oftitle. RCW 58.17.
5
6 3. A homeowners' association shall be established which clearly provides for the
ownership and continued maintenance of Open Space Tract B, Wetland/Critical
7 Area Tract C, and Maintenance of landscaping within the Utilities and Drainage
Pond/T'ract A.
8
4. Nothing in these conditions shall preclude completion of infrastruchue
9 improvements by others. Should required off-site improvements be completed by
10 others, the applicant will be responsible for paying any required pro rata shaze of
the costs as may be established and approved by the City, ACC 13.40.060.
11
ROADS
12
5. Road facilities shall be provided consistent with the City of Auburn Design
13 Standards and the conceptual road system design layout per Exhibit 3. To
14 provide road access to the existing external road network substantial new
infrastructure improvements are required including the completion and acceptance
15 of the road infrastructure required to serve the Kersey 3 Division lA, The Ridge
At Bowman Creek, and Lakeland Hills Estates developments.
16 Final acceptance of these streets by the City will also require construction and
17 acceptance of all supporting and related infrastructure, such as storm water
facilities to collect storm runoff from streets.
18
6. The applicant shall construct all street improvements in compliance with Auburn
19 Design Standards, with the exception of the two deviations from maximum
20 vertical curve radius on the transition between Udall St. SE and 53`d St SE. and
from maximum vertical grade on 54th Street SE., as shown on the approved
21 preliminary plat if those deviation requests are supported by the City Council.
22 7. Construction activities within the plat shall not commence until the connecting
23 streets have been constructed, dedicated, and accepted by the City, PROVIDED,
that if the applicant has access for construction vehicles that staff determines is
24 safe and meets City standards, the applicant may proceed with construction of
infrastructure to the extent that corresponding road grades, water, sewer, power,
ZS cable, and gas utility extensions on adjoining lots have been completed to the
satisfaction of staff.
{PA0757324.DOC;1\00083.900000\ ~
Preliminary Plat p. 11 Findings, Conclusions and Decision
8. Where retaining walls are used adjacent to public roads or within a public facility,
1 the applicant shall provide either mechanically stabilized earth or cement concrete
Z retaining walls, as determined as necessary and approved by the City Engineer.
3 9. The applicant shall design and construct traffic calming circles on 53rd St. SE and
54'' St. SE as shown on the preliminary plat.
4
10. Intemal plat streets and utilities shall be extended to the adjoining property (west)
5 as depicted on the preliminary plat.
6 SEWER
7
11. Sanitary sewer facilities shall be provided, constructed and accepted consistent
8 with the City of Auburn Design Standazds and the conceptual sanitary sewer
system design layout. The applicant will connect the gravity sewer system to the
9 south end of the gravity sewer planned to be constructed as part of the Lakeland
10 Hills Estates and the Kersey 3 Division 1 A developments. .
11 12. The applicant shall grant the City additional easement area on Lot 9 to provide a
combined width of 30 feet across Tract A and Lot 9 as shown on the preliminary
12 plat maps.
13 WATER
14
13. Water facilities shall be provided consistent with the City of Auburn Design
15 Standazds and the conceptual water system design layout per the preliminary plat
Exhibit 3. To provide adequate water storage and distribution for both domestic
16 water and fire flow, substantial new infrastructure improvements are required
including the completion and acceptance of the water infrastructure required to
17 serve the Kersey 3 Division IA, the Ridge At Bowman Creek, and Lakeland Hills
18 Estates developments.
19 14. A deviation from the Design Standards is allowed, permitting construction of a
dead-end main at the terminus of Victoria Ave SE, if supported by the City
20 Council. Fire hydrant location shall be approved by VRFA and City Engineer.
21 15. A restriction shall be placed on the final plat stating: "The lowest floor elevation,
ZZ whether basement or first floor, for residential structures built on Lots 7 through
12 is at or above elevation 352, in order to avoid high water pressure which would
23 require the installation of individual pressure reducing valves."
, 24 GRADING, FILL AND STORM DRAINAGE
25 16. The geotechnical report and addendum report includes recommendations which in
part address foundations of homes on fill on Lots 7-10. The placement of
structural fill will require special inspection and completion of the City's special
{PA0757324.DOC;1\00083.900000\ )
Preliminazy Plat p. 12 Findings, Conclusions and Decision
inspection forms. Lots 7-10 may require an engineered foundation design for
1 footing placed on structural fill. If determined to be necessazy at the time of plat
Z engineering approval, a note shall be included on the face of the plat stating the
restriction.
3
17. Storm drainage facilities shall incorporate high standards of design to enhance the
4 appeazance of the site and serve as an amenity. The design of above ground
storage and conveyance facilities shall incorporate landscaping utilizing native
5 vegetation, minimal side slopes, safety, maintenance needs, and function. Prior to
6 engineering approval and construction, a landscaping plan with applicable cross-
sections shall be provided to demonstrate that storm drainage pond aesthetic
7 requirements consistent with City standards can be accommodated on-site.
8 18. All storm drainage conveyance lines required to manage upstream bypass surface
flows shall be routed through the project site and shall not be combined with the
9 proposed on-site storm drainage system.
10 19. The HOA shall maintain those portions of the Public Utilities and Detention Tract
11 A located outside the fenced pond boundary, or if no fence if provided, outside
the 10-yeaz storm water surface elevation, as determined by the City Engineer.
12
20. Given the steep slopes found on the site, appropriately designed energy
13 dissipation features are required at the end of long runs of pipe, at pipe
14 intersections and at the inleUoutlet to the storm drainage pond.
IS 21. Storm drainage facilities shall be provided consistent with the City of Auburn
Design Standards and the conceptual storm drainage system design layout per
16 (Exhibit 3). In order to achieve this, the following design elements shall be
17 incorporated into the proposed design:
• Construct a 3' wide berm and security fence @ the 10-yeaz water surface
18 elevation.
• Maintenance is required along the length of the bioswale.
19 . Geotechnical engineering recommendations.
20 • Install bollards at the pond access road.
• Meet minimum access turning radius requirements at all vehicular accessible
21 areas.
22 22. All residential downspout connections and footing drains shall be tightlined to the
neazest public drainage system and be placed within private drainage easements.
23
24 23. Prior to issuance of clearing or grading permits, a grading plan for grading and
clearing necessary for both the construction of infrastructure such as roads and
Zg utilities and for lot grading shall be prepared, submitted and approved by the City
of Auburn. The purpose of the plan is to accomplish the maximum amount of
grading at one time to limit or avoid the need for subsequent grading and
disturbance, including grading of individual lots during home construction. The
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Preliminary Plat p. 13 Findings, Conclusions and Decision
plan shall identify the surveyed boundazy of the crest slopes for the site's 40% or
i greater slopes. This plan shail show quantities and locations of excavations, and
2 embankments, the design of temporary storm drainage detention system, and
methods of preventing drainage, erosion and sedimentation from impacting
3 adjacent propeRies, natural and public storm drainage systems and other neazby
sensitive areas. Temporary detention facilities shail be designed with a 1.5 safety
4 factor applied to the post-developed calculated pond design volume for the 25-
year 24-hour post developed storm event. All the measures shall be implemented
5 prior to beginning phased on-site filling, grading or construction activities. The
6 applicant's grading plans shall be prepazed in conjunction with and reviewed by a
licensed geotechnical engineer. The geotechnical engineer shall develop and
7 submit, for the City's review, specific recommendations to mitigate grading
activities with particular attention to developing a plan to minimize the extent and
8 time soils aze exposed on site and address grading and related activities during
wet weather periods (the period of greatest concem is October ] through March
9 31). The plans shall show the type and the extent of geologic hazard area or any
10 other critical areas as required in Chapters 16, and 18 of the International Building
Code (IBC). (Policy EN-69, EN-70, ACP) and/or the City's Critical Areas
11 Ordinance. Also see SEPA Mitigations and Wetland conditions below,
Conditions 29-33 and 36-37.
12
24. Upon completion of rough grading and excavation, the applicant shall have a geo-
13 technical engineer re-analyze the site and determine if new or additional
14 mitigation measures aze necessary. A revised geotechnical report shall be
submitted to the City of Auburn for review and approval by the City Engineer.
15 Recommendations for azeas where subsurface water is known or discovered shall
be given particular attention by the geotechnical engineer and coordinated with
16 the project engineer responsible for the storm drainage system design.
17 25. Any discharge of sediment laden runoff or other pollutant to waters of the state is
18 in violation of Chapter 90.48, Water Pollution Control, and WAC 173-201A,
Water Quality Standazds for Surface Waters of the State of Washington. All
19 releases of oils, hydraulic fluids, fuels, other petroleum products, paints, solvents,
and other deleterious materials during construction must be contained and
20 removed in a manner that will prevent their discharge to waters and soils of the
21 state. The cleanup of spills should take precedence over other work on the site.
22 26. Prior to commencing site clearing or grading activities, the applicant shall submit
a proposed dust control plan for review and approval. This plan shall show
23 methods of preventing dust from impacting adjacent properties, natural and public
storm drainage systems, and right-of-ways. Control measures shall be
24 implemented prior to the beginning and in conjunction with on-site cleazing,
25 filling, grading or other construction activities.
27. Truck Route -Prior to issuance of grading or other oonsttuction permits, the
applicant shall submit a haul route plan explaining: roads to be traveled on, type
{ PA0757324.DOC; I \00083.900000\ }
Preliminary Plat p. 14 Findings, Conclusions and Decision
of material to be hauled, total quantity of material to be hauled, total number of
1 expected days of the haul, expected daily start and end time of the haul, total
Z number of trips, total number of expected trips per day estimated start and
completion date. A trafFic control plan shall be submitted showing intended
3 methods and placement of traffic control and cleazly showing the site entrance
used for hauling. Based on the haul route plan, the City Engineer may condition
4 hauling operations to mitigate impacts to streets. Such measures may include
road repair or reconstruction, limitations to days and times of the haul, and
5 installation of traffic control measures.
6 WETLANDS
7
28. The Category 4 Wetland and associated 25 foot wide buffer shall be preserved in
8 a separate critical areas tract, and shown as the final plat. Final plat notes shall be
9 recorded and include the following statement:
10 RESTRICTIONS FOR CRITICAL AREA TRACTSAND BUFFERS ,
11 Restrictions of a Critical Area Tractl Critical Area and Bufjer conveys to the public a
beneficial interest in the land within the tract/critical area and buffer. This interest
12 includes the preservation of native vegetation for all purposes that beneft the public
health, safety and welfare, including control of surface water and erosion,
13 maintenance of slope stabiliry, and protection of plant and animal habitat. The
14 Critical Area Tractl Critical Area and Buffer imposes upon all present and future
owners and occupiers of the land subject to the Critical Area Tractl Critical Area and
15 Buffer the obligation, enforceable on beha f of the public by the City of Auburn, to
leave undisturbed all trees and other vegetation within the Critical Area Tractl
16 Critical Area and Buffer. The "vegetation withrn the Critical Area Tractl Critical Area
17 and Buffer may not be cut, pruned, covered by fll, removed or damuged without
approval rn writing from the City of Auburn, Department of Planning, Building and
18 Communiry, unless olherwise provided by law.
19 The common boundary between the Crilical Area Tractl Critical Area and Buffer and
the area of development activity must be marked or otherwise Jlagged to the
20 satisfaction of the City of Au6urn prior to any clearing, grading, building
21 construction or other development activiry .rubject to the Critical Area Tractl Critical
Areu and BuJfer. The required marking or flagging shall remain in place until all
ZZ development proposal actrvities in the viciniry of the Critical Area and Buffer are
completed.
23
No building foundations or other structures are allowed to be located within the
24 Critical Area and Buffer, nor shall any foundations or structures be located adjacent
25 to the Critical Area and Buffer such that normal maintenance of buildings or
structures would result in intrusion of the Crilrcal Area and Buffer
{PA0757324.DOC; 1\00083.900000\ )
Preliminary Plat p. 15 Findings, Conclusions and Decision
29. A wetland hydrology analysis shall be prepazed by a qualified professional to
1 assess whether or not the proposed storm drainage control system will result in a
2 no net loss of wetland hydrology, function and value. The wetland shall be
monitored over a 3 year period to determine if a net loss in wetland hydrology;
3 functions, and/or values has resulted. A monitoring schedule and contingency
plan for the wetland shall be submitted for review and approval by the Planning
4. Director prior to the commencement of any construction activities.
5 30. Temporary Wetland Mazkers. The outer perimeter of the critical azea buffer and
6 the limits of those azeas to be disturbed shall be mazked in the field in such a way
as to ensure that no unauthorized intrusion will occur, and verified by PB&C
7 Department prior to the commencement of authorized activities. This temporary
marking shall be maintained throughout construction, and shall not be removed
8 until permanent signs aze in place.
9 31. Permanent Wetland Signs. The applicant shall install permanent signs along the
10 boundary of Wetland/Critical Area and Buffer Tract C. Permanent signs shall be
made of a metal face and attached to a metal post, anchored, or other materials of
1 I equal durability approved by PB&C. Signs must be posted at an interval of one
per every 50 feet, and must be maintained by the homeowner association in
12 perpetuity.
13 32. Fencing: A permanent split rail fence shall be installed at the edge of the wetland
14 buffer to discourage human activities within the buffer azea. Fence design,
including dimensions and materials shall be approved by the Director of Planning,
15 Building & Community.
16 LOT DIMENSIONS
17 33. A modification from ACC 17.12.250 is allowed, permitting a 75' width for the
18 two comer lots on Udall Ave SE, if supported by the City Council. All other
dimensions shall comply with the vested R-1 zone.
19
HISTORIC
20
Z~ 34. Site disturbing activities should be monitored by the Applicant to determine the
presence, if any, of archaeological resources within the proposed subdivision site
22 boundaries. Evidence of the presence of azchaeological resources shall be
promptly reported to the City of Aubum.
23
24
25
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Preliminary Plat p. 16 Findings, Conclusions and Decision
I SEPA '
2 35. To assure slope stability at the time of site development, geotechnical engineering
3 is necessary. The applicant shall comply with the recommendations contained in
the Geotechnical Engineering Study dated March 30, 2007 and Addendum dated
4 April 4, 2008, prepared by Geotech Consultants, Inc.; policy mandates of the
Aubum Comprehensive Plan; and Critical Areas Chapter, ACC 16.10 by having a
5 licensed geotechnical engineer sign and stamp civil plans for site'development
6 permits (including, but not limited to grading, facility extension and building
permits for retaining walls).
7
All other recommendations contained in the Geotechnical Engineering Study shall
8 be made conditions of projecUpermit approvals for plat development. For
example, a qualified geotechnical representative shall be present during the site
9 clearing and grading; and a qualified geotechnical representative shall conduct
10 frequent density tests as structural fill is being placed and compacted.
11 36. To mitigate for aesthetic and wildlife impacts and support slope stability, due to
the removal of significant trees and creation of steep slopes, a revegetation plan
12 shall be prepared meeting the minimum "Best Management Practices" per
Washington State Department of Ecology guidance for planting native vegetation
13 on steep slopes. The plan shall be prepazed by a plant biologist (or other
14 professional with equivalent degree) and geotechnicalengineer.
15 Final revegetation of slopes graded to 40% (2.5:1 ratio) or greater shall conform
to the revegetation plan. Planting shall be completed prior to final plat approval.
16 A financial guarantee shall be posted for three years to assure maintenance,
17 survival and replacement of vegetation.
18 Dated this 4th day of Januazy 2010.
19
20 ~
ZI hil Olbrechts
City of Auburn Heazing Examiner
22
23
24
25
( PA0757324.DOC;1 \00083.900000\ )
Preliminary Plat p. 17 Findings, Conclusions and Decision
Exhibit B
LEGAL DESCRIPTION
FOREST GLEN AT LAKELAND PRELIMINARY PLAT
LOTS 2 AND 3 OF CITY OF AUBURN SHORT PLAT N0. SP-8-78 REVISION,
RECORDED UNDER RECORDING NO. 8003110673, SAID SHORT PLAT
BEING A SUBDIVISION OF A NORTHEASTERLY PORTION OF THE
SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 21 NORTH, RANGE 5
EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON