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HomeMy WebLinkAbout05-11-2006 ITEM VIII-A-2ACIWTYOF ,€ - WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 6024, approving a request to rezone approx. 38.46 acres May 8, 2006 from single family residential (R1) to Planned Unit Development (PUD) and approving the request fora planned unit development. Department: Planning, Attachments: Ordinance 6024 Budget Impact: None Building and Community Administrative Recommendation: City Council introduce and adopt Ordinance No. 6024 On April 25, 2006, the City Council held a closed record public hearing to consider the applications for a rezone from R1 ("Single Family Residential') to PUD ("Planned Unit Development"), PUD approval, and preliminary plat approval for 1) a 167 lot single family residential subdivision known as "Kersey III Division 1," and 2) a 201 lot single family residential subdivision known at "Kersey III Division 2." At the conclusion of the hearing, Council voted 6-1 to approve the projects as recommended by the Hearing Examiner, with additional conditions of approval. Adoption of the attached ordinance will formally establish the action taken by Council on April 25". The conditions of approval includes the specific conditions imposed by Council in its motion to approve. L0511-9 03.6 PUD05-0002, REZ05-0002 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ® Building ® M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ® Parks ® Human Services ❑ Planning & CD ® Fire ® Planning ❑ Park Board ❑Public Works ❑ Legal ® Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ®Yes [:]No Call for Public Hearing Referred to Until _/_/_ Tabled Until —/—/ Councilmember: Norman Staff: Krauss Meeting Date: May 11, 2006 Item Number: VIII.A.2 AUBURN *MORE THAN YOU IMAGINED ORDINANCE NO.6 0 2 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A REQUEST TO REZONE APPROXIMATELY 38.46 ACRES FROM SINGLE FAMILY RESIDENTIAL (R1) TO PLANNED UNIT DEVELOPMENT (PUD) AND APPROVING THE REQUEST FOR A PLANNED UNIT DEVELOPMENT WHEREAS, Applications Nos. REZ05-0002 and PUD05-0002, dated April 8, 2005, were submitted to the City of Auburn, Washington by Dan and Stormy Hayes, Landholdings, Inc., requesting approval of a rezone and approval of a planned unit development to subdivide 38.46 acres into 201 lots for future single family residential development, open space, and street and utility tracts within the City of Auburn, Washington; and WHEREAS, said application was made concurrently with an application for preliminary plat approval for the same site (Application No. PLT05-0002); and WHEREAS, said applications were determined to be complete pursuant to Auburn City Code on June 8, 2005; and WHEREAS, said requests referred to above were 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 August 9, 2005, of which the Hearing Examiner recommended approval of the preliminary plat subject to conditions on September 2, 2005; and ---------------- Ordinance No. 6024 May 2, 2006 Page 1 of 11 WHEREAS, at its regular meeting of September 19, 2005, the City Council voted to conduct a closed record hearing on the Hearing Examiner's recommendations; and WHEREAS, a closed record hearing was held on October 3, 2005 and continued on October 17, 2005, at which time the City Council considered the Hearing Examiner's recommendations and the material presented to the! Hearing Examiner and argument made to the City Council at said closed record hearing; and WHEREAS, some of the arguments and comments received at the closed record hearing concerning matters related to the record drew into question significant portions of the Hearing Examiner's recommendations; and WHEREAS, after the closed record hearing, the City Council asked the applicant if he would be willing to accept the additional time it would take if the requests were remanded back to the Hearing Examiner for further review and consideration of issues raised by the Council, and the applicant's representative declined the offer, the City Council voted to deny the applications; and WHEREAS, on November 10, 2005, the applicants communicated to the City a willingness to waive the 120 -day project review timetable otherwise applicable for processing the application and a willingness to have the application remanded to the Hearing Examiner; and WHEREAS, at its regularly scheduled meeting of November 15, 2005, the City Council adopted Resolution No. 3947, remanded the application back to the ---------------- Ordinance No. 6024 May 2, 2006 Page 2of11 Hearing Examiner to re -open the record and consider how the development addressed or affected eight (8) defined issues; 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 February 22, 2006, of which the Hearing Examiner recommended approval of the revised preliminary plat subject to conditions on March 21, 2006; and WHEREAS, a closed record hearing was held on April 25, 2006, at which time the City Council considered the Hearing Examiner's recommendations, the material presented to the Hearing Examiner and argument made to the City Council at said closed record hearing and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the Findings of Fact, Conclusions and Recommendation which is attached hereto as Exhibit "A", subject to additional conditions of approval. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. The Hearing Examiner's Findings, Conclusions and Recommendation attached hereto as Exhibit "A" are herewith approved and incorporated Herein. Section 2. The request for rezone and planned unit development approval to allow a preliminary plat to subdivide 38.46 acres into 201 lots for future single family residential development, open space and street and utility ---------------- Ordinance No. 6024 May 2, 2006 Page 3 of 11 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: 1. Pursuant to RCW 36.70A.060, the following notice shall be placed on the final plat and on all building permits and deeds issued within the Kersey III development (Division I and Division II): NOTICE: This property is near designated mineral resource lands on which a variety of commercial activities occur that may not be compatible with residential development, including, but not limited to, mining, extraction, washing, crushing, stockpiling, , transporting, concrete and asphalt production, recycling of materials, and their related and supporting activities. 2. Prior to the issuance of final plat approval for any phase containing an open space tract, the Applicants shall submit, or enter into an agreement to submit, a Declaration of Covenants, Conditions, and Restrictions that conforms to the requirements of ACC 19.69.200. 3. As part of the engineering/construction drawings submitted for the construction of interior improvements to the subdivision, Applicant shall also submit engineering/construction drawings for the construction of all park improvements as depicted on the drawings submitted (Exhibit 5). The park improvements shall be approved by the City of Auburn's Parks Director prior to the approval of the construction drawings for the plat. Any materials supplied and installed for the parks must meet current City Parks Department standards and be approved by the Parks Director prior to installation and final plat approval. 4. Proposed Conditions, Covenants, and Restrictions (CC&Rs) for the future Kersey III Homeowners' Association shall be submitted for review and approval by City Staff prior to final plat approval. This document shall include architectural design criteria for new homes and specify the financial means of maintenance of all common open spaces. The CC&Rs shall provide that the Homeowners Association (HOA) shall be responsible to maintain and replace as necessary all trees, trails, special features and landscaping within any street median strip, planting strips and all HOA parks. In addition, the HOA shall maintain those portions of the stormwater tract located outside the fenced pond boundary, or if no ---------------- Ordinance No. 6024 May 2, 2006 Page 4 of 11 fence if provided, outside the 10 -year storm water surface elevation, as determined by the City Engineer. 5. Home designs shall be consistent with the Kersey 3 Division I & II Conceptual Building Design Guidelines dated January 9, 2006 and the submitted conceptual drawings and photographs submitted with the application. The Architectural Design Guidelines shall be incorporated into the CC&Rs for the project. The final design guidelines shall include a color palette for proposed house exterior colors. In addition, the following conditions shall apply. a) Homes shall feature multiple roof pitches on their street - facing facades. b) Garages shall be set back a minimum of 20 feet from the front property line. At least, but no more than, a two -car garage door shall face the street; tandem parking is acceptable. c) Home designs shall be varied such that no more than two homes sharing the same floor plan are located adjacent to one another d) Lot coverage shall not exceed 45%. 6. Final landscaping design shall be generally consistent with the Preliminary Overall Landscaping Plan, dated March 7, 2005, which was included with the Applicants' resubmittal for rezone, PUD, and preliminary plat ,approval (Exhibit 5, Sheets 3-5). The Applicants shall maximize the use of native and/or drought -resistant plants throughout the plat, including park and landscaped open space areas. Emphasis should be on the use of native vegetation, thereby mitigating the loss of native vegetation. 7. All lots abutting low-density residential development (Division I Lot numbers 19-62 and Division II Lot numbers 17-49) shall have, at a minimum, one tree in the rear yard setback to buffer the adjacent development from the PUD. 8. Any entrance sign shall be a low monument style with accenting landscaping. The number, style, and placement of signs and associated landscaping shall be approved by the Planning Director. 9. Fencing along the boundary of the plat shall be of consistent material, style, and color. The Planning Director shall approve such fences, which shall be equivalent to a six foot high solid wood fence. Any fencing to be erected adjacent to any of the planned pedestrian pathways requires the approval of the Planning Director. All residential properties that border on a native/open space, park, or drainage tract (Tract A, B, C, D, and 1) shall ---------------- Ordinance No. 6024 May 2, 2006 Page 5 of 11 be separated from these areas by use of a two- rail wooden fence of approximately three to four feet in height. This fence shall delineate the property line and prevent encroachment by the property owner into the native/open space, park, or drainage tract. The Homeowners' Association shall be responsible to maintain all fences required by this condition. 10.Applicants shall comply with all of the mitigation measures as noted on pages 9-19 of the Kersey III Preliminary Plat Final EIS (Exhibit 8 of the August 2005 Hearing), dated February 2005, and as otherwise noted throughout this recommendation. 11.Applicants shall construct a traffic signal at Evergreen Way SE and Kersey Way SE. This traffic signal must be constructed to the satisfaction of the City Engineer. 12.Applicants shall construct an active warning signal on southbound Kersey Way SE in advance of the intersection of Kersey Way SE and Evergreen Way SE. This active warning signal must be constructed to the satisfaction of the City Engineer.. 13.Applicants shall provide auxiliary lanes at the intersection of Evergreen Way SE and Kersey Way SE. These auxiliary lanes must be constructed to the satisfaction of the City Engineer. 14.Applicants shall provide access acceptable to the City of Auburn for properties abutting the intersection of Kersey Way and 53`d St. SE. 15. Prior to any final plat approvals, Applicants shall construct or post financial security for traffic controls to the satisfaction of the City Engineer at the intersection of Lakeland Hills Way and Evergreen Way SE. These traffic controls shall be designed and constructed as a round -about unless the City Engineer determines, based on design, that a round -about is not feasible. If the City Engineer determines that a round -about is not feasible, then the traffic controls shall be designed and construction as a traffic signal. 16. Prior to any final plat approvals, Applicants shall construct or post financial security for traffic calming and pedestrian safety amenities on Evergreen Way SE, in the vicinity of the park area near Olive Avenue. These traffic calming and pedestrian safety amenities must be constructed to the satisfaction of the City Engineer. 17.The EIS states that environment, namely habitat. Two main ---------------- Ordinance No. 6024 May 2, 2006 Page 6 of 11 there are unavoidable significant impacts on the impacts on wildlife populations and their associated impacts pertain to loss of native vegetation and fragmentation of habitat. Applicants shall endeavor to provide for preservation of a wildlife habitat by creating a corridor containing native vegetation, thereby mitigating these impacts. 18.Applicants shall engage in meaningful consultation with the Auburn School District. Communications should not merely seek to ensure that the school district can provide transportation, but that schools have the capacity to serve the students generated by the proposal without burdening or creating overcapacity at any school. Applicants shall be responsible for all school impact fees in a manner consistent with local and state law requirements. 19. 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 submitted and approved by the City of Auburn. The purpose of the plan should be to accomplish the maximum amount of grading at one time to limit or avoid the meed for subsequent grading and disturbance, including grading of individual lots 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 near by 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 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 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) and/or the City's Critical Areas Ordinance. Upon completion of rough grading and excavation, the applicant shall have a geo-technical engineer re -analyze the site and determine ilf new or additional mitigation measures are necessary. A revised geo-technical report shall be submitted to the City of Auburn for review and approval by ---------------- Ordinance No. 6024 May 2, 2006 Page 7 of 11 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. 20. Prior to final plat approval, a supplemental evaluation of stream channel conditions along Bowman Creek in vicinity of Stream Station 14+00 must be completed, including the off-site erosion feature observed at the outlet of the culvert under Kersey Way and near Bowman Creek. Appropriate mitigation shall be proposed to eliminate the observed erosion as well as any erosion determined be present from the supplemental evaluation of stream channel conditions along Bowman Creek. 21. 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 address or incorporate landscaping utilizing native vegetation, minimal side slopes, safety, maintenance needs, and function. Prior to final plat approval, a landscaping plan with applicable cross- sections is required to demonstrate that storm drainage pond aesthetic requirements consistent with City standards can be accommodated on- site. Storm drainage facilities shall be provided consistent with the City of Auburn Design Standards. In order to achieve this, the following design elements must be incorporated into the final design: • Vehicle access for maintenance to all proposed storm drainage structures is required. To provide an adequate and safe storm pond access, an appropriately designed pull -off shall be provided from Kersey Way SE to serve the pond. • 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. Maintenance access shall be provided to all structures proposed to be in public ownership. The remaining portions of this system shall be placed within a tract dedicated to the Homeowners Association for maintenance and operation. 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 outlet to the storm drainage pond. ---------------- Ordinance No. 6024 May 2, 2006 Page 8 of 11 To enhance the water quality of the discharge leaving the site, appropriately designed aeration shall be provided within the storm pond. Given the existing on-site drainage deficiencies in the vicinity of Kersey Way near 53rd Street SE, and subsequent flooding of the intersection, an appropriately designed storm drainage system shall be constructed to mitigate this condition. 22. The location and alignment of the force main and the proposed pump station shall be coordinated with adjacent property owners and the City to ensure it provides service to the desired basin. The public sanitary sewer pump station shall be located as directed by the City Engineer in order to allow room for large vehicle turnarounds so City vehicles do not have to back into public right-of-ways. The applicant shall provide sanitary sewer stub to the south property line located between Lots 27 and 28 of Division 1. The applicant shall provide an easement for possible future extension of the sanitary sewer system located at the SE corner of Tract D, Division 1. 23.All roads within the plat must be constructed to City standards (except where deviations are granted by the City Engineer) and shall be dedicated as public right of way. 24. The Applicants shall construct Evergreen Way to City standards for a residential collector arterial including a 10 foot landscaped center median/turn lane area through the plat boundaries. 25. The Applicants shall also construct median treatments to match the 10 foot center median/turn lane within the plat on the existing roadway west to Lakeland Hills Way, to the satisfaction of the city engineer. 26. The Applicants shall redesign pedestrian crossings at Road G and Evergreen Way and Road A and Evergreen Way to provide additional pedestrian refuge, to the satisfaction of the City Engineer. 27. The Applicants shall construct a minimum 10 -foot wide shared multi -use path, separated by a five foot landscape strip from the road, on the west side of Kersey Way for the length of the site frontage along Kersey Wa,y, to the satisfaction of the City Engineer. 28.The Applicants shall construct Kersey Way to a modified city standard for a minor arterial road, to include a 12 foot center turn lane, a 12 foot through northbound lane, a 12 foot through southbound lane, appropriate right turns ---------------- Ordinance No. 6024 May 2, 2006 Page 9 of 11 lane(s) at the intersection with 53rd Street SE, a five foot landscape strip and a minimum 10 -foot wide shared multi -use path on the west side. All other features about the road such as vertical curb, storm drainage and lighting must meet city standards. 29. The Applicants shall create a 50 -foot right of way stubbing to the south plat boundary, through the location of lots 27 and 28, Division 1, to align with 176th Avenue East. 30.A traffic impact fee equivalent to the fee being collected for the Lakeland Hills South PUD shall be paid at the time of building permits for individual homes. 31.A fire impact fee equivalent to the fee being collected for the Lakeland Hills South PUD shall be paid at the time of building permits for individual homes. 32. The Applicants shall comply with all conditions set forth in the Land Use Agreement entered into by the Applicants with the Bonneville Power Administration, a copy of which is attached hereto, marked as Exhibit C and incorporated herein by this reference. The Land Use Agreement set forth 15 conditions, including, but not limited to landscaping, distance from transmission line towers, and a minimum path width of 16 feet. Section 3. CONSTITUTIONALITY OR INVALIDITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 4. IMPLEMENTATION. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect five (5) days after publication as required by law.. Dated and Signed this day of , 2006. ---------------- Ordinance No. 6024 May 2, 2006 Page 10 of 11 CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk D4n ,W B' Hei City Attorney PUBLISHED: ---------------- Ordinance No. 6024 May 2, 2006 Page 11 of 11