HomeMy WebLinkAbout05-11-2006 ITEM VIII-A-3* mss=
Cl OF
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject:
Date:
Ordinance No. 6026, approving a request to rezone approx. 50.85 acres
May 8, 2006
from single family residential (R1) to Planned Unit Development (PUD)
and approving the request fora tanned unit development.
Department: Planning,
Attachments: Ordinance No. 6026
Budget Impact: None
Building and Community
Administrative Recommendation:
City Council introduce and adopt the Ordinance No. 6026.
Background Summary
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 25th. The
conditions of approval includes the specific conditions imposed by Council in its motion to approve. 111
L0511-10
03.5 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.3
AUBURN *MORE THAN YOU IMAGINED
ORDINANCE NO.6 0 2 6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING A
REQUEST TO REZONE APPROXIMATELY 50.85
ACRES FROM SINGLE FAMILY RESIDENTIAL (R1)
TO PLANNED UNIT DEVELOPMENT (PUD) AND
APPROVING THE REQUEST FOR A PLANNED
UNIT DEVELOPMENT
WHEREAS, Applications Nos. REZ05-0001 and PUD05-0001, dated April
8, 2005, were submitted to the City of Auburn, Washington by Wayne Jones,
Lakeridge Development, requesting approval of a rezone and approval of a
planned unit development to subdivide 50.85 acres into 167 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. PLT05-0001); 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
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
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Ordinance No. 6026
May 2, 2006
Page 1 of 11
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
Hearing Examiner to re -open the record and consider how the development
addressed or affected eight (8) defined issues; and
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Ordinance No. 6026
May 2, 2006
Page 2 of 11
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. APPROVAL OF FINDINGS, CONCLUSIONS AND
RECOMMENDATION. The Hearing Examiner's Findings, Conclusions and
Recommendation attached hereto as Exhibit "A" are herewith approved and
incorporated herein.
Section 2. APPROVAL AND CONDITIONS. The request for rezone and
planned unit development approval to allow a preliminary plat to subdivide 50.85
acres into 167 lots for future single family residential development, open space
and street and utility tracts within the City of Auburn, legally described in Exhibit
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Ordinance No. 6026
May 2, 2006
Page 3 of 11
"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
fence if provided, outside the 10 -year storm water surface elevation, as
determined by the City Engineer.
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Ordinance No. 6026
May 2, 2006
Page 4 of 11
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 1749) 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
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
Ordinance No. 6026
May 2, 2006
Page 5 of 11
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 53rd 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 there are unavoidable significant impacts on the
environment, namely impacts on wildlife populations and their associated
habitat. Two main 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.
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Ordinance No. 6026
May 2, 2006
Page 6 of 11
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 need 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 if 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
the City Engineer. Recommendations for areas where subsurface water
is known or discovered shall be given particular attention by the
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Ordinance No. 6026
May 2, 2006
Page 7 of 11
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.
To enhance the water quality of the discharge leaving the site,
appropriately designed aeration shall be provided within the storm pond.
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Ordinance No. 6026
May 2, 2006
Page 8 of 11
Given the existing on-site drainage deficiencies in the vicinity of Kersey
Way near 53`d 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 Way, 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
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
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Ordinance No. 6026
May 2, 2006
Page 9 of 11
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 seat 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 irnplement
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.
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Ordinance No. 6026
May 2, 2006
Page 10 of 11
CITY OF AUBURN
PETER B. LEWIS,
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
PUBLISHED:
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Ordinance No. 6026
May 2, 2006
Page 11 of 11