HomeMy WebLinkAbout3075 1 RESOLUTION NO. 3 0 7 5
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, APPROVING THE PRELIMINARY PLAT OF AN ll-LOT
SINGLE-FAMILY SUBDIVISION LOCATED AT SOUTH SIDE OF 12TM STREET
4 SE IN THE 400 BLOCK, WITHIN THE CITY OF AUBURN, WASHINGTON.
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WHEREAS, Application No. PLT0003-98, dated October 28,
1998, has been submitted to the City of Auburn, Washington, by
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TERHUNE CONSTRUCTION, requesting approval of a Preliminary
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Plat for an ll-lot single-family subdivision located on the
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south side of 12th Street SE in the 400 block within the City
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of Auburn; and
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WHEREAS, said request above referred to was referred to
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the Hearing Examiner for study and public hearing thereon; and
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WHEREAS, pursuant to staff review, the Hearing Examiner
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conducted a public hearing to consider said petition in the
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Council Chambers of the Auburn City Hall on March 16, 1999 at
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7:00 p.m., at the conclusion of which the Hearing Examiner
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recommended approval of the Preliminary Plat; and
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WHEREAS, the City Council, on March 29, 1999 considered
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said request and affirmed the Hearing Examiner's
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recommendation for fezone based upon the following Findings of
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Fact and Conclusions, to-wit:
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Resolution No. 3075 CITY ATT~NEY
~ril 14, 1999 City of Auburn
Page i 25 W. Nain
Auburn, ~ 9~01
(2~) ~1-3030
1 Examiner's recommendation for rezone based upon the
2 following Findings of Fact and Conclusions, to-wit:
3 FINDINGS OF FACT
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1. The applicant, Terhune Construction, has
5 requested preliminary plat approval for an 11 lot
single family subdivision. The property is 2.66
B acres in size and is located on the south side of
12th Street SE in the 400 block. The property is
? zoned R-2 single family. There is currently a
single family home on the property that will
8 remain. There are also some other out buildings
some of which will be removed.
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2. The property will be provided access from a
10 new cul-de-sac that will be the extension of 14th
Street SE. All lots with the exception of two will
1! be provided access by the cul-de-sac. Lots two and
h 12th
three will access to 12t Street SE. Street is
12 a designated arterial.
13 3. To the east of the plat is a single-family
subdivision. To the west is a public park and to
14 the south is property owned by a church.
]5 4. The City council recently adopted new
comprehensive standards regarding street
1B construction. Most of the standards were contained
with the Land Division Ordinance. The standards
17 were removed from the Land Division Ordinance and
consolidated into a separate document. The plat as
18 proposed meets most of the new street standards
with 4 exceptions: 1) The radius of the
19 intersection of the new cul-de-sac with 14th Street
does not fully meet standards; 2) Since 12th Street
20 is an arterial, access for single family homes is
typically not allowed to arterials; 3) The new
21 standards now require street trees to be planted.
The standard is to require trees between the
22 sidewalk and curb. With the park on the west side,
it would be more practical to eliminate the
23 planting strip between the curb and sidewalk and
plant the trees on the park property. The City's
24 Park Department has agreed to this and will also
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~ril 14, 1999
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1 maintain the trees once planted. 4) The 'bubble'
that provides access to lots 7, 8, 9, 10 and 11
2 also does not meet standards.
3 5. The new standards also give the authority to
the City Engineer to review and approve deviations
4 to the new standards. The City Engineer's office
has indicated that the deviations are likely to be
5 approved. The applicant does need to make a formal
submittal to the City Engineer for his review and
6 approval.
7 6. At the time of the public hearing,
neighboring citizens expressed concern regarding
8 drainage, building height, access and fencing.
During the rebuttal period, Mr. Lynn Rued,
9 Assistant Planning Director, answered questions
presented by the citizens.
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7. The contents of the case file #PLT0003-98 and
11 the environmental file ~SEP0035-98 of this project
are hereby incorporated by reference and made part
12 of the record of this hearing.
13 CONCLUSIONS OF LAW
14 The preliminary plat may be approved because it is
consistent with the following criteria necessary to
approve a preliminary plat as outlined in Section
17.06.070 of the Land Division Ordinance.
1. Adequate provisions are made for the public
17 health, safety and general welfare and for
open spaces, drainage ways, streets, alleys,
18 other public ways, water supplies, sanitary
wastes, parks, playgrounds and sites for
19 schools and school grounds.
20 All provisions have been made to adequately
provide for streets and utilities. Due to
21 its small size there will not be an impact
22 upon either schools or parks.
2. Conformance of the proposed subdivision to
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the general purposes of the Comprehensive
Plan.
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~ril 14, 1999
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1 The plat is for a single-family subdivision
that is consistent with the single-family
2 designation on the property.
3 3. Conformance of the proposed subdivision to
the general purposes of any other applicable
4 policies or plans which have been adopted by
the City Council.
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The plat is able to be consistent with the
6 recently adopted street standards. Four
deviations to those standards are required.
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4. Conformance of the proposed subdivision to
8 the general purposes of the Land Division
Ordinance as enumerated in Section 17.02.030.
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The plat is consistent with Section 17.02.030
]0 in that it promotes the effective use of
land, adequately provides for utilities,
11 streets and does not adversely affect schools
and parks. The plat is also consistent with
12 the Comprehensive Plan.
13 5. Conformance of the proposed subdivision to
the Auburn Zoning Ordinance and any other
14 applicable planning or engineering standards
and specifications as adopted by the City.
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The plat meets or is able to meet the
16 requirements of the Zoning Ordinance. The
plat also meets or is capable of meeting the
]7 requirements of the street standards if the
]8 City Engineer approves the deviations.
6. The potential environmental impacts of the
19 proposed subdivision are mitigated such that
the preliminary plat will not have an
20 unacceptable adverse effect upon the quality
of the environment.
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The City has issued a Mitigated Determination of
22 Non-Significance that adequately mitigates any
adverse impact.
For each of the above stated reasons, the
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recommendation of the Hearing Examiner to the Auburn
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~ril 14, 1999
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] City Council on the application is affirmed, subject
2 to the following for a Preliminary Plat.
3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
4 AUBURN, WASHINGTON, IN A REGULAR MEETING DULY
5 ASSEMBLED, HEREWITH RESOLVES THAT:
6 Section 1. The above cited Hearing Examiner's
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Findings and Conclusions are herewith approved and
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incorporated in this Resolution.
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Section 2. The Preliminary Plat for an ll-lot
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single family subdivision located on the south side of
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12th Street SE in the 400 block, within the City of
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Auburn, legally described in Exhibit '~" attached
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hereto and incorporated herein by this reference, is
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15 hereby approved subject to the following conditions:
16 1. The deviations to the street standards need
to be approved by the City Engineer prior to the
17 submittal of construction drawings for the
construction of the plat.
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April 14, 1999
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2. The outbuildings that are illustrated to be
2 removed shall be removed prior to Final Plat
approval or a financial security posted that
3 guarantees their removal.
4 Section 3- The Mayor is hereby authorized to
5 implement such administrative procedures as may be
necessary to carry out the directives of this
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legislation.
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DATED and SIGNED this 19th day of April, 1999.
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CITY OF AUBURN
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13 CHARLES A. BOOTH
MAYOR
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15 ATTEST:
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Danielle E. Daskam,
18 City Clerk
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APPROVED AS TO FORM:
City Attorney
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~soi~on3075
Apdl14,1999
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EXHIBIT "A" ·
LEGAL DESCRIPTION OF PROPERTY
L'AI(CI~I_. A:
TIIAT PORTION OF THE SOUT!IEAST QUARTER OF TIlE NORI'HWEST
QUARTER OF SECTION 19, TOWNSHIP 21 NORTtl, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED
AS FOLLOWS:
BEGINNING AT TIlE NORTHWEST CORNER OF SAID SUBDIVISION ;LND
RUNNING THENCE SOUTH 0°54' 20" WEST ALONG THE WESTERLY
BOUNDARY OF SAID SUBDIVISION 30.01 FEET TO TIlE SOUTH LINE OF
12Ttl STREET SOUTHEAST AND THE TRUE POINT OF BEGINNING OF THE
TRACT HEREIN DESCRIBED;
THENCE CONTINUING SOUTH 0°54' 20" WEST ALONG THE WESTERLY
LINE OF SAID SUBDIVISION 509.99 FEET TO A CONCRETE MONUMENT;
TIIENCE SOUTIE 46"02'50" EAST 281.91 FEET;
THENCE NORTH 0"24'50" EAST PARALLEL WITH THE EASTERLY
BOUNDARY OF SAID SUBDIVISION 707.24 FEET TO THE SOUTH
BOUNDARY OF SAID 12TH STREET SOUTHEAST;
THENCE SOUTH 89"31'50" WEST ALONG THE SOUTH BOUNDARY OF SAID
12TtI STREET SOUTHWEST 200.d0 FEET TO THE TRUE POINT OF
BEGINNING;
EXCEPTING THEREFROM THAT PORTION OF TIlE SOUTHEAST QUARTER OF
TIlE NORT!!WEST QUARTER OF SECTION 19, TOWNSHIP 21 NORTH,
RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; .
THENCE SOUTH 0653'16'' WEST ALONG THE WEST LINE OF SAID
SUBDIVISION 540 FEET;
THENCE SOUTH 46°03' 54'' EAST 87.52 FEET TO Tile TRUE POINT OF
BEGINNING;
THENCE NORTH 89°31'28'' EAST 140.93 FEET;
THENCE SOUTH 0"23'45" WEST 136.05 FEET;
THENCE NORTH 46°03'54'' WEST '194.39 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL B:
TtIAT PORTION OF THE SOUTHEAST QUARTER OF TIlE NORTHWEST
QUARTER OF SECTION 19, TOWNSHIP 21 NORTH, PJ&NGE 5 EAST,
WILLAMET'rE MERIDIAN, IN KING COUNTY, WAS!IINGTON, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNEl< U~' SAID SUBDIVISION;'
THENCE SOUTH 0°53'16'' WEST ALONG THE WEST LINE OF SAID
SUBDIVISION 540 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 46e03'54" EAST 87.52 FEET;
THENCE SOUTH 89e31'28" WEST 63.97 FEET TO THE WEST LINE OF
SAID SUBDIVISION;
THENCE NORTH 0e53'16'' EAST ALONG SAID WEST LINE 61.26 FEET
TO THE TRUE 'POINT OF BEGINNING.
THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF
NECESSARY TO MEET STANDARDIZATION REQUIREMENTS. THE FULL
TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOC73MENT(S) TO BE
INSURED.
SECTION 19 TOWNSHIP 21N RJLNGE 5E SE QUARTER NW QUARTER.'
Resolution 3075
April 14, 1999
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