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Home My WebLink About3202 RESOLUTION NO.3 2 0 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE PRELIMINARY PLAT OF A 3-LOT SINGLE-FAMILY SUBDIVISION LOCATED IN LAKELAND HILLS ON 51sT STREET, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. PL T0003-99, dated December 6, 1999, has been submitted to the City of Auburn, Washington, by HENDERSON HOMES, requesting approval of a Prelimi!1ary Plat for a 3-lot single-family subdivision located in Lakeland Hills on 51st Street SE within the City of Auburn; and WHEREAS, said request above referred to was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on February 29, 2000 at 7:00 p.m., at the conclusion of which the Hearing Examiner recommended approval of the Preliminary Plat; and WHEREAS, the City Council, on March 14, 2000 considered said request and affirmed the Hearing Examiner's recommendation for rezone based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT 1. Chuck Henderson has requested preliminary plat approval for a 3 lot single family subdivision. The subdivision is located in Lakeland Hills on 51st Street SE. The property is zoned R-2, Single Family, and is currently vacant. ---------------- Resolution 3202 March 31,2000 Page 1 2. The proposed plat is part of a preliminary plat (Division 12) that was approved in 1995. Division 12 was at that time approved for a total of 12 lots. A surface mining permit was also approved that allowed for significant excavation of Division 12. Subsequent to the approval of the plat and mining permit in 1995, the City revised the Zoning Ordinance so that a surface mining permit is no longer required for a project of this size. 3. The remainder of Division 12 has been constructed and homes have been built. The subject parcel of property has not been excavated in preparation for the lot construction. The preliminary plat that was approved in 1995 had also allowed for 3 lots in this area. There was also previously approved a significant amount of excavation that would have allowed all lots to have direct access to 51 st Street SE. The applicant now would like to revise the approved preliminary plat. The revision would allow for a private street access to be constructed that would allow the lots to access to the private street as opposed to 51st Street SE which was previously approved in 1995. All lots would still have frontage on 51 st Street, but the lot access would be to the private street. 4. Pursuant to Section 17.12.170, of the Land Division Ordinance, private streets may be used for access to lots and shall be constructed in conformance with the City of Auburn Design and Construction Standards as determined by the City Engineer. 5. The environmental review for the project has been completed and a Mitigated Determination of Non-Significance (MDNS) was issued on January 24, 2000. The MDNS contains 7 conditions of approval. The conditions address preservation of steep slopes, protection of significant trees, requires a geotechnical report for home construction, and requirements for storm drainage and erosion control. 6. The contents of the case file, #PL T0003-99, and the environmental file, #SEP0045-99, of this project are hereby incorporated by reference and made part of the record of this hearing. ____________u Resolution 3202 March 31, 2000 Page 2 CONCLUSIONS OF LAW The preliminary plat may be approved, if properly conditioned, in that 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 health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and school grounds. Adequate provisions have been made for access to the lots, all utilities are provided for, the parks have been provided for the overall Lakeland project, and school impact fees will be required. 2. Conformance of the proposed subdivision to the general purposes of the Comprehensive Plan. The Comprehensive Plan illustrates the area to be appropriate for single family uses. 3. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans which have been adopted by the City Council. There is no evidence that the plat is not in conformance with all applicable plans and policies. 4. Conformance of the proposed subdivision to the general purposes of the Land Division Ordinance as enumerated in Section 17.02.030. The plat conforms with Section 17.02.030 by promoting the effective use of land, providing for adequate utilities, schools and parks, and is consistent with the Comprehensive Plan. 5. Conformance of the proposed subdivision to the Auburn Zoning Ordinance and any other applicable planning or engineering standards and specifications as adopted by the City. The plat either meets or is capable of meeting the requirements of the Zoning Ordinance and engineering requirements. The ------------ Resolution 3202 March 31, 2000 Page 3 drawing does illustrate a 20-foot rear yard setback for lot 3. A 25- foot rear yard is required. 6. The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment. A Mitigated Determination of Non-Significance has been issued with 7 conditions of approval that preclude any environmental impacts of the plat. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The above cited Hearing Examiner's Findings and Conclusions are herewith approved and incorporated in this Resolution. Section 2. The Preliminary Plat for a 3-lot single family subdivision located in Lakeland Hills on 51st Street SE, within the City of Auburn, legally described in Exhibit "A" attached hereto and incorporated herein by this reference, is hereby approved subject to the following conditions: 1. The private street shall be constructed consistent with the standards of the City of Auburn Design and Construction Standards as determined by the City Engineer. 2. That portion of Tract "A" that is not paved for the private street shall be landscaped. The area shall be landscaped with a mix of evergreen and deciduous trees. The deciduous trees shall be 1- Y, inches to two inches in caliper at the time of planting. The evergreen trees shall be 4-6 feet in height at the time of planting. All species shall be native to the Northwest and be planted at an average spacing of 20 feet. 3. Street trees shall also be provided along the frontage of 51st Street. The size, species and spacing shall be consistent with __u_n_._____ Resolution 3202 March 31, 2000 Page 4 those planted in Division 12. The Planning Director prior to final plat approval shall approve a landscape plan that incorporates this condition and condition #2. Existing trees may be used to satisfy this condition as approved by the Planning Director. All trees, including those required by condition #2 shall be installed prior to occupancy of any home. A maintenance bond, pursuant to Section 18.50.060(F) of the Auburn City Code, shall be posted prior to final plat approval. DATED and SIGNED this 3rd day of April, 2000. CITY OF AUBURN ~~. ß~*- CHARLES A. BOOTH MAYOR ATTEST: Ccuu¿V6 é ~ Dantelle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Rè nolds, City Attorney ____nn______ Resolution 3202 March 31, 2000 Page 5 (~ LAKE LAND DIVISION NO.12, PHASE II PRELIMINARY PLAT AMENDMENT LEGAL DESCRIPTION THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST 1/16 CORNER OF SAID SECTION; THENCE SOUTH 00°49'54" WEST ALONG THE EAST 1/16 LINE OF SECTION 31, A DISTANCE OF 1,304.90 FEET TO THE C-E 1/16 CORNER OF SECTION 31; THENCE SOUTH 89'37'22" EAST ALONG THE E-WCENTER Y. LINE OF SECTION 31, A DISTACE OF 85.00 FEET TO A POINT ON THE E-W CENTER y. LINE OF SECTION 31, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF THE PLAT OF LAKELAND DIVISION NO.12, PHASE I, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 177 OF PLATS, PAGES 20 THROUGH 25, INCLUSIVE, IN KING COUNTY, WASHINTON; THENCE S 12°22'38" W ALONG THE EAST LINE OF SAID PLAT OF LAKELAND DIVISION NO.12, PHASE I FOR A DISTANCE OF 121.15 FEET; THENCE N 84°37'22" W 254.99 FEET; THENCE S 05"22'28" W 50.00 FEETTO A POINT ON THE SOUTHERLY MARGIN OF 51sT STREET SOUTHEAST AND A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY TO A RADIUS POINT OF WHICH BEARS S 05"22'38" W 450.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE TO THE LEFT OF O-t 22'36" FOR AN ARC DISTANCE OF 57.94 FEET TO THE TURE POINT OF BEGINNING; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE TO THE LEFT OF 41'02'34" FOR AN ARC DISTANCE OF 369.47 FEET TO A POINT OF TANGENT; ; THENCE S 40°57'28" W 148.96 FEET; THENCE S 50° 40'18" E A DISTANCE OF 143.82 FEET; THENCE N 48°02'04" E A DISTANCE OF 203.64 FEET; THENCE N 6t02'11" E A DISTANCE OF 156.33 FEET TO THE SOUTHWEST CORNER OF SAID PLAT OF LAKE LAND DIVISION NO. 12, PHASE I; THENCE ALONG THE WEST LINE OF SAID PLAT N 0~22'38" E A DISTANCE OF 161.94 FEET TO THE TURE POINT OF BEGINNING. 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