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HomeMy WebLinkAbout3462 RESOLUTION NO.3 4 6 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE PRELIMINARY PLAT OF 20.35 ACRES SINGLE FAMILY SUBDIVISION LOCATED EASTERLY OF "I" STREET NE IN THE 3200-3300 BLOCK. LOCATED WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. PL TOO-0004, dated October 25, 2002, has been submitted to the City of Auburn, Washington, by Sara Slatten of CamWest Development, Inc., requesting approval of a Preliminary Plat for a 117 single-family lots located East of I Street NE in 3200-3300 blocks 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 March 19, 2002, at the conclusion of which the Hearing Examiner recommended approval of the Preliminary Plat; and WHEREAS, the City Council, on April 15, 2002 considered said request and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT 1. The applicant, CamWest Development Inc., has requested approval of a preliminary plat in conjunction with a Planned Unit Development (PUD) for a single-family development on property that is located easterly of "I" Street NE in the 3200-3300 block. The parcel is 20.35 acres in size and is zoned Resolution 3462 April 23, 2002t Page 1 R-4 (5.9 acres), Multi-Family and R-2 (14.45 acres), Single Family. The Comprehensive Plan Map designation is High Density Residential for that 5.9-acre portion of the property that abuts "I" Street and the remaining 14.45 acres is a Single Family Residential designation. 2. The project consists of 117 single-family lots together with open space and recreation areas. The approximate size of the lots will range from 3,400 to 5,400 square feet. Since the project is a PUD, smaller lot sizes than those normally required are allowed. The standards for the lots are contained in Section 18.69.070 of the PUD chapter of the Zoning Code. 3. A Traffic Impact Analysis dated January 26, 1999 and revised September 15, 2000 was prepared to identify the potential for traffic impacts resulting from the proposed project. Based on the analysis provided and as reviewed and approved by City staff, it is concluded that the proposed action would generate 118 vehicle trips in the PM peak hour including 76 entering and 42 exiting trips. These trips were distributed and assigned to the street network and impacts identified. The Traffic Impact Analysis studied 13 key intersections as it relates to Level of Service (LOS) operating standards in the project's vicinity. The results of the LOS analysis indicate that the intersections studied will meet City LOS standards by operating at LOS D or better or that the project will not result in level of service reductions for those intersections operating at less than LOS D without the project. The subject parcel abuts the only undeveloped portion (approximately 245- feet in length) of "I" Street NE between 40th Street NE and Harvey Road. The City acquired the 60-foot width of right-of-way in 1991, but it has not been developed. "I" Street is a minor arterial and pursuant to section 17.12.100 of the City's Land Division Ordinance minor arterials that abut a plat are required to be constructed pursuant to the requirements of the "City of Auburn Design and Construction Manual". The applicant will be required to complete and dedicate to the City the full width of street improvements to "I" Street NE including curb, gutter, sidewalk, illumination and landscaping to match the existing corridor to the north and south of the subject parcel, which will complete a through connection of "I" Street NE. At the time of the public hearing, the applicant, through counsel, submitted a Legal Memorandum and objected to the proposed condition that he be required to improve the west side of this portion of "I" Street. The applicant argued that he cannot be required to improve property which does not abut the property that he is developing. Resolution 3462 April 23, 2002 Page 2 The sidewalk, street trees and street lights will not however be required to be constructed on the west side of this portion of "I" Street. The property on the west side is zoned commercial but contains a single family home. At the time that property is converted to a commercial use the sidewalk, street trees and street lights will then be constructed. The City Engineer pursuant to the provisions of the City of Auburn Design and Construction Manual has the authority to grant deviations to the requirements of the Manual. The City Engineer has recommended that the deviation will be granted. The subject development proposes a single access point to the public right- of-way ("I" Street NE) with no other provisions for ingress/egress for the site. The internal road lengths substantially exceeds 600 linear feet without providing for additional access connections. While the length exceeds the City's limit for dead-end streets, the City recognizes that due the nature of the abutting properties that it is not possible to attain an additional access point and the City Engineer has recommended the approval of a deviation request which would allow for the single access point. The entrance to the project will, however, be wider than a standard street as well as provide a boulevard to separate traffic. The purpose is to facilitate the emergency access to the project. 4. Traffic calming devices will be required on the internal streets of the plat to prevent public safety hazards that may result from excessive speeding on straight, flat roadways. While the applicant has proposed chicanes at selected portions of the plat, the final design and placement of the chicane shall be approved as a component of the civil plan review. The City has identified that the approved design of on-site traffic calming devices may require the reconfiguration of adjacent lots and access point to accommodate safe traffic movements. The traffic calming devices will also provide for some aesthetic interest by interrupting a long, straight street as well as providing for some additional landscaping. 5. The City's Park Plan requires that for every 1,000 people a project will generate, that 7.25 acres of "unimproved" park land be dedicated to the City. In the subject case 2.375 acres is required to be dedicated and 1.07 acres is proposed to be dedicated that meets the requirements of the City of Auburn. Section 18.69.080 (A)(2) does allow the City to accept a lesser amount of park area if the PUD developer provides improvements to the park land that is being dedicated. While only 1.07 acres is being accepted to meet the City's park dedication requirements, there will actually be 3.89 acres dedicated to the City. This is illustrated as Tract "D" on the plat drawing. Tract "D" will also contain a storm drainage facility and a portion of the tract is also in the floodway of the Green River. To make up for the Resolution 3462 April 23, 2002 Page 3 1.31 acres that is not going to be dedicated the developer will provide improvements to this park. 6. The storm drainage facility proposed for Tract "D" is planned to be an interim use at this location. The City of Auburn does own the parcel to the north and this parcel is planned to be developed for a regional storm water facility. There is no definitive time frame for the development of the regional facility but when it does occur the storm water facility planned for the subject property will not be needed since it will be able to connect to the City's regional system. When the storm water facility is moved from tract "D" it will be converted into park area. Lots 35, 36 and 37 will also be temporarily encumbered by the storm facility. When the City's storm drainage facility to the north is developed these three lots will then be converted to building lots for single family homes. 7. At the time of the public hearing, there was some testimony expressing concern regarding the traffic impacts of the development. The developer has been required as a condition of the development of the parcel to adequately mitigate the traffic impacts. 8. The contents of the case file #PL TOO-004 and the environmental file #SEPOO-0028 of this project are hereby incorporated by reference and made part of the record of this hearing. 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 are made for each including emergency access and services, providing of public utilities, storm drainage, parks and open space and the impacts to schools will be mitigated by the payment of mitigation fees to the Auburn School District. 2. Conformance of the proposed subdivision to the general purposes of the Comprehensive Plan. Resolution 3462 April 23, 2002 Page 4 Policy LU-20 speaks to the development of new residential neighborhoods that allows some flexibility with regard to the development standards. 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 are no other specific plans or policies that apply to the project. 4. Conformance of the proposed subdivision to the general purposes of the Land Division Ordinance as enumerated in Section 17.02.030. The preliminary plat is consistent with Section 17.02.030 in that it promotes the effective use of land, facilitates adequate provision for all utilities as well as parks and schools, provides proper ingress and egress, provides for housing, and implements 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 preliminary plat either conforms or is capable of conforming to the Zoning Ordinance and the Design and Construction Manual of the City of Auburn. The developer cannot be required to improve the street which does not front on his property pursuant to ACC 12.64.030 C. 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 was issued which contained 11 conditions of approval that will result in the plat to not have an unacceptable adverse effect upon the quality of the environment. DECISION For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this preliminary plat application is approval, subject to the following conditions: 1. Lots 34,35 and 36 shall not receive final plat approval until an alternate storm water drainage system is available and the plat/PUD is connected to the alternate system. When it is determined by the City Engineer that these lots are no longer required as part of the plat's/PUD's storm drainage Resol ution 3462 April 23, 2002 Page 5 system, the City will relinquish the easement rights to the lots and allow for final plat approval of the lots and allow a home to be subsequently built on each of the lots. 2. The applicant will be required to complete and dedicate to the City the full width of street improvements to "I" Street NE including curb, gutter, sidewalk, illumination and landscaping to match the existing corridor to the north and south of the subject parcel. The sidewalk, street trees and street lights will not however be required to be constructed on the west side of this portion of "I" Street pursuant to ACC 12.64.030 C. 3. The approval of this preliminary plat is only valid upon the approval and execution of the associated PUD, file PUDOO-0001. 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, Conclusions and Decision are herewith approved and incorporated in this Resolution. Section 2. The Preliminary Plat for a 117 -lot single-family subdivision, within the City of Auburn, legally described in Exhibit "A" attached hereto and incorporated herein by this reference, is hereby approved. Section 3. This resolution shall be effective upon passage and signature hereon. Resolution 3462 April 23, 2002 Page 6 t'1~ DATED and SIGNED this L day of April, ~002. CITY OF AUBURN W PETER B. LEWIS MAYOR ATTEST: ~ulJY c",(k",bAJ Danl lie E. Daskam, City Clerk aniel B. Heid, City Attorney Resolution 3462 April 23, 2002 Page 7 ..---"" .~ . , ****....oI.AAJ.J...L.**************..."A.J..lA..LJ.....A.**AA.l..AJ.J..lL....AJ..l4...A.A...J...U.J.AJ.******** LEGAL DESCRIPTION OF PROPERlY That portion of the north 378.84 feet of the south 906.84 feet of the H. H. Jones Donation Land Claim No., 39 in section 6, township 21. ~oJ:'th, range 5 east, Willamette Meridian, in King County, Washington,; lying wes't of the left bank Of the Green'River; except" the west 2,"239.00 feet thereof; and except any portion thereof lying within JOhn Redington Road No.2; . " Together with an easement of igress, egress and utilities over and across a strip of land, 10 feet in width, lying north of a lin~"described as follows: Beginning at the southwest corner of said parcel; thence running west '686 west, more or less, .to the east line of state highway No.5 (Auburn Way' Nort"n) r" Resolution 3462 Exhibit "An