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HomeMy WebLinkAbout3602RESOLUTION NO. 3 6 0 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE PRELIMINARY PLAT OF 110 LOT SUBDWISION LOCATED ON THE WEST SIDE OF EVERGREEN WAY SE, EXTENDING FROM 69TH STREET SE ALONG THE TOP OF SLOPE TO 64TH STREET SE (IF EXTENDED). LOCATED WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. PLT02-0001, dated December 23, 2002, has been submitted to the City of Auburn, Washington, by Lakeland Land Development LLC, requesting approval of a Preliminary Plat for 110 lot subdivision located on the west side of Evergreen Way SE, extending from 69th Street SE along the top of slope to 64th Street SE (if extended). The subject lot is approximately 850-feet off of Evergreen Way SE at its northern terminus 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 18, 2003, of which the Hearing Preliminary Plat on March 28, 2003; and Examiner recommended approval of the WHEREAS, the City Council, on April 7, 2003 considered said request and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the following Findings of Fact and Conclusions, to-wit: Resolution '3602 April 21, 2003 Page 1 o o FINDINGS OF FACT Lakeland Land Development LLC, the owners of the Lakeland South Planned Unit Development (PUD) in Pierce County, have requested preliminary plat approval for a 110 lot subdivision. The property is located within the annexed area of Pierce County, in the Lakeland South Planned Unit Development (PUD). Chapter 18.76 of the Auburn Zoning Code governs the land uses allowed within the PUD. Auburn City Code (ACC) Section 18.76.060 allows for the single-family plat and will be governed by the "SFD-5" regulations. The "SFD-5" regulations require a minimum lot size of 2,730 square feet and a minimum lot width of 40 feet. A final development plan (map) was also adopted as part of the approved PUD. The plan illustrates the area of the preliminary plat to be appropriate for residential uses at a density of two to fourteen units per acre and 600 maximum dwelling units. Other approvals in this planning area combined with the proposed lots bring the cumulative total dwelling count to 322 units to date. As part of a preannexation agreement between the City of Auburn and the owners of the Lakeland South PUD, it has been agreed that the City will issue building permits up to a point that development within the Lakeland South PUD generates 800 PM vehicle trips. In order to exceed 800 PM vehicle trips, the pre-annexation agreement required that the Parkway must be open between Lakeland Hills Way and the East Valley Highway. This provision has been satisfied. The City of Auburn will provide police protection, fire protection, sanitary sewer and storm drainage services. The plat is within the Auburn School District and the City collects impact fees for the school district. The City of Bonney Lake, pursuant to a previously executed agreement between the City of Auburn and the City of Bonney Lake, will provide water. A water availability certificate has been provided to the City of Auburn but indicates that an off-site waterline extension is required before water is available. The waterline construction is necessary to provide water flow to serve the development. Until the subject line is put into service, the water utility will not be capable of meeting water demand for fire flow or drinking water to serve the proposed subdivision. 6. The configuration of the underlying original lot has resulted in plat that is linear in nature. As such, the principal street circulation pattern relies on a single private street corridor with two points of access to the public street and internal access to the adjoining development. Access limitations to these access corridors to the public street are needed to ensure that they remain open and unobstructed to allow for adequate public safety response and overall site circulation. Resolution 3602 April 14, 2003 Page 2 o o 10. 11. 12. In accordance with Auburn City Code Section 10.36.175, the private street shall be posted as a Fire Lane with parking on one side only, to the satisfaction of the Fire Marshal. The Final Environmental Impact Statement "Proposed Lakeland Hills South Mining 7 Reclamation Plan & Planned Unit Development" issued by Pierce County July 21, 1992, identified that a 25-foot building setback to the top of slopes equal to or greater than 40% should be observed to prevent landslides and buffer to landslide hazard areas. The requirement was made based of the "Soils, Geology, Geologic hazards and Geohydrology report, dated May 1991, prepared by Associated Earth Sciences and incorporated as a referenced technical report for the subject EIS. Auburn City Code sections 18.48.130 and 18.48.140 define the provisions related to access tracts and gated subdivisions, respectfully. The applicant shall be required to demonstrate that the subject plat meets all Code requirements related to those provisions during the civil review processing phase of the project's development. Nothing in the preliminary plat approval is intended to relieve the applicant from those requirements. The plat illustrates a number of "tracts". Most of the tracts are for landscaping and signage that will be owned and maintained by the homeowners association. Proposed tract G will not be permitted as a "future development tract", as proposed. While it is understood the intent may be to incorporate the tract into a future preliminary plat application to the north, under a separate application, that would affect the external boundary of the existing plat. Disposition of proposed tract G shall be addressed prior to the issuance of Final Plat approval. At the time of the public hearing, there was no public testimony or input. All of the testimony was provided by the City of Auburn and the applicant. The contents of the case file, PLT02-0001, of this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS OF LAW Staff has recommended to the undersigned Hearing Examiner that the preliminary plat may be approved 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. Resolution 3602 April 14, 2003 Page 3 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. The PUD ordinance, the preannexation agreement, and compliance with the City's regulations have ensured that adequate provisions have been made regarding the above items. Conformance of the proposed subdivision to the general purposes of the Comprehensive Plan. The density of the plat is less than 14 dwelling units per acre and is consistent with the "Moderate Density Residential" designation on the Comprehensive Plan Map. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans that have been adopted by the City Council. The plat is consistent with the Lakeland PUD Ordinance, the preannexation agreement, and the specific utility studies that have been done for the Lakeland project. Conformance of the proposed subdivision to the general purposes of the Land Division Ordinance as enumerated in ACC Section 17.02.030. The plat is not inconsistent with the purpose of the Land Division Ordinance. 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 has been or is capable of being designed in accordance with all applicable engineering requirements including the City's Design and Construction Manual and all development standards of the Auburn Zoning Ordinance. 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. An Environmental Impact Statement (EIS) was prepared for the PUD in 1992. The proposal, as conditioned, is consistent with the EIS. Resolution 3602 April 14, 2003 Page 4 DECISION Based on the Facts and Findings and Conclusions of the staff report and the testimony elicited at the public hearing from the Staff and the applicant, the Hearing Examiner recommends to the City Council approval of the preliminary plat subject to the following conditions: Prior to the issuance of vertical construction permits or the authorization to stockpile combustible construction material anywhere on-site, the applicant must provide documentation from the City of Bonney Lake that the waterline extension referenced in the water availability certificate has been approved, completed and placed in service. The current water availability certificate (dated January 16, 2003 from the City of Bonney Lake) indicates water availability is contingent of the off-site extension of a 12-inch water line. Prior to the issuance of vertical construction permits or authorization to stockpile combustible material in any area of the plat, but after condition 1 has been satisfied, the applicant shall provide and maintain two access points or the City Engineer and Fire Marshal can approve an alternate circulation that is capable of meeting the city's 600-foot standard for dead-ends/cul-de-sacs in order to provide adequate circulation and public safety response. 3. No lots within the plat shall directly access the extension of 69th Street SE or the northern access corridor that serves as the northern limit of the plat. Prior to the application for Final Plat, the applicant shall document that sight distance triangles at all intersections have been met. This may result in minor changes to be made to provide for the proper curb radius dimensions to ensure that the requirements are achieved. o The applicant shall prepare a Final Landscaping Plan that demonstrates in addition to the landscaping within the proposed tracts, at least one street tree shall be provided within the width of each lot, except for proposed lot 44. Based upon the suggested street tree planting requirements for a 5-foot planter width, as defined by the City's Design and Construction Standards, lots proposed at a width greater than 50-feet may capable of supporting two or more street trees. Care should be given by the applicant to account for individual lot ingress/egress when defining the location of proposed street trees. Resolution 3602 April 14, 2003 Page 5 o ° o The applicant shall provide root deflection devices or similar mechanism for all trees planted within the 5-foot width of street landscaping to ensure that mature trees do not contribute to sidewalk or pavement deterioration. These devices shall be shown on the landscaping plan to be approved concurrent with the applicant's street construction plans. The turn around shown proximate to proposed lots 42-45 shall provide through access to the north to facilitate adequate public safety circulation through both affected developments. A 25-foot building setback shall be provided to the top of the slope for proposed lots 64-110. The restriction shall be shown on the face of the Final Plat. Tract G is not approved. Prior to the City accepting an application for Final Plat for the subject subdivision the applicant shall dispose of proposed tract G in one of the following manners: ao The applicant shall prepare and submit a lot line adjustment in accordance with Auburn City Code requirements to adjust the external boundary of the subject plat to conform to the proposed northern limits of proposed lot 110. b. The applicant shall revise the proposed lot lines of lots proximate to and south of proposed tract G to assume the area otherwise designated as the subject tract. 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 110 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 3602 April 14, 2003 Page 6 DATED and SIGNED this~/--' day of April, 2003. ATTEST: CITY OF AUBURN PETER B. LEWIS MAYOR Danielle E. Daskam, City Clerk Daniel B. Heid, City Attomey Resolution 3602 April 14, 2003 Page 7 Lot #2, City of AubUrn short plat, as recorded under Recording No.- 200211145001 records of Pierce County, Washington. Res No. 3602 Exhibit "A" Page 1