HomeMy WebLinkAbout3737
RESOLUTION NO.3 7 3 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING THE PRELIMINARY
PLAT TO SUBDIVIDE 2.92 ACRES OF LAND, TAX PARCELS
272105-9158 AND 272105-9185, INTO TEN SINGLE FAMILY
RESIDENTIAL LOTS
WHEREAS, Application No. PL TOO-0003, dated March 29, 2000, June
1, 2000, and November 1, 2001, has been submitted to the City of Auburn,
Washington, by Marshall Bain, requesting approval of a Preliminary Plat to
subdivide 2.92 acres of land tax parcels 272105-9158 and 272105-9185 into
ten single-family residential lots, 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 May 18, 2004, of which the Hearing Examiner recommended
approval of the Preliminary Plat on May 18, 2004; and
WHEREAS, the City Council, on June 7, 2004, 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 requested approval of a preliminary plat to subdivide 2.92
acres of land (tax parcels 272105-9158 and 272105-9185) into ten single-
family residential lots. The subject property is located on the west side of
----------------------------
Resolution No. 3737
June 15, 2004
Page 1
the 2800 block of Academy Drive SE in Auburn, Washington. Hearing
Examiner's Exhibit 1, page 1; Exhibit 2; Exhibit 8.
2. The preliminary plat application was first submitted on March 29, 2000, then
resubmitted on June 1, 2000 and November 1, 2001. Hearing Examiner's
Exhibits 2 & 4.
3. The subject property is zoned Single-Family Residential (R-2). Hearing
Examiner's Exhibit 1, page 1.
4. Lot standards applicable to development in the R-2 zone include a
minimum lot area of 6,000 square feet, a minimum lot width of 60 feet, and
a minimum lot depth of 80 feet. ACC 18.14.040. Each of the proposed
lots would meet or exceed these standards. The lots would range from
8,373 square feet to 12,443 square feet in area. Hearing Examiner's
Exhibit 8.
5. The City of Auburn Comprehensive Plan designation of the subject
property is Single Family Residential. Hearing Examiner's Exhibit 1, page
1
6. The subject property has been designated by the City of Auburn as an
aquifer recharge area. Hearing Examiner's Exhibit 6. No limitations to
development of the site due to the aquifer recharge area was identified
during the SEPA environmental review process or at the open record
hearing. See Hearing Examiner's Exhibits 5 and 6. There are no other
environmentally sensitive areas on site. Hearing Examiner's Exhibit 6.
7. Access to the plat would be from Academy Drive SE. At the proposed plat
entrance, Academy Drive SE currently has a right-of-way width of
approximately 37.5 feet and a roadway width of approximately 20 feet.
The Applicant proposes to dedicate ten feet of right-of-way along the
property frontage and construct half-street improvements, including
widening the roadway to 17 feet from the centerline and constructing a
new curb and gutter, planter strip and cement concrete sidewalk. Hearing
Examiner's Exhibit 5; Exhibit 8.
8. Access to individual lots within the plat would be from a new cul-de-sac
road (Bain Lane SE). The road would consist of 50 feet of right-of-way, 28
feet of pavement and half-foot wide curbs and gutters, five-foot wide
sidewalks and 5.5 - foot wide planter strips on both sides of the road.
Hearing Examiner's Exhibit 8.
----------------------------
Resolution No. 3737
June 15, 2004
Page 2
9. Pursuant to ACC 19.04.040, the Applicant would be required to pay traffic
impact fees at the time of building permit issuance based on the fee
schedule in effect at the time of building permit application. Hearing
Examiner's Exhibit 1, page 2; ACC 19.04.040.
10. Prior to drainage into the street storm water pipe on Bain Lane SE, runoff
from the lots of the plat would directed to individual swales for infiltration.
As depicted on the revised plat map, Hearing Examiner's Exhibit 8, storm
water runoff from Bain Lane SE would be piped to a grass-lined
biofiltration swale for treatment prior to release into an infiltration gallery.
Hearing Examiner's Exhibit 3; Exhibit 8; Testimony of Mr. Seabrands.
11. Potable water and sanitary sewer would be provided by the City of Auburn.
These utilities are available to serve the site. Utility service to individual
lots would require the extension of eight-inch water and sewer lines.
Hearing Examiner's Exhibit 1, page 2; Exhibit 6.
12. Development of the site is subject to the requirements of the City's Design
and Construction Standards manual. Compliance with these standards
would be determined through the civil plan review process. Per staffs
preliminary review, the Applicant is capable of providing all required public
infrastructure in accordance with City standards. Hearing Examiner's
Exhibit 1, pages 2-3.
13. Pursuant to ACC 17.12.260, the plat is exempt from the City's park and
recreation mitigation requirements. Park and recreation mitigation is
generally required of developments of 50 lots or more. Hearing
Examiner's Exhibit 1, page 2; ACC 19.02.070.
14. The subject property is located within the Auburn School District. Pursuant
to ACC 19.02.070, the Applicant would be required to pay school impact
fees prior to building permit issuance for each lot. Hearing Examiner's
Exhibit 1, page 2; ACC 19.02.070.
15. Pursuant to the State Environmental Policy Act (SEPA), the City of Auburn
acted as lead agency for review of environmental impacts caused by the
proposal. The City issued a Final Mitigated Determination of
Nonsignificance (MDNS) on June 5, 2002. The MDNS contains three
conditions addressing the establishment of a haul route and the protection
of cultural and historic resources. The SEPA Responsible Official based
these conditions on Comprehensive Plan policies EN-16, EN-20, HP-1,
HP-3 and HP-7. Hearing Examiner's Exhibit 5. The MDNS was not
----------------------------
Resolution No. 3737
June 15, 2004
Page 3
appealed. 5 and 6. There are no other environmentally sensitive areas
on site. Hearing Examiner's Exhibit 6.
CONCLUSIONS OF LAW
Jurisdiction
The Hearing Examiner is granted authority to make a recommendation to the
Auburn City Council on preliminary plat applications pursuant to ACC
14.03.040(A).
Criteria for Review
For a preliminary plat application to be approved, the Applicant must show the
following:
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.
2. Conformance of the proposed subdivision to the general purposes of the
Comprehensive Plan;
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;
4. Conformance of the proposed subdivision to the general purposes of this
title, as enumerated in ACC 17.02.030;
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, or as modified and approved as part
of a PUD pursuant to Chapter 18.69 ACC;
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;
----------------------------
Resolution No. 3737
June 15, 2004
Page 4
CONCLUSIONS BASED ON FINDINGS
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. Findings of Fact Nos. 7, 8, 9, 10, 11, 13 and
14.
2. The proposed subdivision conforms to the general purposes of the
comprehensive plan. The proposed single-family residential use of the
property is consistent with the Single Family Residential Comprehensive
Plan designation. Through the SEPA environmental review process
conditions were imposed to ensure the subdivision's consistency with
specific Comprehensive Plan policies. Findings of Fact Nos. 1, 5 & 15.
3. The proposed subdivision conforms to the general purposes of other
applicable policies and plans. No other policies or plans that would affect
development of the site were identified at the open record hearing.
4. The proposed subdivision conforms to the general purposes of the
subdivision code. The purposes of the subdivision code are to prevent the
overcrowding of land; lessen congestion and promote safe and convenient
travel; promote the effective use of land; provide for adequate light and air;
facilitate adequate provision of public infrastructure and services; .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
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 64-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.
----------------------------
Resolution No. 3737
June 15, 2004
Page 5
Section 3. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 4. This Resolution shall take effect and be in full force upon
passage and signatures hereon.
.r£ ~
DATED and SIGNED this ~ day of (f
,2004.
c~
PETER B. LEWIS
MAYOR
...----'
~
ATTEST:
~M¿~~
Danielle E. Daskam,
City Clerk
----------------------------
Resolution No. 3737
June 15, 2004
Page 6
EXHIBIT A
,.ut. nactUPTlOMB:
NORTH PØCIL
KiDI County ReoorcUDc number 7&08030271
The But 518 teet ot the South 11& teet ot the North 211." teet
of the Northeut quarter ot the Southweet ~r of Sectton 17.
TO~& al North.RaDce & Jut. Y.IL; IXCIPT County Road;
TOG W1TØ an. euement tor iDp'ett8. eare". and utmtl.. O'ftr.
uader and aoroa the But US teet of the South 17 teet ot the
North 881." feet of .atd Northeut quarter of the Southwøt
QUarter; Situate In the C1~~:~ Couav of DDa. state of
...~ &ma CouaV. Number 780821CMIG
North it feet of the YNt 180 teet of the South 197 feet of the
wnt aa f.... of the North "18." leet 01 the But G28 feet of the
Northeat 1/" ot the South'W'Mt 1/" of Section 27. Tcnnuddp 21
North. JtaDIe & But Y.II.
PØCBL 12
Lot 2 of Short Plat No. 12-78 recorded under ReoordiDC No.
770617-0810; TOGSUI&Ø WJ.TII an euement tor road and uttUtI..
cmtr the South M leet of the North 238." feet of the .... 88S
feet 01 the Northeut 1/" 01 the Soutb:wed ~~~ Section 27.
Tcnnøh1P 81 North, Banae & Jut. Y.IL; and . . the South 17
teet ot the Jut 810 teet thereot: ... a"..... Count,y Road;
Situate In the CounV 01 DDa. state of WuhJ.Daton;