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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. 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