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RESOLUTION NO. 3 7 8 1
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE PRELIMINARY PLAT TO SUBDIVIDE FOUR
PARCELS COMPRISING 13.04 ACRES INTO 12
LOTS
WHEREAS, Application No. PL T04-0003, dated January 16, 2004, has
been submitted to the City of Auburn, Washington, by Dave Kessler, requesting
approval of a preliminary plat to subdivide four parcels comprising 13.04 acres
into 12 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 September 21,2004, of which the Hearing Examiner recommended
approval of the preliminary plat on October 22, 2004; and
WHEREAS, the City Council, on November 15, 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 requests approval of a preliminary plat to subdivide four
parcels comprising 13.04 acres into 12 lots. The parcels, two of which
contain single-family homes and outbuildings to be removed, are located
310 feet north of the intersection of West Valley Highway North and 3ih
Street NW, on the west side of the 3800-3900 block of West Valley
Highway North, at 3815 West Valley Highway North, Auburn,
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Resolution No. 3781
November 9,2004
Page 1
Washington. Exhibit 1, Staff Report, pages 1 and 2; Exhibit 4,
Environmental Checklist Application.
2. The Applicant proposes developing the site ("Meredith Business Park")
as a single phased project that would create 12 legal lots. The
development would contain 200,000 square feet of light industrial park
which would be in 12 buildings. Testimony of Mr. Martin. The
development would include storm drainage, utility and landscape
improvements and approximately 264 parking spaces. The Applicant
expects that 15% of the space would be used as office and 85% would
be used as warehouses. Exhibit 1, Staff Report, page 2; Exhibit 4,
Environmental Checklist Application.
3. The subject parcels and the properties to the north, east and south are in
a "Light Industrial" (M-1) zone and designated as "Light Industrial" in the
Auburn Comprehensive Plan. Land uses include a construction
company to the north, West Valley Highway North and industrial
development to the east, and residences to the south. The properties to
the west are in a King County and zoned R-4 and designated as "Single
Family Residential" and "Light Industrial" in the Auburn Comprehensive
Plan. The properties to the west are vacant. Exhibit 1, Staff Report,
pages 1 and 2; Exhibit 4, Environmental Checklist Application.
4. The project would generate approximately 180 P.M. peak hour trips
daily. Access to the site would be from a driveway off the west side of
West Valley Highway North. The driveway would lead to a private road
that would extend west and provide access to Lots 1-6 (to the north of
the road) and to Lots 7-12 (to the south of the road). In addition to
constructing the access driveway, the Applicant would improve the
existing roadway. There is also public transportation to the site with a
bus stop across West Valley Highway North. Exhibit 4, Environmental
Checklist Application; Exhibit 5, Site Plan.
5. Hawks, songbirds, coyote, and small rodents are found on-site. The site
contains deciduous and evergreen trees, shrubs, grass, pasture, and wet
soil plants. All existing vegetation would be removed prior to
construction and some vegetation would be replaced in accordance with
landscaping requirements. After construction, approximately 70% of the
site would be covered with impervious surfaces. Exhibit 4,
Environmental Checklist Application.
6. To prepare for the future development of buildings and pavement areas
50,000 cubic yards of import fill material would be used, and 4,000 cubic
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Resolution No. 3781
November 9,2004
Page 2
yards of material would be exported from the site or stockpiled and used
to fill landscape areas. The site, which is mostly flat, includes .09 acres
of low quality wetlands that would be filled. Mitigation would be required
in an adjacent upland area, as required under the U.S. Army Corp of
Engineers Nationwide Permit 18. A type 4 stream is also on-site. Exhibit
4, Environmental Checklist Application.
7. Pursuant to the State Environmental Policy Act (SEPA), the City of
Auburn was designated Lead Agency for environmental review of the
proposal. The Responsible Official determined that the proposal would
have no probably significant adverse impact on the environment and a
Mitigated Determination of Nonsignificance (MDNS) was issued on
August 17, 2004. Exhibit 1, Staff Report, pages 1 and 3; Exhibit 7, Final
Mitigated Determination of Nonsignificance.
8. Construction impacts would occur but would be controlled. During
construction, there would be normal emissions and exhaust associated
with the project. The site would be watered during construction in order
to minimize dust. All exhaust systems would comply with Washington
State emission standards. Construction noise would only occur during
regular business hours. No surface water would be withdrawn or
diverted and there would be no discharge of waste materials into the
surface water. Exhibit 4, Environmental Checklist Application.
9. Runoff from rainwater would be collected in catch basins and pipes, and
directed to a combined open/wet detention and water quality facility at
the site's southeast corner. Testimony of Mr. Martin.
10. Required utility service is available to the site. The City would provide
police protection, fire protection, water service, sanitary sewer service,
and storm drainage service. Natural gas, electric, telephone and refuse
services are also currently available. Exhibit 1, Staff Report, page 3
11. The minimum lot size would be 33,205 square feet, and the minimum lot
width would be 140 feet and the minimum lot depth would be 234.9 feet.
While there are no minimum lot width, depth or area requirements in the
M-1 zone, the proposed lots would be large enough to satisfy the
required setbacks and provide reasonable building pads. Exhibit 1, Staff
Report, page 3; Exhibit 3, Preliminary Plat Application.
12. At the open record public hearing, Jim Hudson testified of the long time
drainage problems that have occurred in the area, including the
problems that have been associated with the subject property. Many of
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Resolution No. 3781
November 9, 2004
Page 3
the problems appear to be the result of historic alterations of the stream
flow on site. He submitted that he was concerned with the project's
effect on water drainage. The City responded that such concerns would
be addressed in the forthcoming Storm Drainage Plan. Testimony of Mr.
Hudson; Testimony of Mr. Martin; Testimony of Mr. Kessler
13. A Notice of Application was issued on April 20, 2004. Exhibit 6, Notice of
Application.
CONCLUSIONS OF LAW
Jurisdiction
The Hearing Examiner is granted authority to hold a public hearing and make a
recommendation on a Preliminary Plat pursuant to ACC 17.06.030, 17.06.050
and 18.66.
Criteria for Review
Pursuant to ACC 17.06.070, a preliminary plat application shall only be
approved if findings of fact are drawn to support the following:
A. 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;
B. Conformance of the proposed subdivision to the general purposes
of the comprehensive plan;
C. Conformance of the proposed subdivision to the general purposes
of any other applicable policies or plans which have been adopted
by the city council;
D. Conformance of the proposed subdivision to the general purposes
of this title, as enumerated in ACC 17.02.030;
E. 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;
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Resolution No. 3781
November 9,2004
Page 4
F. 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;
and
G. Adequate provisions are made so the preliminary plat will prevent
or abate public nuisances.
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. Public
utilities are in-place to serve the project, road improvements would be
made to the affected area, a private road and adequate parking spaces
would be constructed, landscaping would be done on-site following
construction, and surface water would not be diverted, withdrawn, or
used as a deposit for waste. The project is industrial in nature and
located in an industrial zone, therefore playgrounds and schools are
unaffected. There would be no probably significant adverse
environmental impact as a result of the project. Findings of Fact Nos. 2,
3, 4, 7, 10.
2. The proposed subdivision conforms to the general purposes of the
Comprehensive Plan. The site is designated "Light Industrial" in the
Auburn Comprehensive Plan. The intent is to cluster like development
within designated area. Developing the site as a light industrial complex
conforms to the purposes of the Comprehensive Plan. Findings of Fact
Nos. 1, 2, and 3.
3. The proposed subdivision conforms to the general purposes of any
other applicable policies or plans that have been adopted by the
city council. The proposal conforms, or could conform, to all applicable
policies.
4. The proposed subdivision conforms to the general purposes of this
title, as enumerated in ACC 17.02.030. Developing the site as a light
industrial business/warehouse complex in the M-1 zone, and subdividing
4 lots into 12 lots, complies with the purposes of the Land Division
Ordinance.
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Resolution No. 3781
November 9,2004
Page 5
5. The proposed subdivision conforms 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. The
project's 12 lots are large enough to satisfy required setbacks under the
M-1 zone and to provide reasonable building pads. Other zoning,
planning and engineering standards associated with the M-1 zone would
have to be satisfied prior to the issuance of building permits. The project
complies with the intent of the M-1 zone, as outlined in ACC 18.32.010.
Findings of Fact Nos. 3 and 10.
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.
As conditioned, the proposal will have no probably significant adverse
environmental impact. Findings of Fact No. 11.
7. Adequate provisions are made so the preliminary plat will prevent
or abate public nuisances. During construction, the site will be
watered to minimize dust. Noise will only occur during regular business
hours and exhaust systems will comply with Washington State emissions
standards. There is no indication that other public nuisances will occur.
Findings of Fact NO.7.
RECOMMENDATION
Upon consideration of the Findings of Fact and Conclusions, the Hearing
Examiner recommends that the request for a preliminary plat to subdivide four
parcels comprising 13.04 acres into 12 lots be APPROVED, subject to the
following condition:
The Applicant shall comply with the 13 conditions set forth in the MDNS issued
on August 17, 2004.
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.
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Resolution No. 3781
November 9, 2004
Page 6
Section 2. The preliminary plat to subdivide four parcels comprising
13.04 acres into 12 lots, within the City of Auburn, legally described in Exhibit
"A" attached hereto and incorporated herein by this reference, is hereby
approved.
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.
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DATED and SIGNED this Æ day of 'r1~~ ,2004.
PETER B. LEWIS
MAYOR
ATTEST:
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City Clerk
APPROVED AS TO FORM:
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Resolution No. 3781
November 9,2004
Page 7
EXHIBIT "A"
Legal Description
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Resolution No. 3781
November 9, 2004
Page 8
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P ARCEI:. NUMBER 02.Ll 049075
THAT PORTION OF GOVERNMENT LOT 1 IN SECTION 2, TOWNSHIP 21
NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: .
BEGINNING AT A POINT OF THE EAST LINE OF SAID GOVERNMENT
LOT 1, WHICH IS 451.12 FEET SOUTH OF THE NORTHEAST CORNER
THEREOF; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID
GOVERNMENT LOT 1, A DISTANCE OF 1,087.1 7 FEET TO THE WEST
- LINE OF A TRACT OF LAND CONVEYED TO YESLER ESTATE INC., BY
DEED RECORDED IN VOLUME 683 OF DEEDS ON P AGE-176, UNDER
AUDITOR'S FILE NO. 633543, RECORDS OF KING COUNTY;
-THENCE SOUTH ALONG SAID WEST LINE 197.00 FEET;-THENCE EAST
PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT LOT 1, A
DISTANCE OF 1,087.17 FEET TO THE EAST LINE THEREOF; THENCE
NORTH ALONG SIAJ.ì EAST LINE 197.00 FEET TO THE POINT OF
BEGINNING; EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO THE
KING COUNTY FOR ROAD BY DEED RECORDED UNDER AUDITOR'S I
FILE NO. 694365, RECORDS OF KING COUNTY;
AND EXCEPT THE WEST 30.00 FEET;
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL NUMBER 0221049085
THE NORTH HALF OF THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF GOVERNMENT LOT 1 IN SECTION 2, TOWNSHIP 21
NORTH, RANGE 4 EAST,WILLAMEITE MERIDIAN, IN KING COUNTY
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POThTT ON THE EAST LINE OF SAID GOVERNMENT
LOT 1, WHICH IS 648.12 FEET SOUTH OF THE NORTHEAST CORNER
THEREOF; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID
GOVERNMENT LOT 1, A DISTANCE OF 1108.80 FEET TO THE WEST
LINE OF A TRACT OF LAND CONVEYED TO YESLER ESTATE, INC., BY
DEED RECORDED IN VOLUME 683 OF DEEDS, PAGE 176 UNDER
RECORDING NO. 633543, IN KING COUNTY; W ASIDNGTON; TIIENCE
SOUTH ALONG SAID WEST LINE 197.00 FEET; TIIENCE EAST
PARALLEL WITH THE SAID NORTH LINE OF GOVERNMENT LOT 1, A
DISTANCE OF 1108.80 FEET, MORE OR-LESS TO THE EAST LINE
. THEREOF; THENCE NORTH ALONG SAID EAST LINE 197.00 FEET,
MORE OR LESS, TO THE POINT OF BEGINNING; EXCEPT THE EAST
30.00 FEET THERpOF CONVEYED TO KING COUNTY FOR ROAD; AND
EXCEPT ANY PORTION WHICH MAY LIE WEST OF A LINE WHICH IS
1524~6 FEET EAST OF THE NORTH-SOUTH CENTER LINE OF SAID
SECTION 2;
SITUATE ThT THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL NUMBER 0221049073
That portion of Government Lot 1 of Section 2, Township 21 North, Range 4 "
East, W.M., described as follows:
Beginning at the Northeast corner of said Section and running thence West, along
the Section line 1141.80 feet to the Northeast corner of a tract deeded to Martha
K. Larimer and recorded May 18, 1891, in Volume 128 of Deeds, page 408,
- records of King County; thence South along the East line oftlÍe Larimer Tract
351.12 feet; thence East 1141.80 feet, more or less, to the East line of said
Section; thence North along saíd East line to point of beginning; EXCEPT the
North 210 feet; AND EXCEPT County and State Roads; .
Situate in the County of King, State of Washington
SUBJECT TO: Easement to the City of Seattle for electric transmission and
distribution line granted by instrument recorded under Auditor's File No.
2589401; Right to install and maintain pipe line on property herein described as
recorded under Auditor's File No. 5767755.
PARCEL NUMBER 0221049074
THAT PORTION OF GOVERNMENT LOT 1 IN SECTION 2, TOWNSHIP 21
NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS; .
BEGINNING AT A POINT ON THE EAST LINE OF SAID GOVERNMENT LOT
A DISTANCE OF 451.12 FEET SOUTH OF THE NORTHEAST CORNER
THEREOF;
THENCE WEST, PARALLEL WITH THE NORTH LINE OF SAID
GOVERNMENT LOT A DISTANCE OF 1,108.8 FEET, MORE OR LESS TO A
LINE WHICH LIES 1,524.6 FEET EAST OF AND PARALLEL TO THE NORTH
AND SOUTH CENTERLINE OF SAID SECTION 2, AS. ESTABLISHED BY
DECREE ENTERED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER
509514; THENCE NORTH ALONG SAID LINE A DISTANCE OF 100 FEET,
-- MORE OR LESS, TO THE POINT OF BEGINNING; EXCEPT THE EAST 30
FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED ¡ i
RECORDED UNDER AUDITOR'S FILE NUMBER 694365
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SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
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