Loading...
HomeMy WebLinkAbout4025 RESOLUTION NO. 4025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A PRELIMINARY PLAT APPLICATION TO SUBDIVIDE 3.03 ACRES INTO 14 LOTS AND VARIOUS TRACTS FOR FUTURE RESIDENTIAL DEVELOPMENT, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. PL T05-0005, dated December 14,2005, has been submitted to the City of Auburn, Washington, by Paul Hunt, requesting approval of a preliminary plat application to subdivide 3.03 acres into 14 lots for future single family residential development, and street and utility tracts within the City of Auburn, Washington; and WHEREAS, said request above was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, following staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on April 11, 2006, of which the Hearing Examiner recommended approval of the preliminary plat subject to conditions on May 1, 2006; and WHEREAS, the City Council, at its meeting of May 11, 2006, considered and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the Findings of Fact, Conclusions and Recommendation which is attached hereto as Exhibit "A". Section 1. The Hearing Examiner's Findings, Conclusions and Recommendation attached hereto as Exhibit "A" are herewith approved and incorporated in this Resolution. Resolution 4025 May 11, 2006 Page 1 of 4 Section 2. The request for preliminary plat approval to subdivide 3.03 acres into 14 lots for future single family residential development, and street and utility tracts within the City of Auburn, legally described in Exhibit "D" attached hereto and incorporated herein by this reference, is hereby approved subject to the following conditions: 1. The proposed public street within the plat shall be designed to Local Residential Street standards and dedicated to the public. The private access road shall be developed to Private Access Roads standards, as provided by the City. 2. The storm drainage tract shall be designed and constructed to City standards and dedicated to the City as part of the final plat approval process. 3. The Applicant shall dedicate eleven feet of right-of-way along the plat's northern border with Auburn Way South. This dedication shall be to provide for future roadway expansion and shall be part of the final plat approval process. 4. The Applicant shall enter into a Street Delay Agreement with the City for deferral of the required frontage improvements along Auburn Way South. 5. Prior to final plat approval, the Applicant shall design and construct a left turn facility and a widened shoulder in Auburn Way South. The left turn facility and widened shoulder shall be designed and constructed to City of Auburn and Washington State Department of Transportation standards. 6. The Applicant shall provide a 40 foot curb return radii at the intersection of the interior plat street (Lawson Place) and Auburn Way South. 7. The Applicant shall provide a solid wood fence setback five feet from the northern property lines of Lot 1 and Lot 14 where these lots are adjacent to Auburn Way South. The Applicant shall plant evergreen shrubs of a uniform growth height between the fence and the edge of Resolution 4025 May 11, 2006 Page 2 of 4 the right-of-way. Design and construction of the fence and vegetation shall be completed to City design and construction standards. 8. The waterline connection at the southwesterly property line (Lot 6) shall be within a 15-foot easement, as shown on Exhibit 4 - Preliminary Plat. The angle point at the southeast corner of Lot 6 shall be filleted to provide adequate access width for City maintenance. 9. As required by ACC 19.02, payment of school impact fees to the Auburn School District is required at the time of building permit application. Impact fee calculation and schedule for the Auburn School District is provided in ACC 19.02.120. 10.As required by ACC 19.04, the Applicant shall pay traffic impact fees. The amount of impact fee shall be determined at the time the Applicant submits a complete application for a building permit, using the impact fee schedules then in effect, or pursuant to an independent fee calculation accepted by the director pursuant to ACC 19.04.050, and adjusted for any credits pursuant to ACC 19.04.060. 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. Dated and Signed this J ~ day of m ~ ,2006. ~~ PETER B. LEWIS, MAYOR Resolution 4025 May 11, 2006 Page 3 of 4 ATTEST: Resolution 4025 May 11, 2006 Page 4 of 4 BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN In the Matter of the Application of NO. PL T05-0005 PAUL HUNT ) ) ) ) ) ) ) ) FINDINGS, CONCLUSIONS AND RECOMMENDATION For Approval of a Preliminary Plat LAWSON PLACE PLAT SUMMARY OF RECOMMENDATION The Hearing Examiner for the City of Auburn recommends to the Auburn City Council that a request for approval of a preliminary plat to subdivide two parcels of land, totaling approximately 3.03 acres, into 14 lots for future residential development and two tracts to provide for shared access and stormwater drainage be APPROVED, subject to conditions. SUMMARY OF RECORD Request: Paul Hunt, represented by Leonard Smith of Pac West Engineering (Applicant), requests approval of a preliminary plat application to subdivide two parcels of land, totaling approximately 3.03 acres, into 14 lots for future residential development and two tracts to provide for shared access and stormwater drainage. Potential residential development would include 13 single family residential lots and one duplex lot. The subject property is located at 3815 Auburn Way South, Auburn, Washington. Hearing Date: The Hearing Examiner for the City of Auburn held an open record hearing on the request on April 18, 2006. Testimony: The following individuals presented testimony under oath at the open record hearing: 1. Steve Pilcher, City of Auburn Planning Department 2. Leonard Smith, PacWest Engineering., representing the Applicant Exhibits: The following exhibits were admitted into the record: 1. Staff Report dated April 11, 2006 2. Vicinity Map 3. Preliminary Plat Application, received December 14,2005 4. Lawson Place - Plat Drawings a. Preliminary Plat b. Street and Utility Plan c. Grading Plan 5. Notice of Application 6. Notice of Public Hearing 7. Affidavit of Posting of Legal Notice 8. Affidavit of Mailing of Legal Notice 9. Confirmation of Publication of Legal Notice 10. Final Determination of Non-Significance, issued April 4, 2006 11. Final Staff Evaluation for Environmental Checklist, dated March 14, 2006 12. Aerial Photograph of Vicinity 13. E-mail correspondence from Dennis Selle, City Engineer, Auburn Public Works, dated April 18, 2006 Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant requested approval of a preliminary plat to subdivide two parcels of land, totaling approximately 3.03 acres 1, into 14 residential lots and two tracts to provide for shared access and storm water drainage. The subject property is located at 3815 Auburn Way South in Auburn, Washington. Parcel 1, identified by King County Tax Parcel number 2121059131, is approximately 0.66 acres. Parcel 2, identified by King County Tax Parcel number 2121059059, is approximately 2.37 acres. Exhibit 1, Staff Report, Pages 1-2; Exhibit 3, Preliminary Plat Application; Exhibit 12, Aerial Photograph; Testimony of Pilcher. 2. Pursuant to Washington's State Environmental Policy Act (SEPA), RCW 43.21C, the City of Auburn acted as lead agency for the identification and review of environmental impacts caused by the proposal. In addition to the SEP A Environmental Checklist, the Applicant submitted a Preliminary Storm Drainage, a Wetland and Drainage Corridor Site Assessment, a Geotechnical Report, and a Traffic Impact Analysis to the City for review. The City issued a Determination of Nonsignificance (DNS) on April 4, 2006. There were no appeals. Exhibit 1, Staff Report, Page 1; Exhibit 10, DNS; Exhibit 11, Final Staff Evaluation of Environmental Checklist; Testimony of Pilcher. 3. Except for the eastern portion of the site which has a modest downhill slope, the site undulates slightly, with a two to four foot elevation difference. The Applicant retained Habitat Technologies to prepare a Wetland and Drainage Corridor Site Assessment. The 1 Total acreage is based on King County Tax Assessor records. The record has conflicting information on total acreage, noting acreage ranging from 2.87 acres to 2.93 acres. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Paul Hunt (Lawson Place) PLT05-0005 Page 2 of9 Assessment was utilized by the City during environment review but was not submitted into the record. The Assessment concluded that there were no qualifying wetlands or streams within or immediately adjacent to the site. Exhibit 1, Staff Report, Page 3; Exhibit 11, Final Staff Evaluation for Environmental Checklist; Testimony of Pilcher. 4. The subject property is zoned R-3 Two Family (Duplex) Residential (R-3) and, pursuant to Auburn's Comprehensive Plan, is designated as Moderate Density Residential. Exhibit 1, Staff Report, Pages 1-2; Testimony of Pilcher. 5. The R-3 zone is intended to "permit a limited increase in population density in those areas to which the (R-3 classification) applies... while at the same time... maintaining a desirable family living environment." ACC 18.16.010. The R-3 zone also seeks to provide a transition between single-family areas and other intensive designations or activities which reduce the suitability of land for single-family uses. Id. The R-3 zone permits detached single family dwellings and two family (duplex) dwellings. ACC 18. 16. 020(A)-(B). 6. Development standards within the R-3 zone include: minimum lot size for single family dwellings - 5,000 square feet; minimum lot size for duplexes - 7,200 square feet; minimum lot area per dwelling unit - 3,600 square feet; minimum lot width - 60 feet; minimum lot depth - 80 feet. Required setbacks include: front yard - 20 feet; side yard - 5 feet (interior), 10 feet (street); rear yard - 25 feet. The Applicant proposed 13 single- family residential lots (Lots 1-5 and 7-14) and one duplex lot (Lot 6). The single-family lots range in size from 5,520 square feet to 7,175 square feet. The duplex lot is 9, 486 square feet. As proposed, the plat is consistent with the development standards for the R- 3 zone. ACC 18.16.040; Exhibit 3, Preliminary Plat Application; Exhibit 4 - Preliminary Plat; Testimony of Pilcher. 7. The subject property is located on the south side of Auburn Way South, a Principal Arterial. Surrounding properties are similarly zoned, with limited development. Property to the south and east are zoned R-3. Property to the north maintains two zoning districts - R-3 and Residential Manufactured Home Park (RMHP). Property to the west is zoned R-4 High Density Residential. Properties to the south and west are vacant. Property to the east is currently developed with a single-family residence, however, the site is the location of a proposed triplex (CUP05-0004 Benson). Property to the north has been developed with a single-family residence and a mobile home park. Exhibit 1, Staff Report, Page 2; Exhibit 2, Vicinity Map; Exhibit 12, Aerial Photograph. 8. Each of the parcels involved in this preliminary plat application currently maintain a single-family residence and associated outbuildings. The Applicant intends to remove all structures in order to accommodate development of the plat. Exhibit 1, Staff Report, page 2; Exhibit 12, Aerial Photograph. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Paul Hunt (Lawson Place) PLT05-0005 Page 3 of9 9. The Applicant proposes to connect to City of Auburn sanitary sewer and water. Neither a Certificate of Availability for Sanitary Sewer nor a Certificate of Availability for Water was submitted into the record. However, the City testified that adequate capacity would be available. Exhibit 3, Preliminary Plat Application; Testimony of Steve Pilcher. 10. A lO-inch water main is located within Auburn Way South. The Applicant would be required to loop an eight-inch main through the Plat and connect to an existing six-inch line located in the vicinity of the southwest corner of the property. City of Auburn Public Works initially recommended that the Applicant provide a 20-foot wide paved tract, dedicated to the City, to provide maintenance access to the water line. The Applicant objected to this recommendation. The City Engineer revised the recommendation, requiring a 15-foot wide utility easement within Lot 6 of the plat to provide for maintenance access. Exhibit 1, Staff Report, Page 3; Exhibit 4 - Street and Utility Plan; Exhibit 13; Testimony of Pilcher; Testimony of Smith. 11. The City of Auburn is scheduled to replace the sanitary sewer system located within Auburn Way South along the Plat's frontage. As part of this replacement project, the City would place a manhole to support the Plat. The Applicant would be required to contribute to this improvement cost and then to extend the sewer line through the site, providing service to all lots. Exhibit 1, Staff Report, Page 3; Exhibit 4 - Street and Utility Plan; Testimony of Pilcher. 12. The proposal is within the Auburn School District. In Washington State, ample provision for the education of children is a paramount duty of the state.2 This requirement is further stated in the laws of the State and the City of Auburn. RCW 58.17.110 requires that subdivisions make appropriate provisions for the general welfare of the community, including provisions for schools and for safe walking conditions for students. RCW 36.70A.020(12) states that when a City is plans for growth, it is to ensure that public services, such as schools, that are necessary to support development are adequate to serve the development. ACC 17.060.070(A) states that a subdivision must make adequate provisions for the general welfare of the community, including schools. Recommended conditions of approval would include the payment of school impact fees, as provided by ACC 19.02. The Applicant conceded that no communication has occurred between the Auburn School District and themselves but that the internal road network includes sidewalks, satisfying the requirement for safe walking conditions for school-aged residents. The City is recommending that the Applicant provide a widened shoulder along the Plat's border with Auburn Way South to provide for a safe waiting area for children requiring school bus transportation. Exhibit 1, Staff Report, Pages 3 and 5; Testimony of Pilcher; Testimony of Smith. 13. Access to the proposed plat would be via a single exit/entrance to Auburn Way South, a Principal Arterial that is also part of the State's highway system. All lots would be 2 Washington State Constitution, Art. 9, 91 Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Paul Hunt (Lawson Place) PLT05-0005 Page 40f9 accessed via the new internal road, Lawson Place. The internal road would terminate in a cul-de-sac with Lots 9, 10, and 11 being assessed from the cul-de-sac via a private shared drive (Tract B). The internal public road would be designed to Local Residential standards and would include two 14-foot drive lanes, curbs, gutters, two five-foot sidewalks, and landscaping strips. Exhibit 1, Staff Report, Page 3; Exhibit 4, Preliminary Plat and Street & Utility Plan. 14. The Applicant retained Pac West Engineering to prepare a Traffic Impact Analysis (TIA) for the proposal. Exhibit 11, Final Staff Evaluation of Environmental Checklist. 15. Auburn Way South is a 2-lane very heavily traveled roadway which makes northbound left turns from the site virtually impossible until the peak hour traffic flows on Auburn Way South diminish. In order to provide safe turning movements for residents entering and exiting the plat, the City's Traffic Engineer recommended that the Applicant be required to design and construct a left turn facility along Auburn Way South in conjunction with the proposed triplex project (CUP05-0004) located to the east. Final design of the left turn facility would require the approval of the Washington State Department of Transportation in addition to City approval. Exhibit 1, Staff Report, Page 3; Testimony of Pilcher. 16. After reviewing the proposed plat, the City Engineer recommended that the Plat provide a 50 foot curb return radii at the intersection of the interior street and Auburn Way South. The Applicant objected to this recommendation. After further review, the City Engineer modified his recommendation, reducing the required curb return radii to 40 feet. Exhibit I, Staff Report, Page 5; Exhibit 13, Correspondence from City Engineer. 17. The Applicant retained Pac West Engineering to prepare a Preliminary Storm Drainage Report. The Report was utilized by the City during environmental review but was not submitted as part of the record. The Applicant proposed Tract A, a 13,759 square foot tract on the eastern border of the site, to provide for stormwater drainage. Stormwater would be collected on-site and directed to the facility which would be designed to City standards. The site would be screened from adjacent properties by a vegetated buffer. Exhibit 1, Staff Report, Page 3; Exhibit 4 - Grading Plan; Exhibit 11, Final Staff Evaluation for Environmental Checklist. 18. ACC 17.12.260 requires park land to be dedicated when a proposed subdivision would result in a substantial increase in demand for park land or to abate/prevent public nuisances. The City generally requires park land when a subdivision would result in the creation of lots capable of supporting 50 or more residential dwelling units. The Applicant proposed a total of 15 dwelling units (13 single family and one duplex (two dwelling units) and therefore no park land dedication is required. ACC 17.12.260; Exhibit 1, Staff Report, Page 3. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Paul Hunt (Lawson Place) PLT05-0005 Page 5 of9 19. Under the City's Comprehensive Plan, the designation of Moderate Family Residential (MFR) is given to land to provide a transition between single family residential areas and other more intensive designations, as well as other activities (such as high traffic volumes) which reduce the suitability of potential residential areas for single family uses. The MFR designation seeks to offer opportunities for a variety of housing types which balance residential amenities with the need to provide economical housing choices in a manner that is consistent with conserving the character of adjacent single-family areas. The R-3 zoning district is intended to implement this land use designation. Auburn Comprehensive Plan, Chapter 14; Comprehensive Land Map. 20. Comprehensive Plan Policy LU-25 seeks to avoid conflict between future development of arterial roadways and single-family uses by requiring single-family uses to be platted in a manner that orients the dwelling units away from the arterial. The proposed plat locates two of the 14 lots along the Plat's border with Auburn Way South. City Staff recommended that the Applicant provide a solid wood fence and evergreen vegetation along these two lots' frontages with Auburn Way South to attenuate noise impacts. Exhibit 1, Staff Report, Page 4. 21. The City issued a Notice of Application on March 20, 2006. Notice of the open record hearing was mailed to properties within 300 feet of the site and posted on the subject property on April 10, 2006. Notice of the open record public hearing was published in King County Journal on April 7, 2006. Exhibits 5, 6, 7, 8, and 9. There was no public comment on the application. Testimony of Pilcher. CONCLUSIONS Jurisdiction Pursuant to Auburn City Code (ACC) 18.66, the Hearings Examiner is granted jurisdiction to hear and make recommendations to the City Council. Jurisdiction for the Hearings Examiner to make recommendations for approval of a preliminary plat is pursuant to ACC 14.03.040(A) and 17.06.050. Criteria for Review In order to approve a preliminary plat, pursuant to ACC 17.06.070, the Applicant must have provided support for 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, I, and sites for schools and school grounds. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Paul Hunt (Lawson Place) PLT05-0005 Page 60f9 2. Conformance to the general purposes of the City of Auburn's Comprehensive Plan, to the general purpose of Title 17.02, and to the general purposes of any other applicable policies or plan which have been adopted by the City Council. 3. Conformance to the City of Auburn's zoning ordinance and any other applicable planning or engineering standard and specifications. 4. Potential environmental impacts of the proposal have been mitigated such that the proposal will not have an unacceptable adverse effect upon the quality of the environment. 5. Adequate provisions have been made so that the preliminary plat will prevent or abate public nuisances. Conclusions Based on Findings 1. Adequate provisions have been 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, and sites for schools and school grounds. The Applicant has made provisions for streets with sidewalks for pedestrian safety, including safe walking for school children. A widened shoulder on Auburn Way South would provide a safe school bus stop waiting area. Construction of a left turn lane within Auburn Way South will provide safe ingress/egress to the plat. Recommended conditions of approval will provide for payments of school and traffic impact fees. The development will be served by City water and sanitary sewer. Easements have been provided by the Applicant to ensure access to water lines for proper maintenance. Storm water facilities for the collection and retention of storm water will be designed to City standards. Park facilities are not required for a plat of this size. Findings of Fact Nos. 9, 10,11,12,13,14,15,16, and 17. 2. The plat conforms to the general purposes of the City of Auburn's Comprehensive Plan, Title 17.02 (Subdivisions), and to the general purposes of any other applicable policies or plan which have been adopted by the City Council. As conditioned, the subdivision would be consistent with the purposes and regulations of the subdivision title, with the City's design and construction standards, and would be consistent with the goals, objectives, and policies of the City's Comprehensive Plan. Findings of Fact Nos. 4, 5, 6, 18, 19, and 20. 3. The plat conforms to the City of Auburn's zoning ordinance, Title 18, and any other applicable planning or engineering standard and specifications. With conditions, the Applicant's proposal complies with all related City codes and standards including development standards for the R-3 zoning district. Findings of Fact Nos. 4, 5, 6, 9, 10, ll, 13, 15, 16, 17, and 21. 4. Potential environmental impacts of the proposal have been mitigated such that the proposal will not have an unacceptable adverse effect upon the quality of the Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Paul Hunt (Lawson Place) PLT05-0005 Page 70f9 environment. The City, acting as lead agency, has determined that, as proposed, the Plat does not have a probable significant adverse impact on the environment. Findings of Fact No.2. 5. Adequate provisions have been made so that the preliminary plat will prevent or abate public nuisances. Public Nuisances are addressed generally throughout the ACC and are addressed directly in ACC 8.12. A public nuisance affects public health and property values by creating visual blight, harboring rodents and/or bests, or creating unsafe pedestrian and traffic situations. Compliance with City design standards for road safety (width, sidewalks, widened shoulder, and visibility) and development of a left turn lane will ensure safe pedestrian and traffic access within the development. Connection to City sewer and water will limit impacts on public health. Findings of Fact Nos. 9, 12, 13,15, and 16. RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner for the City of Auburn recommends to the Auburn City Council that the request for approval of preliminary plat to subdivide two parcels of land, totaling approximately 3.03 acres, into 14 residential lots and two tracts to provide for shared access and storm water drainage be APPROVED, subject to the following conditions: 1. The proposed public street within the plat shall be designed to Local Residential Street standards and dedicated to the public. The private access road shall be developed to Private Access Roads standards, as provided by the City. 2. The storm drainage tract shall be designed and constructed to City standards and dedicated to the City as part of the final plat approval process. 3. The Applicant shall dedicate eleven feet of right-of-way along the plats northern border with Auburn Way South. This dedication shall be to provide for future roadway expansion and shall be part of the final plat approval process. 4. The Applicant shall enter into a Street Delay Agreement with the City for deferral of the required frontage improvements along Auburn Way South. 5. Prior to final plat approval, the Applicant shall design and construct a left turn facility and a widened shoulder in Auburn Way South. The left turn facility and widened shoulder shall be designed and constructed to City of Auburn and Washington State Department of Transportation standards. 6. The Applicant shall provide a 40 foot curb return radii at the intersection of the interior plat street (Lawson Place) and Auburn Way South. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Paul Hunt (Lawson Place) PLT05-0005 Page 8 of9 7. The Applicant shall provide a solid wood fence setback five feet from the northern property lines of Lot 1 and Lot 14 were these lots are adjacent to Auburn Way South. The Applicant shall plant evergreen shrubs of a uniform growth height between the fence and the edge of the right-of-way. Design and construction of the fence and vegetation shall be completed to City design and construction standards. 8. The waterline connection at the southwesterly property line (Lot 6) shall be within a 15-foot easement, as shown on Exhibit 4 - Preliminary Plat. The angle point at the southeast corner of Lot 6 shall be filleted to provide adequate access width for City maintenance. 9. As required by ACC 19.02, payment of school impact fees to the Auburn School District is required at the time of building permit application. Impact fee calculation and schedule for the Auburn School District is provided in ACC 19.02.120. 10. As required by ACC 19.04, the Applicant shall pay traffic impact fees. The amount of impact fee shall be determined at the time the Applicant submits a complete application for a building permit, using the impact fee schedules then in effect, or pursuant to an independent fee calculation accepted by the director pursuant to ACC 19.04.050, and adjusted for any credits pursuant to ACC 19.04.060. Decided this _day of May 2006 DRISCOLL & HUNTER Hearing Examiners for the City of Auburn By: JULIE K. AINSWORTH-TAYLOR Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Paul Hunt (Lawson Place) PLT05-0005 Page 9 of9