HomeMy WebLinkAbout2752 I 7
1
2 RESOLUTION NO. 2 7 5 2
3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
4 WASHINGTON, APPROVING THE REVISIONS TO THE PRELIMINARY PLAT OF
5 RIVERWALK, LOCATED SOUTH OF HOWARD ROAD, NORTH OF GAME FARM
PARK, WITHIN THE CITY OF AUBURN, WASHINGTON
6
WHEREAS, Application No PLT0001-94R, dated March 4,
7
8 1996, has been submitted to the City of Auburn, Washington by
g the Centex Real Estate Corporation, requesting approval of the
10 revisions to the Preliminary Plat of Riverwalk for a 176-lot
11
single-family residential subdivision on a site which is
12
approximately 55 5 acres in size located south of Howard
13
14 Road, north of Game Farm Park, within the City of Auburn, and
15 WHEREAS, said request above referred to was referred to
16 the Hearing Examiner for study and public hearing thereon, and
17 WHEREAS, pursuant to staff review, the Hearing Examiner
18
conducted a public hearing to consider said petition in the
19
20 Council Chambers of the Auburn City Hall on May 21, 1996, at
21 7 . 00 p m , at the conclusion of which the Hearing Examiner
22 recommended approval of the revisions to the Preliminary Plat -
23
and
24
25
26
Resolution No 2752
June 25 1996
Page 1
1
WHEREAS, the City Council held a closed record hearing at
2
a regularly scheduled meeting on June 17, 1996 at the
3
conclusion of which approved the recommendations of the
4
Hearing Examiner based upon the following Findings of Fact
5
and Conclusions, to-wit .
6
7
FINDINGS OF FACT
8
9
1 The applicant Centex Real Estate Corporation, seeks the
10 revision of a preliminary plat approval of a 176 lot
11 single family residential subdivision on a site which is
approximately 55 5 acres in size The site is located
12 south of Howard Road, north of the Game Farm Park, and
west of the Forest Ridge neighborhood
13
14 2 Centex Real Estate Corporation has now requested a
revision to the phasing plan that was approved as part of
15 the preliminary plat approval in 1995 The preliminary
plat that was approved illustrated 3 separate phases
16 Each one of the phases could be constructed independent
17 of each other and meet all applicable City standards
18 3 Centex Homes would now like to develop their project in
phases, different than what was approved The proposed
19 revisions to the phasing plan cause the proposed Phase II
20 to not meet all of the City standards Phase II that is
now proposed would result in a dead end street that would
21 exceed the City' s requirement of 600 feet and a temporary
cul-de-sac will need to be constructed at the end of the
22 dead end The length of the dead end street would be
23 about 1500 feet and there would be about 45 lots that
would be served by this street This situation is
24 temporary until Phase III is constructed which would
25
26
Resolution No 2752
June 25 1996
Page 2
1 provide for a through street that would loop back and not
2 exceed the 600 foot limitation
3 4 The purpose of the revised phasing is to more closely
construct the plat with the water lines that need to be
4 constructed The project has a lot of topography and
5 therefor has different pressure zones for water service
The applicant would also like to market the project a bit
6 different from the approved phasing plan
7 5 When the City Council approved the preliminary plat in
8 1995 they did so with the condition that there would be
no through traffic allowed to the neighborhood to the
9 east and that only emergency access would be provided
Doing this, now precludes the ability to connect the
10 proposed plat' s public streets to the existing public
11 streets in the neighborhood to the east The emergency
access will still be available to serve the houses on the
12 extended street
13 6 When the preliminary plat was approved it was approved
14 without any modifications to the City' s Land Division
Ordinance standards, again, the plat as approved can be
15 constructed and meet all City standards Since the now
proposed Phase II does not meet the requirements for
16 length of dead end street and cul-de-sac construction,
17 although temporary, it could not be approved by City
Staff The only mechanism that is available to modify
18 the City' s subdivision standards is through the
modification process allowed by Chapter 17 18 of the
19 City' s Land Division Ordinance
20
7 Chapter 17 18 allows the Hearing Examiner to modify
21 certain standards of the Land Division Ordinance if the
following criteria are met
22
23 A Such modification is necessary because of special
circumstances related to the size, shape,
24 topography, location or surroundings of the subject
property, to provide the owner with development
25
26
Resolution No 2752
June 25 1996
Page 3
1 rights and privileges permitted to other properties
2 in the vicinity and in the zoning district in which
the subject property is located,
3
The special circumstances are that the existing
4 public streets to the east are not available for
5 through public traffic
6 B That, because of such special circumstances, the
development of the property in strict conformity
7 with the provisions of this title will not allow a
8 reasonable and harmonious use of the property,
9 Because of the special circumstances it would be
unreasonable to require the construction of the
10 through, looped street, together with all of the
11 utilities solely for the purpose of completing the
looped road
12
C That the modification, if granted, will not alter
13 the character of the neighborhood, or be detrimental
14 to surrounding properties in which the property is
located,
15
The modification will not impact the existing
16 neighborhood in that the two street connections to
17 the neighborhood to the east will be for emergency
access only and not open for general traffic
18
D Such modification will not be materially detrimental
19 to the implementation of the policies and objectives
20 of the comprehensive land use, circulation and
utility plans of the city-
21
With the limited number of lots and the relatively
22 short time frame for the temporary dead end there
23 should not be detriment to the circulation plans of
the City
24
25
26
Resolution No 2752
June 25, 1996
Page 4
1 E Literal interpretation of the provisions of this
2 title would deprive the applicant of rights commonly
enjoyed by other properties in the same zoning
3 district ,
4 Literal interpretation would deprive the applicant
5 the ability the flexibility of constructing the
project in desirable phases
6
F The approval of the modification will be consistent
7 with the purpose of this title;
8
The purpose of the Land division Ordinance is
9 enumerated in its Chapter 17 02 The modification is
not inconsistent with any of the elements listed in
10 the purpose statement
11
G The modification cannot lessen the requirements of
12 the zoning ordinance Any such modification must be
processed as a variance pursuant to ACC 18 70 010
13
14 No zoning ordinance standards are being lessened
15 8 The case file No PLT0001-94 and the environmental file
No SEP0003-94 are herein incorporated by reference
16
17
CONCLUSIONS OF LAW
18
1 The modification may be approved
19
20 2 It is consistent with the criteria to grant a
modification The modification is temporary in nature
21 and thus will not be an impact to adjoining properties
22
23
For each of the above stated reasons, the recommendation
24
of the Hearing Examiner to the Auburn City Council on the
25
26
Resolution No 2752
June 25, 1996
Page 5
•
1 application is conditional approval subject to the following
2 for the revisions to the Preliminary Plat
3
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN,
4
5 WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
6 RESOLVES THAT
7 Section 1. The above cited Hearing Examiner' s Findings
8 and Conclusions are herewith approved and incorporated in this
9
Resolution
10
11 Section 2 . The revisions to the Preliminary Plat of a
12 176-lot single family residential subdivision containing 55 5
13 acres, located south of Howard Road, north of Game Farm Park
14 and legally described on attached Exhibit "A" is hereby
15
approved
16
17 Section 3 . A temporary turn around shall be constructed
lg in the area of lots 85-88 (map 2 dated 2-8-96) of the proposed
19 phasing plan The exact location and the construction
20
standards shall be as approved by the City Engineer and Fire
21
Marshal
22
23 Section 4. A performance bond, or similar device, shall
24 be posted that guarantees that Alder Street and Forest Ridge
25
26
Resolution No. 2752
June 25, 1996
Page 6
•
• •
1 Drive are constructed and provide for the through looped
2
street that connects to 28th Street as illustrated on the
3
proposed phasing plan The amount of the bond and the
4
5 construction standards of the looped street shall be
6 determined by the City Engineer Within one year from the
7 date of final plat approval, of the proposed Phase II, the
8
looped street shall be constructed and open to general public
9
traffic If the street is not constructed then the City
10
11 Engineer may use the bond to complete the looped street The
12 construction standards shall be approved and the bond posted
13 prior to final plat approval of the proposed Phase II
14
Section 5 . The Mayor is hereby authorized to implement
15
such administrative procedures as may be necessary to carry
16
17 out the directives of this legislation
18 DATED and SIGNED this 1st day of July, 1996
19
20
CITY OF AUBURN
21
22 el I
coilgs
23 CHARLES A BOOTH
24 MAYOR
25
26
Resolution No 2752
June 25, 1996
Page 7
•
' d
1 ATTEST
2
3
4
< IN ( .
Robin Wohlhueter,
5 City Clerk
6
7
8 APPROVED AS TO FORM
9 /
10 I(
11
Michael J Reynolds,
12 City Attorney
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Resolution No 2752
June 25, 1996
Page 8
EXHIBIT "A" RESOLUTION NO. 2752 . • . •
PARCEL A.
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29,TOWNSHIP 21
NORTH RANGE 5 EAST WILLAME 1TE MERIDIAN IN KING COUNTY WASHINGTON EXCEPT
THAT PORTION LYING NORTHERLY OF THE SOUTHERLY MARGIN OF THE AUBURN
ENUMCLAW ROAD NO 1001,
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER THENCE SOUTH
0°21'58 WEST ALONG THE EASTERLY LINE OF SAID NORTHEAST QUARTER 115.82 FEET TO
THE TRUE POINT OF BEGINNING
THENCE SOUTH 89°52'05 WEST 189 74 FEET.
THENCE SOUTH 1°28'09"WEST 146.45 FEET-
THENCE SOUTH 80°39'50"WEST 168.85 FEET.
THENCE SOUTH 26°05'43"WEST 69.78 FEET
THENCE SOUTH 73°26'25 EAST 260.25 FEET.
THENCE NORTH 88°22'08 EAST 139.43 FEET TO THE EASTERLY LINE OF SAID NORTHEAST
QUARTER,
THENCE NORTH 0°21'58"EAST ALONG SAID EASTERLY LINE 307 11 FEET TO THE TRUE POINT
OF BEGINNING. AND
EXCEPT A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 29,TOWNSHIP 21 NORTH RANGE 5 EAST WILLAME'1'1 E MERIDIAN,IN KING
COUNTY WASHINGTON,DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION;
THENCE NORTH 0°21'55 EAST ALONG THE EAST LINE OF SAID SUBDIVISION 168.20 FEET TO
THE TRUE POINT OF BEGINNING:
THENCE NORTH 84°55'42 WEST 101.99 FEET-
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20 FEET
CENTRAL ANGLE OF 85°17'40" FOR AN ARC LENGTH OF 29.77 FEET-
THENCE NORTH 0°21'58 EAST 70 FEET.
THENCE SOUTH 89°38'02 EAST 120.00 FEET TO THE EAST LINE OF SAID SUBDIVISION.
THENCE SOUTH 0°21'58"WEST ALONG SAID EAST LINE 98.30 FEET TO THE TRUE POINT OF
BEGINNING
PARCEL B.
THOSE PORTIONS OF GOVERNMENT LOTS 3 AND 4,SECTION 29 TOWNSHIP 21 NORTH RANGE
5 EAST WILLAME 11 E MERIDIAN IN KING COUNTY,WASHINGTON,LYING EASTERLY OF THE
PLAT OF SOUTHDALE,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 59 OF
PLATS,PAGE(S)25,IN KING COUNTY WASHINGTON AND LYING EASTERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHEAST CORNER OF SOUTHDALE NO.2,ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 74 OF PLATS PAGE(S)5 IN KING COUNTY,
WASHINGTON
THENCE NORTHERLY ALONG THE EAST BOUNDARY OF SAID PLAT A DISTANCE OF 300 FEET
OF AN ANGLE PUNT-
THENCE NORTHWESTERLY IN A STRAIGHT LINE TO A POINT IN THE NORTHERLY BOUNDARY
OF LOT 6 IN SAID PLAT OF SOUTHDALE NO 2 WHICH IS 97 FEET EASTERLY OF THE
NORTHWEST CORNER OF SAID LOT 6 AND THE TERMINUS OF SAID DESCRIBED LINE;EXCEPT
THE NORTH 208 FEET OF THE EAST 312 FEET OF SAID GOVERNMENT LOT 3•AND EXCEPT
THAT PORTION OF THE REMAINDER LYING NORTHERLY OF THE SOUTHERLY MARGIN OF
AUBURN-ENUMCLAW ROAD NO 1001
TOGETHER WITH ALL.OF GOVERNMENT LOT 5,SECTION 29 TOWNSHIP 21 NORTH,RANGE 5
EAST WILLAMI TI E MERIDIAN IN KING COUNTY,WASHINGTON
Exhibit "A"
Resolution No 2752