HomeMy WebLinkAbout2724 1
2 RESOLUTION NO. 2 7 2 4
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
4 WASHINGTON, APPROVING THE PRELIMINARY PLAT OF A 16-LOT
5 SUBDIVISION LOCATED ON THE WEST SIDE OF "D" STREET SE, IN THE
3500 BLOCK, WITHIN THE CITY OF AUBURN, WASHINGTON
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WHEREAS, Application No PLT0005-95, dated August 4 ,
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8 1995, has been submitted to the City of Auburn, Washington by
9 JEFF WOODWARD and JIM COX, requesting approval of a
10 Preliminary Plat for a 16-lot subdivision located on the west
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side of "D" Street SE in the 3500 block, within the City of
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Auburn; and
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14 WHEREAS, said request above referred to was referred to
15 the Hearing Examiner for study and public hearing thereon; and
16 WHEREAS, pursuant to staff review, the Hearing Examiner
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conducted a public hearing to consider said petition in the
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Council Chambers of the Auburn City Hall on February 21, 1996 ,
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20 at 7 00 p m , at the conclusion of which the Hearing Examiner
21 recommended approval of the Preliminary Plat , based upon the
22 following Findings of Fact and Conclusions, to-wit
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Resolution No 2724
March 6 1996
Page 1
1 FINDINGS OF FACT
2 The applicants, Jeff Woodward and Jim Cox, request
3 preliminary plat approval
4 2 The subject property is 3 5 acres in size and is located
on the west side of "D" Street SE in the 3500 block The
5 property is currently zoned R-4 , Multiple Family The R-
6 4 zone does allow for duplex platted lots Each lot must
be at least 7200 square feet in area The applicants are
7 proposing preliminary plat approval of a 16 lot
subdivision
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9 3 The evidence establishes that the plat will be provided
access from "D" Street SE Currently, the street is
10 undeveloped from its intersection with 37th Street SE,
north to the plat itself The existing dedicated right-
11 of-way which is wide enough to provide for 25 foot wide
12 paved street together with a hard walking surface from
37th to the plat There will be a temporary turnaround
13 at the north end of the plat which will be the temporary
point where "D" Street will terminate In the future,
14 "D" Street will continue through to the north and
15 intersect with existing east/west streets However, this
plat will be required to provide an emergency access
16 north from the temporary cul-de-sac to a public street
approximately 300 feet approximately 300 feet to the
17 north The emergency access will be provided by way of a
18 30 foot wide easement which the City has already
acquired
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20 4 From "D" Street, the plat will be accessed by a cul-de-
sac The cul-de-sac is 470 feet in length and is built
21 to City standards At this time, since "D" Street is not
to be continued through, it means that the length of "D"
22 Street from 37th Street to the end of the cul-de-sac is
1100 feet when the maximum length permitted for a dead-
23 end street is 600 feet
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Resolution No 2724
March 6, 1996
Page 2
1 5 Accordingly, the applicants have requested a modification
2 to the street length standard The Hearing Examiner may
approve a modification provided certain findings of fact
3 are established to support the modification
4 6 The findings are found within Section 17 18 030 and are
5 repeated herein
6 A Such modification is necessary because of special
circumstances related to the size, shape,
7 topography, location or surroundings of the subject
8 property, to provide the owner with development
rights and privileges permitted to other properties
9 in the vicinity and in the zoning district in which
the subject property is located
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11 The special circumstances are that the plat is
located in an area that does not at this point have
12 a developed through street system even though one is
desired and will eventually occur The extension of
13 the street is out of the control of the applicant
14 and will be done at the time those properties may
develop Therefor in order for the applicant to
15 have the same development rights as others the
modification is necessary
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17 That, because of such circumstances, the development
of the property in strict conformity with the
18 provisions of the Land Division Ordinance will not
allow a reasonable and harmonious use of the
19 property
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Development of the property in strict conformance
21 with the standards would not allow for the
subdivision of the property, which would not be a
22 reasonable use of the property
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C That the modification, if granted, will not alter
24 the character of the neighborhood, or be detrimental
to the surrounding properties
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Resolution No 2724
March 6, 1996
Page 3
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2 The character of the neighborhood will not be
altered in that the surrounding uses are multi-
3 family, a mobile home park or industrial and will
not be impacted by the project More importantly
4 the street will only serve the proposed plat and
5 therefor will not impact any existing traffic
6 D Such modification will not be materially detrimental
to the implementation of the policies and objectives
7 of the Comprehensive Plan, circulation and utility
8 plans of the City
9 There is no evidence that any of these items will be
adversely affected if this modification is approved
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11 E Literal interpretation of the provisions of this
Title would deprive the applicant of rights commonly
12 enjoyed by other properties in the same zoning
district
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14 Literal interpretation would not allow the applicant
the right to subdivide his property that otherwise
15 meets the City' s platting requirements
16 F The approval of the modification will be consistent
17 with the purpose of the Land Division Ordinance
18 The purpose is found within Section 17 02 030 of the
Land Division Ordinance and the modification will be
19 consistent with the purpose by promoting safe and
20 convenient travel, by promoting the effective use of
land, facilitating adequate utilities, providing for
21 proper ingress and egress and adequately provides
for housing
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23 G The modification cannot lessen the requirements of
the Zoning Ordinance
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Resolution No 2724
March 6, 1996
Page 4
1 There are no zoning requirements that are being
2 lessened
3 7 The only lot which appears not to meet the minimum size,
width, or depth is lot 5 This lot is the corner lot and
4 in order for there to a corner lot, there must be two
5 intersecting streets In this case, there is only one
street, and accordingly lot 5 will need to be slightly
6 redesigned
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8 CONCLUSIONS OF LAW
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1 The preliminary plat may be approved provided that it is
10 properly conditioned, in that it is consistent with the
11 applicable criteria necessary to approve a preliminary
plat as set forth in Section 17 06 070 of the Land
12 Division Ordinance
13 2 Adequate provisions have been made for all public
14 improvements including open spaces, drainageways,
streets, alleys, and other public ways The limited size
15 of the project should not result in am impact on either
schools or parks
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17 3 The property as illustrated on the Comprehensive Plan map
to be consistent with multi-family uses The duplex
18 subdivision is consistent with that designation
19 4 Conformance with the proposed subdivision to the general
20 purposes of any other applicable policies or plans must
be established There appear to be no other policies
21 which would create an inconsistency with this proposal
22 5 The proposed subdivision must comply with the general
23 purposes of the Land Division Ordinance as set forth in
Section 17 020 030 This criteria is established by the
24 evidence since the plat is consistent with the purpose of
the Land Division Ordinance by promoting safe and
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Resolution No 2724
March 6, 1996
Page 5
1 convenient travel, the effective use of land,
2 facilitating adequate utilities, and providing for proper
ingress and egress, as well as adequately providing
3 housing
4 6 The plat is consistent with the Zoning Ordinance except
5 for the redesigning of lot 5 which is required
6 7 The potential environmental impacts of the proposed
subdivision have been adequately mitigated
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For each of the above stated reasons, the recommendation
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of the Hearing Examiner to the Auburn City Council on the
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application is conditional approval, subject to the following
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for a Preliminary Plat
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
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WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
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RESOLVES THAT
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Section 1 . The above cited Hearing Examiner ' s Findings
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and Conclusions are herewith approved and incorporated in this
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Resolution
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Section 2 . The Preliminary Plat of a 16-lot subdivision
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located on the west side of "D" Street SE in the 3500 block,
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and legally described as follows, is hereby approved
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That portion of Government Lot 3 , Section
23 30 , Township 21 North, Range 5 East, W M ,
24 King County, Washington, described as
follows
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Resolution No 2724
March 6, 1996
Page 6
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2 Beginning at the northeast corner of said
subdivision;
3 Thence south 0°20 ' 52" west and parallel to
the east line thereof, 329 65 feet to the
4 true point of beginning;
5 Thence north 89°59' 50" west and parallel
with the north line of said subdivision,
6 422 97 feet ;
7 Thence south 0°20 ' 52" west 183 12 feet;
Thence south 89°59' 50" east 26 47 feet ;
8 Thence south 0°20 ' 52" west 219 72 feet ;
9 Thence south 89°59 ' 50" east 396 50 feet;
Thence north 0°20 ' 52" east 402 84 feet to
10 the true point of beginning; EXCEPT the
east 30 feet thereof for road
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Section 3 . The plat shall be revised so that lot 5 meets
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the minimum requirements of the Zoning Ordinance The revised
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15 plat shall be approved by the Planning Director prior to the
16 submittal of construction drawings
17 Section 4 . The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
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out the directives of this legislation
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Resolution No 2724
March 6, 1996
Page 7
1 DATED and SIGNED this 18th day of March, 1996
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CITY OF AUBURN
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7 CHARLES A BOOTH
MAYOR
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10 ATTEST
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13 � � iii �
Robin Wohlhueter,
14 City Clerk
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17 APPROVED AS TO FORM
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19 ' n'
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20 L
Michael Reynolds,
21 City Attorney
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Resolution No 2724
March 6, 1996
Page 8
Giro`
CHARLES A BOO I'H.M 1 OR �• AUBURN CITY ATTORNEY
Judith J usman. Gha in Cu' Y
Judtlh Michael Ausn,; ,. .City At torn All0l nc, 25 West Main Auburn WA 98001-4998
Karen C Claims ProscLtaur (206) 931-3030
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full, true and correct copy of
Resolution No. 2724 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO "
I certify that said Resolution No 2724 was duly passed by the Council and
approved by the Mayor of the said City of Auburn, on the 18th day of March, 1996
Witness my hand and the seal o"ft/he City of Auburn this 18th day of April, 1996
Robin Wohlhue er
City Clerk
City of Auburn