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HomeMy WebLinkAbout2838 1 RESOLUTION NO 2 8 3 8 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE PRELIMINARY PLAT OF A 6-LOT 4 SUBDIVISION TO ACCOMMODATE A BUSINESS PARK DEVELOPMENT LOCATED 5 AT THE SOUTHWEST CORNER OF 15TH AND "0" STREET SW, WITHIN THE CITY OF AUBURN, WASHINGTON 6 WHEREAS, Application No PLT0006-95, dated December 29, 7 8 1995, has been submitted to the City of Auburn, Washington by 9 SOUTH SEVENTH CORPORATION, requesting approval of a 10 Preliminary Plat for a 6-lot subdivision to accommodate a 11 business park development located at the southwest corner of 12 13 15th and "0" Street SW, within the City of Auburn; and 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 17 conducted a public hearing to consider said petition in the 18 19 Council Chambers of the Auburn City Hall on March 19, 1996 , at 20 7 00 p m , at the conclusion of which the Hearing Examiner 21 recommended approval of the Preliminary Plat ; and 22 WHEREAS, the City Council at their April 7, 1997 meeting, 23 considered said request and scheduled a closed record hearing 24 25 for its April 21, 1997 meeting; and 26 Resolution No 2838 April 23, 1997 Page 1 1 WHEREAS, the City Council at their April 21, 1997 2 regularly scheduled meeting, conducted said closed record 3 4 hearing at the conclusion of which approved the request based 5 upon the following Findings of Fact and Conclusions, to-wit 6 7 FINDINGS OF FACT 8 g 1 The applicant, South Seventh Corporation, requests preliminary plat approval for a six lot subdivision to 10 accommodate a business park development The subject 11 property is located at the southwest corner of 15th and "0" Street SE and is 15 2 acres in size 12 2 The property is currently zoned M-1, Light Industrial 13 The applicant is also requesting the establishment of a 14 Business Park district concurrently with this application 15 3 At this time, the property is platted into eight separate 16 lots Each of the eight lots currently has access to 17 either 15th Street, "0" Street, or Boundary Boulevard The applicant is proposing to resubdivide the plat into 18 six lots A new public street, constructed to City standards, will connect 15th Street to "0" Street , and 19 these streets are currently built to full City standards, 20 including utilities As previously mentioned, the proposed lots will accommodate a business park 21 development ; however, lot 6 will be dedicated as a storm drainage facility 22 23 4 The City has adopted several Comprehensive Plan policies which are relevant to this application including Policy 24 GP-18, LU-66 , LU-74 , LU-109, and ED-2 These policies encourage the grouping together of uses which will 25 26 Resolution No 2838 April 23, 1997 Page 2 1 mutually benefit each other, discourage strip commercial 2 development near the SuperMall, and the clustering and planning of coordinated development 3 4 CONCLUSIONS OF LAW 5 6 1 The preliminary plat may be approved, if properly 7 conditioned It is consistent with the criteria necessary to approve a preliminary plat as set forth in 8 the Land Division Ordinance 9 2 Specifically, Section 17 06 070 of the Land Division 10 Ordinance requires that a development make adequate provision for the public health, safety, and general 11 welfare for open spaces, drainageways , streets, alleys, other public ways, water supplies, sanitary wastes, 12 parks, playgrounds, and sites for schools and school 13 grounds Storm drainage, streets, water, and sanitary sewer service are adequately provided for Parks and 14 playgrounds will not be impacted because this is a business park development 15 16 3 The plat conforms with the general purposes of the Comprehensive Plan 17 4 The plat has been designed to be in compliance with the 18 Land Division Ordinance and other plans or policies which 19 are appropriate to business park development 20 5 The plat conforms with the general purposes of the Land Division Ordinance since it will promote safe and 21 convenient travel, prompt the effective use of land, 22 facilitate the provision of water, sewer, and drainage, provide for proper ingress and egress, adequately provide 23 for the commercial needs of the City, and is consistent with the Comprehensive Plan 24 25 26 Resolution No 2838 April 23, 1997 Page 3 1 6 The plat is in compliance with the requirements of the 2 Zoning Ordinance 3 7 The potential environmental impacts of the proposed 4 subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse impact upon the 5 quality of the environment 6 For each of the above stated reasons, the recommendation 8 of the Hearing Examiner to the Auburn City Council on the 9 application is conditional approval, subject to the following 10 11 for a Preliminary Plat 12 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 13 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 14 RESOLVES THAT 15 16 Section 1 . The above cited Hearing Examiner' s Findings 17 and Conclusions are herewith approved and incorporated in this 18 Resolution 19 Section 2s The Preliminary Plat of an 6-lot subdivision 20 containing 15 2 acres, located at the southwest corner of 15th 21 22 and "0" Street SW and legally described as follows, is hereby 23 approved 24 25 26 Resolution No 2838 April 23, 1997 Page 4 1 Lots 1 through 8, inclusive, Auburn 400 2 Corporate Park Div 1, according to the plat thereof recorded in Volume 128 of 3 Plats, pages 97 through 99, inclusive, in 4 King County, Washington 5 Section 3 . Lot 6 shall be dedicated to the City for 6 storm drainage purposes 8 Section 4 . The Mayor is hereby authorized to implement 9 such administrative procedures as may be necessary to carry 10 out the directives of this legislation 11 DATED and SIGNED this 5th day of May, 1997 12 13 14 CITY OF AUBURN 15 16 17 03,■ c.,;\ 1 ) - G 18 CHARLES A BOOTH MAYOR 19 20 21 22 23 24 25 26 Resolution No 2838 April 23, 1997 Page 5 1 ATTEST 2 3 4 /621.. 5 Robin Wohlhueter, City Clerk 6 7 8 APPROVED AS TO FORM 9 10 II \ 11 Michael J Reynolds, 12 City Attorney 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No 2838 April 23, 1997 Page 6 }TABLES A BOOTH, MAYOR / + p PLA`\ING d CO\IML'\rTY DEVELOP\TENT DEPT Cat{ i w;sc\tan Auburn\tA 9tl001 aul Krauss, AICP , Planning Director = 1 :• / t'i t2U6)931 3090 a March 27, 1997 South Seventh Corporation do Regional Real Estate Manager United Parcel Service 2000 Crow Canyon Place, Suite 300 San Ramon, CA 94583 RE. APPLICATION NO PLT0006-95 Dear Sir Attached is the Hearing Examiner's official recommendation regarding your request that was considered by the Hearing Examiner on March 19, 1996 The City Council will consider your request on April 7 1997 in the City Council Chambers at 7:30 p.m. You or a representative are requested to be at that meeting to answer any questions the City Councilmembers might have regarding your proposal If you should have any questions regarding the attached, please do not hesitate to give us a call. Sincerely, Paul Krauss,AICP Director PK:pz Attachment cc: Philip J Davidson,Tollefson-Davidson Properties, Inc. Allan Ferris, Hogate Properties John Keegan, Davis Wright Tremaine Stanford Tabb, Hapsmith Company Building Department Public Works Department City Clerk Sherwood B.Korssjoen Virginia Haugen Matt Little Jack D Clark,Jr R.D Campbell J.B. Rupert HE\DEC\PLT6-95 • 0s CHARLES A. BOOTH, MAYOR { l t PLANNING &COMMUNITY DEVELOPMENT DEPT Paul Krauss', A.LC.P., Planning Director 25 West Main, Auburn WA 95001 (206)931 3090 {\ F FINDINGS AND DECISION OF THE HEARING EXAMINER FOR THE CITY OF AUBURN APPLICATION: PLT0006-95 APPLICANT South Seventh Corporation REQUEST Preliminary plat approval LOCATION: Southwest corner of 15th and 'O" Street SW APPLICATION FILED. December 29, 1995 SEPA STATUS. Final MDNS issued February 15, 1996 DATE OF PUBLIC HEARING. March 19, 1996 DECISION ISSUED March 28, 1997 DECISION: Recommend approval STAFF REPRESENTATIVES. Lynn Rued,Assistant Planning Director TESTIMONY Richard Hill, Phillips McCullough Wilson& Fisko Allan Ferrin, Hogate Properties Jim Howard, Hough, Beck and Baird Landscape Architects Rodger Campbell Stanford Tabb, Hapsmith Company John Keegan, Davis Wright Tremaine WRITTEN TESTIMONY The record from HAP000I-96 is incorporated herein by reference as those set forth in full. Exhibit#1 Written comments of Allan Ferrin on the rezone Exhibit#2: verbatim transcript from Planning Commission public hearing on SuperMall Exhibit#3 City Council meeting minutes and verbatim transcripts of Keegan and Tabb testimony, and Council deliberations Exhibit#4 Mall rezone Ordinance#4627 Exhibit#5 Concomitant Agreement between City and SuperMall Exhibit#6: Letter to Ernie Patty dated January 27, 1994 Exhibit#7 Letter from John Keegan to Paul Krauss,dated March 30, and Paul Krauss' reply,dated April 11, 1995 HE 3DEC\PLT6-95 Page 2 Findings and Decision Application No. PLT0006-95 INTRODUCTION After due consideration of the evidence presented by the applicant, all evidence elicited during the public hearing, and as a result of the personal inspection of the subject property and surrounding area by the Hearing Examiner the following Findings of Fact and conclusions shall constitute the decision of the Hearing Examiner on this application. FINDINGS OF FACT I The applicant, South Seventh Corporation, requests preliminary plat approval for a six lot subdivision to accommodate a business park development. The subject property is located at the southwest corner of 15th and 'O" Street SE and is 15.2 acres in size. 2. The property is currently zoned M-1, Light Industrial. The applicant is also requesting the establishment of a Business Park district concurrently with this application. 3 At this time,the property is platted into eight separate lots. Each of the eight lots currently has access to either 15th Street,"0" Street,or Boundary Boulevard. The applicant is proposing to resubdivide the plat into six lots. A new public street, constructed to City standards,will connect 15th Street to"0" Street, and these streets are currently built to full City standards, including utilities. As previously mentioned,the proposed lots will accommodate a business park development; however, lot 6 will be dedicated as a storm drainage facility 4 The City has adopted several Comprehensive Plan policies which are relevant to this application including Policy GP-18,LU-66, LU-74 LU-109, and ED-2. These policies encourage the grouping together of uses which will mutually benefit each other,discourage strip commercial development near the SuperMall, and the clustering and planning of coordinated development. CONCLUSIONS OF LAW 1 The preliminary plat may be approved, if properly conditioned. It is consistent with the criteria necessary to approve a preliminary plat as set forth in the Land Division Ordinance. 2. Specifically, Section 17 06.070 of the Land Division Ordinance requires that a development make adequate provision for the public health,safety, and general welfare for open spaces,drainageways,streets,alleys,other public ways,water supplies,sanitary wastes,parks,playgrounds,and sites for schools and school grounds. Storm drainage,streets,water,and sanitary sewer service are adequately provided for Parks and playgrounds will not be impacted because this is a business park development. 3. The plat conforms with the general purposes of the Comprehensive Plan. 4. The plat has been designed to be in compliance with the Land Division Ordinance and other plans or policies which are appropriate to business park development. 5. The plat conforms with the general purposes of the Land Division Ordinance since it will promote safe and convenient travel,prompt the effective use of land, facilitate the provision of water,sewer, and drainage, provide for proper ingress and egress, adequately provide for the commercial needs of the City,and is consistent with the Comprehensive Plan. HE\DEC\PLT6-95 Page 3 Findings and Decision Application No. PLT0006-95 6. The plat is in compliance with the requirements of the Zoning Ordinance. 7 The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse impact upon the quality of the environment. DECISION For each of the above reasons,the recommendation of the Hearing Examiner to the Auburn Cit) Council on this preliminary plat application is approval,subject to the following condition: 1 Lot 6 shall be dedicated to the City for storm drainage purposes. Dated this 28th day of March, 1997,pursuant to the authority granted under Chapter 18.66, Zoning Ordinance, City of Auburn. f ojy_____Th Diane L. VanDerbeek, Hearing Examiner REOUEST FOR RECONSIDERATION Any party of record who feels the decision of the Examiner is based on error of procedure,fact or judgment,or the discovery of new evidence may file a written request for reconsideration with the Hearing Examiner no later than 7 days from the date of mailing of the decision. Reconsideration requests should be addressed to: Hearing Examiner, 25 West Main Street, Auburn, WA. 98001-4998. CITY COUNCIL ACTION This decision of the Hearing Examiner is a recommendation to the City Council and will be considered by the Council at their April 7, 1997,meeting. At the April 7, 1997,meeting the Council may either affirm the Examiner's recommendation,remand the decision back to the Examiner, or schedule a closed record public hearing. HE\DEC\PLT6-95 Page 4 Findings and Decision Application No. PLT0006-95 DECLARATION OF MAILING CITY OF AUBURN COUNTY OF KING On the 28th day of March, 1997, I deposited into the United States of America mail, postage prepaid, copies of the foregoing addressed to the applicant and parties of record. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. Signed at Auburn this 28th day of March, 1997 !CC 2[Cd 6to `e_� Patricia Zook Department of Planning& Community Development HE\DEC\PLT6-95 Page 5 y or iF: :b. CHARLES A.BOOTH,MAYOR AUBURN CITY CLERK Robin Wohlhueter,City Clerk 25 West Main, Auburn,WA 98001 Dam Daskam, Deputy Qty Clerk City Clerk:(206)931-3039 Tone Bothell,Records/License Clerk "Business Registration:(206)931-3007 Fax:(206)931 3053 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. 2838 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2838 " I certify that said Resolution No. 2838 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 5th day of May, 1997., Witness my hand and the seal of the City of Auburn this 19th day of May, 1997 Robin Wohlhueter City Clerk City of Auburn