HomeMy WebLinkAbout2878 1 RESOLUTION NO 2 8 7 8
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING THE PRELIMINARY PLAT OF A 22-LOT SINGLE-
4 FAMILY SUBDIVISION LOCATED ON THE EAST SIDE OF "I" STREET NE
5 AND SOUTH OF 40TH STREET NE, WITHIN THE CITY OF AUBURN,
WASHINGTON
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7 WHEREAS, Application No PLT0001-97, dated February 28 ,
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1997, has been submitted to the City of Auburn, Washington, by
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VELVET HOMES, requesting approval of a Preliminary Plat for a
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11 22-lot single-family subdivision located on the east side of
12 "I" Street Northeast and south of 40th Street Northeast,
13 within the City of Auburn; and
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WHEREAS, said request above referred to was referred to
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the Hearing Examiner for study and public hearing thereon; and
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17 WHEREAS, pursuant to staff review, the Hearing Examiner
18 conducted a public hearing to consider said petition in the
19 Council Chambers of the Auburn City Hall on September 16 , 1997
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at 7 00 p m , at the conclusion of which the Hearing Examiner
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recommended approval of the Preliminary Plat; and
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23 WHEREAS, at the regular meeting of the City Council on
24 October 6 , 1997, the City Council conducted a public hearing
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Resolution No 2878
October 10, 1997
Page 1
1 to consider said petition in the Council Chambers of the
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Auburn City Hall at 7 30 p m , at the conclusion of which the
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4 City Council recommended approval of the Preliminary Plat
5 based upon the following Findings of Fact and Conclusions, to-
6 wit
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8 FINDINGS OF FACT
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10 1 The applicant , Velvet Homes, has requested preliminary
11 plat approval for a 22 lot single family subdivision
The property is 4 38 acres in size and is located on the
12 east side of "I" Street NE and south of 40th Street NE,
if 40th were extended east of "I" Street The property
13 is zoned R-2 , single family
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2 The property abuts "I" Street NE which is a designated
15 City arterial That portion of "I" Street that abuts the
property is only 30 feet wide The applicant, pursuant
16 to Section 17 12 100 of the Land Division Ordinance, will
17 therefor be required to dedicate an additional 30 feet of
right of way along the plat' s boundary so a 60 foot wide
18 right of way for "I" Street will result The additional
right of way will also need to be constructed pursuant to
19 the aforementioned section Access to the lots, within
20 the plat, will be provided by a cul-de-sac in that
Section 17 12 250 (F) of the Land Division Ordinance does
21 not allow single family lots to have direct access to an
arterial The cul-de-sac is approximately 460 feet in
22 length and pursuant to the Land Division Ordinance the
23 maximum length for cul-de-sacs is 600 feet
24 3 The property owner to the east of the proposed plat has
requested that the City require the applicant to provide
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Resolution No 2878
October 10, 1997
Page 2
1 a public street, through the applicant' s property, to
2 provide access, from "I" Street, to the property to the
east This issue has been reviewed by the City
3 Attorney' s office Based upon a number of court cases,
4 it was the conclusion of the Attorney' s office that the
City could not require the additional street in that the
5 need for this street does not arise from the project
under review
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7 4 While the property is zoned R-2 , Single Family, the
Comprehensive Plan map designation is for multi-family
8 The property could be rezoned to R-4 which could result
in the construction of more than 70 multi-family units
9 The applicant has however opted to pursue development
10 using the existing R-2 zoning on the property The
existing use of the property consists of a single family
11 home with out buildings which will be removed
12 5 The contents of the case file, #PLTOOO1-97, and the
13 environmental file, #SEPOO15-97, of this project are
hereby incorporated by reference and made part of the
14 record of this hearing
15 6 Fairfield Developments, a neighboring property owner and
16 the appellant of the City' s issuance of the Mitigated
Determination of Non Significance, provided written
17 comments on the subject plat The comments are contained
within a letter dated 8-19-97 Fairfield Developments
18 requested several conditions be placed on the plat
19 These requested conditions are either not applicable to,
not required by, or not the responsibility of the
20 applicant Most of the conditions could also be
considered a taking if they were to be imposed by the
21 City
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7 One issue raised in the appeal of the Mitigated
23 Determination of Non Significance, filed by Fairfield
Developments, is the location of a stormwater facility
24 Subsequent to the receipt of the appeal, the applicant
25 has been working with the City' s engineering staff to see
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Resolution No 2878
October 10, 1997
Page 3
1 if an alternative design, for the stormwater facility,
2 could be attained that would address the aesthetic issues
raised by the appellant An alternative design was
3 arrived at that would reduce the amount of the facility
that would be visible from "I" Street Please see
4 preliminary plat dated 9-10-97
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6 CONCLUSIONS OF LAW
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8 The preliminary plat may be approved, if properly conditioned,
in that it is consistent with the following criteria necessary
9 to approve a preliminary plat as outlined in Section 17 06 070
of the Land Division Ordinance
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11 1 Adequate provisions are made for the public health,
safety and general welfare and for open spaces, drainage
12 ways, streets, alleys, other public ways, water supplies ,
13 sanitary wastes, parks, playgrounds and sites for schools
and school grounds
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All the public infrastructure, necessary to serve the
15 subdivision, and all impacts of the subdivision have been
16 adequately addressed and mitigation provided for as
needed Due to the small size of the subdivision there
17 is not an impact to the school or park system
18 2 Conformance of the proposed subdivision to the general
19 purposes of the Comprehensive Plan
20 The proposal is consistent with Chapter 2 of the
Comprehensive Plan, General Approach to Planning, in
21 particular Goal 4 which purpose is to enhance and
22 maintain Auburn' s character as a family community
23 3 Conformance of the proposed subdivision to the general
purposes of any other applicable policies or plans which
24 have been adopted by the City Council
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Resolution No 2878
October 10, 1997
Page 4
1 There have been no other policies or plans which have
2 been identified that are applicable to this subdivision
3 4 Conformance of the proposed subdivision to the general
4 purposes of the Land Division Ordinance as enumerated in
Section 17 02 030
5
The subdivision is consistent with Section 17 02 030 in
6 that the plat prevents the overcrowding of land, lessens
7 congestion on the streets and provides for adequate
infrastructure
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5 Conformance of the proposed subdivision to the Auburn
9 Zoning Ordinance and any other applicable planning or
10 engineering standards and specifications as adopted by
the City
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The plat either meets or is capable of meeting all
12 requirements of the Zoning Ordinance The plat also
13 conforms to all applicable engineering requirements for
streets and utilities
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6 The potential environmental impacts of the proposed
15 subdivision are mitigated such that the preliminary plat
16 will not have an unacceptable adverse effect 'upon the
quality of the environment
17
A mitigated determination of non significance was issued
18 on July 10, 1997 which contained 11 conditions of
19 approval
20 7 The staff report with its recommendation of approval is
incorporated herein by reference
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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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Resolution No 2878
October 10, 1997
Page 5
1 application is conditional approval, subject to the following
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for a Preliminary Plat
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4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
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
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11 Section 2 . The Preliminary Plat for a 22-lot single-
12 family subdivision located on the east side of "I" Street
13 Northeast and south of 40th Street Northeast, within the City
14
of Auburn, and legally described on attached Exhibit "A" is
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16 hereby approved subject to the following conditions
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1 The owner shall dedicate an additional 30 feet of right
18 of way along the entire length of the west property line
19 for the "I" Street arterial Right of way shall also be
dedicated, adjacent to lot 6, to allow for the curb
20 radius at the intersection of "I" Street and the future
extension of 40th Street NE The owner shall also be
21 responsible for constructing his/her portion of "I"
22 Street The City Engineer shall approve construction
plans for the street' s interface between "I" Street and
23 40th Street
24 2 The tract of property that is at the southeast corner of
25 the plat and labeled "existing pond" needs to either be
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Resolution No 2878
October 10, 1997
Page 6
1 made part of an adjacent lot or designated as a non
2 buildable tract If designated a non buildable tract the
ownership of the tract shall also be determined and the
3 Final Plat prepared accordingly
4 3 The tract of property that is labeled "detention pond and
5 bioswale" needs to dedicated to the City as part of the
Final Plat process
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4 The stormwater facility shall be designed to be
reflective of a residential development The retaining
8 wall as shown along the northern boundary of the storm
drainage tract should be textured concrete with the use
9 of colors or other architectural features to soften its
10 features as a retaining wall The corners of the pond
itself should be rounded and less angular to soften the
11 appearance of the pond and make it more "natural"
looking The maintenance pad shown should be "grass-
12 Crete" or similar treatment; not a concrete or asphalt
13 pad to avoid a driveway-like appearance The
architectural design of the pond shall be approved by the
14 Planning Director This approval shall be attained prior
to submittal of construction drawings to the Public Works
15 Department
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5 Deciduous trees that are one and one - half to two inches
17 in caliper shall be planted an average of 30 feet apart
along the entire length of the plat which abuts "I"
18 Street Sight distance issues shall however be avoided
19 A wooden fence shall also be required that meets the
requirements of the Zoning Code with regard to height and
20 setbacks The applicant shall submit to the Planning
Director a plan for said landscaping and fencing Said
21 plan shall be approved and the landscaping and fencing
22 installed prior to the application for a Final Plat A
performance bond may be accepted if it is determined by
23 the Planning Director that the installation of the fence
and landscaping be in conflict with future home
24 construction
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Resolution No 2878
October 10, 1997
Page 7
1 6 A note be added to the face of the Final Plat that alerts
2 the future lot owners that an arterial street will be
constructed, by others, and will abut the north property
3 line of the plat The purpose of the arterial street is
to serve a future residential development to the east of
4 the plat The exact language shall be approved by the
5 Planning Director
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Section 3 . The Mayor is hereby authorized to implement
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8 such administrative procedures as may be necessary to carry
9 out the directives of this legislation
10 DATED and SIGNED this 20th day of October, 1997
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CITY OF AUBURN
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13 (1.1a016 %6
14 CHARLES A BOOTH
MAYOR
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16 ATTEST
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18 44, ` ___
19 Danielle E Daskam,
Acting City Clerk
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21 APPROVED AS TO FORM
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23 /
24 Michael J Reynolds,
25 City Attorney
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Resolution No 2878
October 10, 1997
Page 8
THAT PORTION OF THE WEST 348 FEE I OF GEORGE E. KING DONATION LAND CLAIM
NUMBER 40 IN SECTION 6, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON, LYING SOUTH OF A LINE DESCRIBED IN BOUNDARY LINE AGREEMENT
RECORDED UNDER KING COUNTY RECORDING NUMBER 7903190605,
EXCEPT THAT PORTION LYING NORTHERLY OF THE NORTH LINE OF THE SOUTH 241.33 FEET
OF THE NORTH 316.33 FEE I THEREOF;
AND EXCEPT THAT PORTION THEREOF, LYING SOUTHERLY OF THE NORTH LINE OF TFIAT
TRACT OF LAND CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING
NUMBER 7712301286.
Resolution No 2878
Exhibit "A"
CHARLES A.BOOTH,MAYOR 1%n`
����� AUBURN CITY CLERK
Robin Wohlhueter,City Clerk 25 West Main, Auburn,WA 98001
Dani Daskam,Deputy City Clerk Atiblirn City Clerk:(253)93 1-3039
Tamie Bothell, Records/License Clerk
}Business Rcgis[runon:(253)931-3007 Fax:(253)288-3132
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Danielle Daskam, 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 2878 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2878 "
I certify that said Resolution No 2878 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 20th day of October, 1997
Witness my hand and the seal of the City of Auburn this 11th day of December, 1997
Da ielle Daskam, City Clerk
City of Auburn