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HomeMy WebLinkAbout2991 1 RESOLUTION NO. 2 9 9 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, APPROVING THE PRELIMINARY PLAT OF A 33-LOT SINGLE- FAMILY SUBDIVISION TO BE KNOWN AS LAKELAND HILLS DIVISION 5B 4 LOCATED IN THE SOUTHERN PORTION OF THE LAKELAND HILLS DEVELOPMENT, WITHIN THE CITY OF AUBURN, WASHINGTON 5 6 WHEREAS, Application No PLT0002-98 , dated February 2 , 7 1998, has been submitted to the City of Auburn, Washington, by 8 ZIONS SECURITIES, requesting approval of a Preliminary Plat 9 for a 33-lot single-family subdivision located in the southern 10 portion of the Lakeland Hills Development, within the City of 11 Auburn; and 12 WHEREAS, said request above referred to was referred to 13 the Hearing Examiner for study and public hearing thereon; and 14 WHEREAS, pursuant to staff review, the Hearing Examiner 15 conducted a public hearing to consider said petition in the 16 Council Chambers of the Auburn City Hall on June 16, 1998 at 17 7 00 p m , at the conclusion of which the Hearing Examiner 18 recommended approval of the Preliminary Plat; and 19 WHEREAS, at the regular meeting of the City Council on 20 July 6 , 1998 , the City Council moved to hold a closed record 21 hearing on the Preliminary Plat; and 22 WHEREAS, at the regular meeting of the City Council on 23 July 20, 1998, the City Council conducted a closed record 24 hearing to consider said petition in the Council Chambers of 25 26 ----------------------- Resolution No 2991 July 27, 1998 Page 1 I the Auburn City Hall at 7 30 p m , at the conclusion of which 2 the City Council amended the Hearing Examiner' s decision and 3 approved the Preliminary Plat based upon the following 4 Findings of Fact and Conclusions, to-wit 5 6 FINDINGS OF FACT 7 1 The applicant, Zions Securities, has requested 8 preliminary plat approval of a 33 lot single family subdivision The plat will be known as Lakeland Division 9 5B The plat is located in the southern portion of the Lakeland Hills Development More specifically it will be 10 located on the east side of Lakeland Division #2 and on the west side of Division #7 The north and south 11 boundaries are the "stub" streets of Highland Drive The street will be continued through the project such that 12 Highland Drive will become a through street The subject property is 12 2 acres in size, and accordingly the 13 subject development will be quite dense The lot size for the preliminary plat complies with the existing City 14 of Auburn comprehensive plan and subdivision ordinance 15 2 The property is currently wooded and has some steeper slopes It is proposed that the new street will 16 essentially run down the middle of the property in generally a north/south direction This will allow for 17 one row of lots on both sides of the street Since the property has some steep slopes there will be a 18 substantial loss of vegetation as well as a significant amount of excavation needed for the subdivision 19 Essentially the materials, i e soils, that are on the easterly side of the new street will be excavated and 20 used as fill that will be placed on the westerly side of the street The purpose is to provide a buildable lot 21 area on either side of the street 22 3 A geo-technical analysis was prepared by Associated Earth Sciences, Inc , in order to evaluate existing soils and 23 slope conditions and potential impacts This analysis showed that the identified site would support the 24 proposed development under appropriate conditions Based 25 26 ------------------------ Resolution No 2991 July 27, 1998 Page 2 1 on the analysis performed, mitigation measures have been required to offset potential adverse impacts The geo- 2 technical engineering report provides subsurface data to be utilized in the design and development of the proposed 3 project The project site has topography sloping downward in a west to northwest direction and at 4 gradients ranging from approximately 10 to 30 percent 5 The geo-technical study concluded that the site ' s soils and slopes are suitable for the proposed development if 6 all of the study' s recommendations regarding slope stability, re-vegetation, erosion potential, foundation 7 placement, structural fill and drainage are followed The Conceptual Grading and Drainage Plan (Sheet P4) 8 identifies where rockeries are required for slope stability The rockeries identified on the plan vary 9 between three and eight feet in height As depicted on the plan sheet, this solution will potentially require 10 slope and drainage easements across many of the lots 11 Given the site ' s soils and steepness of both natural and excavated slopes combined with the proposed grading 12 activities (approximately 42, 100 cubic yards excavation and 43 , 500 cubic yards of fill embankment) , there exists 13 a substantial potential for severe erosion and sedimentation impacts Loose soil, disrupted during site 14 construction activities, creates the potential for erosion and soil displacement Without proper erosion 15 and sedimentation control measures in place prior to the commencement of construction activities, there is a 16 potential for adverse impacts to occur on earth resources Appropriate measures shall be taken to ensure 17 that construction operations do not result in erosion and sedimentation impacts on water quality and on nearby 18 drainage courses At a minimum, erosion control measures should include the installation of temporary and 19 permanent erosion control improvements, and appropriate stabilization of excavated and all disturbed areas that 20 are not immediately developed 21 4 The proposed plat will eliminate all vegetation over approximately two-thirds of the project site in order to 22 achieve final grades and to install required infrastructure to service the proposed building lots It 23 is an objective of the City to recognize the aesthetic, environmental and use benefits of vegetation, and to 24 promote its retention and propagation Mitigation measures for on-site tree removal will be required 25 26 ----------------------- Resolution No 2991 July 27, 1998 Page 3 I Therefore, as part of the Mitigated Determination of Non- Significance (MDNS) issued for the project an approved 2 plan which identifies the method and scope of revegetation efforts shall be reviewed and approved by 3 the City prior to Final Plat approval The applicable conditions from the MDNS are printed here 4 "6 Prior to the issuance of grading or 5 construction permits, the applicant shall submit a professionally-prepared landscaping 6 plan for review and approval by the Planning 7 Director providing for a Street trees consisting of deciduous trees, 8 similar to those planted in other Divisions, that are two to two-and-a-half inches in 9 diameter at the time of planting Trees shall 10 be planted on an average spacing of 25 feet b Rear yard trees shall consist of a combination 11 of deciduous and coniferous trees All trees shall be planted with an average spacing of 25 12 feet along the rear property line Deciduous trees shall be between two to two-and-a-half 13 inches in diameter at the time of planting Coniferous trees shall be four to six feet in 14 height at the time of planting 15 c Sequencing, including the installation of all trees prior to Final Plat approval; or, the 16 posting of a bond or similar financial guarantee that ensures all trees are planted 17 within three (3) years of Final Plat approval 18 Prior to Final Plat approval, the applicant 19 shall be responsible for a The posting of a bond or similar financial 20 guarantee that ensures the newly-planted trees will survive for two (2) years 21 following planting and that any dead or 22 unhealthy trees shall be promptly replaced b Drafting language to be recorded as part 23 of the Final Plat and as part of any 24 restrictive covenants indicating that the 25 26 ------------------------ Resolution No 2991 July 27, 1998 Page 4 a) OD to doH E •-aro 0 o v o o >1 10 0 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r-4v v Ur-I14 > u14 0 vrY .amla -H 1') N m 0 4J 14 0 0 m 14 -0 " .0 A O a) 0 m v v -H v 4 v m 0 ; ° _ 301 04 E +) mro04 d'a '0 mm4) H00f4F4aroNxrn E > 904 i ANN o >1 v � m � to v a ro in io r �+ N M d' LO CD t- 00 O) O N M -,t )D CD 1� 00 0) O ^' N M N N I conditions, the addition of traffic based on the proposed development and identify impacts resulting from this 2 addition of traffic The development of this parcel is within the scope of the overall transportation impacts 3 envisioned for the initial phase of the Lakeland Hills development All impacted signalized intersections will 4 function within currently adopted City standards Pro- rata participation in the installation of a future 5 traffic signal at Lakeland Hills Way and "A" Street SE 6 within the City of Pacific is required The proposal calls for a pedestrian connection through 7 this subdivision The applicant has made a request to the City to delete the requirement of this pedestrian 8 connector due to g a extreme slope, not accessible to entire public b security/vandalism 10 c connectivity - not part of a larger City- 11 approved trail corridor 12 8 Section 17 12 070 (C) of the Land Division Ordinance requires that for streets that exceed a length of 660 feet between intersections that a pedestrian walkway 13 shall be provided in order to provide pedestrian access 14 to adjoining neighborhoods In the subject case the length of the new street between intersections will be 15 about 1, 500 feet Due to the steepness of the excavated and filled portions, other than the building pads, it was 16 concluded that the walkway would be steep and have to include stairs in order to be used Because of this the 17 developer has asked the City to not require the walkway 18 9 Pursuant to Chapter 17 18, of the Land Division Ordinance, the Hearing Examiner recommended the 19 modification be approved due to the existing and proposed topography of the site it would not be practical to 20 require a walkway given that it will not be available to be used by all as well as perpetual maintenance of stairs 21 could be an issue The City Council at its closed record hearing concluded the pedestrian connection should be 22 required in that there was substantial neighborhood support for the connection and the connection would 23 implement Comprehensive Plan Policy TR21, TR32, TR37, TR38 and TR43 24 25 26 ------------------------ Resolution No 2991 July 27, 1998 Page 6 1 10 At the time of the Hearing Examiner' s public hearing, there was considerable testimony expressing concern with 2 regard to the development Generally the adjacent neighbors do not object to the development, although they 3 do regret it because they had hoped that it would remain open space, they did express concern about certain issues 4 including but not limited to the pedestrian pathway Concern was expressed with regard to wildlife and how the 5 development might affect the wildlife Written comments were received and submitted 6 11 It appears as though the applicant and the City have 7 addressed the neighbors concerns 8 12 The contents of the case file #PLT0002-98 and the environmental file #SEP0007-98 of this project are hereby 9 incorporated by reference and made part of the record of this hearing 10 11 CONCLUSIONS OF LAW 12 13 1 The preliminary plat may be approved, provided that it is properly conditioned It is consistent with the criteria 14 necessary to approve a preliminary plat as set forth in Section 17 06 070 of the Land Division Ordinance 15 2 Adequate provisions are made for the public health, 16 safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools 17 and school grounds 18 Adequate provisions have been made with regard to all 19 public infrastructure, parks, schools and open spaces If the conditions of approval are followed there should 20 not be any adverse affects to the public health and welfare 21 3 Conformance of the proposed subdivision to the general 22 purposes of the Comprehensive Plan The property is planned for single family residential, which the proposed single family plat will implement 24 25 26 ----------------------- Resolution No 2991 July 27, 1998 Page 7 1 4 Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans which 2 have been adopted by the City Council 3 The proposed subdivision is in compliance with the Lakeland Hills Plan, which was adopted in 1988, which 4 illustrated this area to be appropriate for single family uses 5 5 Conformance of the proposed subdivision to the general 6 purposes of the Land Division Ordinance as enumerated in Section 17 02 030 7 The plat is consistent in that it provides for convenient 8 travel on public streets, provides for adequate infrastructure including parks, provides for proper 9 ingress and egress, and implements the Comprehensive Plan 10 6 Conformance of the proposed subdivision to the Auburn 11 Zoning Ordinance and any other applicable planning or engineering standards and specifications as adopted by 12 the City 13 The plat either meets all applicable requirements or is capable of meeting such requirements 14 7 The potential environmental impacts of the proposed 15 subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the 16 quality of the environment 17 A thorough environmental analysis has been completed which resulted in the City issuing a Mitigated 18 Determination of Non-Significance (MDNS) with nine conditions of approval that involve storm drainage, 19 erosion control, clearing and grading, slope stability, tree removal and traffic 20 21 For each of the above stated reasons, the recommendation 22 of the Hearing Examiner to the Auburn City Council on the 23 application is amended and conditionally approved, subject to 24 the following for a Preliminary Plat 25 26 ------------------------ Resolution No 2991 July 27, 1998 Page 8 I NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 2 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 3 RESOLVES THAT 4 Section 1. The above cited Hearing Examiner' s Findings 5 and Conclusions are herewith approved and incorporated in this 6 Resolution 7 Section 2. The modification to Section 17 12 070 (c) of 8 the Land Division Ordinance be denied and the pedestrian 9 connection as required by Section 17 12 070 (c) be constructed 10 as illustrated on the Preliminary Plat 11 Section 3 . The Preliminary Plat for a 33-lot single- 12 13 family subdivision located in the southern portion of the 14 Lakeland Hills Development, within the City of Auburn, legally 15 described on attached Exhibit "A" and made apart hereof as 16 though set forth in full herein, is hereby approved subject to 17 the following conditions 18 1 The conditions of approval of the Mitigated Determination of Non-Significance MDNS, file number 19 SEP0007-98 , are hereby incorporated by reference 20 2 A statement on the final plat for recordation 21 against all lots stating that instability of slopes 22 may exist and the prospective property owner should 23 consult a geotechnical advisor shall be added on the deed to each lot in the plat 24 25 26 ----------------------- Resolution No 2991 July 27, 1998 Page 9 I Section 4 . The Mayor is hereby authorized to implement 2 such administrative procedures as may be necessary to carry 3 out the directives of this legislation 4 DATED and SIGNED this 3rd day of August, 1998 5 6 CITY OF AUBURN 7 8 9 CHARLES A BOOTH 10 MAYOR 11 12 ATTEST 13 14 exa.� 15 Danielle E Daskam, City Clerk 16 17 18 APPROVED AS TO FORM 19 �20 Michael J Reynolds, 21 City Attorney 22 23 24 25 26 ---=-------------------- Resolution No 2991 July 27, 1998 Page 10 EXHIBIT "A" RESOLUTION NO. 2991 LEGAL DESCRIPTION OF PROPERTY , A PORTION OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE 1979 KING COUNTY MONUMENT AT THE SOUTHEAST CORNER OF SAID SECTION . THENCE NORTH 8834'43" WEST A DISTANCE OF 192. 9.31 FEET TO THE SOUTHEAST CORNER OF LAKELAND HILLS DIVISION #3 ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 132 OF PLATS, PAGE 18, IN KING COUNTY, WASHINGTON, FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION BEARS NORTH 8834'43" WEST;_ THENCE_ ALONG THE EASTERLY BOUNDARY OF SAID PLAT THE FOLLOWING THREE COURSES; NORTH 473939" WEST A DISTANCE OF 131.52 FEET; .THENCE NORTH 10:34'16" EAST A DISTANCE OF 336.27 FEET; THENCE NORTH 0335'07" WEST A DISTANCE OF 628.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID DIVISION j'3 AND THEN ALONG LAKELAND HILLS DIVISION J2 ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 126 OF PLATS, PAGE 4, IN KING COUNTY, WASHINGTON, NORTH 03 35'07" WEST A DISTANCE OF 941.29 FEET; THENCE NORTH 1176'27" EAST A DISTANCE OF.96.69 FEET TO THE SOUTHERLY MARGIN OF 51ST STREET SOUTHEAST AS PER PLAT, SAID DIVISION jf2, THENCE ALONG A CURVE TO THE NORTHEAST WITH A CENTER OF RADIUS THAT BEARS NORTH 43'40'02" WEST A DISTANCE OF 547.00 FEET, THROUGH A CENTRAL ANGLE OF 692450" AN ARC DISTANCE OF 89.87 FEET; THENCE ALONG A CURVE TO THE NORTHEAST WITH A CENTER OF RADIUS THAT BEARS SOUTH 53'04'52." EAST A DISTANCE OF 1830.02 FEET, THROUGH A CENTRAL ANGLE _OF 0402.20"AN ARC DISTANCE OF 129.00 FEET; THENCE SOUTH 50'40'18" EAST A DISTANCE OF 143.83 FEET, THENCE NORTH 48 02'04" EAST A DISTANCE OF 203.65 FEET, THENCE NORTH 6702'11" EAST A DISTANCE OF 204.11 FEET THENCE NORTH 8602'20" EAST A DISTANCE OF 201.94 FEET; THENCE SOUTH 8050'04" EAST A DISTANCE OF 75.24 FEET; THENCE SOUTH 04'3525" WEST A DISTANCE OF 110.00 FEET,• THENCE SOUTH 0704'12" WEST A DISTANCE OF 50.05 FEET; THENCE SOUTH 1374'35" EAST A DISTANCE OF 74.61 FEET; THENCE SOUTH 7635'25" WEST A DISTANCE OF 109.08 FEET; THENCE NORTii 8758'14" WEST A DISTANCE OF 51.87 FEET; THENCE SOUTH 7635'25" WEST A DISTANCE OF 58.21 .FEET, THENCE OF A, CURVE TO THE LEFT WITH A RADIUS OF 339.87 FEET, THROUGH A CENTRAL ANGLE OF 3400'24" AN ARC DISTANCE OF 201.72 FEET; THENCE CONTINUING ON A CURVE TO THE LEFT WITH A RADIUS OF 516.66 FEET, THROUGH A CENTRAL ANGLE OF 46'10'08" AN ARC DISTANCE OF 416.33 FEET; THENCE SOUTH 0335'07" EAST A DISTANCE OF 460.71 FEET; THENCE SOUTH 70'51'34" WEST A DISTANCE OF 357.02 FEET TO THE TRUE POINT OF BEGINNING. Exhibit "A:� Resolution No. 2991 RECORDS MANAGEMENT ORDINANCE/RESOLUTION DISTRIBUTION ORDINANCE NO% DATE ADOPTED: :RESOLUTION NO. o EFFECTIVE DATE: RECORDING FILE: CODE BOOK: DEPARTMENT DISTRIBUTION: aF : i CONTACT. . . iDATE trio-� CITIZEN REQUESTS: NAME ADDRESS µ..Vi : ;tDATE RCLERKIRECORWREOFORM CHARLES a BOOTH,MAYOR At CITY CLERK Danielle Daskam,City Cterk A 25 West Main, Auburn,WA 98001 Cathy Richardson, Deputy City Clerk City Clerk:(253)931.3039 Tamie Bothell,Record%Umnse Clerk - Business Registration:(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. 2991 of the resolutions of the City of Auburn, entitled "RESOLUTION NO.2991 " I certify that said Resolution No. 2991 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 3rd day of August, 1998. Witness my hand and the seal of the City of Auburn this 20th day of August, 1998. c � o.r�� Dan4ielle Daskam, City Clerk City of Auburn