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HomeMy WebLinkAbout3437 RESOLUTION NO. 3 4 3 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, _ _ _ WASHINGTON, APPROVING THE PRELIMINARY PLAT OF A 3.58 ACRE 18- LOT SINGLE FAMILY SUBDIVISION LOCATED ON THE NORTH SIDE OF THE GREEN RIVER ROAD AND NEAR ITS INTERSECTION WITH 10OT" AVENUE SE WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. PLT00-0011, dated October 25, 2002, has been submitted to the Cifiy of Auburn, Washington, by Wayne Jones of. Lakeridge Development, requesting approval of a Preliminary Plat for a 3.58 acre, 18-lot single-family dwellings located on the north side of the Green River Road and near its intersection with 100T" Ayenue SE within the City of Aubu�n; and WHEREAS, said request above refer�ed to was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on February 20, 2002, at the eonclusion of which the Hearing Examiner recommended approval of the Preliminary Plat; and WHEREAS, the Gity Cquncil, on March 4, 2002 considered said request and affirmed the Hearing Examiner's recommendation for rezone based upon the following Findings of Fact and Conclusions, to-wit: Resolution 3354 May 21, 2001 Page 1 C 1. Wayne Jones has applied for preliminary plat approval for an 18-lot single family subdivision loca#ed on the north side of the Green River Road near its intersection with 100th Avenue SE. The property is 3.58 acres in size, is currently vacant and zoned LHR=1 which is a single family zone. _ _ _ 2. In addition to the preliminary plat there are a number of other applications that are being processed concurrent with the preliminary plat; A rezone from LHR-1 to LHR-2 is being processed. The main differenee between the LHR-1 and LHR-2 zones is that the LHR-1 zone requires an 8,000 square foot lot and the LHR-2 zone requires a 6,000 square foot lofi. A shorelines management permit is required since a portion of the project falls within the shorelines of the Green River. There are also two variances to the Zoning Code standards being proposed. One variance would allow for the o�ientation of the setbacks for Iot 10 to be modified and the other variance would allow for a five-foot �eduction ih the rear yard setbacks fo� lots 1 through 10. 3. It is also proposed that the project be a gated community. At the time the original applieation was made, the City did not have regulations for gated communities. The City specifically amended the Zoning Code to provide standards for gated communities as well as proyide standards for private access tracts since one is also being proposed for this plat. 4. The plat abuts two streets, the Green River Road and 100th Avenue SE. The plat will not have direcfi access to the Green River Road, but will be provided direct access from 100�' Avenue. 100th Avenue is currently not built to City street standards and currently serves another subdivision of 29 homes. A cul-de-sac that is 250 feet (+/-) in length will intersect with 100�' Avenue and will provide access to the lots of the proposed subdivision. 5. The existing 100th Avenue SE is currently comprised of a 20 foot wide � paved surface with sidewalk and curb on the east side only. The applicant shall complete the road to local residential standards to provide a 28-foot width of pa�e.d surFace. Curb, gutter, storm drainage, a 5 foot sidewalk, a 5 foot landscape strip and illumination shall be provided on the west side of the road on 100th Avenue SE from SE 304th Place to the south boundary of the plat. The applicant shall work with the City's development engineering and traffic engineering staff to ensure that appropriate taper lengths and traffic control are in place per the design and construcfion standards and fo the satisfaction of the traffic engineer. 6. In addition, the project will be responsible for constructing half-street improvements to its street frontages of Green River Road per City of Resolution 3437 March 7, 2002 Rage 2 Auburn code requirements. It is anticipated the applicant will apply for a delay or a waiver of street improvements along his frontage on this road. This is due to the eurrent low vofume of traffic, the lack of other planned improvements adjacent to it and the uncertainty on the final design of the road. 7. Heath and Associates Inc., the proponent°s traffic engineer, prepared a Traffic Impact Analysis that evaluated the existing traffic conditions and project impacts. This anal.ysis as reviewed and approved by the City of Aubum, concluded that the proposed project will generate approximately 20 vehicle trips in the PM peak hour based on the identifed trip rate. Impacts arising from this additional traffic will necessitate participation in the traffie impact fee payment system and by the project's construction of ha.lf-street improvements. 8. The proposed cul-de-sac is being proposed to be a private street since this will be a gated neighborhood. The gated neighborhood requirements of the Zoning Code, Section 18.48.140(C), �equire the streets to be private, but still meet the City's requirements for a standard residential street. A standard residential street for this plat would consist of 50 feet of right of way; a 28-foot wide paved street, street lights and curb, gutter, sidewalks and street trees on both sides of the street. In this instance 39 feet of right of way is being proposed. All construetion standards will be the same except that the street trees w'ill be located within the lots instead of being within the adjoining street right of way. The City's Public Works Director has approved this deviation to the standard. � 9. The site's storm drainage system is proposed to consist of catch basins located within the proposed internal street connected via underground pipes to a 125-foot long biofiltration swale within a private storm easement on Lot 11. The biofiltration swale will outlet to an underground infiltration swale construeted below the aceess tract to Lots 8, 9 and 10. I 10. A relatively small portion of the project lies within 200 feet of the ordinary high water mark of the Green River. This 200-foot shoreline jurisdiction , encroaches into the subject property about 60 feet at its widest point. This shoreline is designated "Conservancy". The stated purpose of this designation is to ensure an area for uses that are non-intensive and compatible with pastoral, recreation and open space. The proposed activity within the 200-foot area is limited to the required half-street improvements to the existing Green River Road, the installation of utilities and the excavation, grading and construction of the yard area and a portion Resolution 3437 March 7, 2002 Page 3 of the building pad for one of the lots. The site is not located within a floodplain. 11. As previously cited, the preliminary plat is proposed to be a gated neighborhood. Section 18.48,140 of the Zoning Code allows for gated residential subdivisions if the requirements of that section are met, The proposed subdivision meets the requisite requirements in that having a gated street will not adversely affect existing or proposed traffic in the area; the street is to be privately owned and maintained; the application indicates a homeowners association will be formed to maintain the private street; the entry to the neighborhood, the design of the gate, public access and emergency access provisions also appear to be consistent or are capable of being consistent with Section 18.48.140. 12. The contents of the case file #PLT00-0011 and the environmental file #SEP00-0050 of this project are hereby incorporated by reference and made part of the record of this hearing. . CONCLUSIONS OF LAW The undersigned has concluded that the preliminary plat may be approved, if properly conditioned, in that it is consistent with the following criteria necessary to approve a preliminary plat as outlined in Section 17.06.070 of the Land Division Ordinance. � 1. Adequate provisions are made for the public health, 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 and school grounds. The plat as proposed is adequately providing for all utilities, access, and street improvements. Since the plat is only 18 lots there will be no park dedication required and school impact fees will be required for the homes at the time of building permit issuance. 2. Conformance of the proposed subdivision to the general purposes of the Comprehensive Plan. The Comprehensive Plan illustrates the subject site to be appropriate for single family uses. The plat will provide for an 18 lot single family subdivision and therefore is consistent with the Comprehensive Plan. -------------- Resolution 3437 March 7, 2002 Page 4 3. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans which have been adopted by the City Council. The plat lies within the shorelines of the Green River. A shoreline's management permit is required and the plat is consistent with the City's shoreline program. 4. Conformance of the proposed subdivision #o the general purposes of the Land Division Ordinance as enumerated in Section 17.02:030. The plat is consistent with Section 17.02.030 in that the plat promotes the I effective use of the land; facilitates adequate provision of water, sewer, drainage, and other public requirements; provides proper ingress and egress; and, provides for the housing needs of the community; 5. Conformance of the proposed subdivision to the Auburn Zoning Ordinance � and any other applicable planning or engineering standards and specifications as adopted by the City. The plat is consistent with or is capable of being consistent with the City's Design and Construction standards regarding the public infrastrucfure improvements required forthe plat. 6. The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the envirqnment. A Mitigated Determination of Non-Significance (MDNS) was issued on 1-28- 02 that contains 8 conditions of approval that involve geotechnical issues, grading activities, storm drainage, landscaping, cultural and historical issues, and sanitary sewer. DECISIQN For each of the above reasons, the recommendation of the Hearing Examiner to the Aubu�n City Council on this preliminary plat application is approval, subject fo the following conditions: 1. Prior to the issuance of grading or construction permits, the applieant shall submit a professionally prepared landscaping plan for review and approval by the Planning Director providing for: -------------- Resolution 3437 March 7,2002 Page 5 Along both sides of the street and including the cul-de-sac there shall be planted deciduous trees that are a minimum of two inches in caliper at the time of planting. The trees shall be located within the first 20 feet of the lots. The linear spacing of trees shall be an average of 25 feet and the trees shall not conflict with utilities or driveways. The trees shall be planted prior to final plat approval. As an alternative a performance bond or similar financial guarantee may be posted prior to final plat approval guaranteeing the planting of the trees. The amount of the I bond shall be for 125% of the cost to plant the trees. If a bond is posted the trees shall then be planted prior to the certificate of occupancy of the home/lot the tree(s) is planted on. All trees shall, however, be planted within three years of Final Plat approval. Prior to the performance bond being released, a maintenance bond or similar financial guarantee, in the amount that is no less than 50% of the original performance bond, must be provided. The maintenance guarantee shall ensure the newly planted trees will survive fo� two (2) years following planfing and that any dead or unhealthy trees shall be promptly replaced. 2. The Final Plat and any restrictive covenants shall contain language that: 1) the individual homeowner is responsible for the perpetual maintenance and retention of the tree(s) #hat may be on the ihdividual homeowner's lot; and 2) removal or replacement of the trees as required by this condifion is only allowed if there is a public health or safety concern documented by an arborist. Any tree removal or replacement shall be granted by prior approval in writing by the City of Auburn Planning Director. 3. The preliminary plat is only valid subject to the approval of the rezone (REZ00-0007), the approval of troth variances (VAR01-0003 and VAR01- 0004), and the shorelines permit (SHR01-0001). � 4. Prior to or concurrent with the approval of the final plat, a Homeowners Association must be established and meet the requirements of Section 18.48.140(D) of the Zoning Code. 5. The preliminary plat illustrates an adjoining well protection easement that encumbers lots 16, 17 and 18. Prior to issuing building permits for these lots, the applicant shall provide evidence safisfactory to the City's Building Official that the easement has been vacated or evidenee that the issuance of building permits on these lots will not adversely affect the well protection easement. Resolution 3437 March 7, 2002 Page 6 6. The public street improvements required of the adjacent 100th Avenue SE shall be consistent with the drawing prepared by Heath and Associates and labeled by the City as "100th Avenue improvements." The applicant shall also provide a 28-foot width of paved surface, curb, gutter, storm drainage improvements, a 5=foot sidewalk, a 5=foot landscape strip and illumination on the west side of 100th Avenue SE from SE 304th Place to fhe south boundary of the plat. The applicant shall work with the City's development engineering and traffic engineering staff to ensure that an appropriate transition occurs from these new street improvements to the existing street improvements on 100t" Avenue SE. This may include adequate taper lengths and traffic control devices to be in place per the Gity's design and construction sfandards. The design and construction of the improvements to 100t" Avenue SE shall be to the satisfaction of the City Engineer for the City of Auburn. NOW, THEREFORE, THE CiTY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section_ 1. The a6ove cited Hearing Examiner's, Conclusions and Deeision are herewith approved and incorporated in this Resolution. Section 2. The Preliminary Plat for a 3.58-acre 18-lot single-family subdivision, wifhin the City of Auburn, legally described in Exhibit "A" attached hereto and incorporated herein by this reference, is hereby approved. Section 3. The Mayor is hereby authorized to implement sueh administrative procedures as may be necessary to carry out the directives of this legislation. Resolution 3437 March 7, 2002 Page 7 � DATED and SIGNED this day of March, 2002. CITY OF A URN ..� _ __ - - --- - __ PETER B. LEWIS _ _ MAYOR ATTEST: , � Da "elle E, Daskam, City Clerk APPRO =D AS TO FORM: Daniel B: Fieid, City Attomey -------------- Resolution 3437 Marc.h 7, 2002 Page 8 f LEGAL DESCRIPTION THAT PORTION OF THE NORTHEAST QUARTER OF'THE NORTFffAST QUARTER OF SECTION 7, TOWNSF3IP 21 NORTH, ItANG� S EAST OF TT� WIIrI.AMETTE MERIDIA�Y, 1N TI� CITY OF ALTBURN,K3NG COUNTY�WASHIl�tGTON,DESCRIBED AS FOLLOWS: BEGINrTING AT TI� ENCASED MONU1v�NT MARK.Il�1G TF� NORTfffAST CORNER OF SAID SECTION 7 FROM WHICH AN ENCASID STREET CENTERLINE MON�MENT MARKIldG TFiE EAST LINE OF SAID SECTION 7 BEARS SO[TTH 00°00'00"WEST, 133.90 FEET;TT�NCE ALONG?HE EAST LINE OF SAID SECTTON 7 SOLTTH 00°00'00" WEST, 25.00 FEET; TI�NCE NORIH 90°00'00" WEST, 25.06 FEET;T��NCE SOtTIH 45°04'00"WEST,6.98 FEET TO THE WEST NipRGI�i I OF 100�AVENUE . SOUTHEAST;TI�NCE ALONG SAID WEST MARGIN SOLTIH 00°00'00"WEST,221.00 FEET TO TSE SOUTH LINE OF TFIE NORTH 246.00 FEET OF SAID SEGTION 7;THENCE ALONG SAID SOUTEi LINE NORTH 89°52'04" WEST, 191.78 FEET; TF�NCE NORTH 43°19'S8" WES?, 24.70 FEET TO THE NORTHWESTERI:Y I.INE OF LOT A OF KING COUN7Y LOI' LINE ADNSTMEN�' NUMBER L93L0190;TF�NCE ALONG SAID NORTHWES'TERLY LINE SO[TTH 43°04'00"WEST, I94.25 FEET TO TI� NORTHERLY M�IRQIN OF aREEN RNER ROAD; TI�NCE ALONG SAID NORTF�RLY MARGIN NOitTH 44°18'08"WES7,236.49 FEET?O A CURVE Ti�R,ADNS POINT OF WHICfi BEARS NORTH 45°41'S2"EAS'T,690.00 FEET,•Tf�NCE NORTHWESTERLY ALONG SAID CtTRVE THItOUGH A CENTRAL ANGI:E OF 20°22'44"AN ARC LENGTH OF 245.42 FEET TO T'F�NORTH LIYE OF SAID SECITON 7; THENCE ALONG SAID NORTH LINE SOUTH 89°52'00" EAST, 672.75 FEET TO TF� POIN?OF BEGINNII�IG. CONTAINIIIG 3.58 ACRES,MORE OR LESS. Resolution 3437 Exhibit "A''