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HomeMy WebLinkAboutSpecial 2003-05-27 Item 2A - Presentation - Findings of Fact and Conclusions for Cascade Glen SubdivisionMeeting Date 05 -05 -03 05 -19 -03 05 -27 -03 CAS Number: 03-062 I Original Agenda Date: 05 -05 -03 Agenda Item Title: Final Plat Approval Cascade Glen Subdivision Original Sponsor: I Timeline: Sponsor's Summary: Council Recommendations: Sponsor: Final Plat Approval Committee: Administration: Same as sponsor. I Cost Impact (if known): Unknown I Fund Source (if known): Unknown 1 07 -17 -2000 05 -05 -03 05 19 03 05 05 03 05 -19 -03 05 -27 -03 Initials Prepared kit._ 1 Mayor's review 1 Council review CPL c3 I £A-tt. 1 I RHB for CPLI I I P14 1 L G'. 1 Admin. Department of Community Development ITEMNO. Special Meeting a The applicant is requesting City Council approval of the final plat for the Cascade Glen Subdivision, subdividing two parcels totaling 6.78 acres into twenty single family lots, including one public street, stormwater detention pond, sidewalks and utilities. 'Preliminary Plat Approval Tukwila Subdivision (Now known as Cascade Glen) 1 Public Hearing Held. Record remains open for receipt of additional infor- I mation from staff and would -be homeowners. Matter continued to 05- 19 -03. 'Public hearing concluded. Council voted to remove condition #4 from Prelim. 1 NOTEBOOK PREVIOUSLY DISTRIBUTED TO COUNCIL AND STAFF FOR I CASCADE GLEN SUBDIVISION FINAL PLAT APPROVAL (APRIL 25, 2003) None. COUNCIL STAFF TO BRING NOTEBOOK PREVIOUSLY DISTRIBUTED. Supplement to Staff Report Prepared May 9, 2003 (includes [new] Attachment n Supplement to Staff Report Prenarer3 Mav 21- 2003 (includes Findings of F'ac1 Conclusions of Law and related motion to adopt same. City of Tukwila Department of Community Development Steve Lancaster, Director SUPPLEMENT TO STAFF REPORT TO THE TUKWILA CITY COUNCIL Prepared May 21, 2003 FILE NUMBER: L03 -008 Cascade Glen Final Plat ASSOCIATED FILES: L99 -0023 Planned Residential Development L99 -0024 Subdivision Preliminary Plat E99 -0012 SEPA Environmental Review MI200 -278 Land Altering Permit (road utilities) APPLICANT: J. Keirouz, Dreamcatcher Homes REQUEST: STAFF CONTACT: City Council approval of the final plat for the Cascade Glen Subdivision, to subdivide two parcels totaling 6.78 acres into 20 single family lots, including one public street, sidewalks, utilities and pedestrian connection to 38 Avenue South. Carol Lumb, Senior Planner PUBLIC HEARING TESTIMONY /COUNCIL DIRECTION TO STAFF TO, PREPARE FINDINGS AND CONCLUSIONS Testimony was presented at the public hearings on both May 5, 2003 and May 19, 2003 on the proposed pedestrian pathway connecting the Cascade Glen subdivision with 38 Avenue South. A condition of the preliminary plat approval required the construction of the pathway and that it be constructed with concrete. From this testimony, new information emerged that was not presented at the preliminary plat hearing on July 17, 2000. The testimony presented on May 5 and 19` concerned the safety of linking a pedestrian path to a street that does not have sidewalks or street lights The pedestrian pathway is granted through an easement that is also used by several property owners for access to their property. These property owners also raised concerns about the safety of cars and trucks backing over a pathway that would be used by pedestrians, bicyclists etc. Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206- 431 -3670 Fax: 206 431 -3665 Cascade Glen Final Plat Supplemental Staff Report May 21, 2003 The applicant provided a revised plan for addressing surface water runoff on the property on which the pedestrian path is to be located if that condition is removed. This plan was presented at the hearing on May 19, 2003 as Attachment P. The applicant will slope the area where the pedestrian pathway was to be located 1% to the west and re- hydroseed the area to divert any surface water runoff away from the adjacent property (13264 38 Avenue South). As a result of this new information, staff was requested by a majority vote of the Council on May 19, 2003, to prepare findings and conclusions to support the elimination of Condition 4 of the preliminary plat, which required the entire pedestrian path connecting the subdivision with 38 Avenue South to be concrete. The City Council adopts the findings set forth in the original staff report dated April 24, 2003, and the May 9, 2003 and May 21, 2003 Supplemental Staff Reports as the Council's Findings. Further Council finds that with respect to Condition #4, that new information not available to the Council at the preliminary plat approval hearing came to light during testimony presented at the May 5, 2003 and May 19, 2003 public hearings. The Council finds that there are issues of safety identified during the testimony related to connecting the pedestrian path to a street without sidewalks or street lighting. The Council also finds there are issues of safety related to the access easements granted to certain property owners that cross over the pedestrian pathway. These findings support removal of Condition #4. Council finds that surface water run -off will be adequately addressed through the applicant's plan presented at the May 19, 2003 hearing. c:\mydocs \Cascade GlenTinal Plat\ Supplemental Staffrtp2.doc FINDINGS CONCLUSIONS The Final Plat is approved with the following modification: As stated at the hearing on May 5, 2003, the Council cannot add new conditions in its approval of a final plat, but it may remove a preliminary plat condition if it finds changed circumstances or substantive new information is made available that was not presented at the preliminary plat hearing. Based on the original staff report dated April 24, 2003, the two supplemental staff reports dated May 9, 2003 and May 21, 2003 and the new information that came forward at the public hearings on May 5, 2003 and May 19, 2003, the requirement for the pedestrian pathway linking the subdivision with 38 Avenue south should be deleted due safety considerations: the lack of a connecting sidewalk system on 38 Avenue South, the lack of street lighting on 38 Avenue South and the hazards of vehicles crossing the pedestrian pathway in the course of accessing adjacent private property. 2 Cascade Glen Final Plat Supplemental Staff Report May 21, 2003 CITY COUNCIL ACTION An appropriate motion to approve the Cascade Glen subdivision and eliminate Condition #4 would be as follows: I move the approval of the final plat for the Cascade Glen subdivision together with the amendment to remove Condition #4 requiring the pedestrian pathway based on the findings of facts and conclusions in the original staff report dated April 24, 2003 together with the Supplemental Staff Reports dated May 9, 2003 and May 21, 2003 and the new information presented at the public hearings on May 5, 2003 and May 19, 2003. c:\mydocs \Cascade GlenWinal Plat\Supplemental Staffrtp2.doc 3