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Home My WebLink AboutRes 1395 - Bergstrom Preliminary Plat Application and Findings and Conclusions 14t o i k,-, C ity of Tukwila Washington Resolution No. /c ?5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, TO APPROVE AN APPLICATION FOR THE BERGSTROM PRELIMINARY PLAT AND ADOPTING FINDINGS AND CONCLUSIONS. WHEREAS, Michael Bergstrom has requested that the City of Tukwila approve a preliminary plat for 20 single family lots, subdivision common areas and associated streets, pedestrian paths and utilities; and WHEREAS, a SEPA Determination of Nonsignificance was issued on October 29, 1997; and WHEREAS the City mailed notice of application, public meeting and public hearing to residents and property owners within 500 feet of the subject site. The applicant erected "notice boards" on the east and west property boundaries. The City advertised the hearings with The Seattle Times and distributed notice of hearing to the school districts, the Community Center, libraries, and community papers; and WHEREAS, the City Council received significant testimony at the November 17, 1997 hearing regarding the negative consequences of the circulation system of the proposed subdivision on adjacent neighbors and property; and WHEREAS, the City Council directed the applicant to prepare alternative designs and bring them back to the Council for their review; and WHEREAS, the City Council held a second public hearing on December 15, 1997 on alternative designs for subdividing the property at which the surrounding property owners favored the S. 150 Street cul -de -sac design; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Findings. 1. The subject site separates and is along the edge of two different types of neighborhoods. One is a secluded detached housing neighborhood on a dead end street. The other is an attached housing neighborhood and detached housing area along a collector arterial. 2. The proposed subdivision's circulation system would have connected the streets between these two areas and resulted in perceived and potential negative public safety effects on the secluded single family area. 3. The originally proposed subdivision and its street extensions would have resulted in increased traffic volume and relocated vehicular trips within the neighborhood and these effects would have been negative on the properties immediately adjacent to the subject site. 4. The Tukwila Municipal Code, Subdivision Chapter (TMC 17), requires connection of existing streets unless otherwise approved by the Department of Public Works and authorized by the City Council in approval of the plat (TMC 17.20.050(A.). 5. The City Council, after consideration of the public testimony received at the City's two public hearings, chose an alternative subdivision design with one public right -of -way as the preferred alternative. The alternative would provide one public right -of -way that extends S. 150 Street east into the subject site. The Department of Public Works concurs. 6. In order to approve the preferred alternative the City Council must grant the applicant exceptions from the Subdivision standards. Specifically: the Private Access Road Standard (TMC 17.24.030(4,) is 30 feet and proposed Tract C is 20 feet and Tract B is 24 feet; and S. 150 Street and S. 150 Place exceed the cul -de -sac maximum length standard of 600 feet (TMC 17.24.040(B)(2)) by 260 feet and 1,290 feet respectively. 7. The applicant will record with the final plat "Declaration and Covenants, Conditions, Restrictions and Reservations of the Bergstrom Subdivision" that specify that a homeowner's association will be responsible for maintenance of the vegetation within the right -of way of S. 150 Street, and within tracts A, B and C, and specify which lot owners are responsible for maintenance of the improvements within tracts B and C. Section 2. Conclusions. 1. There are special physical circumstances affecting the subject property such that the strict application of the provisions of this code would deprive the applicant of the development of the subject site. Specifically, in light of the City Council's policy decision to not allow a through street connection, there is no reasonable access alternatives that would meet the 600 foot cul -de -sac standard. Additionally, strict compliance with the 30 -foot private access road standard would unnecessarily result in the loss of a residential lot. 2. The exception is necessary to ensure the applicant enjoys property rights and privileges enjoyed by other property owners in the vicinity. Approval of the alternative design allows the applicant to continue the pattern of cul -de -sacs that exists in the area's vicinity and minimize the cost of public improvements required of the applicant. 3. Granting the exceptions will not be detrimental to the public welfare or injurious to other property in the vicinity. The alternative plan ensures that pedestrian circulation enhances access to off -site destinations and increases the number of lots from 20 to 21. Section 3. Authorization to proceed with improvements and final plat. 1. The City Council directs the applicant to develop construction plans and specifications for all facilities and improvements in conformance with the attached plan and to prepare a final plat. 2. The approval of this preliminary plat shall become null and void five years from the effective date of this resolution. 3. Access to lots 18 and 19 can be from either S. 150 Street or the provided easement and access tract and these lots are corner lots for setback purposes. However, the "fronts" of the houses on these two lots shall be S. 150 Street in order to create and maintain a continuous and harmonious streetscape along S. 150 Street. 4. Surface and landscape materials used in the tracts shall be subject to the approval of the City. PASSED BY THE C T COUNCIL F THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this --a day of 1998. Pamela Linder, Council President ATTEST /AUTHENTICATED: 6J 1e E. 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