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HomeMy WebLinkAbout4053i 2 3 4 5 6 7 8 9 10 11 12 I 13 14 15 ', 16 �� 17 18 19 20 2 ]. 22 23 24 ! 25 26 27 2$ 29 30 31 32 ORDINANCE N0. 4 0 5 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AND ADDING SECTIONS TO AUBURN CODIFIED CITY ORDINANCE TITLE 17 LAND DIVISIONS. WHEREAS, on April 15, 1985, the City Council of the City of Auburn, 4Jashington, adopted Ordinance No. 4048 establishing the Hearing Examiner System; and WHEREAS, in order to implement the Hearing Examiner System it is necessary to make adjustments to Title 17 "Land Divisions". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 17.09.050 of the Codified Ordinances of the City of Auburn is hereby amended to read as follows, to-wit: "17.09.050 Appeal of Director's Decision. An aggrieved person may appeal the Director's decision on a lot line ad justment to the ((£-�p--E����;�-; )) Heari ng Exami ner, ((� ; �,�„ ;,.,, �a�,,,,�+,, �„+;,.e_ � procedures s�T,—g-T �j�) i n accordance wi th __ prescribed in Chapter 18.06 of the Auburn City Code. ((����'�T , -��a• r F, + T�� .,., .� r,.��,,,.;i �ti�ii ►.o �;��i ,�� a,-T,gs �,—,��--�-„�dee-�s-i�-Q,--t�-i� The Hearing Examiner's decision shall be final unless appealed to the City Council as prescribed in Section 18.06.160 of the Auburn City Code." Section 2. There is herewith added a new Section 17.10.155 Hearing Examiner to the Codified Ordinances of the City of Auburn, which shall read as follows, to-wit: "17.10.155 Nearing Examiner. "Hearinq Examiner" means the City of Auburn Hearing Examiner as established by Chapter 18.06 of the Auburn City Code." ----------------------------- Ordinance No. 4053 Page One 5/13/85 � 1 II 2 II 3 4 5 6 7 8 �ll 10 11 12 13 I' 14 15 16 17 ' 18 1.9 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 3. Section 17.12.030(A) Notice of Planning Commission Public Hearing of the Codified Ordinances of the City of Auburn, is hereby amended to� read as follows, to-wit: "17.12.030 Notice of (( )) Hearing Examiner Public Hear�n9 A. Upon receipt of a complete application for preliminary plat approval,l, the Director shall set a date for a public hearing to be held before t h e ((°�—���;�-�.�-���—�#e—�s�+� s-s � e n=� )) H e a r i n g E x a m i n e r a t his/her next regular meeting for which adequate notice can be given." Section 4. Section 17.12.040 Administrative Review of a Proposed Preliminary Plat of the Codified Ordinances of the City of Auburn, is hereby amended to read as follows, to-wit: "17.12.040 Administrative Review of a Proposed Preli�ninary Plat A. The Director shall forward to the City Engineer, one copy of the pro- posed preliminary plat, together with copies of any appropriate accompanying documents. The City Engineer shall prepare a report as to the adequacy of the proposed means of sewage disposal and water supply; the conformance of the proposal to any plans, policies or regulations pertaining to streets, storm drainage or utilities; and regarding any other issues related to the interests and respon- sibilities of the City Engineer and the Department of Public Works. This report shall be submitted to the Planning Director for transmit- tal to the (( )) Hearing Examiner prior to the sche duled public hearing. The terms of a recommendation for approval submitted to the (( )) Hearing Examiner under this subsection shall not be modified by the Director of Public Works or the City Engineer without the consent of the applicant. B. The Director shall solicit the comments of any other appropriate City department, local utility provider, local school district, and any other appropriate public or private entity, concerning the proposed ----------------------------- Ordinance No. 4053 Page Twc 5/13/85 � 1 il 2 3 4 5 6 7 C:�I 9 IO li 12 13 14 15 16 17 18 19 20 21 22 '� 23 24 25 26 2"7 28 i 29 30 31 � 32 C. subdivision. Comments received in a timely manner, as well as any written comments received in response to a notice of public hearing, shall either be transmitted to the (( )) Hearin9 Examiner or incorporated into a report prepared by the Director and submitted to the (( )) Hearing Examiner, prior to the scheduled public hearing. The Director shall ensure that, to the extent possible, the prelimi- nary plat will be processed simultaneously with other approvals related to the subject property." Section 5. Section 17.12.050 Public Hearing on a Proposed Preliminary Plat of the Codified Ordinances of the City of Auburn, is hereby amended to read as follows, to-wit: "17.12.050 Public Hearing on a Proposed Preliminary Plat The (( )) Hearing Examiner shall conduct a public hearing on every application for preliminary plat approval. Every hearing held for the purposes of this Chapter shall be open to the public, and a record of the hearing shall be kept and made available for public inspec- tion, A public hearing held under this Chapter shall not be continued beyond the originally scheduled date of public hearing unless the appli- cant consents, in writing, to an extension of the time period allowed for a decision under RCW 58.17.140." Section 6. Section 17.12.060 Planning Commission Review of a Proposed Preliminary Plat of the Codified Ordinances of the City of Auburn, is hereby amended to read as follows, to-wit: "17.12.060 (( ))Hearin Examiner Review of a Proposed -PreTim�narv P at In reviewing a proposed preliminary plat, the (( )} Hearing Examiner shall consider the following: A. Conformance of the proposed subdivision to the general purposes of the Comprehensive Plan; and ----------------------------- Ordinance No. 4053 Page Three 5/13/85 0 N7 10 11 12 13 14 15 ��, 16 17 '' 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 B. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans which have been adopted by the City Council; and C. Conformance of the proposed subdivision to the general purposes of this Title, as enumerated in Section 17.02.030; and D. Conformance of the proposed subdivision to the Auburn Zoning Ordinance and any other applicable plannin� or engineering standards and specifications as adopted by the City; and E. The availability of utilities and other public services necessary to serve the needs of the proposed subdivision, and F. The potential environmental impacts of the proposed subdivision, together with any practical means of mitigating adverse impacts; and G. The written and oral comments of citizens, public agencies and others submitted to the (( )) Hearing Examiner." Section 7. Section 17.12.070 Planning Commission Recommendation of the Codified Ordinances of the City of Auburn, is hereby amended to read as follows, to-wit: "17.12.070 (( )) Hearing Examiner Recommendation Following the conclusions of a public hearing held under this Chapter, the (( )) Hearing Examiner shall (( ^" �—� ���������-)) make his/her recommendation to the City Council. Such recommendati on shal 1 be ((a�e�) ) made ((a�,—��—�„��da-�e--�s—L-r:. �-ec�)) within ten (10) days of the public hearing((;)). �� � , . . .)) The (( ')) Hearing Examiner's recommendation shall be for approval, denial, or approval with conditions, and shall include appropriate findings of fact and conclusions to support the recommen- dation. The (( )) Hearing Examiner shall not recommend approval of the proposed subdivision unless ((�)) he/she makes a formal finding that the proposed subdivision is in conformity with the Auburn Zoning Ordinance, this Title, and, any other applicable land use controls." Section 8. Section 17.12.080 City Council Public Hearing to be Scheduled of the Codified Ordinances of the City of Auburn, is hereby amended to read as follows, to-wit: ----------------------------- Ordinance No. 4053 Page Four 5/13/85 � i�l 2 3 4 5 6 7 8 9 10 li 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 I 31 I 32 0 "17.12.080 City Council ((�tt�}����r)) Meetinq to be Scheduled A. The Planning Director shall transmit to the Council, in writing, the fi ndi ngs, concl usi ons and recommendati ons of the ((�Rl-a-�a-►�g £-e�ri-s-s-�-e�) ) Heari ng Exami ner regardi ng a proposed prel imi nary pl at, together with a copy of the report prepared by the City Engineer under Section 17.12.040, along with any requests for a hearing before the City Council, not later than fourteen days following the ((rnmmi��;,...���� Hearing Examiner's action. Upon receipt of the ii ')) Hearing Examiner's recommendation, the City Council shal l at its next publ i c meeti ng ((J^�t-�e-�-�e f^�^ �^��", ;^ �r ) ) tentati vel y approve, ( (�e3�ec--� ii1:�' - - - - ' -- --- ----- , or schedule a public hearing on the proposed prelimi- nary plat. The Council must conduct a public hearing if they receive an appeal of the Hearing Examiner's decision or the Council modifies or reverses the recommendation of the Hearing Examiner. �.�.:... �:���...�:�.....�:�:.:..,.�:�:.�.�...�:_:.:�.._.:��,:_:.�:._��u, - :.. - : -- : - - :- .-.;-; - ; ; - - ; - - - Section 9. Section 17.12.090 City Council Decision on Proposed Preliminary Plat of the Codified Ordinances of the City of Auburn, is hereby amended to read as follows, to-wit: "17.12.090 City Council Decision on Proposed Preliminary Plat A. In its deliberations on a proposed preliminary plat, the Council shall consider, but shall not be bound by, the findings, conclusions and recommendations of the (( ,)) Hearing Examiner, ----------------------------- Ordinance No. 4053 Page Five �5/13/85 1 II 2 3 4 5 6 7 12 13 14 15 16 I 17 I 18 19 20 21 22 II 231 24 25 26 27 I 28 I 29 ' 30 ' 31 � 32 f and all testimony and other evidence presented during the Council public hearing if required. The Council shall also consider the phy- sical characteristics of the proposed subdivision site and the poten- tial environmental impacts of the proposed subdivision, together with any practical means of mitigating adverse impacts, consistent with the policies and requirements of the State Environmental Policy Act. The Council shall approve the preliminary plat if it finds that the subdivision, as refined by appropriate conditions, wiTl: 1. Make adequate provisions 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 schoolgrounds; and 2. Serve the public use and interest; and 3. Be in conformance with the Auburn Zoning Ordinance, this Title, any other applicable City land use controls, Chapter 58.17 RCW, and any other applicable state law; and 4. Not have an unacceptable adverse effect upon the quality of the environment. B. The Council may disapprove a proposed subdivision because of flood, inundation or swamp condition if the Council finds that such con- dition poses a threat to the public health, safety or general welfare. Where any portion of the proposed subdivision lies within both a flood control zone as specified by Chapter 18.16 R.C.W, and either the one percent flood hazard area or the regulatory floodway, the Council shall not approve the preliminary plat unless it imposes a condition requiring the subdivider to obtain a State Flood Control Zone Permit from the Washington State Department of Ecoloyy. In such cases, no development permit associated with the proposed subdivision shall be issued by the City until a Flood Control Zone Permit has been obtained. C. The Council may require the dedication of land to any public body, the construction of improvements to protect against flooding or inun- dation, and may impose any other lawful conditions, as conditions of ----------------------------- Ordinance No. 4053 Page Six 5/13/85 � a 1 II 2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 I 18 19 20 21 22 231 24 25 26 27 28 29 30 31 32 � subdivision approval. Where dedication of land for park and recreation purposes is required, the Council shall be guided by the policies and recommended standards of the Auburn Park and Recreation Plan. It is the policy of the City to require park land dedication where a proposed subdivision will result in a substantial increase in demand for park land. Generally, this will occur where a subdivision will result in the creation of lots capabie of supporting fifty (50) or more residential dwelling units; however, where it is determined that the proposed subdivision, together with any reasonably anticipated future development on adjacent or nearby land, will act in a cumula- tive manner to substantially increase demand for park land, dedica- tion may be required of smaller subdivisions. The acceptability of the size, configuration and location of land proposed for park dedi cation shall be determined by the City Council in consultation with the (( )) Hearing Examiner based upon such factors as topography, drainage, natural amenities and access. After considering the preliminary plat, the Council may tentatively approve, tentatively approve with conditions, reject or return the plat to the applicant for corrections or modifications. When ((�#e)) the Council ((�)) makes its tentative decision on the (( ' )) �reliminary plat it ((a�)) shall instruct the City Attorney to prepare a resolu- tion reflecting its tentative decision for final consideration at the Council's next regular meeting, ((e�-�a;?—�e�� �k�e-�� � � . . .)) A resolu- tion prepared under this subsection shall include formal findings of fact and conclusions supporting the decision. If the decision is for '�Jrdinance No. 4053 Page Seven 5/13/85 � G 11 2 3, 4 5 6 7 8 9I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31', 32I 0 approval or approval with conditions, the findings shall affirm that the subdivision conforms with all applicable City land use regula- tions. If the decision is for appr.oval with conditions, the con- ditions shall be specified in the resolution. Section 10. Section 17.30.060 Appeal of Planning Director's Decision of the Codified Ordinances of the City of Auburn, is hereby amended to read as follows, to-wit: "17.30.060 Appeal of Planninq Director's Decision. Any person aggrieved by the decision of the Planning Director may request a revi ew of the deci si on by the ( ��a-i�-a-�-) ) Heari ng Examiner. ((�c-b ���s-��s� �,o .��a„ ;., ,.,�;+;�„ ,.,;+�;., +�„ ,.,,,��;.,,, � .)) After public hearing thereon, the ((�e-�-1-)) Hearing Examiner may approve, disapprove or return the short plat to the applicant for modification, correction, construction of improvements, or meeting conditions of appro- val . The Hearing Examiner's decision shall be final unless appealed to the City Council as prescribed in Section 18.06.160 of the Auburn City Code." Section 11. Section 17.32,040 Access of the Codified Ordinances of the City of Auburn, is hereby amended to read as follows, to-wit: "17.32.040 Access. A. All short subdivisions shall border on an opened, constructed and maintained public street. All lots within a short subdivision shall either border on an opened, constructed and maintained public street Ordinance No. 4053 Page Eight 5/13/85 0 ll B. 7 8 9 10 11 12 13 14 15 16 I 17 I 18 19 �I 20 21 22 23 24 II 25 ' 26 27 28 29 30 � 31 32 II 0 or shall be served by a private street, access easement or panhandle having direct access to such a public street. Where private streets and access easements are provided, they shall be improved or guaranteed to the standards considered appropriate to the situation by the City Engineer, but in all cases shall be paved to a minimum depth of two (2) inches and a minimum width of twenty (20) feet. Dedication of a public street or streets shall be required, and a proposed short subdivision shall be processed as a formal sub- division, whenever the Planning Director finds that one or more of the following conditions applies: 1. The general alignment of a proposed private street, access ease- ment or panhandle follows the general alignment of a future arterial recommended by the Traffic Circulation Element of the Comprehensive Plan; or 2. The general alignment of a proposed private street, access ease- ment or panhandle can be reasonably modified to provide a desirable through connection between two or more existing or planned public streets or art�rials; or 3. A public street would be necessary to provide adequate access to adjacent property not subject to the proposed short subdivision. C. Al1 private streets, access easements and panhandles shall be capable of ineeting the fire access requirements of Chapter ((��E'i)) 13,16 of this Code, in addition to any other requirements of this Title, ((�1-1- �_.. ..���+ .. .. � .. , , �, „—�r+� �eTe �—�s d i� e s � e�-,� �#�.�—Q;� R^�;- r�� � ) ) including but not limited to: all-weather surface material where not � otherwise required to be paved, and minimum turnaround requirements on dead-end streets or access easements as specified by the Fire Department. A private street, access easement or panhandle providing access to one or more commercial or industrial lots shall be a minimum of thirty (30) feet wide, PROVIDED, that the Planning Director may require such access to be up to sixty (60) feet wide upon finding that such greater width is necessary to provide for adequate access and circulation. ----------------------------- Ordinance No. 4053 Paye I�-i ne 5/13%85 �� 11 2 3 4 5 6 7 8 9 10 li 12 II 13 'I 14 15 16 17 �I 19 20 21 il 22 23 i 24 ��� 25 ' 26 27 �I 29 I 30 31 32 0 E. A private street, access easement or panhandle serving one or more resi denti al 1 ots capabl e of supporti ng more than ((#'et�-{-4}) ) one (1) but fewer than twenty-five (25) dwelling units in the aggregate, under the zoning requirements in effect on the date of short plat approval, shall be a minimum of thirty (30) feet wide, except that where more than one (1) such access way is provided to such lot or lots, the minimum width of each shall be twenty (20) feet, F. A private street, access easement or panhandle serving one or more residential lots capable of supporting twenty-five or more dwelling units in the aggregate, under the zoning requirements in effect on the date of short plat approval, shall be a minimum of fifty (50) feet wide, except that where more than one (1) such access way is provided to such lot or lots, the minimum width of each shall be thirty (30) feet. G. The maximum number of lots to be served by a private street or access easement shall be four (4)." Section 12. Section 17.10.180 Lot of the Codified Ordinances of the City of Auburn, is hereby amended to read as follows, to-wit: "17.10.180 Lot. "Lot" means an area of land under single or common ownership, defined by fixed and definite boundaries, which has been created by any of the various land division methods for the purpose of lease, sale or transfer of ownership and/or for the purpose of separate taxation. The term shall include tracts or parcels: but shall exclude those tracts or parcels set aside_for dedication to the City including but not limited to storm drainage retention/detention and conveyance facilities, vegetation reten- tion, parks or access roads; and/or any other purpose to support the infrastructure necessary to serve the subdivision, ----------------------------- Ordinance No. 4053 Page Ten 5/13/85 w s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 , 24 25 26 27 28 29 30 31 32 0 Section 13. The Mayor is hereby authorized to implement such administra- tive procedures as may be necessary to carry out the directions of this legislation. Section 14. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: h1AY 20, 1985 PASSED: MAY 20 � 1985 APPROVED: 20 9$5 a r �✓ 4 '''yy+J //',�ln � �1...�.. �vV� , Y 0 R ATTEST: �..- j. ��`2��,� � ' � ` ��:yG '- City C rk APPROVED AS TO FORM: � ,.� � �,, City Attorney PUBLISHED: ��AY 2�, 1985 ----------------------------------- Ordinance No. 4053 IPage El�ven 5/13/85