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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
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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
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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
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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
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"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
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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
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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
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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
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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
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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
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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
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ATTEST:
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City C rk
APPROVED AS TO FORM:
� ,.�
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City Attorney
PUBLISHED: ��AY 2�, 1985
-----------------------------------
Ordinance No. 4053
IPage El�ven
5/13/85