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HomeMy WebLinkAbout5140 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 ORDINANCE NO. 5 1 4 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CERTAIN SECTIONS OF TITLE 17 ENTITLED ~SUBDIVISIONS", SPECIFICALLY CHAPTER 17.06 ENTITLED "PRELIMINARY PLAT", IN ORDER TO IMPLEMENT THE PLANNED UNIT DEVELOPMENT (PUD) ORDINANCE. WHEREAS, in order to implement the Planned Unit Development (PUD) Ordinance, minor changes must be made to the Land Division Ordinance regarding preliminary plats that involve a PUD. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Title 17 entitled "Subdivisions" of the Auburn City Code, specifically Chapter 17.06 entitled "Preliminary Plat", is hereby amended as set forth in the attached Exhibit "A" which is by this reference made a part hereof as though fully set forth herein. Section 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the provisions adopted herein, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect tile remaining provisions thereof. Ordinance No. 5140 August 20, 1998 Page 1 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 Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. 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: September 8, 1998 PASSED: ATTEST: September 8, 1998 APPROVED: September 8, 1998 CHARLES A. BOOTH MAYOR Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Published: Ordinance No. 5140 August 20, 1~8 Page 2 Chapter 17.06 PRELIMINARY PLAT Sections: 17.06.010 17.06.020 17.06.030 17.06.040 17.06.050 17.06.060 17,06,070 17.06.080 17. O6. O90 17.06.100 17,06,110 Pro-application conference. Application, submittal and content. Public hearing. Administrative review. Hearing examiner review. City council action. Findings of fact. Notice of decision to applicant. Transfer of property. Adjustments of an approved preliminary plat. Time limitations. t7.06.010 Pre-application conference. Persons considering making application to subdivide land lying within the City of Auburn are encouraged to request that a pre-application conference be held with appropriate City staff. Such request shall be directed to the Planning Director, and upon its receipt the Director shall schedule a conference between the prospective applicant and appropriate City staff. The purpose of a pre-application conference is for the prospective applicant and City staff to gain a common understanding of the nature of the contemplated subdivision and subsequent development, and any procedures, rules, standards and policies which may apply. The prospective applicant is encouraged to bring to the conference whatever information deemed appropriate to help describe the existing nature of the site and its surroundings and the proposed nature of the contemplated subdivision and subsequent development. Such information may include photographs, sketches and maps. The Director or the prospective Exhibit A Ordinance 5140 Page 1 applicant may request that an additional conference or conferences be held to further the purpose of this section, t7.06.020 Application, submittal and contents. A. Application. In addition to the requirements for a completed application as provided in ACC Title 14, application for subdivision approval shall be submitted to the Department of Planning and Community Development, shall be accompanied by applicable fees as established by ordinance and shall include the following: 1. A completed subdivision application form, blank copies of which are available from the Department; 2. A completed environmental checklist form, blank copies of which ar(; available from the Department, unless the Director and the applicant agree that an Environmental Impact Statement must be prepared; 3. One sepia or photo velum reproducible copy and six (6) paper copies of a preliminary plat, prepared according to the provisions of Chapter 17.06 of this Title; 4. Where any lot is proposed to be served by an on-site sewage disposal system, results of preliminary percolation tests for each such proposed lot, conducted under the King County Board of Health rules and regulations. The City Engineer may require that such tests be conducted under high ground water ('winter) conditions; 5. A conceptual utility/site grading plan and/or methodology prepared in accordance with the City's Comprehensive Plans, standards or ordinance requirements. 6.The location of other utilities other than those provided by the City. An application for preliminary plat approval shall be approved, approved with conditions, returned to the applicant for modifications or denied pursuant to the provisions of Chapter 17.06 within ninety (90) days of its receipt by the Department, unless the applicant agrees in writing to an extension of this time period. The Department shall not be considered to be in receipt of an application for preliminary plat approval unless and until such time as the applicatio~ meets the requirements of Section 17.06.020, as determined by the Director. Exhibit A Ordinance 5140 Page 2 B. Preparation. The preliminary plat shall be prepared by a professional engineer or professional land surveyor registered or licensed by the State of Washington. The preparer shall, by placing his or her signature and stamp upon the face of the plat, certify that all information is portrayed accurately and that the proposed subdivision complies with the standards and requirements of this Title, the Auburn Zoning Ordinance and any other applicable land use and development controls. C. Scale and format. The preliminary plat shall be drawn with india ink or other reproducible black ink on mylar. All geographic information portrayed by the preliminary plat shall be accurate, legible, and drawn to an engineering (decimal) scale. The horizontal scale of a preliminary plat shall be one hundred (100) feet or fewer to the inch, except that the location sketch and typical street cross sections may be drawn to any other appropriate scale. A preliminary plat shall be 24 inches by 36 inches in size, and if more than one (1) sheet is needed, each sheet shall be numbered consecutively and an index sheet showing the entire property and orienting the other sheets, at any appropriate scale, shall be provided. D. Preliminary plat contents. A preliminary plat shall provide the following information: 1. General Information: The following information shall appear on each sheet of a preliminary plat: a. The name of the proposed subdivision, together with the words "Preliminary Plat". b. The name and address of the applicant. c. The name, address, stamp and signature of the professional engineer or professional land surveyor who prepared the preliminary plat. d. Numeric scale, graphic scale, true north point and date of pre, paration. e. A form for the endorsement of the Planning Director, as follo~vs: Exhibit A Ordinance 5140 Page 3 APPROVED BY RESOLUTION OF THE CITY COUNCIL ON DATE Director, Planning and Community Development DATE f. Legal description of preliminary plat. Vicinity map: A vicinity map sufficient to define the location and boundaries of the proposed subdivision with respect to surrounding property, streets and other major man-made and natural features shall appear on the preliminary plat. Existing Geographic Features: Except as otherwise specified herein, the following existing geographic features shall be drawn lightly in relation to proposed geographic features: a. The boundaries of the property to be subdivided, and the bo~,ndaries of any adjacent property under the same ownership as the land to be subdivided, to be indicated by bold lines. b. All existing property lines lying within the proposed subdivision which are to be vacated, and all existing property lines lying within one hundred (100) feet of the property to be subdivided or within one hundred (100) feet of property lying adjacent to and under the same ownership as the property to be subdivided. c. The location, right-of-way widths, pavement widths and names of all existing or platted streets, whether public or private, and oth6,r public ways within or adjacent to the proposed subdivision. d. The location, widths and purposes of any existing easements including recording numbers, lying within or adjacent to the proposed subdivision. The location and size of existing sanitary sewer, storm sewer and water lines lying within or adjacent to the proposed subdivision. Exhibit A Ordinance 5140 Page 4 f. The location of existing section and municipal corporation boundary lines lying within or adjacent to the proposed subdivision. g. The location of any well used for domestic water supply existing within the proposed subdivision or within one hundred (100) feet of the boundaries of the proposed subdivision. h. Existing contour lines at intervals of five (5) feet for average slopes exceeding five (5) percent, or at intervals of one (1) foot for average slopes not exceeding five (5) percent. Existing contour lines which will be altered through filling or excavation shall be indicated by broken lines (final contour lines shall be indicated by solid lines, as provided by Subsection 4(f) below). Contour lines shall be labeled at intervals not to exceed twenty (20) feet, and shall be based upon City Datum, e.g. NGVD. i. The location of any existing structures lying within the proposed subdivision. Existing structures to be removed shall be indicated by broken lines, and existing structures not to be removed shall be indicated by solid lines. j. The location of all areas of FEMA flood designations. Proposed Geographic Features: The following proposed geographic features shall be shown: a. The boundaries and approximate dimensions of all proposed lots, and the proposed identifying number or letter to be assigned to each lot and/or block. b. The right of way location and width, the proposed name of each street, alley or other public way to be created and adequate horizontal and vertical street geometrics to ensure compliance with City Standards. c. The location, width and purpose of each easement to be created. d. The boundaries, dimensions and area of public and common park and open space areas. e. Identification of all areas proposed to be dedicated for public use, together with the purpose and any conditions of dedication. Exhibit A Ordinance 5140 Page 5 f. Proposed final contour lines at intervals of five (5) feet for average slopes exceeding five (5) percent, or at intervals of two (2) feet for average slopes not exceeding five (5) percent. Final contours shall be indicated by solid lines (existing contours which are to be altered shall be shown by broken lines, as provided by Subsection 3(h) above). Contour lines shall be labeled at intervals not to exceed twenty (20) feet, shall be based upon City Datum e.g., NGVD, and shall be indicated bylines ,drawn lightly relative to other proposed geographic features. Additional Information: The following additional information shall be shown on the face of the preliminary plat: a. For proposed subdivisions involving residential land uses, a table providing the following information for each distinct residenti;~l area: i. Proposed land use (e.g. single family, duplex, multi-f;~mily). ii. Number of dwelling units. iii. Gross acreage. iv. Existing zoning designation. v. Proposed zoning designation. vi. Approximate area of smallest lot. Proposed source of domestic water supply. Proposed sewage disposal system. Typical street cross section(s). Proposed storm drainage system. For preliminary plats that are related to a PUD the following information shall also be provided. i. The ordinance and contract of the PUD rezone if previously done. ii. The location of perimeter walls and fences on the boundary of the PUD and an indication of the hei,qht and materials. iii. The location and size of any entrance si,qns. iv. A landscapinq plan Any covenants not previously approved. 17.06.030 Public hearing. Exhibit A Ordinance 5140 Page S Upon receipt of a complete application for preliminary plat approval, the Din.~ctor shall tentatively set a date for a public hearing to be held before the Hearing Exa~miner. 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 inspection. A public hearing held under this Chapter shall not be continued beyond the originally scheduled date of public hearing unless the applicant consents, in writing, to an extension of the time period allowed for a decision under RCVV 58.17.140. Any notice of public hearing required by this section shall include the hour and location of the hearing and a description of the property to be subdivided. The description may be in the form of either a vicinity location sketch or a written description other than a legal description. Except as provided in RCW 36.70B.110 at a minimum, the Planning Director shall cause notice of the hearing to be given in the following manner: 1. Notice shall be published not less than ten (10) days prior to the hearing in a newspaper of general circulation within the county where the real property which is proposed to be subdivided is located; 2. Notice shall be published not less than ten (10) days prior to the hearing in a newspaper of general circulation in the area where the real property which is proposed to be subdivided is located; 3. Notice shall be mailed to the owners of real property, as shown by thee records of the County Assessor, located within three hundred (300) feet of any portion of the boundary of the proposed subdivision, provided, that where the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under this subsection shall also be given to owners of recall p~roperty located within three hundred (300) feet of any portion of the boundaries of such adjacently located parcels - five (5) public notices shall also be posted within three hundred (300) feet of the proposal; 4. Where any boundary of the proposed subdivision lies adjacent to or within one (1) mile of the municipal boundaries of any city or town other than the City of Auburn, notice shall be mailed to the appropriate city or town authori'lies; Exhibit A Ordinance 5140 Page 7 Where the proposed subdivision adjoins the municipal boundaries of the City of Auburn, notice shall be mailed to the appropriate county officials; Where the proposed subdivision is located adjacent to the right-of-way of a state highway, notice shall be mailed to the Washington State Departmenl of Transportation; Where the proposed subdivision is located within two (2) miles of a publicly- owned airport, notice shall be mailed to the Washington State Secretary of Transportation. 17.06.040 Administrative review. A. The Director shall forward to the City Engineer, one (1) copy of the proposed preliminary plat, together with copies of any appropriate accompanying documents. The City Engineer shall review the preliminary plat 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, utilities; and regarding any other' issues related to the interests and responsibilities of the City Engineer and the Department of Public Works. 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 priwlte entity, concerning the proposed 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 Hearing Examiner or incorporated into a report prepared by the Director and submitted to the Hearing Examiner, prior to the scheduled public hearing. C. The Director shall ensure that, to the extent possible, the preliminary plat willl be processed simultaneously with other approvals related to the subject property. 17.06.050 Hearing examiner review. A. Pursuant to the provisions of Chapter 18.66 of the Auburn City Code the Hearing Examiner shall within ten (10) calendar days of the closure of the public hearing recommend to the City Council to approve, deny, or approve with conditions the Exhibit A Ordinance 5140 Page 8 preliminary plat. The Hearing Examiner shall not recommend approval of the preliminary plat unless he finds the proposed subdivision is in conformance with the findings of fact as outlined in Section 17.06.070. Pursuant to the provisions of Section 18.66.150 of the Auburn City Code, the Planning Director or any interested party affected by the recommendation of the Examiner who asserts that the Hearing Examiner based that recommendation on an erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing, may make a written request for review by the Examiner within seven (7) calendar days after the written decision of the Examiner has been rendered. The request for reconsideration shall set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as the Examiner deems proper. Th(; Examiner may request further information which shall be provided within ten (10) calendar days of the Examiners request. The Examiner's written decision on the request for consideration shall be transmitted to all parties of record within ten (10) calendar days of receipt of the request for reconsideration or receipt of the additional information requested, whichever is later. 17.06.060 City council action. A. Upon receipt of the Hearing Examiner's recommendation, the City Council shall at its next public meeting approve, remand the recommendation to the Examiner or schedule a closed record public hearing, pursuant to Section 18.66.170 of the Auburn City Code, on the proposed preliminary plat. Any aggrieved person may request the Council to conduct its own closed record hearing. The Council must first conduct a closed record public hearing if the Council modifies or reverses the recommendation of thE; Hearing Examiner. B. 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, and all testimony and other evidence presented during the Hearing Examiner public hearing. After considering the preliminary plat, the Council may approve, approve with conditions, reject or return the plat to the applicant for corrections or modifications. Exhibit A Ordinance 5140 Page 9 When the Council makes its decision on the preliminary plat, it shall adopt a resolution prepared by the City Attorney. ^ resolution prepared under this subsection shall include formal findings of fact and conclusions supporting the decision. If the decision is for approval or approval with conditions, the findings shall affirm that the subdivision conforms with all applicable City land use regulations. If the decision is for approval with conditions, the conditions shall be specified in the resolution. 17.06.070 Findings of fact. Preliminary plats shall only be approved if findings of fact are drawn to support the following: A. 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; B. Conformance of the proposed subdivision to the general purposes of the Comprehensive Plan; C. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans which have been adopted by the City Council; D. Conformance of the proposed subdivision to the general purposes of this Til:le, as enumerated in Section 17.02.030; E. Conformance of the proposed subdivision to the Auburn Zoning Ordinance ;3nd any other applicable planning or engineering standards and specifications as adopted by the City, or as modified and approved as Dart of a PUD pursuant to Chapter 1869 ofth~ Auburn City Code; F. The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the q~uality of the environment. Adequate provisions are made so the preliminary plat will prevent or abate public nuisances. t7.06.080 Notice of decision to applicant. Following adoption of a resolution approving or rejecting a preliminary plat, the Director shall notify the applicant of the decision. The notice shall be accompanied by a copy of the adopted resolution. If the resolution is for approval or approval with conditions, the notice shall advise Exhibit A Ordinance 5140 Page 10 the applicant to prepare an improvement method report, as described by Chapter 17.08, and shall inform the applicant regarding the applicable time limitations on final plat submittal. This notice of decision is in addition to any notice of decision required under ACC Title 14. t7.06.090 Transfer of property. If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract or parcel of land following preliminary plat approval but prior to final plat approval, is expressly conditioned on the recording of the final plat containing the lot, tract or parcel under this Chapter, the offer or agreement does not violate any provision of this Chapter. All payments on account of an offer or agreement conditioned as provided in this Section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. t7.06.t00 Adjustments of an approved preliminary plat. A. Minor adjustments: Minor adjustments may be made and approved by the Planning Director. Miinor adjustments are those which may affect the precise dimensions of the plat but which do not affect the basic character or arrangement of the lots and streets. Such dimensional requirements shall not vary more than ten (10) percent from the original. The adjustments cannot be inconsistent with the requirements of the preliminary plat approval. The adjustments cannot cause the subdivision to be in violation of this Title, the zoning ordinance, any other applicable City land use control, Chapter 58.17 RCW, or any other applicable state law or regulation. B. Major adjustments: Major adjustments are those when determined by the Planning Director, substantially change the basic design, layout, open space or other requirements of the plat. When the Planning Director determines a change constitutes a major adjustment, a new application for a preliminary plat is required and shall be processed as a ne~v and separate application. 17.06.110 Time limitations. Exhibit A Ordinance 5140 Page 11 A preliminary plat, approved prior to April 17, 1995, shall be valid for a three (3) year period following Council approval of the preliminary plat. An applicant who files a written request with the Council at least thirty (30) days before the expiration of the three (3) year period shall be granted a one (1) year extension upon showing that a good faith effort has been attempted in applying for a final plat. A good faith effort is defined to be at minimum the submittal of a complete engineering-construction drawing(s) to the City. Additional extensions of one (1) year may be similarly requested by the applicant and granted by the Council, subject to a finding of good faith effort. A plat granted preliminary approval but not filed for final plat approval within the applicable time period or extended time period shall be null and void. A preliminary plat, approved on or subsequent to April 17, 1995 shall be val~id for a five year pedod following Council approval of the preliminary plat. The City Council may allow incremental one year extensions pursuant to the same process and criteria as outlined in Section 17.06.110(A). At the same time the Council is considering the extension it may also add, alter or delete any conditions or requirements that were made part of the preliminary plat approval. A plat granted preliminary approval, but not filed for final plat approval within the applicable time period or extended time period shall be null and void. Exhibit A Ordinance 5140 Page 12