HomeMy WebLinkAboutITEM VIII-A-2
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AGENDA BILL APPROVAL FORM
Agenda Subject: Title 17, Auburn City Code, related to short subdivision Date: 3-28-06
and lot line adiustment submittal reouirements and review orocesses
Department: Planning I Attachments: Ordinance No. 6006; Budget Impact:
Administrative Recommendation:
City Council introduce and adopt Ordinance 6006.
Background Summary:
Over a year ago, an effort was begun to update the City's Short Plat (aka "short subdivisions") code to
bring it more in line with standard practice throughout the area. Both Planning staff and City Survey
Supervisor Bob Burton were involved in the process. Currently, Auburn is unique in requiring short plat
documents to be submitted on multiple pages of 8 y." x 11" paper. Numerous local surveyors have talked
with him regarding the need to upgrade Auburn's standards. Most jurisdictions prefer short plat drawings
to be drawn to scale on 18" x 24" mylar, which is also a standard recording scale for surveys. This format
also allows for more information to be included on a single, readable page, rather than distributed through
multiple pages.
The proposed changes were sent to several local survey firms for peer review and several responded
with both favorable and helpful comments. A few changes were made based upon their comments.
In addition to modifying Chapter 17.14, Short Plats, the proposal also includes two new definitions, similar
amendments to Chapter 17.16, Lot Line Adjustments, and one minor amendment to Chapter 17.24,
Amendments.
03.4.2.6
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
D Arts Commission COUNCIL COMMITTEES: D Building o M&O
D Airport o Finance o Cemetery o Mayor
D Hearing Examiner o Municipal Servo o Finance o Parks
o Human Services 181 Planning & CD o Fire o Planning
o Park Board OPublic Works o Legal o Police
o Planning Comm. o Other o Public Works D Human Resources
o Information Services
Action:
Committee Approval: OVes ONo
Council Approval: OVes ONo Call for Public Hearing ~~-
Referred to Until I I
---
Tabled Until ~_I-
Councilmember: Norman T Staff: Krauss
Meetina Date: Acril 3, 2006 I Item Number: VIII.A.2
AUBURN * MORE THAN YOU IMAGINED
Agenda Subject: Short Plat Code Amendment Or No. 6006
Date: 3-27-06
Hiahliahts of the procosed chanaes:
. Adds definitions for "lot" and "original tract" and ensures inclusion of all contiguous
unplatted property in an application.
. Specifies basic requirements for a submittal (17.14.030), but leaves the final format to
be determined administratively. This will make it easier to modify submittal requirements
should it become necessary in the future.
. Eliminates the need to write a legal description for each lot being created, since they will
be referred to in the future as "Lot _ of City of Auburn Short Plat No. _."
. Specifies survey standards for submittals.
. Requires an up-to-date title report to be filed with an application.
. Eliminates the need to make formal written findings on whether to approve an
application.
. Similar changes are made to Chapter 17.16, including changing the name from "lot line
adjustment" to "boundary line adjustment"
The Planning Commission conducted a public hearing on this matter on February 7, 2006. No one
testified either in support or against the proposal. The Commission voted unanimously to recommend
adoption of the changes by the City Council
Page 2 of 2
ORDINANCE NO. 6006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
17.04.200 AND 17.24.010, AND CHAPTERS 17.14 AND
17.16 OF THE AUBURN CITY CODE AND CREATING A
NEW SECTION 17.04.235 OF THE AUBURN CITY CODE,
RELATING TO SUBMITTAL REQUIREMENTS FOR
SHORT SUBDIVISIONS AND LOT LINE ADJUSTMENTS
WHEREAS, Title 17 of the Auburn City Code, known as the Land Division
Ordinance, was initially adopted in July 1988 and contains submittal requirements for
subdivision applications; and
WHEREAS, Chapters 17.14 and 17.16 address the submittal and review of short
subdivisions and lot line adjustments, respectively, and have remained the same since
originally adopted; and
WHEREAS, current submittal requirements in the City of Auburn are unique and
at variance with standard practices in both King and Pierce counties; and
WHEREAS, numerous surveying firms that do business within the city limits of
Auburn have spoken favorably of making changes to Auburn's submittal requirements;
and
WHEREAS, the City of Auburn Planning Commission conducted a duly
advertised public hearing on the proposed amendments on February 7, 2006 and
subsequently voted unanimously to recommend approval of said amendments to the
City Council.
Ordinance No. 6006
March 29, 2006
Page 1 of 17
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows;
1. AMENDMENT TO CITY CODE. That Section 17.04.200 of the Auburn
City Code (Definitions) is hereby amended to read as follows:
17.04.200 Lot.
"Lot" means an area of land under single or common ownership, ElciiRw,.ey-i'ixed
8nG-EleHAite--Boofldar-ies,which has been created by any of the various land division
methods for the purpose of lease, sale or transfer of ownership, and/or tho ptlf!*lSe-ef
!:ep3r3te t3x3tion defined by fixed and definite boundaries, and havinq sufficient area
and dimension to accomrnodate development allowed by the zone in which it is located.
The term shall not include those tracts or parcels which are not buildable, but are
created for common or public use such as road and utility tracts. The term sh311 inGlw::le
tr3cts or p3rcols; but sh311 exclude those tracts or p3rcels-set 3side for dediGation to tho
Gity;-af1El/of-afPy-etABf-tr-aGts'Bf'flaf~els-Gr-eBted-setely--fBf-t-he-use-ci.e-IBctficpower,
telepi:JBJ:le,-watBf-stlflf'ly,sewer-seFVise;storm--tlraiAage--er-ethef-lliility-faGil1tie&-Gt-a
Osimilor or roloted n3turo. This oxclusion dooe not oxompt tho p~rocoes
fleGeSSary to creoto tho lot, troct or p3rcel. (Ord. 4296 S 2, 1988.)
2. NEW SECTION TO CITY CODE. That a new Section 17.04.235 of the
Auburn City Code (Definitions) is hereby created to read as follows:
17.04.235 "Original Tract"
"Original tract" means a unit of unplatted land held under single or unified
ownership, the configuration of which may be determined by the fact that all land
abutting said tract is separately owned by others, not including an applicant or
applicants; provided, that where a husband and wife own contiguous lots in separate or
community ownership, said contiguous lots shall constitute the original tract.
3. AMENDMENT TO CITY CODE. That Chapter 17.14 of the Auburn City
Code (Short Subdivisions) is hereby amended to read as follows:
Chapter 17.14
SHORT SUBDIVISIONS
Sections:
17.14.010
17.14.020
17.14.030
17.14.035
17.14.040
17.14.050
General provisions.
Preapplication conference.
Application.
Survey.
Accompanying documents.
Administrative review.
Ordinance No. 6006
March 29, 2006
Page 2 of 17
17.14.055 Improvement requirements.
17.14.060 Planning director's decision.
17.14.070 Distribution and filing.
17.14.080 Conditional approval requirements.
17.14.090 Release of improvement guarantee.
4+-M~t-feqlliromonts.
17.11.110 Unbuildoblo lots.
17.14.010 General provisions.
Every short subdivision shall comply with the provisions of this Chapter. Land
shall be divided by the short subdivision method according to the provisions of this title,
if the two three following criteria are met:
A. The division will not result in the creation of more than four lots,tractsor
flar€61s;
B The Ietoriqinal tract being divided flaElhas not been created by a short
subdivision within the previous five years, except that when the short plat contains fewer
than four parcels-trnH)wner-woo, a revised short pial may be filed the.shert plat may file
a--rB-visoo-shert-pl-at-within the five-year period to create up to a total of four lots within
the original short plat boundaries.
C. The entire oriqinal tract (except adjacent platted or short platted land) shall
be included within one short plat application; provided, that a pre-existinq, unplatted
adjacent parcel may also be excluded if it is twenty (20) acres or qreater in size. (Ord.
5164 S 1, 1998; Ord. 4840 S 1, 1996; Ord. 4296 S 2, 1988.)
17.14.020 Preapplication conference.
Persons considering making application to short subdivide land lying within the city are
encouraged to request tRat-a preapplication conference bo held with appropriate city
staff7 Such requost sh::lIl bo directod to the planning diroctor, and upon its receipt the
director shall schedulo a conference betweon tho prospoctive applicant and appropriote
city staff. Preapplication conferences mav be requested bv filinq necessarv materials
as required bv the Planninq Director. Tho purpose of a proapplicatien conforonce is--for
tho a prospoctivo applicant and city stoff to goin 0 common undorst::mding of tho noture
of tho 0 contomplotod short subdivision and subsoquont development, and ony
prooodures, rules, standards and policies whioh moy apply. The procpective opplioant is
encourogod to bring to tho conference whatever information doemed appropriate to help
doscribo the oxisting natura of tho site and its surroundings and the proposod n3ture of
tho contomplated short subdivision ond subsequent developmont. Such information
may includo photographs, sketohes, ond maps. Tho direotor or the prospoctivo
opplicont moy roquest that an additional oonforenco or conferencos be hold to further
the purpose of this section. (Ord. 5164 S 1, 1998; Ord. 4840 S 1, 1996; Ord. 4296 S 2,
1988.)
17.14.030 Application.
Ordinance No. 6006
March 29, 2006
Page 3 of 17
In addition to the requirements for a completed submittinq application!! as set
forth in ACC +itle-14.05.020, af\-10 copies of an application for short subdivision
approval shall be submitted to the department of planning, buildinq and community
development in a format prescribed bv the director on forms to be provided by the
department, and shall meet the provide the folloviing inform3tionfollowinq standards:
A. The namo, ad dross and telephone number of tho 3pplicanlDrawn to a
scale not smaller than 1" = 1 00' or other approved scale on a sheet size of 18" x 24";
B. /\ certific3tion by the applicant showing the entire contiguous I3nd in 'Nhich
there is any interest by roason of ownorship, contract for purchase, earnest money
agreement or option by any person, firm or corporation in any mannor connected with
the dovelopment, 3nd the n3mes and addrosses and telephone numbers of 311 such
persons, firms or corporationsThe plat shall show the boundarv and dimensions of the
oriqinal tract includinq its Assessor's parcel number, section, township and ranqe and all
adioininq public or private roads and identifvinq riqht-of-wav names and widths. The
boundarv line of each lot to be created shall also be shown;
C. The existing zoning c1assific3tionA vicinitv map drawn to of sufficient detail
to orient the location of the oriqinal tract;
D. The square footage comput3tion of each lot or parcel sufficiontly accur3te
to show th3t such lot or parcel contains 3t lem:t sufficient footago to meet minimum
zoning and he31th requirements. The squ3re footago of land contained in access
e3soments or--access p3nh3ndles shall not be included in the lot s~-e
computations Name and address of the owner of record of the oriqinal tract, scale of the
drawinq and north directional arrow;
E. The source of water supply for e3ch lot, including proposed welllocaHoos
am:I.-€asBmBRts, if anyThe owners in fee simple shall siqn a statement indicatinq the plat
is made with their free consent and in accordance with their desires as propertv owners;
F. The mothod of f:O'lmge dispos31 3nd, if septic t3nks me to be used,
preliminary percolation test must be submittod. The porcolation tests must bo conducted
in 3ccord3nce with county he31th department regulations. 1\ sep3r3te percel:1tion test
ffiHst-lJe performed on e:1ch lot of the proposod short subdivision and submitted to the
department of public works for approv:11. The city engineer may require that such tests
be m3de under high ground water (winter) conditions. In lieu of requiring that
fJBfGBlation test results be submitted at the timo of :1pplication, the planning director m3Y
3pprove a short pl3t, subjoct to a condition that tho required tost results be submitted
:1nd :1pproved by the city engineer before tho plat can be recorded. If septic tanks and
dr3infields are used for a sewage dispOS31 system then the subdivider shall be required
to sign :1 nonremonstr:1nce :1greement if a future local improvement district is f-ormod
providing f-or public sanitary sewors to serve the short platLots shall be identified bv
numerical desiqnation. The square footaqe computation of each lot or parcel sufficientlv
accurate to show that such lot or parcel contains at least sufficient footaqe to meet
minimum zoninq and health requirements. The square footaqe of land contained in
access easements or access panhandles shall not be included in the lot size
computations;
Ordinance No. 6006
March 29, 2006
Page 4 of 17
G. 1\ short plat prepared on tho forms suppliod with tho applioation and
containing tho following infDrmation:
1. A legal description of tho short subdivision and of all the lots, tracts or
parcels thorein, togother with the legal doscription of privato roads and oasomonts
thorein;
2. Tho dato, soalo and north arrow;
3. Tho boundary lines to scalo of tho tract to bo subdividod and of oach lot
containod thoroin. All boundary linos to be properly dimonsionod;
4. Tho number assignod to oach lot;
5. Tho location and widths of any oasomonts for public sorvicos and utilitios
within tho aroa containod within tho short subdivision;
6. Tho boundaries of all lands reserved in tho deed for common use of tho
flfElpert)' owners ef the shert subdivision;
7. The map and legal descriptions includod in the application for a short
subdivision shall be proparod and oertified by a registered land surveyor The leqal
description of the oriqinal tract;
H. Any additional pertinent information roquired by the plannin~The
location and widths of all easements, public services and utilities within the boundarvof
the proposed short subdivision as defined in the current title report;
I. The boundaries of all lands reserved in the deed for common use of the
property owners of the short subdivision;
J. The map and leqal descriptions included in the application for a short
subdivision shall be prepared and certified by a licensed land surveyor in a format
acceptable to the City of Auburn and the Survey Recordinq Act.& 1, 1998; Declaration
blocks shall be provided for the oriqinal tract owner, surveyor, approvinq qovernmental
aqencies, and recordinq certification, in a manner as prescribed bv the director. (Ord.
5164 ~ 1, 1998; Ord. 5170 ~ 1, 1998; Ord. 4840 ~ 1, 1996; Ord. 4296 ~ 2,1988.)
17.14.035 Survey
A. Recordable surveys shall be required for all short subdivisions. All
survevs shall be accomplished as required bv WAC 332-130 and RCW 58.09.
B. A licensed professional land surveyor shall complete all lot stakinq prior
to the recordinq of the short subdivision.
C. All lot corners, inciudinq interior lot corners, shall be marked with a
permanent marker that bears the land survevor's reqistration number. When the
boundarv lines follow a meanderinq line, the "corners" shall be set as directed by the
Citv of Auburn.
D. When the leqal description of the short subdivision utilizes partial or
complete section subdivisional breakdown to establish the boundaries, section
subdivision survey information shall be shown in accordance with the requirements of
WAC 332-130-030.
E. All reference monuments used in the establishment of the short
subdivision corners shall be identified, described and noted as set or found. When
Ordinance No. 6006
March 29, 2006
Page 5 of17
appropriate, the survey shall reference previous survevs that served as the basis for the
survey.
F. When the short subdivision is adiacent to a constructed public riqht-of-wav
and the plat corners or its offset represent a quarter corner, section corner or donation
land claim that is not of record or has been lost (or obliterated). a standard monument
shall be placed.
G. Whenever a short subdivision is adiacent to existinq riqht-of-wav, the
centerline of the riqht-of-wav shall be located on the plat drawinq. If the constructed
improvements fall outside of the documented riqht-of-way, the survevor shall identify the
existinq edqe of the pavement and limits of the maintained riqht-of-wav section on the
drawinq and show its relationship to said centerline
H. All requirements of Chapter 58.09 RCW and WAC 332-130 qoverninq
minimum standards for land boundary surveys shall be met and a note shall be placed
that reads:
"THIS SURVEY COMPLIES WITH ALL THE STANDARDS AND
GUIDELINES OF THE "SURVEY RECORDING ACT" CHAPTER
58.09 RCW AND WAC 332-130."
17.14.040 Accompanying documents.
An application for short subdivision approval shall be accompanied by the
following:
A. Proof of the date of last ~segregation of the parcel of land to be short
subdivided, if deemed necessary by the planninq director;
B. A title report, with liabilitv for errors not to exceed the assessed value of
the lots on the date of application. The title report shall be issued no more than 30-davs
prior to the application date.
C. A completed environmental checklist form, blank copies of which aro
available from the department, if the responsible official deems it neGessary; if the
proposed short subdivision is not cateqoricallv exempt from threshold determination
requirements per WAC 197-11-800 (6).
D. Copy of restrictions, if any, to be imposed upon the use of the land. Such
restrictions must be recorded simultaneously with the short subdivision;
E. In any short subdivision where lots are served or to be served by a private
road, the subdivider shall furnish a copy of such further covenants or documents that
will result in:
1. Each lot owner having access thereto and having responsibility for
maintenance of any private road contained within the short subdivision in such a
condition as to allow free access for emergency vehicles;
2. Allowing aCGOCG for emergency '1ehiclm:;Such covenants or documents
shall obligate any seller to give actual notice to any prospective purchaser of the
method of maintenance of the private road, which notice shall be caused to be included
in any deeds or contracts relating to such sale and such covenants or documents shall
be recorded simultaneously with the short subdivision;
Ordinance No. 6006
March 29, 2006
Page 6 of 17
E. ^ current (within 30 days) titlo company cortification of:
+.---+RO logal doscription of tho totaJ-pJrcol sooght to be short subdi'JiGe4;
2. Thoce individuals or corporations holding an ownorship interest in said
parcol;
~ ----Any-easements-er restrk;tioos..affec:tiRg-tl:le--t*et:JBfty--to-w-s~GeG
with:) de€:oription of purpo€:o and referencod by auditor's file number and/or recording
number. (Ord. 5164 ~ 1, 1998; Ord. 4840 ~ 1, 1996; Ord. 4296 ~ 2, 1988.)
17.14.050 Administrative review.
~An application for short plat approval shall be approved, approved with
conditions, returned to the applicant for modifications~ or denied within 30 days of its
receipt of a beinq determined to be a complete application by tho dopartmont unless
the applicant agrees, in writing, to an extension of this time period. The department shall
not be considered to be in receipt of a complete application for short plat approval
unless and until such time as the application meets the requirements of ACC 17.14.030
and 17.14.040, as determinod by tho director and a determination of complete
application has been issued pursuant to ACC 14.06. c This time period may be extended
if an environmental checklist is required by Chapter 16.06 ACC and such extension
does not conflict with applicable requirements contained in ACC Title 14.
B. Upon receiving a complete application for short subdivision approval, the
director shall transmit a copy of the short plat, together with copies of any
accompanying documents as the director deems appropriate, to the following;
1 . City engineer, who shall review the proposed short subdivision with regard
to its conformance to the general purposes of adopted traffic and utility plans; adequate
provisions for storm drainage, streets, alleys, other public ways, water and sanitary
sewer; and conformance to any applicable improvement standards and specifications
and compliance with RCW 58.09 and WAC 332-130;
2. City fire marshal, who shall review the proposed short subdivision with
regard to adequate provisions for emergency access;
3. Any other city department, utility provider, school district or other public or
private entity as the director deems appropriate.
C. In transmitting the proposed short plat to the parties referenced above, the
director shall solicit their comments and recommendations, and note the date by which
comments and recommendations must be received by the department in order to be
considered. Any comments received by that date shall bo incorporated into tho formal
findings whichwill form the basis of the director's decision on the short subdivision. J:f--oo
comment€: aro reoeived from any of tho partie€: ref-orencod abovo, the planning director
€:hall mako such findings a€: tho director dooms just. However, in every case a proposed
short plat shall contain a statement of approval from the city engineer, as to the survey
data, the layout of streets, alleys and other rights-of-way, design of bridges, sewer and
water systems and other structures. The planning director shall not approve a short plat
',""hioh that does not contain such a statement signed by the city engineer.
Ordinance No. 6006
March 29, 2006
Page 7 of 17
GO. The planning director shall review the proposed short subdivision and
determine its conformance to the general purposes of this title, its conformance to the
Auburn comprehensive land uso plan, aflG--its conformance to ACC Title 18, and any
other applicable land use controls. Thoso dotorminations shall bo inoorporatod into tho
formal findings which that will form tho basic of tho director's dooision on tho short
subdi'lision. (Ord. 5164 S 1, 1998; Ord. 4840 S 1, 1996; Ord. 4772 S 1, 1995; Ord. 4296
S 2, 1988.)
17.14.055 Improvement requirements.
A. Lot Area and Dimensions. Each lot created bv short subdivision shall
contain sufficient square footaqe and lot dimensions to meet the requirements of ACC
Title 18. Each lot to be served bv an on-site sewaqe disposal system shall be a
minimum of 15,000 square feet in area and shall also meet the minimum lot area
requirements of the countv department of health rules and requlations. as determined
bv the city enqineer. Land contained in access easements, tracts or panhandles shall
not be included in lot area or lot dimension calculations for the purposes of this section.
B. Every lot within a short plat shall be capable of beinq reasonably served
by public or private sewaqe disposal, water, storm drainaqe facilities and streets. The
city will not approve a short plat for which a buildinq permit cannot be issued because of
insufficient infrastructure.
C. Conformance with Adopted Plans. Street, water, sewer and storm
drainaqe facilities adiacent to or within the short subdivision shall be in conformance
with adopted citv ordinances, standards and policies. Easements for utilities
recommended by such plans shall be provided to the citv, with the exact location of
such easements to be determined bv the citv enqineer.
D. Floods, Flood Control and Storm Drainaqe.
1. Where anv portion of the proposed short subdivision lies within the 100
vear flood hazard area or the requlatory floodway, the director shall impose a condition
on the short plat requirinq the subdivider to conform to the Federal Emerqency
Manaqement Aqencv (FEMA) flood hazard requirements.
2. A conceptual storm drainaqe/site qradinq plan ma-vshall be required to be
submitted. as part of the short plat application. unless waived bv the city enqineer.
E. Adiacent Streets. When anv public street Ivinq adiacent to the propertv
beinq short subdivided has insufficient width or for anv other reason does not conform
to minimum street standards, as described in ACC 17.12.090 throuqh 17.12.150,
sufficient additional riqht-of-way shall be dedicated to the citv and appropriate
improvements shall be made bv the subdivider to conform the abultinq half of the street
to such standards. Such improvements mav be delaved if quaranteed to the satisfaction
of the citv enqineer. Anv such quarantee shall be recorded with the plat and shall be
bindinq upon the property owner and the owner's heirs, successors and assiqns. In
decidinq whether a delav should be allowed, the city enqineer shall consider the present
and future need for such improvement, the improved or unimproved nature of adiacent
riqht-of-wav, and whether or not street qrades have been established.
Ordinance No. 6006
March 29, 2006
Page 8 of 17
F. Access.
1. 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 or shall be served by a private street,
access easement. tract or panhandle havinQ direct access to such a public street.
Where private streets and access easements are provided. thev shall be improved or
quaranteed to the city of Auburn and be in conformance with the citv of Auburn desiqn
and construction standards.
2. All private streets, access easements and panhandles shall be capable of
meetinq the fire access requirements of Chapter 15.36 ACC and the development
standards of Chapter 18.48 ACC, in addition to anv other requirements of this tille,
includinq, but not limited to, all-weather surface material as provided by city enqineer,
where not otherwise required to be paved, and minimum turnaround requirements on
dead-end streets or access easements as specified by the fire department.
G. Dedication of Streets.
1. Dedication of a public street or streets mav be required, whenever the
planninq director finds that one or more of the followinq conditions applies:
a. The qeneral aliqnment of a proposed private street. access easement or
panhandle follows the qeneral aliqnment of a future arterial as shown in the
comprehensive plan; or
b. The Qeneral aliqnment of a proposed private street, access easement or
panhandle can be reasonably modified to provide a desirable throuqh connection
between two or more existinq or planned public streets or arterials; or
c. A public street would be necessary to provide adequate access to
adiacent propertv not subiect to the proposed short subdivision.
2. Whenever the director makes such a findinq the short plat shall be
returned to the applicant and a public hearinq scheduled on the proposed street
dedication. The hearinQ examiner shall conduct the hearinq pursuant to ACC 18.66.150
and make a recommendation to the citv council pursuant to ACC 18.66.170.
Subsequent to the council's decision, the applicant shall prepare a statutory warrantv
deed, dedicatinq the street, and toqether with the deed return the short plat to the
director for final action.
H. Fire Hvdrants. All lots within a short plat shall be capable of beinq served
bv a fire hvdrant as required bv Chapter 13.16 ACC. Propertv zoned RR, rural
residential, mav be exempt: provided the requirements of ACC 13.16.030 are met.
17.14.060 Planning director's decision.
A. The planning director shall, within the time period described by ACC
17.14.050(A), take one of the following actions:
1. Approve the short subdivision with or without conditions;
2. Return the short plat to the applicant for correction or modification or for
the construction of improvements as requested by the city engineer or fire marshal; or
3. Disapprove the short subdivision.
Ordinance No. 6006
March 29, 2006
Page 9 of 17
B. The director may require, as a condition of plat approval, that any required
improvements be guaranteed by one of the methods described by ACC 17.08.010, prior
to short plat approval or issuance of buildino permits for any lot within the short piaL
C. Upon reaching a decision, the director shall so notify the applicant.
Notification shall include a recitation of the findings and conclusions upon which the
docision is based, and any conditions of approval and Ssuch notification shall comply
with any applicable requirements contained in ACC Title 14 and contain any conditions
of approval.
D. The applicant shall submit a mvlar drawino of the short plat for siqnature.
tooether with an updated title report. The final mvlar drawino shall be presented for
recordinq and shall contain all survey information required for a Record of Survev under
Chapter 58.09 RCW and WAC 332-130.
E. Any person aggrieved by the decision of the planning director may appeal,
within 14 days of mailing the decision, the decision to the hearing examiner in
accordance with procedures prescribed in ACC 18.70.050(8) through (E). The city shall
extend the appeal period for an additional seven days for short plats that are
accompanied by a final mitigated determination of nonsignificance or final EIS. After
public hearing thereon, the hearing examiner may approve, disapprove or return the
short plat to the applicant for modification, correction, construction of improvements, or
meeting conditions of approval. The hearing examiner's decision shall be final unless
appealed to the city council as prescribed in ACC 18.66.160. (Ord. 5164 ~ 1, 1998; Ord.
4840 ~ 1, 1996; Ord. 4296 ~ 2,1988.)
17.14.070 Distribution and filing.
The planning director shall either forward the mylar original of the approved short
plat to the GOOnty auditorappropriate county office for recording, or shall return the
original mylar to the applicant for recording. The applicant shall record the short plat at
the appropriate Kino County offices, for properties located in Kino County, or recorded
at the appropriate Pierce Countv offices, for properties located in Pierce Countv. The
short plat must be recorded within 30 days or the short plat shall be null and void. A
recorded mvlar copv shall be returned to the citY.Tho director shall retain ono copy of
the approved short plat in tho files of tho planning department, and shall furward ono
copy to the city engineor. (Ord. 5164 ~ 1, 1998; Ord. 4840 ~ 1, 1996; Ord. 4296 ~ 2,
1988.)
17.14.080 Conditional approval requirements.
Where a short plat is approved subject to conditions, no building permit shall be
issued for property subject to the short subdivision prior to the conditions either being
fulfilled or guarantees provided to ensure the conditions are met. (Ord. 5164 ~ 1, 1998;
Ord. 4840 ~ 1,1996; Ord. 4296 ~ 2, 1988.)
17.14.090 Release of improvement guarantee.
Ordinance No. 6006
March 29, 2006
Page 10 of 17
If an improvement bond or other guarantee has been submitted under ACC
17.14.060(B), such guarantee shall be released upon acceptance by the city of a
properly executed bill of sale for such improvements. A portion of the guarantee
equivalent to 10 percent of the value of public improvements installed may be retained
by the city for a period of time up to one year after acceptance, to ensure the adequate
operation of such improvements, following which any unused portion of such guarantee
shall be released. (Ord. 5164 ~ 1, 1998; Ord. 4840 ~ 1, 1996; Ord. 4296 ~ 2, 1988.)
17.11.100 Improvemont roquiroments.
A, Lot J\roa and Dimensions. Eaoh lot oreated by short subdivision
sholl oontain sufficient square footage and lot dimensions to meet the requirements of
ACC Titlo 18. Each lot to be served by on on site sewage disposal system shall be a
minimum of 15,000 square foet in area and sholl olGa meet the minimum lot area
requiroments of the oounty department of health rules and regulations, as determined
by the public 'Norks department. Land oontained in access easements, tracts or
panhandles shall not bo inoluded in lot area or lot dimension calculations for the
purposes of this seotion.
B, Conformance with ,1\doptod Plans. Street, water, sewer and storm
drainoge facilities adjacent to or within the short subdivision shall bo in conf-ormance
with the adopted city ordinances, standards and polioies. Easoments for utilities
reoommended by such plans shall be provided to the city, the exact location of such
easoments to be determined by tho city ongineer.
C. floods, Flood Control and Storm Drainage.
+. Where any portion of the proposed short subdivision lies 'Nithin the one
percent flood hazard aroa or the regulatory floodway, tho director shall imposo a
condition on tho short plat requiring the subdivider to conf-orm to the foderal Emergency
Management J\gency (FEMA) flood hazard requirements.
2. .^, conceptual storm drainage/site grading plan may be required to be
submitted, as part of the short plat, as determined by the city engineer.
D f,djaoent Streets. When any public street lying adjaoent to the property
being short subdivided has insufficient width or for any othor reason does not conform
to minimum street standards, as desoribed in ACC 17.12.090 through 17.12.150,
sufficient additional right of 'Nay shall be dedicated to the oity and appropriate
improvements shall be made by tho subdivider to conform the abutting half of the street
to such standards. Such improvements may be delayed if guaronteed to the sotisf.action
of the city engineer. .'\ny such guarantee shall be reoorded with the plat and shall be
binding upon the property owner and the owner's heirs, suooossors and assigns. In
deciding whether a delay should be allowed, tho oity ongineer shall oonsider tho present
and future neod for such improvement, tho improved or unimproved noture of adjooent
right of way, and whether or not street grades have been established.
12. Acoess.
~, All short subdivisions shall bor-dor on an openod, construoted and
maintained public stroet. /\11 lots within a short subdivision shall eithor border on an
Ordinance No. 6006
March 29, 2006
Page 11 of 17
openod, oonstruotod and maint3inod public streot or shall bo sorvod by a pri'lato stroot,
3CCOSS oasemont, tract or panhandle h3ving diroct aocoss to suoh a public stroot.
Where privato stroets and aoooss oasomonts are provided, thoy Sh311 bo improved or
guaranteed to the oity of :\uburn and bo in oonformanoo '.'lith tho city of /\uburn dosign
and oonstruction standards.
2, /\11 privato streets, aoooss oasomonts and panhandlos shall bo oapablo of
mooting tho fire access roquiromonts of Chaptor 13.16 /\CC and tho dovolopment
standards of Chapter 18.48 I\CC, in addition to any othor roquiromonts of this titlo,
inoluding, but not limited to, all weather surfaoo material as provided by city enginoor,
whero not othorwiso roquired to bo p3ved, and minimum turnaround roquiromonts on
doad ond stroots or access oasomonts as spocifiod by tho firo dep3rtmont.
F. Dedication of Stroots.
t, Dodic3tion of a public stroot or streots may bo roquired, whenever the
planning diroctor finds that one or moro of tho following conditions applies:
ao The goneral alignment of a proposed privato stroet, 3ccess
easemont or p3nh:mdle follows the gonorClI alignment of CI future arterial recommendod
by the traffic circulation eloment of tho comprehensive plan; or
b. Tho genorClI 31ignmont of a proposed private streot, accoss
oasoment or panhandle can bo roasonably modifiod to provido a dosirablo through
connoction botwoon two or moro existing or plan nod public stroets or artori3ls; or
G., l\ public stroot would be nocossary to provido adoquate accoss to
3djacent property not subject to the propocod short subdivision.
2. Whenevor tho diroctor makos such 3 finding tho short pl3t shall be
roturnod to tho applic3nt Clnd CI public h03ring schodulod on tho proposod stroot
dodicCltion. Tho hoarinq oX3minor hoaring shClII bo conducted h03rinq by tho he3ring
oxaminor pursu3nt to /\CC 1 g.66.150 3nd tho examiner shall make a rocommondation
to tho city council pursuant to I\CC 1 g.66.170. Subsoquont to tho council's docision, tho
applicant shall propClro CI statutorj W3rrClnty dood, dodicClting tho stroot, ::md togothor
with tho dood return tho short plat to tho diroctor for fin31 Clction.
H. Fire Hydrants. 1\11 lots within a short plat shall bo capClblo of boing sorved
by a firo hydr3nt CIS roquirod by ChClptor 13.16 .^.CC. Proporty zonod RR, rural
rosidontbl, mClY bo exompt; providod tho roquiremonts of ^CC 13.16.030 Clro mot. (Ord.
516131, 1999; Ord. 5170 31, 1999; Ord. 181031,1996; Ord. 129632, 1999.)
17.11.110 Unbuildablo lots.
Evory lot \Nithin 3 short plat shall bo cClp3blo of boing roClsonably sorvod by public
or private sewage disposal, water, and stroets. Tho city will not approvo a short plClt for
which a building pormit cannot be issued if the nocessarybocauso of insufficiont
infrastructure is not roasonably providod for. (Ord. 5161 3 1, 1998; Ord. 1910 31,1996;
Ord. 129632, 1999.)
Ordinance No. 6006
March 29, 2006
Page 12 of 17
4. AMENDMENT TO CITY CODE. That Chapter 17.16 of the Auburn City
Code (Lot Line Adjustments) is hereby amended to read as follows:
Chapter 17.16
hG+-BOUNDARY LINE ADJUSTMENTS
Sections:
17.16.005
17.16.010
17.16.020
17.16.030
Purpose.
Scope.
Application.
Administrative review.
17.16.005 Purpose
The purpose of this chapter is to define the criteria used by the Citv of Auburn to
review boundary line adiustments. Boundarv lines adiustments are intended to provide
a procedure for minor chanqes to the location of a boundary line. This Chapter is also
intended to ensure compliance with RCW 58.09
17.16.010 Scope.
The boundary lines separating two or more lots of record may be adjusted under
the provisions of this chapter; provided, that such adjustment:
A. Will not result in the creation of any additional lot, tract, parcel, site or
division;
B. Will not create any lot, tract, parcel, site or division which contains
insufficient area and dimensions to meet the requirements df ACC Title 18;
C. Will not adversely affect access, e3sements or dminfielEls storm drainaqe.
water supplv. existinq sanitary sewaqe disposal. access easements for vehicles. utilities
and fire protection;
D. Will not create or diminish any easement or otherwise deprive any parcel
of access or utilities;
E. Will not replot, omend, olter or V3cate 0 plot or short subdivision;
E. Will be consistent with any applicable health, building or similar
regulations;
F. Will not increase the nonconforming aspects of an existing nonconforming
lot. (Ord. 4840 S 1, 1996; Ord. 4296 ~ 2,1988.)
17.16.020 Application.
A. In addition to the requirements for a submittinq a completed application as
set forth in ACe +itle 14.05.020, six (6) copies of an application for a boundary -Jet-line
adjustment shall be submitted to the planninq department- in a format prescribed bv the
planninq director, siqned and stamped by a professional land survevor, bo made on
forms to be providod by the planning deportment, and shall be submittod to the plonning
deportmont togothor with the opplicoble foe 3nd two copies of 0 plan, drawn to a scale
Ordinance No. 6006
March 29, 2006
Page 13 of 17
not smaller than 1" 1 00' or other approved scale on a sheet size of 18" x 24"dr3wn to
scale and accurately dimensionod, clearly showing the following information:
1. The proposed lot lines for all affected lots, indicated by heavy solid lines;
2. The existing lot lines proposed to be changed, indicated by heavy broken
lines;
3. The location and dimensions of all structures and improvements existing
upon the affected lots in proximity to the lot lines beinG adiusted ,and the distance
between the structure/improvements and the proposed boundary lines
4. The oriGinal leqal description ef the oriqinal parcels tOGether with new
separate leGal descriptions for each revised parcel. labelinG the affected parcels
specifically as "Parcel A", "Parcel B", etc.;
5. The position of permanent markers bearinG the surveyors' reqistration
number set at each new property corner;
6. The parcel numbers of all affected lots;
7. The location of the propertv to Quarter/Quarter Section, Township and
Ranqe;
8. The location and dimensions of any drainfield, easement or right-of-way
existing within ef adjacent te any affected lot;
9. The area and dimensions of each lot following the proposed adjustment;
10. The existing and, if applicable, proposed future method of sewage
disposal for each affected lot. Where any lot affected by a proposed lot line adjustment
is served or is likely to be served in the future by an on-site sewage disposal system, a
percolation test for each such lot may be required by the city engineer when the city
engineer finds that the proposed adjustment could adversely affect the ability of such lot
to be adequately served by such on-site system.
11. Declaration blocks shall be provided for the lot owner(s), survevor,
approvinG Governmental aqencies and recordinq certification in a manner as prescribed
by the planninq director.
12. A boundary line adiustment mav contain conveyance lanquaqe that
provides for the transference of propertv between the affected lots.
VVhenovor a lot line adjustment involves a dotailod motes ::md bounds legal
description the planning director may require the lot line adjustment to be prepared by a
licensed land surveyor in order to ensure the accuracy of the now legal descriptions and
drawings.
B. Boundary line adjustment applications shall be submitted to the Planninq
Department with a title report, with liabilitv for errors not to exceed the assessed value
of the lots on the date of application. The title report shall be no more than 30-days
prior to the application date. The Citv may request an updated title report prior to
approval at its discretion.
C. The final mvlar for recordinq shall contain all survev information required
for a Record of Survey under Chapter 58.09 RCW and WAC 332-130.
Ordinance No. 6006
March 29, 2006
Page 14 of 17
D. All newly established lot corners shall be permanently marked with the
land survevor's reqistration number. When the boundary lines follow a meanderinq line,
the "corners" shall be set as directed by the Citv of Auburn.
E. When the leGal description of the boundarv line adiustment utilizes partial
or complete section subdivisional breakdown to establish the boundaries, section
subdivision survey information shall be shown in accordance with the requirements of
WAC 332-130-030.
F. All reference monuments used in the establishment of the boundarv line
adjustment corners shall be identified, described and noted as set or found. When
appropriate, the survev shall reference previous survevs that served as the basis for the
survev.
G. When the boundary line adiustment is adiacent to a constructed public
riqht-of-wav and the plat corners or its offset represent a quarter corner, section corner
or donation land claim that is not of record or has been lost (or obliterated). a standard
monument shall be placed.
H. Whenever a short subdivision is adiacent to existinq riqht-of-wav, the
centerline of the riqht-of-way shall be located on the plat drawinq. If the constructed
improvements fall outside of the documented riqht-of-wav. the survevor shall identify the
existinq edqe of the pavement and limits of the maintained riqht-of-wav section on the
drawinq and show its relationship to said centerline
I. All requirements of Chapter 58.09 RCW and WAC 332-130 GoverninG
minimum standards for land boundarv survevs shall be met and a note shall be placed
on the Mvlar that reads:
'THIS SURVEY COMPLIES WITH ALL THE STANDARDS AND
GUIDELINES OF THE "SURVEY RECORDING ACT" CHAPTER
58.09 RCW AND WAC 332-130."
(Ord. 4840 S 1, 1996; Ord. 4296 S 2,1988.)
17.16.030 Administrative review.
An application for a lBt---boundarv line adjustment shall be approved, approved
with conditions, returned to the applicant for modifications or denied within 15 days of
determininq the application to be complete it€; receipt of a complete application by the
department. _The department shall not be considered to be in receipt of a complete
application unless and until such time as the application meets the requirements of ACC
17.16.020, as determined by the director.
A. The planning director shall forward one copy of the proposed let-boundarv
line adjustment plan to the public works and fire department~ who shall review the plan
and submit comments to the planning director within 10 days of receipt.
B. Following receipt of the comments of those consulted under subsection A
of this section, but no later than 15 days following receipt of a complete application, the
planning director shall approve or deny the requested lBt---boundarv line adjustment.-ffi
making a deci€;ion, the director shall make appropriate finding€; of met in ,witing.
Following a decision, the director shall notify the applicant to file a final mvlar drawinq
Ordinance No. 6006
March 29, 2006
Page 15 of 17
for siqnatures. The applicant shall then record the lot line adjustment at the appropriate
King County offices, for properties located in King County, or recorded at the
appropriate Pierce County offices, for properties located in Pierce County. The lot line
adjustment must be recorded within 30 days or the lot line adjustment shall be null and
void. A recorded copy shall also be returned to the city.
C. An aggrieved person may appeal the director's decision on a lot line
adjustment, within 14 days of mailing the Director's decision, to the hearing examiner, in
accordance with procedures prescribed in ACC 18.70.050(B) through (E). The hearing
examiner's decision shall be final unless appealed to the city council prescribed in ACC
18.66.160. (Ord. 51709 1, 1998; Ord. 4840 9 1, 1996; Ord. 4296 9 2, 1988.)
5. AMENDMENT TO CITY CODE. That Section 17.24.010 of the Auburn
City Code (Amendments) is hereby amended to read as follows:
17.24.010 Public hearing and notice.
The planning director shall schedule a public hearing to be held before the
planning commission for any proposal to amend this title or to adopt or repeal any
ordinance under the authority established by Chapter 58.17 RCW. The director shall
cause notice of such hearing to be given as follows;
A By submittinq to the Sl:lte PI3nninq and Community Affairs Aqency n copy of
the proposed ordin:mce or nmendment, toqether with D notice indic3tinq the time 3nd
pl3co of public hominq:
g A. By sending to any individual or organization which has submitted a request
for notification a notice indicating the time and place of public hearing, describing the
general nature of the proposal, and indicating how copies of the proposed ordinance or
amendment can be obtained; and
GB. By publishing in a newspaper of general circulation in the area a notice
indicating the time and place of public hearing, describing the general nature of the
proposal, and indicating how copies of the proposed ordinance or amendment may be
obtained. (Ord. 4840 91,1996; Ord. 4296 9 2, 1988.)
6. SEVERABILITY. The provisions of this Ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
7. IMPLEMENTATION. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Ordinance No. 6006
March 29, 2006
Page 16 of 17
8. EFFECTIVE DATE. This Ordinance shall take effect and be in force five
days from and after its passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
ATTEST:
Danielle E. Daskam,
City Clerk
Publication:
Ordinance No. 6006
March 29, 2006
Page 17 of 17
PETER B. LEWIS
MAYOR