HomeMy WebLinkAboutITEM VIII-A-4
A F
AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Ordinance No. 6221 for Final Plat Application No. Date: December 9, 2008
PLT08-0023
Department: Planning, Building Attachments: See Exhibit list below Budget Impact:
and Community
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6221.
Background Summary:
Apex Engineering on behalf of Lakeland East LLC has made application for the Final Plat of "Lakeland
East". The preliminary plat was approved by the City Council on May 11, 2006 by Resolution No. 4026.
Lakeland East received preliminary plat approval for the subdivision of a 62.06-acre site into 141 single-
family lots with the two remaining lots being reserved for anticipated multi-family development. The
preliminary plat request also included seven tracts for access (Tract F & G), storm drainage (Tract A), a
private park (Tract E), open space (Tract D & F), and a critical area (Tract B). (Tract "C" was not used.)
The property is generally located between 62nd Street SE to the north, former Old Man Thomas Road to
the west, and Sumner Tapps Hwy to the south (Pierce County parcels #0520052034, 0520052035,
0520052036, 0520052037, 0520053061, 0520053062, 0520053063, 0520053064, 0520053028,
0520056014, 0520056015, 0520056017, and 0520056022).
Subsequent to preliminary plat approval, three minor adjustments have been processed and approved by
the Planning Director in accordance with Auburn City Code (ACC) Section 17.06.100. In March 2007, a
reduction in the number of lots from 143 to 132 and a change in the design and use of Tract F to
accommodate 63rd Place SE were approved. In June 2007, a change in the location of the park (Tract E)
from Victoria Avenue SE to 63`d Place SE was approved. In October 2008, reconfiguration of Lots 1 and
2 increasing lot area and a corresponding reduction in the total area of Tract D was approved. The
applicant recently recorded a Boundary Line Adjustment for the portion of the preliminary plat located
south of Lake Tapps Parkway removing one of the two large lots from the Lakeland East plat. The final
plat application reflects these collective changes.
L1215-1
03.5 PLT08-0023
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ® Building ❑ M&O
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ® Parks
❑ Human Services ❑ Planning & CD ® Fire ® Planning
❑ Park Board ❑Public Works ® Legal ❑ Police
❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Norman Staff: Baker
Meeting Date: December 15, 2008 Item Number: VIII.A.4
AUBURN * MORE THAN YOU IMAGINED
Agenda Subject: Ordinance No. 6221 for Final Plat Application No. Date: December 15, 2008
PLT08-0023
The final plat request is for subdivision of a 45-acre site into 130 single-family lots with lot 131 reserved
for multi-family development. The final plat request also includes seven tracts for storm drainage (Tract
A), a critical area (Tract B), utilities (Tract C & G), open space (Tract D), a private park (Tract E), and
access (Tract F & G).
A financial security in lieu of completion of all the plat improvements has been provided to the City.
The City Engineer has signed the Certificate of Improvements accepting the security in lieu of the
applicant completing all of the infrastructure improvements.
The project is subject to the fourth amendment to the Lakeland Annexation and Utilities Agreement. The
plat has been developed in accordance with the Lakeland Hills South Planned Unit Development zoning
district as defined by ACC, Section 18.76. The subdivision proposed for final plat approval conforms to all
terms of the preliminary plat approval. Ordinance No. 6221 approves the final plat of Lakeland East.
Attached for your consideration are the following Exhibits:
Exhibit 1 - Final Plat (map)
Exhibit 2 - Completed Final Plat Application Form
Exhibit 3 - Resolution No. 4026, approving the Preliminary Plat of Lakeland East
Exhibit 4 - SEPA Addendum to FEIS, File No SEP05-0042
Exhibit 5 - The City Engineer's Certificate of Improvements
Exhibit 6 - Proposed Ordinance No. 6221 (approving the Final Plat of Lakeland East)
Page 2 of 2
ORDINANCE NO. 6 2 2 1
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE FINAL PLAT OF LAKELAND EAST
WHEREAS, the City of Auburn received a final plat application for the Plat
of Lakeland East, Application No. PLT08-0023, the final approval of which is
appropriate for City Council action; and
WHEREAS, based on the review given this Plat by the City, the City
Council hereby makes and enters the following:
FINDINGS OF FACT
1. Apex Engineering on behalf of Lakeland East LLC has requested final plat
approval of Lakeland East and all applicable conditions have been met.
2. The preliminary plat was approved by the City Council on May 11, 2006 by
Resolution No. 4026. The plat has been developed in accordance with
the Lakeland Hills South Planned Unit Development zoning district.
3. Subsequent to preliminary plat approval, three minor adjustments have
been processed and approved by the Planning Director in accordance
with Auburn City Code (ACC) Section 17.06.100. In March 2007, a
reduction in the number of lots from 143 to 132 and a change in the
design and use of Tract F to accommodate 63rd Place SE were approved.
In June 2007, a change in the location of the park (Tract E) from Victoria
Avenue SE to 63rd Place SE was approved. In October 2008,
reconfiguration of Lots 1 and 2 increasing lot area and a corresponding
reduction in the total area of Tract D was approved.
4. A Certificate of Improvements has been issued by the City Engineer,
accepting a security in lieu of the applicant completing all of the
infrastructure improvements.
5. The project is subject to the fourth amendment to the Lakeland
Annexation and Utilities Agreement.
6. The Final Plat is in compliance and in conformity with applicable Zoning
and Land Division Ordinances and other applicable land use controls.
Ordinance No. 6221
December 9, 2008
Page 1 of 3
7. The Final Plat is consistent with the comprehensive plan.
8. The Final Plat meets the requirements of Chapter 58.17 RCW.
9. The Final Plat meets the requirements of the Preliminary Plat as
referenced above.
CONCLUSIONS OF LAW
Because the Final Plat is in compliance and in conformity with applicable
Zoning and Land Division Ordinances and other applicable land use controls
of the City and is consistent with the comprehensive plan, and meets the
requirements of Chapter 58.17 RCW and the requirements of the Preliminary
Plat as referenced above, it is appropriate to approve the final Plat.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Approval. Lakeland East, a subdivision involving property
located within the City of Auburn, Washington, which plat is legally described on
Sheet 1 of the Final Plat and set forth in Exhibit "A", attached hereto and
incorporated herein by reference, is hereby approved, and deemed to conform to
the applicable requirements for Plat approval.
Section 2. Constitutionality or Invalidity. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being hereby
expressly declared that this Ordinance and each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed adopted and
approved and ratified irrespective of the fact that nay one or more section,
subsection, sentence, clause or phrase be declared invalid or unconstitutional.
Section 3. Recordation. Upon the passage, approval and publication of
this Ordinance as provided by law, the City Clerk of the City of Auburn shall
Ordinance No. 6221
December 9, 2008
Page 2 of 3
cause this Ordinance to be recorded in the office of the King County Records,
Elections and Licensing Services Division.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 5. Effective Date. 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:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
VHeD. FO KA:
id,
, City Attorney
Published:
Ordinance No. 6221
December 9, 2008
Page 3 of 3
EXHIBIT A
A PARCEL OF LAND LYING WITHIN THE WEST HALF OF SECTION 5
TOWNSHIP 20 NORTH RANGE 5 EAST, OF THE WILLAMETTE MERIDIAN,
CITY OF AUBURN, PIERCE COUNTY WASHINGTON AND MORE
SPECIFICALLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF EVERGREEN 2, AS SHOWN ON
THE PLAT THEREOF RECORDED UNDER AUDITOR'S FILE NUMBER
200010165001, RECORDS OF PIERCE COUNTY, WASHINGTON; THENCE
NORTH 02°01'22" EAST ALONG THE EAST LINE THEREOF AND THE EAST
LINE OF LAKELAND DIVISION III, PHASE II AS SHOWN ON THE PLAT
THEREOF RECORDED UNDER AUDITOR'S FILE NUMBER 9806225001,
RECORDS OF PIERCE COUNTY, WASHINGTON, 673.81 FEET TO THE SOUTH
LINE OF LAKELAND DIVISION III, PHASE I, AS SHOWN ON THE PLAT
THEREOF RECORDED UNDER AUDITOR'S FILE NUMBER 9808055001,
RECORDS OF PIERCE COUNTY, WASHINGTON; THENCE NORTH 89°32'04"
EAST, ALONG SAID SOUTH LINE AND THE SOUTH LINE OF EASTPOINTE 2,
AS SHOWN ON THE PLAT THEREOF RECORDED UNDER AUDITOR'S FILE
NUMBER 200012155001, RECORDS OF PIERCE COUNTY, WASHINGTON,
1184.87 FEET; THENCE SOUTH 13°37'57" EAST 161.80 FEET TO THE
BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, AND HAVING A
RADIUS OF 75.00 FEET; THENCE ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 60°54'08", A DISTANCE OF 79.72 FEET;
THENCE SOUTH 74°32' 05" EAST 94.37 FEET; THENCE SOUTH 31'25'19" EAST
72.00 FEET TO A POINT ON A NONTANGENT CURVE CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 216.00 FEET AND TO WHICH
POINT A RADIAL BEARS SOUTH 31025'19" EAST; THENCE NORTHEASTERLY
AND COUNTER CLOCKWISE, ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 06°20'24", A DISTANCE OF 23.90 FEET; THENCE SOUTH
31039'12" EAST 30.64 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 100.00 FEET; THENCE ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 81°47'33", A
DISTANCE OF 142.75 FEET TO A POINT ON A NONTANGENT CURVE
CONCAVE EASTERLY, HAVING A RADIUS OF 100.00 FEET AND TO WHICH
POINT A RADIAL BEARS NORTH 84°52'59" WEST; THENCE SOUTHERLY AND
COUNTER CLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE 76°28'26", A DISTANCE 133.47 FEET TO A POINT ON A
NONTANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 100.00
FEET AND TO WHICH POINT A RADIAL BEARS, NORTH 67°42'46" WEST;
THENCE SOUTHERLY AND COUNTER CLOCKWISE ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE 43°40' 15", A DISTANCE OF 76.22 FEET
TO A POINT ON A NONTANGENT CURVE CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 100.00 FEET AND TO WHICH POINT A RADIAL BEARS,
NORTH 48°24'21" WEST; THENCE SOUTHERLY AND COUNTER CLOCKWISE
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
38°47'53", A DISTANCE OF 67.72 FEET; THENCE SOUTH 02°47'46" WEST 69.74
FEET; THENCE SOUTH 34°44'48" EAST 80.23 FEET TO A POINT ON THE
NORTH MARGIN OF LAKE TAPPS PARKWAY SOUTHEAST, SAID POINT ALSO
BEING A POINT ON A NONTANGENT CURVE CONCAVE SOUTHEASTERLY
AND HAVING A RADIUS OF 965.00 FEET TO WHICH POINT A RADIAL BEARS,
NORTH 34°44'48" WEST; THENCE SOUTHWESTERLY AND COUNTER
CLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 19°37'43", A DISTANCE OF 330.59 FEET; THENCE CONTINUING
ALONG SAID MARGIN SOUTH 35°37'29" WEST 700.20 FEET TO THE
BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A
RADIUS OF 915.00 FEET; THENCE ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 20°37'52", A DISTANCE 329.47 FEET;
THENCE NORTH 33°44'39" WEST 7.00 FEET TO A POINT ON A NONTANGENT
CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 908.00
FEET AND TO WHICH POINT A RADIAL BEARS, SOUTH 33°44'39" EAST;
THENCE SOUTHERLY AND CLOCKWISE ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 09°25'49" A
DISTANCE OF 149.45 FEET; THENCE NORTH 69°23'07" WEST 35.33 FEET;
THENCE NORTH 24°38'29" WEST 37.96 FEET; THENCE SOUTH 65°21'31" WEST
62.88 FEET; THENCE SOUTH 24°37' 18"
EAST 11.92 FEET; THENCE SOUTH 89°44' 13" WEST 20.84 FEET TO THE
EASTERLY LINE OF PINNACLE ESTATES PHASE 1, AS SHOWN ON THE PLAT
THEREOF RECORDED UNDER AUDITOR'S FILE NUMBER 200509205004,
RECORDS OF PIERCE COUNTY WASHINGTON; THENCE NORTH 17°20'27"
WEST 1183.62 FEET TO THE SOUTH LINE OF THE AFOREMENTIONED
EVERGREEN 2 EXTENDED EASTERLY; THENCE SOUTH 89°09'03" WEST
186.23 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH NEW PARCEL B PER RECORD OF SURVEY FOR BOUNDARY
LINE ADJUSTMENT RECORDED UNDER A.F.N. 200812085006, RECORDS OF
PIERCE COUNTY AUDITOR SITUATED IN THE CITY OF AUBURN, PIERCE
COUNTY, WASHINGTON.
} Number o[PylYlr
CITY OF
AUBURN
WASHINGTON Planning, Building, and Community Department
MASTER LAND USE APPLICATION- PLANNING APPLICATIONS
Project Name Lakeland East Date
052005-2034;2035;2036;2037;
ParcelNo(s) 3052;3053;3062;3063;3064;3028; Site Address 17021 - 7th St. E.
Legal Description (attached separate sheet if necessary) See attached.
Applicant
Name:Apex Engineering, PLLC
Mailing Address: 2601 S. 35th St. Ste. 200 Tacoma, WA 98409
Telephone and Fax: (253)473-4494 F x (25 473-0599
Email:wak i ld@apex ng' eer• .net & s nders@apexengineering.net
Signature:
Owner (if re tha one attach a ther sheet)
Name: L eland East, LLC
Mailing Address: 1302 Puyallup St. Sumner, WA 98390
Telephone and Fax: (253)8R-6 2 0
Email: mwaiss Investco m
Signature:
Engineer/Archrt ture/Other
Name: Apex Engineering Attn: Jerry Wakefield
Mailing Address: 2601 S. 35th St. Ste. 200 Tacoma, WA 98409
Telephone and Fax: (253)473-4494 Fax (253)473-0599
Email:wakefield@apexengineering.net
Description of Proposed Action:
Subdivide approximately 45 acres into 130 single family residential lots
with 7 tracts for public storm, landscaping, open space, utilities, and -
pedestrian access and 1 lot retained-for future development (10.82 Acres).
Type of Application Required Check all that Apply)
Administrative Appeal* Rezone (site specific)* Area Wide
Administrative Use Permit* Short Plat
Annexation* Special Exception*
Boundary Line Adjustment Special Home Occupation Permit*
Comprehensive Plan Amendment (Text or Map)* Substantial Shoreline Development*
Conditional Use Permit* Surface Mining Permit*
Critical Areas Variance* Temporary Use Permit
Development Agreement* Variance*
Environmental Review (SEPA)* *Please note that public notification is
X Final Plat required. A separate cost is charged
Preliminary Plat* for the signs. City prepares signs but
PUD Site Plan Approval applicant responsible for sign posting.
Reasonable Use Exce tion*
Page 1 of 2
AUBURN* MORE THAN YOU MAZINED
CITY o I
UB 4..1 RN
WASHINGTON Planning, Building, and Community Department
LETTER FROM PROPERTY OWNER GRANTING AUTHORIZATION TO ACT
(A copy of this letter must be submitted for each property owner involved)
NAR-n J D.W41s5, pP67S(D6Mr,ZtjVbSTG0F/NAG)44 z-CQPJ *S 1q.4M46VZ cic lAkE MV0
I, e, , being duly sworn declare that I am the owner of the property
(PROPERTY OWNER)
Involved in the application. I hereby grant Jerry Wakefield & Staci Saunders
of Apex Engineering, PLLC to act on my behalf. I further declare that all
statements, answers, and information herein submitted is in all respects true and correct to the
best of my knowledge anT V, C5,=+be--r 2?_. 2008
Martin D. Waiss, President - Investco Financial Date
Corporation as Manager of Lakeland East L.L.C.
1302 Puyallup St.
Sumner, WA 98390
Address
Subscribed and sworn to before me this 2Z H~ day of 664akw-r, 2.o oh'
Notary Public in and for the State of Washington, ZY~2
Residing at 9c AAjty r 4. P,
STEPHEN A. BURNHAM
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
NOVEMBER 29, 2011
Page 2 of 2
UBURN*MOR.E THAN YOU IMAGINED
a
LBQAL DESCR~TION
A PARCEL OF LAND LYING WITHIN THE WEST HALF OF SECTION 5 TOWNSHIP 20 NORTH RANGE 5 EAST, OF THE
WILLAMETTE MERIDIAN, CITY OF AUBURN, PIERCE COUNTY WASHINGTON AND MORE SPECIFICALLY DESRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF EVERGREEN 2, AS SHOWN ON THE PLAT THEREOF RECORDED UNDER
AUDITOR'S FILE NUMBER 200010165001, RECORDS OF PIERCE COUNTY, WASHINGTON; THENCE NORTH 02'01'22" EAST
ALONG THE EAST LINE THEREOF AND THE EAST LINE OF EVERGREEN AS SHOWN ON THE PLAT THEREOF RECORDED
UNDER AUDITOR'S FILE NUMBER 9806225001, RECORDS OF PIERCE COUNTY, WASHINGTON, 673.81 FEET TO THE SOUTH
LINE OF EASTPOINTE, AS SHOWN ON THE PLAT THEREOF RECORDED UNDER AUDITOR'S FILE NUMBER 9808055001,
RECORDS OF PIERCE COUNTY, WASHINGTON; THENCE NORTH 8932'04" EAST, ALONG SAID SOUTH LINE AND THE SOUTH
LINE OF EASTPOINTE 2. AS SHOWN ON THE PLAT THEREOF RECORDED UNDER AUDITOR'S FILE NUMBER 200012155001,
RECORDS OF PIERCE COUNTY, WASHINGTON, 1184.87 FEET; THENCE SOUTH 13'37'57" EAST 161.80 FEET TO THE
BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, AND HAVING A RADIUS OF 75.00 FEET; THENCE ALONG THE ARC OF
SAID CURVE. THROUGH A CENTRAL ANGLE OF 60'54'08 A DISTANCE OF 79.72 FEET; THENCE SOUTH 7432'05" EAST
94.37 FEET; THENCE SOUTH 31'25'19" EAST 72.00 FEET TO A POINT ON A NONTANGENT CURVE CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 216.00 FEET AND TO WHICH POINT A RADIAL BEARS SOUTH 31'25'19" EAST;
THENCE NORTHEASTERLY AND COUNTER CLOCKWISE, ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE OF
06'20'24", A DISTANCE OF 23.90 FEET; THENCE SOUTH 31'39'12" EAST 30.64 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHERLY AND HAVING A RADIUS OF 100.00 FEET; THENCE ALONG THE ARC OF SAID CURVE. THROUGH A
CENTRAL ANGLE OF 81'47'330, A DISTANCE OF 142.75 FEET TO A POINT ON A NONTANGENT CURVE CONCAVE EASTERLY,
HAVING A RADIUS OF 100.00 FEET AND TO WHICH POINT A RADIAL BEARS NORTH 8452'59" WEST. THENCE SOUTHERLY
AND CLOCKWISE ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE 7628'26". A DISTANCE 133.47 FEET TO
A POINT ON A NONTANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS 100.00 FEET AND TO WHICH POINT A RADIAL
BEARS, NORTH 67'42'46" WEST; THENCE SOUTHERLY AND COUNTER CLOCKWISE ALONG THE ARC OF SAID CURVE.
THROUGH A CENTRAL ANGLE 43'40'150. A DISTANCE OF 76.22 FEET TO A POINT ON A NONTANGENT CURVE CONCAVE
SOUTHEASTERLY. HAVING A RADIUS OF 100.00 FEET AND TO WHICH POINT A RADIAL BEARS. NORTH 4824'21" WEST;
THENCE SOUTHERLY AND COUNTER CLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
38'47'53 A DISTANCE OF 67.72 FEET; THENCE SOUTH 02'4746" WEST 69.74 FEET, THENCE SOUTH 34'44'48" EAST
80.23 FEET TO A POINT ON THE NORTH MARGIN OF LAKE TAPPS PARKWAY EAST, SAID POINT ALSO BEGINNING A POINT
ON A NONTANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 965.00 FEET TO WHICH POINT A
RADIAL BEARS. NORTH 3444-48- WEST; THENCE SOUTHWESTERLY AND COUNTER CLOCKWISE ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 1937'43 A DISTANCE OF 330.59 FEET, THENCE CONTINUING ALONG SAID
MARGIN SOUTH 3537'29" WEST 700.20 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A
RADIUS OF 915.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2037'52". A
DISTANCE 329.47 FEET; THENCE NORTH 33'4.4!390 WEST 7.00 FEET TO A POINT ON A NONTANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 908.00 FEET AND TO WHICH POINT A RADIAL BEARS. SOUTH 33'44'39" EAST;
THENCE SOUTHERLY AND CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0925'49' A
DISTANCE OF 149.45 FEET; THENCE NORTH 69'23'07" WEST 35.33 FEET; THENCE NORTH 2438'290WEST 37.96 FEET;
THENCE SOUTH 65'21'31" WEST 62.88 FEET; THENCE SOUTH 24-018" EAST 11.92 FEET; THENCE SOUTH 89'44'13" WEST
20.84 FEET TO THE EASTERLY LINE OF PINNACLE ESTATES PHASE 1, AS SHOWN ON THE PLAT THEREOF RECORDED
UNDER AUDITOR'S FILE NUMBER 200509205004, RECORDS OF PIERCE COUNTY WASHINGTON; THENCE NORTH 1720'27"
WEST 1183.62 FEET TO THE SOUTH LINE OF THE AFOREMENTIONED EVERGREEN 2 EXTENDED EASTERLY; THENCE SOUTH
89'09'03" WEST 186.23 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH NEW PARCEL B PER RECORD OF SURVEY FOR BOUNDARY LINE ADJUSTMENT RECORDED UNDER
A.F.N. RECORDS OF PIERCE COUNTY AUDITOR SITUATED IN THE CITY OF AUBURN. PIERCE COUNTY,
WASHINGTON.
.z
Ez6ibit~..
.
Number dPft"
RESOLUTION NO. 4026
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING A
PRELIMINARY PLAT APPLICATION TO SUBDIVIDE
62.06 ACRES INTO 143 LOTS AND VARIOUS
TRACTS FOR FUTURE RESIDENTIAL
DEVELOPMENT WITH THREE PLAT
MODIFICATIONS, WITHIN THE CITY OF AUBURN,
WASHINGTON
WHEREAS, Application No. PLT05-0006, dated December 22, 2005, has
been submitted to the City of Auburn, Washington, by Apex Engineering on
behalf of Lakeland East LLC, requesting approval of a preliminary plat application
to subdivide 62.06 acres into 143 lots for future residential development with
three plat modifications, and street and utility tracts within the City of Auburn,
Washington; and
WHEREAS, said request above was referred to the Hearing Examiner
for study and public hearing thereon; and
WHEREAS, following staff review, the Hearing Examiner conducted a
public hearing to consider said petition in the Council Chambers of the Auburn
City Hall on April 18, 2006, of which the Hearing Examiner recommended
approval of the preliminary plat subject to conditions on May 3, 2006; and
WHEREAS, the City Council, at its meeting of May 11, 2006, considered
and affirmed the Hearing Examiner's recommendation for preliminary plat based
upon the Findings of Fact, Conclusions and Recommendation which is attached
hereto as Exhibit "A".
Resolution 4026
May 11, 2006
Page 1 of 5
Section 1. The Hearing Examiner's Findings, Conclusions and
Recommendation attached hereto as Exhibit "A" are herewith approved and
incorporated in this Resolution.
Section 2. The request for preliminary plat approval to subdivide 62.06
acres into 143 lots for future residential development, and street and utility tracts
within the City of Auburn, legally described in Exhibit "B" attached hereto and
incorporated herein by this reference, is hereby approved subject to the following
conditions:
1. In accordance with the conditions outlined in the Minor Adjustment to
the Lakeland Hills South PUD, dated January 26, 2006, the Fourth
Amendment to the Lakeland Hills South Agreement shall included the
"Walker Parcel" (Pierce County Tax Parcel 0520056015) and be
recorded prior to the final plat approval.
2. Prior to commencement of any grading activities, the
Applicant/Developer shall staked, flagged, fence, and sign the buffers
for Wetland B, Wetland BB, Wetland C, and Wetland F. Wetland
signage content and location shall be subject to approval by the City of
Auburn Director of Planning, Building, and Community Development.
3. The plat shall meet all conditions of the Lakeland Hills South
Development Agreement, as amended.
4. As part of the engineering/construction drawings submitted for
construction of the plat, the Applicant/Developer shall also submit
engineering/construction drawings for the construction of all park
improvements. The park improvements shall be subject to approval by
the City of Auburn Parks Director. Approval must be received prior to
approval of the construction drawings for the public infrastructure of the
plat. The materials supplied and installed must meet current City
Parks, Arts, and Recreation Department standards and by approved by
the Parks Director prior to installation and final plat approval.
5. Prior to final plat approval, the Applicant/Developer shall coordinate
and complete the abandonment of the existing public sewer pump
station located upon the subject property. This abandonment shall
include the salvaging of all electrical and mechanical equipment for
delivery to the City of Auburn's Sanitary Sewer Utility.
Resolution 4026
May 11, 2006
Page 2 of 5
6. The Applicant/Developer shall construct on-site gravity sanitary sewer
lines and off-site gravity sanitary sewer lines. These new sewer lines
shall connect to a new public pump station located per an approved
basin study with the City of Auburn. All sewer lines shall be designed
to Auburn Design Standards.
7. The Applicant/Developer shall construct the off-site sewer pump
station or, in the alternative, wait until the pump station is completed by
another developer. If the pump station is completed by another
developer, the Applicant shall pay a payback fee for their pro rate
share of the costs associated with the construction of the pump station.
8. All sanitary sewer lines located outside of the public right-of-way shall
be placed within tracts. Tracts shall be a minimum width of 15 feet,
centered over the sewer line. These tracts shall be deeded over to the
City's Sanitary Sewer Utility.
9. Prior to final plat approval, all existing septic tanks shall be abandoned
pursuant to Tacoma-Pierce County Health Department regulations.
Copies of the approved abandonment documents from Tacoma-Pierce
County Health Department shall be provided to the City prior to the
commencement of any site grading.
10. Prior to review of civil plans, and as part of the final application
submittal, the Applicant shall provide a current Certificate of Water
Availability from the City of Bonney Lake.
11. Prior to final plat approval, the Applicant/Developer shall abandon all
existing water wells pursuant to Washington State and Tacoma-Pierce
County Health Department regulations. The Applicant shall
deed/transfer the water rights for said wells to the'City of Auburn.
12. Prior to final plat approval, the Applicant/Developer shall construct a
center landscaped median on Thomas Avenue SE. The median shall
extend the full length of Thomas Avenue SE from Lake Tapps Parkway
SE to the northern border of the plat. The median shall be construction
to the satisfaction of the City Engineer.
13. Prior to final plat approval, the Applicant/Developer shall create a
combined 30-foot wide utility and pedestrian access easement
adjacent to Lot 141. The easement shall extend between the Plat and
Lake Tapps Parkway SE.
14. Prior to final plat approval, the Applicant/Developer shall dedicate right-
of-way and construct all roads within the plat, with the exception of
Resolution 4026
May 11, 2006
Page 3 of 5
Thomas Avenue SE, as local residential roads to City of Auburn
Standards except where plat modifications (deviation requests) are
granted by the City Council.
15. Prior to final plat approval, the Applicant/Developer shall dedicate right-
of-way and construct Thomas Avenue SE as a residential collector.
16. Prior to final plat approval, the Applicant/Developer shall construct the
fourth leg of the signalized intersection of Thomas Avenue SE and
Lake Tapps Parkway SE.
17.The final plat shall include a note that states: No direct residential
access to Thomas Avenue SE is permitted.
18. Sight distance triangles shall be dedicated as public right-of-way within
the plat or as an easement outside of the plat.
19. Street trees shall be subject to approval by the City Engineer. A
separate approval block shall be shown on the landscape plans for that
purpose.
20. The final plat drawing shall include addresses for each lot as assigned
by the City.
21.Asbestos containing materials shall be removed prior to demolition of
all on-site structures. Disposal of the materials shall be done in
accordance with the requirements of the Puget Sound Clean Air
Agency, Washington State Department of Labor and Industries, and
the Tacoma-Pierce County Health Department.
22.Any required Washington State Forest Practices approval shall be
obtained prior to site clearing, grading, or logging. Verification of
meeting Washington State Department of Natural Resources Forest
Practices requirements shall be provided to the City prior to the
issuance of any grading permits.
23.A Washington State Department of Ecology Construction Stormwater
General Permit shall be required prior to the issuance of any grading
permits.
24.As provided in ACC 19.02, the Applicant/Developer shall pay school
impact mitigation fees to the Auburn School District. Payment of
mitigation fees is required at the time of building permit issuance.
Resolution 4026
May 11, 2006
Page 4 of 5
25.A traffic impact fee equivalent to the fee being collected for the
Lakeland Hills South PUD shall be paid at the time of building permits
for individual homes.
26.A fire impact fee equivalent to the fee being collected for the Lakeland
Hills South PUD shall be paid at the time of building permits for
individual homes.
27. The Applicant/Developer shall comply with all mitigation measures as
provided in the Final EIS issued for Lakeland Hills, July 1992.
Section 3. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 4. This Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of , 2006.
CI AUBU
PETER B. LEWIS,
MAYOR
ATTEST:
Dal le E. Daskam,
City Clerk
AP 7ielB. D F M:
e id,
City Attorney
Resolution 4026
May 11, 2006
Page 5of5
BEFORE THE HEARINGS EXAMINER
FOR THE CITY OF AUBURN
In the Matter of the Application of ) NO. PLT05-0006
LAKELAND EAST LLC, )
By Apex Engineering } FINDINGS, CONCLUSIONS
AND RECOMMENDATION
For a Preliminary Plat )
SUMMARY OF RECOMMENDATION
The Hearing Examiner for the City of Auburn recommends to the Auburn City Council that a
request for a preliminary plat to subdivide approximately 62.06 acres into 141 single family
residential lots, two multi-family residential lots, and six tracts to provide stormwater facilities,
utility easements, pedestrian access, open space, parkland, wetland protection, and shared access,
be APPROVED, subject to conditions. In addition to this request, the Hearing Examiner
recommends that the three waiver requests made by the Applicant in regards to City road
standards be APPROVED.
SUMMARY OF RECORD
Request:
Lakeland East LLC, through its agent Apex Engineering, requests approval of a preliminary plat
for the subdivision of approximately 62.06 acres into 141 single family residential lots, two
multi-family residential lots, and six tracts to provide stormwater facilities, utility easements,
pedestrian access, open space, parkland, wetland protection, and shared access. The subject
property is located generally east of Old Man Thomas Road, south of 62nd Street SE, and north
of Lake Tapps Parkway, adjacent to the area known as the "Lakeland Hills Planned Unit
Development" in the City of Auburn, Pierce County, Washington. The Lakeland Hills
neighborhood, has been under construction by the same developer since the early 1990s.
Lakeland East LLC also made three deviation requests. The Applicant is requesting deviation
from certain road standards to promote vehicular and pedestrian safety, aesthetics, and
reasonable use of the site.
Hearing Date:
An open record hearing on the request was held before the Hearings Examiner for the City of
Auburn on April 18, 2006.
Findings, Conclusions & Decision
Hearings Examiner for the City of Auburn
Lakeland East LLC Rezone/PUD Amendment
Page 1 of 15
i
Testimony:
At the open record hearing the following individuals presented testimony under oath
1. Steve Pilcher, Planner, City of Auburn
2. Stacey Borland, Planner, City of Auburn
3. Jeffrey Mann, Project Manager, Apex Engineering, Applicant's Representative
4. Sean Martin, Investco Financial Services - Managing Partner of Lakeland Hills LLC
Exhibits:
At the open record hearing the following exhibits were admitted as part of the official record:
1. Staff Report, dated April 12, 2006
2. Site Map
3. Notice of Application, dated March 17, 2006
4. Notice of Public Hearing
5. Confirmation of Publication of Notice of Public Hearing
6. Addendum to Final Environmental Impact Statement of Lakeland Hills, issued March 31,
2006
7. Preliminary Plat Application, received December 22, 2006
8. Preliminary Plat Map - Lakeland East (2 sheets)
9. Conceptual Grading Plan - Lakeland East (1 sheet)
10. Conceptual Utility Plan - Lakeland East (1 sheet)
11. Sight Distance Triangle Exhibit - Lakeland East (4 sheets)
12. Preliminary Landscape Plan - Lakeland East (7 sheets)
13. Conceptual Grading Plan - Lakeland East (1 sheet)
14. Lakeland East Wetland and Stream Analysis Report, prepared By B-12 Wetland
Consulting, dated March 17, 2006
15. Preliminary Storm Drainage Report, prepared by Apex Engineering, dated February 13,
2006
16. Correspondence from City of Auburn to Applicant, dated January 26, 2006 RE: Zoning
Code Interpretation - Minor Adjustment to PUD
17. Correspondence from Investco Financial to City of Auburn, dated December 21, 2005
RE: Master Landscaping Plan
18. Correspondence from Investco Financial to City of Auburn, dated December 21, 2006
RE: Master Signage Plan
19. Correspondence from Apex Engineering to City of Auburn, dated April 7, 2006 RE:
Road Deviation Request # 1
20. Correspondence from Apex Engineering to City of Auburn, dated April 7, 2006 RE:
Road Deviation Request #2
21. Correspondence from Apex Engineering to City of Auburn, dated April 7, 2006 RE:
Road Deviation Request #3
22. City of Auburn Ordinance 5891, adopted December 20, 2004 RE: Adoption of
Comprehensive Plan Map and Text Amendments
23. Affidavit of Posting of Legal Notice
Findings, Conclusions & Recommendation
Hearings Examiner for the City of Auburn
Lakeland East LLC Plat - PLT05-0006
Page 2 of 15
24. Affidavit of Mailing of Legal Notice
25. Correspondence from Apex Engineering to City of Auburn, dated April 14, 2006 RE:
Conditions of Approval
Upon consideration of the testimony and exhibits admitted at the open record hearing, the
Hearing Examiner enters the following Findings and Conclusions:
FINDINGS
1. The Applicant, through its agent Apex Engineering, requests approval of a preliminary
plat to subdivide approximately 62.06 acres into 141 single family residential lots, two
multi-family residential lots, and six tracts to provide stormwater facilities, utility
easements, pedestrian access, open space, parkland, wetland protection, and shared
access. The property is generally located east of Old Man Thomas Road, south of 62n
Street SE, and north of Lake Tapps Parkway SE. Lakeland East LLC is the same
developer who has been constructing the Lakeland Hills PUD since the early 1990s.
Exhibit 1, Staff report, Pages 1 and 3; Testimony of Pilcher.
2. Applicant's application includes 11 parcels that are the subject of the plat. All parcels
are located within Pierce County and are referenced by Pierce County Tax Assessor's
parcel numbers 0520052034, 0520052035, 0520052036, 0520052037, 0520053028,
0520053052, 0520053053, 0520056014, 0520056015, 0520056015, 0520056017, and
0520056022. Exhibit 3, Notice of Application; Exhibit 8, Preliminary Plat Map.
3. Notice of the public hearing was posted on the property on April 10, 2006. Notice of the
public hearing was mailed to all property owners located within 300 feet of the affected
site on April 10, 2006. Notice of the public hearing was published in the King County
Journal on April 7, 2006. The notice provided in this matter erroneously stated that the
property was "generally located between 52nd Street SE to the north the property is
located south of "62°d Street SE." Exhibits 4, 5, 23, and 24.
4. No public comment on the preliminary plat application was received in advance of the
hearing nor was public testimony presented at the hearing.
5. The preliminary plat and a major amendment to the Lakeland Hills PUD were
consolidated into one proceeding at the public hearing.
6. City of Auburn Ordinance 5891 approved and enacted the Comprehensive Plan
Amendments as set forth in its attached documents and maps identified as "Exhibit A".
Exhibit A, entitled "CPM#1", included a Site Map with areas affected by the amendment
shown by `hatch markings.' The subject property is contained with Area 16. Exhibit 2,
Findings, Conclusions & Recommendation
Hearings Examiner for the City of Auburn
Lakeland East LLC Plat - PLT05-0006
Page 3 of 15
Vicinity Map; Exhibit 22, Ordinance 5891 - CPM#1 Proposed Comprehensive Plan Map
Amendment.
7. A portion of the plat would be developed on a 2.52 acre parcel of land labeled the
"Walker Parcel" (Pierce County Tax Parcel 0520056015). This parcel was not included
within the original Lakeland Hills PUD. Pursuant to ACC 18.76.170, the Planning
Director has the authority to approve `minor adjustments' to the Lakeland Hills South
PUD. Adjustments are minor if the do not affect permitted densities, change the basic
character or condition of the PUD, or increase/decrease the perimeter boundaries by more
than ten percent. The Walker parcel accounts for less than ten percent of the overall
proposed plat and development, at the proposed density, would not increase the permitted
density. Based on these factors, on January 26, 2006, the Planning Director approved
the minor adjustment, amending the Lakeland Hills South PUD Agreement to reflect the
inclusion of the Walker Parcel. Exhibit 1, Staff Report, Page 4; Exhibit 16, Director's
Approval of Minor Adjustment; Testimony of Borland.
8. Ordinance 5981, adopting the Comprehensive Plan Map and Text Amendments for the
Lakeland Hills PUD included specific provisions for the northernmost 20 acres adjacent
to and contiguous with the neighborhoods of Eastpointe and Evergreen. The provisions
provides that no "for rent, semi-detached, or attached housing products" shall be
developed in this area and that development "shall be restricted to utilizing the
development standards no more intense than Single Family Detached (SFD) provisions of
ACC Chapter 18.76." The Applicant proposed single-family detached residential lots
within this area; multi-family would be located at the southern border. Exhibit 1, Staff
Report, Pages 5-6; Exhibit 22, Ordinance 5981 with Attachment; Testimony of Borland;
Testimony of Pilcher; Testimony of Mann.
9. Surrounding land uses consist of residential development and vacant lands. Residential
development of low and moderate densities is located in the surrounding areas with
existing higher density PUD development of Lakeland Hills to the north, east, and west.
Plat Exhibit 1, Staff Report, Page 2.
10. The subject property is zoned Lakeland Hills South PUD and designated as Moderate
Density Residential under the City's Comprehensive Plan. Lakeland Hills South is a
Planned Unit Development District (PUD) that was established by Pierce County's
approval of the Lakeland Hills South Planned Development District. The PUD was
accepted by the City as an approved PUD in 1998. The purpose of a PUD district is to
offer enhanced flexibility in developing a site through the use of innovative and
alternative development standards. A PUD district allows a greater range of residential
development scenarios, provides for internal transfers of density, and may result in more
dwelling units. In exchange for this enhanced flexibility, the PUD must provide a
significantly higher quality of development, generate more public benefit, and be a more
sensitive proposal. ACC 18.76010; Ordinance 5092 (May 4, 1998; Plat Exhibit 1, Staff
Report, Pages 1-2
Findings, Conclusions & Recommendation
Hearings Examiner for the City of Auburn
Lakeland East LLC Plat - PLT05-0006
Page 4 of 15
11. Lot numbers 1 to 141 are proposed for single family development. The Applicant
proposed a minimum lot area of 4,050 square feet, with an average lot area of 5,381
square feet. Single family density would be 3.56 dwelling units per acre (du/acre). This
density is consistent with the zoning code and the Moderate Density Residential
Comprehensive Plan density of two to 14 du/acre. Plat Exhibit 1, Staff Report, Page 3;
Plat Exhibit 8, Preliminary Plat Map; Testimony of Borland.
12. Lot numbers 142 and 143 are proposed for multi-family development. Lot 142 is
approximately 11.02 acres. Lot 143 is approximately 11.44 acres. Plat Exhibit 1, Staff
Report, Page 3; Plat Exhibit 8, Preliminary Plat Map; Testimony of Borland.
13. Development standards for the Lakeland Hills PUD are contained within ACC 18.76.060.
The Applicant proposed to develop the 141 single family residential lots to SFD-5
standards (ACC 18.76.060(B)(2)). The Applicant proposed to develop the two multi-
family residential lots to MFA-1 standards (ACC 18.76.060(B)(3)). The Applicant would
like to retain the option of developing the two multi-family lots to SFD-5 standards. ACC
18.76.060; Plat Exhibit 1, Staff Report, Pages 3 and 6.
14. A Final Environmental Impact Statement (EIS) was issued for the Lakeland Hills South
PUD in 1992. On March 31, 2006, after review of the requested preliminary plat, the
City issued an Addendum to the Final EIS for the Lakeland Hills South PUD with no
modifications to the Final EIS mitigation measures. Plat Exhibit 1, Staff Report, Page 6;
Plat Exhibit 6, Addendum to Final EIS; Plat Exhibit 14, Lakeland East Wetland and
Stream Analysis Report; Testimony of Borland,- Testimony of Pilcher.
15. The Applicant retained B-12 Wetland Consulting to prepare an updated wetland and
stream report for the subject property. The report notes that three wetlands exist on the
site. Wetland B (65,315 square feet) and Wetland C (6,472 square feet) are both category
II wetlands that are located in the eastern portion of the site. Pursuant to ACC
16.10.090(E), a category II wetland requires a minimum 50 foot buffer. The consultants
recommended a 75 foot buffer for both Wetland B and Wetland C, stating that the
increased would be needed to adequate protect the wetlands' functions and values.
Wetland F (440 square feet) is a category III wetland located in the north/northeastern
portion of the site. Pursuant to ACC 16.10.090(E), a category III wetland requires a
minimum 25 foot buffer. The consultants concluded that a 25 foot buffer was adequate
for Wetland F since the wetland provided minimal water quality and hydrological
functions and very little habitat value. In addition to the delineated wetlands, an area
located just south of Wetland C which had previously been listed as a wetland (Wetland
S) was determined to not be a wetland but a non-wetland depression area. ACC
16.10.090; Plat Exhibit 1, Staff Report, Page 6; Plat Exhibit 14, Wetland and Stream
Analysis Report; Testimony of Borland.
Findings, Conclusions & Recommendation
Hearings Examiner for the City of Auburn
Lakeland East LLC Plat - PLT05-0006
Page 5 of 15
16. The proposal is within the Auburn School District. In Washington State, ample provision
for the education of children is a paramount duty of the state.' This requirement is
further stated in the laws of the State and the City of Auburn. RCW 58.17.110 requires
that subdivisions make appropriate provisions for the general welfare of the community,
including provisions for schools and for safe walking conditions for students. RCW
36.70A.020(12) states that when a City is plans for growth, it is to ensure that public
services, such as schools, that are necessary to support development are adequate to serve
the development. ACC 17.060.070(A) states that a subdivision must make adequate
provisions for the general welfare of the community, including schools. The Applicant
stated that they have met with the Auburn School District. According to the Applicant,
the School District anticipates that students would walk to Thomas Avenue SE, a
residential arterial with a landscaped median strip, to access bus transportation.
Recommended conditions of approval would include the payment of school impact fees,
as provided by ACC 19.02. Plat Exhibit 1, Staff Report, Page 5; Testimony of Mann.
17. As part of the original Lakeland Hills PUD, a Master Landscaping Plan was prepared by
Apex Engineering in July 2001. The Plan applies to all areas within the boundary of the
PUD. Landscaping includes planting strips with street trees and median plantings. The
stormwater drainage facility would be aesthetically landscaped to City standards. Park
land and open space would be landscaped, with retention of native woodland-transitions
areas. City Staff determined that the proposed landscaping is consistent with the July
2001 Master Landscaping Plan. Plat Exhibit 1, Staff Report, page 4; Plat Exhibit 12,
Preliminary Landscape Plan; Exhibit 17, Correspondence - RE. Master Landscaping
Plan.
18. As part of the original Lakeland Hills PUD, a Master Signage Plan was prepared by Apex
Engineering in August 2002. The Plan outlines a comprehensive signage and monument
program to ensure consistency of such features throughout the Lakeland Hills PUD. The
Applicant proposed to install entry monuments at the northwest corner of the site, on
either side of 62°d Street SE and at the southern border of the site, adjacent to Lake Tapps
Parkway SE. City Staff determined that the proposed signage is consistent with the
August 2002 Master Signage Plan. Plat Exhibit 1, Staff Report, Page 4; Plat Exhibit 8,
Preliminary Plat Map; Plat Exhibit 18, Correspondence - RE: Master Signage Plan.
19. The Applicant requests three deviations or waivers from road design standards of the City
of Auburn. Road Deviation No. 1 seeks to deviate from the standard road grade of six
percent for short segments of 63`d Street SE and 65th Street SE. The Applicant stated that
the justification for the deviation was the existing topography of the site and the grading
required accommodating the proposed street system and lots while minimizing impacts to
offsite areas and wetlands. Road Deviation No. 2 seeks to deviate from the required 375-
foot centerline curve radius for some of the proposed roadway curves. The Applicant
stated that compliance with this standard would encourage higher vehicle speeds
Washington State Constitution, Art. 9, §1
Findings, Conclusions & Recommendation
Hearings Examiner for the City of Auburn
Lakeland East LLC Plat - PLT05-0006
Page 6 of 15
throughout the plat and affect their ability to provide the required 90 degree intersection
angles. This deviation would apply to two centerline radius curves for Stuart Avenue SE
and 63~d Street SE, two centerline radius curves for Thomas Place SE, one centerline
radial curve for 66th Street SE, and a centerline radial curve for. Udall Avenue SE. Road
Deviation No. 3 seeks a deviation to allow the placement of a landscape strip directly
behind the curb on both sides of the street. Current City Public Works standards require
the landscape strip to be located between the sidewalk and the curb on one side of the
road while on the opposite side the sidewalk is adjacent to the curb. The deviation
would allow for uniformity on both sides of the road. City Staff concurs with the
Applicant's analysis of the deviation requests. As provided in ACC 17.18.010(A), the
Hearing Examiner may recommend, and the City Council may approve, a modification to
any standard or specification required by ACC Chapter 17.12 - Subdivision
Improvements. Exhibit 1, Staff Report, Page 5; Exhibit 19, 20, and 21 Deviation
Requests.
20. All proposed roadways within the Plat would be developed to City of Auburn standards
and dedicated as public streets. Internal plat roads, except for Thomas Avenue SE, would
be designed to "Local Residential" standards which include two - 14 foot wide drive
lanes, curbs and gutters, a landscaping strip on one side of the roadway, sidewalks of both
sides of the roadway, and illumination. Exhibit 1, Staff Report, Page 4; Exhibit 8,
Preliminary Plat Map.
21. The original design of Thomas Avenue SE was to be to "Residential Collector Arterial"
standards which include two - 18 foot drive lanes, curbs and gutters, landscaping strips
and sidewalks on both sides of the roadway, and illumination. However, the City
Engineer determined that to mitigate for increased traffic (volume and speed), ensure safe
pedestrian crossings, and protect turning movements that Thomas Avenue SE should be
designed with a center landscaped median from Lake Tapps Parkway SE to the Plat's
northern border. Exhibit 1, Staff Report, Page 4; Exhibit 8, Preliminary Plat Map;
Comprehensive Transportation Plan Policy TR-77; Testimony of Pilcher.
22. There are several existing single-family residence and associated outbuildings located on
the subject property. All existing structures would be removed to accommodate the new
development. Existing on-site septic systems and wells must be abandoned. Septic
systems must be abandoned pursuant to Tacoma-Pierce County Health Department
requirements. Wells must be abandoned pursuant to Washington State Department of
Ecology and Tacoma-Pierce County Health Department requirements. Water rights for
all abandoned wells are to be deeded/transferred to the City as required by ACC
13.06.150(C).2 Plat Exhibit 1, Staff Report, Page 4; Plat Exhibit 8, Preliminary Plat
Map.
2 City Staff stated that ACC 13.06.150(C) was passed by the Auburn City Council, Ordinance 5974, January 19,
2006. The Hearing Examiner was not able to verify this statement. Although City Council minutes from January
and February refer to Ordinance 5974, there is no record of this ordinance being passed by the Council. As such,
Findings, Conclusions & Recommendation
Hearings Examiner for the City of Auburn
Lakeland East LLC Plat - PLT05-0006
Page 7 of 15
23. The proposed plat would connect to City of Bonney Lake water. A Certificate of Water
Availability was not submitted into the record. The Applicant testified that they are in
the process of reaching agreement with the City of Bonney Lake and that preliminary
analysis demonstrates capacity. Plat Exhibit 1, Staff Report, Page 4; Plat Exhibit 7,
Preliminary Plat Application; Plat Exhibit 8, Preliminary Plat Map; Testimony of Mann.
24. The proposed plat would connect to City of Auburn sanitary sewer. The Applicant must
abandon an on-site public sanitary sewer pump and construct an off-site pump station.
In the alternative, the Applicant may wait until another developer constructs the pump
station and then contribute a proportional payback fee. The Applicant would construct
gravity sanitary sewer lines to City of Auburn standards. All sewer lines located outside
of the public right-of-way are to be contained within 15 foot wide tracts. All tracts
would be deeded to the City's sanitary sewer utility. Exhibit 1, Staff Report, Page 7;
Exhibit 10, Conceptual Utility Plan.
25. The Applicant retained Apex Engineering to prepare a Preliminary Storm Drainage
Report (Exhibit 15). The purpose of the report was to determine detention/water quality
pond size to address stormwater control of the site. The Applicant proposed a single
storm drainage facility, located in Tract A on the eastern portion of the site. The pond
would outlet to the wetland/closed depression which bounds Tract A to the east. The
pond would release at a rate equivalent to the 2-Year Strom, 10-25-100 year existing flow
rate. It was determined that increased run-off volume generated by the proposed plat
would have a negligible impact on the adjacent wetland. Exhibit 15, Preliminary Storm
Drainage Report.
26. ACC 17.12.260 generally requires a subdivision capable of supporting 50 more
residential dwelling units to provide park land. The dedication of park land was
addressed in the PUD agreement and has been satisfied within the PUD as a whole. No
additional park land dedication is required. ACC 17.12.260; Testimony of Pilcher;
Testimony of Borland.
27. Although not required, the Applicant proposed Tract E, a 3,255 square foot area located
at the northeastern edge of the site, as a neighborhood park to be dedicated to the City.
A play structure and picnic table would be provided. The tract would be aesthetically
landscaped. In between Lot 141 (single family) and Lot 142 (multi-family) is a 30 foot
wide pedestrian pathway easement. The pathway, which would be designed to City
standards, would provide access to Lake Tapps Parkway SE. Exhibit 1, Staff Report,
Page 4; Exhibit 8, Preliminary Plat Map; Exhibit 8 - Landscape Plan, Sheet L-5;
Comprehensive Transportation Plan Policy TR-4.
any condition of approval that seeks to utilize this provision would not be authorized until such time as the City
passes this Ordinance.
Findings, Conclusions & Recommendation
Hearings Examiner for the City of Auburn
Lakeland East LLC Plat - PLT05-0006
Page 8 of 15
28. The plat would be a subordinate community within the Lakeland Hills PUD and under
the Conditions, Covenants, and Restrictions (CC&Rs) administered by the Master
Lakeland Homeowners Association. Exhibit 25.
29. The developers of Lakeland Hills PUD and the Auburn City Council have entered into an
agreement to address traffic and fire impacts fees unique to Lakeland Hills. The fire
impacts fees were assessed to address fire department service in the remote location of
the PUD and the lack of a fire station within close proximity to the PUD. Conditions of
approval would require the Applicant to pay these specific impact fees. Exhibit 1, Staff
Report, Page 5; Testimony of Pilcher.
CONCLUSIONS
Jurisdiction
Pursuant to Auburn City Code 18.66, the Hearings Examiner is granted jurisdiction to hear and
make recommendations to the City Council. Jurisdiction for the Hearings Examiner to make
recommendations for an application for a preliminary plat is pursuant to ACC 14.03.040(A) and
17.06.050. As provided in ACC 17.18.010(A), the Hearing Examiner may make
recommendations for a modification to any standard or specification required by ACC Chapter
17.12 - Subdivision Improvements.
Criteria for Review
In order to approve a preliminary plat, pursuant to ACC 17.06.070, the Applicant must have
provided support for 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, 1, and sites for schools and school grounds.
b. Conformance to the general purposes of the City of Auburn's Comprehensive
Plan, to the general purpose of Title 17.02, and to the general purposes of any
other applicable policies or plan which have been adopted by the City Council.
c. Conformance to the City of Auburn's zoning ordinance and any other applicable
planning or engineering standard and specifications.
d. Potential environmental impacts of the proposal have been mitigated such that the
proposal will not have an unacceptable adverse effect upon the quality of the
environment.
e. Adequate provisions have been made so that the preliminary plat will prevent or
abate public nuisances.
In order to approve a modification to a subdivision improvement standard or specification,
pursuant to ACC 17.18.030, the Applicant must have provided support for the following:
Findings, Conclusions & Recommendation
Hearings Examiner for the City of Auburn
Lakeland East LLC Plat - PLT05-0006
Page 9 of 15
I . The modification is necessary because of special circumstances related to the size, shape,
topography, location, or surroundings of the subject property; to provide the owner with
development rights and privileges permitted to other properties in the vicinity and zoning
district in which the subject property is located.
2. Because of such special circumstances, the development of the property in strict
conformity with the provisions of ACC Title 17 would not allow a reasonable and
harmonious use of the property.
3. The modification, if granted, would not alter the character of the neighborhood, or be
detrimental to surrounding properties in which the property is located.
4. The modification would not be materially detrimental to the implementation of the
policies and objectives of the comprehensive land use, circulation, and utility plans of the
City.
5. Literal interpretation of the provisions of ACC Title 17 would deprive the Applicant of
rights commonly enjoyed by other properties in the same zoning district.
6. Approval of the modification would be consistent with the purpose of ACC Title 17.
7. The modification does not lessen the requirements of the zoning ordinance.
Conclusions Based on Findings
1. Adequate provisions. have been 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, and sites for schools and school grounds. The
Applicant has made provisions for streets with sidewalks for pedestrian safety, including
safe walking for school children. Recommended conditions of approval will provide for
payments of school, traffic, and fire impact fees. The development will be served by
City of Bonney Lake water and City of Auburn sanitary sewer. Existing on-site water
and septic systems will be abandoned according to local and state law. Storm water
facilities for the collection and retention of stormwater will be designed to City standards.
Although park facilities have been provided throughout the PUD and are not required for
this plat, the Applicant is providing park land, equipped with a play structure, and open
space. A Pedestrian walkway will provide access from the plat to Lake Tapps Parkway
SE. On-site wetlands will be adequately buffered. The center median design of Thomas
Avenue SE will provide mitigation for increased traffic (volume and speed) and safety
for pedestrians. Findings of Fact Nos. 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26,
27, 28, and 29.
2. The plat conforms to the general purposes of the City of Auburn's Comprehensive
Plan, Title 17.02 (Subdivisions), and to the general purposes of any other applicable
policies or plan which have been adopted by the City Council. As conditioned, the
plat would be consistent with the purposes and regulations of the subdivision title, with
the City's design and construction standards, and would be consistent with the goals,
objectives, and policies of the City's Comprehensive Plan and the Lakeland Hills South
PUD. Findings of Fact Nos. 1, 3, 5, 6, 7, 8, 9, 10, 13, 17, 18, and 19.
Findings, Conclusions & Recommendation
Hearings Examiner for the City of Auburn
Lakeland East LLC Plat - PLT05-0006
Page 10 of 15
3. The plat conforms to the City of Auburn's zoning ordinance, Title 18, and any other
applicable planning or engineering standard and specifications. With conditions, the
Applicant's proposal complies with all related City codes and standards including
development standards for the Lakeland Hills South PUD zoning district. Findings of
Fact Nos. 1, 3, 5, 10, 11, 12, 13, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29..
4. Potential environmental impacts of the proposal have been mitigated such that the
proposal will not have an unacceptable adverse effect upon the quality of the
environment. The City, acting as lead agency, has determined that, as proposed, the
plat's impacts on the environment were adequately mitigated through the Final EIS
issued in 1992. Supplemental environmental review was conducted, with no
modifications to the mitigating measures. Findings of Fact No. 14 and 15.
5. Adequate provisions have been made so that the preliminary plat will prevent or
abate public nuisances. Public nuisances are addressed generally throughout the ACC
and are addressed directly in ACC 8.12. A public nuisance affects public health and
property values by creating visual blight, harboring rodents and/or bests, or creating
unsafe pedestrian and traffic situations. Compliance with City design standards for road
safety (width, sidewalks, traffic calming, and visibility) will ensure safe pedestrian and
traffic access within the development. Connection to City sewer and water will limit
impacts on public health. A Homeowners' Association and the associated Covenants,
Conditions, and Restrictions will ensure that visual blights and dangers to public health
are reduced/eliminated, thereby promoting both general public welfare and property
values. Findings of Fact Nos. 19, 20, 21, 22, and 28.
6. The Applicant has provided support for the three deviation requests. The deviation
requests are based on the site's topography and the location of critical areas (wetlands),
the need to provide safe driving conditions, and a uniform aesthetic. All proposed
deviation requests would provide reasonable and harmonious use of the property and
would enhance the neighborhood, providing a safer, more aesthetically pleasing roadway.
The deviations are consistent with the City's comprehensive plans and with the
provisions of ACC Title 17. Literal interpretation of the provisions of ACC Title 17
would deprive the Applicant of rights commonly enjoyed by other properties in the area
as the City has granted similar modifications within the Lakeland Hills South PUD.
Findings of Facts No. 19.
RECOMMENDATION
Based upon the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends
to the Auburn City Council that:
Findings, Conclusions & Recommendation
Hearings Examiner for the City of Auburn
Lakeland East LLC Plat - PLT05-0006
Page 11 of 15
A. The three requests for deviation from City of Auburn design standards be
APPROVED.
B. The request for approval of preliminary plat for the subdivision of approximately
62.06 acres into 141 single family residential lots, two multi-family lots, and six
tracts to provide stormwater facilities, utility easements, pedestrian access, open
space, parkland, wetland protection, and shared access be APPROVED, subject
to the following conditions:
1. In accordance with the conditions outlined in the Minor Adjustment to the
Lakeland Hills South PUD, dated January 26, 2006, the Fourth Amendment to
the Lakeland Hills South Agreement shall included the "Walker Parcel"
(Pierce County Tax Parcel 0520056015) and be recorded prior to the final plat
approval.
2. Prior to commencement of any grading activities, the Applicant/Developer
shall staked, flagged, fence, and sign the buffers for Wetland B, Wetland BB,
Wetland C, and Wetland F. Wetland signage content and location shall be
subject to approval by the City of Auburn Director of Planning, Building, and
Community Development.
3. The plat shall meet all conditions of the Lakeland Hills South Development
Agreement, as amended.
4. As part of the engineering/construction drawings submitted for construction of
the plat, the Applicant/Developer shall also submit engineering/construction
drawings for the construction of all park improvements. The park
improvements shall be subject to approval by the City of Auburn Parks
Director. Approval must be received prior to approval of the construction
drawings for the public infrastructure of the plat. The materials supplied and
installed must meet current City Parks, Arts, and Recreation Department
standards and by approved by the Parks Director prior to installation and final
plat approval.
5. Prior to final plat approval, the Applicant/Developer shall coordinate and
complete the abandonment of the existing public sewer pump station located
upon the subject property. This abandonment shall include the salvaging of
all electrical and mechanical equipment for delivery to the City of Auburn's
Sanitary Sewer Utility.
6. The Applicant/Developer shall construct on-site gravity sanitary sewer lines
and off-site gravity sanitary sewer lines. These new sewer lines shall connect
to a new public pump station located per an approved basin study with the
Findings, Conclusions & Recommendation
Hearings Examiner for the City of Auburn
Lakeland East LLC Plat - PLT05-0006
Page 12 of 15
City of Auburn. All sewer lines shall be designed to Auburn Design
Standards.
7. The Applicant/Developer shall construct the off-site sewer pump station or, in
the alternative, wait until the pump station is completed by another developer.
If the pump station is completed by another developer, the Applicant shall pay
a payback fee for their pro rate share of the costs associated with the
construction of the pump station.
8. All sanitary sewer lines located outside of the public right-of-way shall be
placed within tracts. Tracts shall be a minimum width of 15 feet, centered
over the sewer line. These tracts shall be deeded over to the City's Sanitary
Sewer Utility.
9. Prior to final plat approval, all existing septic tanks shall be abandoned
pursuant to Tacoma-Pierce County Health Department regulations. Copies of
the approved abandonment documents from Tacoma-Pierce County Health
Department shall be provided to the City prior to the commencement of any
site grading.
10. Prior to review of civil plans, and as part of the final application submittal, the
Applicant shall provide a current Certificate of Water Availability from the
City of Bonney Lake.
11. Prior to final plat approval, the Applicant/Developer shall abandon all existing
water wells pursuant to Washington State and Tacoma-Pierce County Health
Department regulations. The Applicant shall deed/transfer the water rights
for said wells to the City of Auburn.
12. Prior to final plat approval, the Applicant/Developer shall construct a center
landscaped median on Thomas Avenue SE. The median shall extend the full
length of Thomas Avenue SE from Lake Tapps Parkway SE to the northern
border of the plat. The median shall be construction to the satisfaction of the
City Engineer.
13. Prior to final plat approval, the Applicant/Developer shall create a combined
30-foot wide utility and pedestrian access easement adjacent to Lot 141. The
easement shall extend between the Plat and Lake Tapps Parkway SE.
14. Prior to final plat approval, the Applicant/Developer shall dedicate right-of-
way and construct all roads within the plat, with the exception of Thomas
Avenue SE, as local residential roads to City of Auburn Standards except
where plat modifications (deviation requests) are granted by the City Council.
Findings, Conclusions & Recommendation
Hearings Examiner for the City of Auburn
Lakeland East LLC Plat - PLT05-0006
Page 13 of 15
15. Prior to final plat approval, the Applicant/Developer shall dedicate right-of-
way and construct Thomas Avenue SE as a residential collector.
16. Prior to final plat approval, the Applicant/Developer shall construct the fourth
leg of the signalized intersection of Thomas Avenue SE and Lake Tapps
Parkway SE.
17. The final plat shall include a note that states: No direct residential access to
Thomas Avenue SE is permitted.
18. Sight distance triangles shall be dedicated as public right-of-way within the
plat or as an easement outside of the plat.
19. Street trees shall be subject to approval by the City Engineer. A separate
approval block shall be shown on the landscape plans for that purpose.
20. The final plat drawing shall include addresses for each lot as assigned by the
City.
21. Asbestos containing materials shall be removed prior to demolition of all on-
site structures. Disposal of the materials shall be done in accordance with the
requirements of the Puget Sound Clean Air Agency, Washington State
Department of Labor and Industries, and the Tacoma-Pierce County Health
Department.
22. Any required Washington State Forest Practices approval shall be obtained
prior to site clearing, grading, or logging. Verification of meeting Washington
State Department of Natural Resources Forest Practices requirements shall be
provided to the City prior to the issuance of any grading permits.
23. A Washington State Department of Ecology Construction Stormwater General
Permit shall be required prior to the issuance of any grading permits.
24. As provided in ACC 19.02, the Applicant/Developer shall pay school impact
mitigation fees to the Auburn School District. Payment of mitigation fees is
required at the time of building permit issuance.
25. A traffic impact fee equivalent to the fee being collected for the Lakeland
Hills South PUD shall be paid at the time of building permits for individual
homes.
26. A fire impact fee equivalent to the fee being collected for the Lakeland Hills
South PUD shall be paid at the time of building permits for individual homes.
Findings, Conclusions & Recommendation
Hearings Examiner for the City of Auburn
Lakeland East LLC Plat - PLT05-0006
Page 14 of 15
27. The Applicant/Developer shall comply with all mitigation measures as
provided in the Final EIS issued for Lakeland Hills, July 1992.
Decided this day of May 2006
DRISCOLL & HUNTER
Hearing Examiners for the City of Auburn
By:
THEODORE PAUL HUNTER
Findings, Conclusions & Recommendation
Hearings Examiner for the City of Auburn
Lakeland East LLC Plat - PLT05-0006
Page 15 of 15
EXHIBIT B
PARCEL A:
A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST, OF
THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, NORTH 01.22'18"
EAST,
A DISTANCE OF 335.70 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88°2337" WEST, A DISTANCE OF 118.27 FEET;
THENCE NORTH 17°37'29" WEST, A DISTANCE OF 120.00 FEET;
THENCE NORTH 01°22'18" EAST, A DISTANCE OF 220.88 FEET TO THE NORTH LINE
OF SAID SOUTHEAST QUARTER;
THENCE NORTH 88°38'26" EAST ALONG SAID NORTH LINE, A DISTANCE OF
157.35 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER SOUTH 01°22'18"
WEST, A DISTANCE OF 335.69 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THE NORTH 208.71 FEET THEREOF.
PARCEL B:
THAT PORTION OF LOT 1, AS SHOWN ON PIERCE COUNTY SHORT PLAT NO.
8105130182, FILED WITH THE PIERCE COUNTY AUDITOR, AND THAT PORTION OF
THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST,
OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 5;
THENCE SOUTH 88°38'26" WEST 157.35 FEET;
THENCE SOUTH O1°22'18" WEST 208.71 FEET;
THENCE NORTH 88°38'26" EAST 208.71 FEET;
THENCE NORTH 01022'18" EAST 208.71 FEET TO THE NORTH LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 5;
THENCE SOUTH 88°38'26" WEST 51.36 FEET TO THE POINT OF BEGINNING.
PARCEL C:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST
OF THE WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER SOUTH 88°08'42"
WEST, 4.58 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 17°37'29" WEST, 174.40 FEET;
THENCE SOUTH 88°15'06" WEST, 595.55 FEET TO THE WEST LINE OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER;
THENCE SOUTH 01 003'40" WEST, ALONG SAID WEST LINE 169.16 FEET TO THE
SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER;
THENCE NORTH 88°08'42" EAST ALONG THE SAID SOUTH LINE 656.13 FEET TO THE
POINT OF BEGINNING, IN PIERCE COUNTY, WASHINGTON.
(BEING PARCEL B OF BOUNDARY LINE REVISION RECORDED UNDER RECORDING
NUMBER 9003080209.)
TOGETHER WITH A 30.00 FOOT EASEMENT FOR INGRESS, EGRESS, AND UTILITIES
ALL LYING WITHIN SECTIONS 5 & 8, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE
WILLAMETTE MERIDIAN, AS DISCLOSED BY AUDITOR'S NO. 8605230394, WHICH IS
A RE-RECORD OF INSTRUMENT RECORDED UNDER AUDITOR'S NO. 8602260382,
SAID EASEMENT BEING 15 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT A POINT ON THE EAST-WEST CENTERLINE OF SECTION 5 THAT IS
NORTH 88°08'42" EAST 847.25 FEET FROM THE WEST QUARTER CORNER OF SAID
SECTION 5;
THENCE SOUTH 08°37'38" EAST 4.00 FEET;
THENCE SOUTH 20°13'25" EAST 279.31 FEET;
THENCE SOUTH 18°03'25" EAST 290.44 FEET;
THENCE SOUTH 24003'25" EAST 276.22 FEET;
THENCE SOUTH 20°53'50" EAST 632.30 FEET;
THENCE SOUTH 33°27'53" EAST 115.47 FEET;
THENCE SOUTH 06°43'03" EAST 149.89 FEET;
THENCE SOUTH 34°31'03" EAST 215.93 FEET;
THENCE SOUTH 21°04'23" EAST 135.93 FEET;
THENCE SOUTH 51°09'01" EAST 51.33 FEET;
THENCE SOUTH 89°30'01" EAST 110.58 FEET;
THENCE SOUTH 71°30'11" EAST 144.15 FEET;
THENCE SOUTH 56°36'51" EAST 61.43 FEET;
THENCE SOUTH 13°19'51" EAST 163.57 FEET;
THENCE SOUTH 24°27'41" EAST 405.12 FEET;
THENCE SOUTH 43°00'09" EAST 149.28 FEET;
THENCE SOUTH 34°40'42" EAST 176.56 FEET;
THENCE SOUTH 24°23'02" EAST 98.40 FEET;
THENCE SOUTH 40°26'55" EAST 166.75 FEET;
THENCE SOUTH 25°17'59" EAST 166.61 FEET TO A POINT THAT IS SOUTH 05°35'44"
EAST 620.46 FEET FROM THE QUARTER CORNER OF SAID SECTIONS 5 & 8;
THENCE SOUTH 46°06'59" EAST 45 FEET, MORE OR LESS, TO THE WESTERLY RIGHT
OF WAY OF NORTH TAPPS HIGHWAY AND THE TERMINUS OF THIS EASEMENT, IN
PIERCE COUNTY, WASHINGTON.
PARCEL D:
THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION
5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF W.M. IN PIERCE COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT NORTHWEST CORNER OF SOUTH HALF OF NORTHWEST ALSO
KNOWN AS SOUTHWEST CORNER OF GOVERNMENT LOT 4 PER RECORD OF
SURVEY 8807280259;
THENCE NORTH 89°54'50" EAST 1638.38 FEET TO POINT OF BEGINNING;
THENCE SOUTH 03°26'36" WEST 48.22 FEET;
THENCE SOUTH 31°01'58" WEST 20.64 FEET;
THENCE SOUTH 24016'49" EAST 21.34 FEET TO A POINT OF A NON-TANGENT,
100.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY AND TO WHICH POINT
A RADIAL BEARS NORTH 38°55'41" WEST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 127°34'07", A DISTANCE OF 222.65 FEET;
THENCE SOUTH 76°29'48" EAST 18.99 FEET TO A POINT ON A NON-TANGENT,
100.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY AND TO WHICH POINT
A RADIAL BEARS NORTH 74°00'49" WEST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 75°26'30" A DISTANCE OF 131.67 FEET;
THENCE SOUTH 13°49'52" EAST 39.60 FEET;
THENCE SOUTH 60°58'23" EAST 65.47 FEET;
THENCE SOUTH 24°20'35" EAST 20.88 FEET;
THENCE SOUTH 45°31'31" EAST 63.43 FEET;
THENCE SOUTH 63°47'35" WEST 44.14 FEET;
THENCE SOUTH 01 ° 18'19" EAST 111.57 FEET;
THENCE SOUTH 29°17'48" EAST 5.34 FEET;
THENCE SOUTH 04°11'06" WEST 17.53 FEET TO THE SOUTH LINE OF THE NORTH
HALF OF THE SOUTH HALF OF SAID NORTHWEST QUARTER;
THENCE NORTH 89°32'03" EAST ALONG SAID SOUTH LINE 136.65 FEET TO WEST
LINE OF SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER SECTION 5;
THENCE SOUTH 02°39'05" WEST 665.38 FEET;
THENCE NORTH 89°09'03" EAST 656.14 FEET TO SOUTHEAST CORNER OF THE
NORTHWEST QUARTER;
THENCE NORTH 02°58'21" EAST 1322.39 FEET TO SOUTH LINE OF GOVERNMENT
LOT 3;
THENCE SOUTH 89°54'50" WEST 1013.86 FEET TO POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING EAST OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 58 OF EAST POINTE
DIVISION 2 AS SHOWN ON THE PLAT THEREOF, RECORDED UNDER AUDITORS
FILE NUMBER 200012155001, RECORDS OF PIERCE COUNTY, WASHINGTON;
THENCE NORTH 89°32'03" EAST, ALONG THE SOUTH LINE THEREOF, 63.26 FEET TO
THE SOUTHEAST CORNER OF SAID LOT 58; THENCE CONTINUE NORTH 89°32'03"
EAST 136.45 FEET; THENCE SOUTH 02°39'05" WEST 264.69 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 51°45'51" EAST 30.22 FEET; THENCE NORTH 84°58'09"
EAST 58.80 FEET; THENCE SOUTH 38°44'04" EAST 169.28 FEET; THENCE NORTH
68°37'52" EAST 68.29 FEET; THENCE SOUTH 04°04'43" WEST 60.77 FEET; THENCE
SOUTH 58°57'55" EAST 81.04 FEET; THENCE SOUTH 03°22'20" WEST 94.81 FEET;
THENCE SOUTH 45°26'42" WEST 27.26 FEET; THENCE SOUTH 22041'25" WEST
59.31 FEET, TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 124.70 FEET, AND TO WHICH POINT A RADIAL BEARS
NORTH 51033'12" WEST; THENCE SOUTHERLY AND COUNTER CLOCKWISE ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 °59'26" A DISTANCE
OF 47.86 FEET TO THE SOUTH LINE OF THE AFOREDESCRIBED PARCEL D AND THE
TERMINUS OF THIS LINE DESCRIPTION.
EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY FOR ADDITIONAL RIGHT
OF WAY FOR LAKE TAPPS PARKWAY EAST AND THE "MINING ACCESS RAMP," BY
DEED RECORDED UNDER AUDITOR'S NO. 9703120171.
PARCEL E:
THAT PORTION OF THE NORTHWEST OF THE SOUTHWEST QUARTER OF SECTION
5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN
PIERCE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH
ALONG THE EAST LINE THEREOF TO THE NORTHEAST CORNER OF SAID
SUBDIVISION; THENCE WEST ALONG THE NORTH LINE OF SAID SUBDIVISION,
470 FEET; THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO THE POINT OF
BEGINNING.
EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY BY DEED RECORDED
UNDER RECORDING NO. 9907190049.
PARCEL F:
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5,
TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN
AUBURN, PIERCE COUNTY, WASHINGTON;
EXCEPT THE NORTH 30 FEET THEREOF FOR ROAD.
ALSO EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY BY DEED
RECORDED UNDER RECORDING NUMBER 9907090701.
ALSO EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY BY DEED
RECORDED UNDER RECORDING NUMBER 200407150689.
PARCEL G:
LOT 2, PIERCE COUNTY SHORT PLAT NO. 8105130182, ACCORDING TO MAP
RECORDED ON MAY 13, 1981, IN PIERCE COUNTY, WASHINGTON.
EXCEPTING THEREFROM THAT PORTION LYING EAST OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 58 OF EAST POINTE
DIVISION 2 AS SHOWN ON THE PLAT THEREOF, RECORDED UNDER AUDITORS
FILE NUMBER 200012155001, RECORDS OF PIERCE COUNTY, WASHINGTON;
THENCE NORTH 89°32'03" EAST, ALONG THE SOUTH LINE THEREOF, 63.26 FEET TO
THE SOUTHEAST CORNER OF SAID LOT 58 AND THE POINT OF BEGINNING;
THENCE SOUTH 04012'40" WEST 135.24 FEET; THENCE NORTH 83°25'05" EAST 15.46
FEET; THENCE SOUTH 21°35'05" EAST 183.52 FEET; THENCE NORTH 51°45'51" EAST
65.32 FEET TO THE EAST LINE OF THE AFOREMENTIONED LOT 2 AND THE
TERMINUS OF THIS LINE DESCRIPTION. .
TOGETHER WITH A 30 FOOT PRIVATE ROAD AND UTILITIES EASEMENT AS
DELINEATED ON SAID SHORT PLAT.
EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITHIN SAID LOT 2.
ALSO TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS
AND UTILITIES INCLUDING ELECTRICITY, GAS, WATER AND TELEPHONE, OVER
AND ACROSS THE FOLLOWING DESCRIBED PROPERTY:
THE EAST 15 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 5, TOWNSHIP 20 NORTH, RANGE
5 EAST OF THE WILLAMETTE MERIDIAN, AND THE SOUTH 30 FEET OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 5, IN PIERCE COUNTY, WASHINGTON.
EXCEPT THE SOUTH 30 FEET THEREOF.,
ALSO TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS
AND UTILITIES OVER, UNDER AND ACROSS A STRIP OF LAND 30 FEET IN WIDTH,
THE WESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5,
TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE
COUNTY, WASHINGTON;
THENCE SOUTH 88°08'42" WEST A DISTANCE OF 4.58 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE NORTH 17°37'29" WEST A DISTANCE OF 468.80 FEET TO A POINT BEING
THE TERMINUS OF THIS WESTERLY EASEMENT LINE DESCRIPTION, IN PIERCE
COUNTY, WASHINGTON.
ALSO TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS
AND UTILITIES OVER, UNDER AND ACROSS A STRIP OF LAND 30 FEET IN WIDTH
BEING 15 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5,
TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN;
THENCE SOUTH 88°08'42" WEST A DISTANCE OF 4.58 FEET;
THENCE NORTH 17°37'29" WEST A DISTANCE OF 348.80 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE NORTH 88°23'37" EAST A DISTANCE OF 450.87 FEET TO A POINT BEING
THE TERMINUS OF THIS CENTERLINE EASEMENT DESCRIPTION, IN PIERCE
COUNTY, WASHINGTON.
ALSO TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS
AND UTILITIES OVER, UNDER AND ACROSS THE SOUTH 50 FEET OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE
WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON.
PARCEL H:
LOT 1, PIERCE COUNTY SHORT PLAT NO. 8105130182, ACCORDING TO MAP
RECORDED ON MAY 13, 1981, RECORDS OF PIERCE COUNTY AUDITOR.
EXCEPT THE WEST 51.36 FEET OF THE NORTH 208.71 FEET OF SAID LOT 1.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS
DELINEATED ON SAID SHORT PLAT.
EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITHIN SAID LOT 1.
PARCEL I:
LOT 4, PIERCE COUNTY SHORT PLAT NUMBER 8105130182, ACCORDING TO MAP
RECORDED ON MAY 13,198 1, RECORDS OF PIERCE COUNTY AUDITOR.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS
DELINEATED ON SAID SHORT PLAT.
EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITHIN SAID LOT 4.
TOGETHER WITH THAT PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP
20 NORTH, RANGE 5 EAST, W.M., RECORDS OF PIERCE COUNTY AUDITOR,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER SOUTH 88
DEGREES 08 MINUTES 42 SECONDS WEST, A DISTANCE OF 4.58 FEET;
THENCE NORTH 17 DEGREES 37 MINUTES 29 SECONDS WEST, A DISTANCE OF
348.80 FEET;
THENCE NORTH 88 DEGREES 23 MINUTES 37 SECONDS EAST, A DISTANCE OF
118.27 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE ALONG SAID EAST LINE SOUTH 01 DEGREES 22 MINUTES 28 SECONDS
WEST, 335.70 FEET TO THE TRUE POINT OF BEGINNING.
SITUATE IN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON.
PARCEL J:
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M., RECORDS
OF PIERCE COUNTY AUDITOR.
EXCEPT THE FOLLOWING DESCRIBED PORTION:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER SOUTH 88°08'42"
WEST, 660.71 FEET TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE NORTH 01 003'40" EAST ALONG SAID WEST LINE 169.16 FEET;
THENCE NORTH 88015'06" EAST, 595.55 FEET;
THENCE NORTH 17°37'29" WEST, 294.40 FEET;
THENCE NORTH 01°22'18" EAST, 220.88 FEET TO THE NORTH LINE OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER;
THENCE NORTH 88°38'26" EAST, 157.35 FEET TO THE EAST LINE OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER;
THENCE SOUTH 01022'18" WEST ALONG SAID EAST LINE, 671.39 FEET TO THE
POINT OF BEGINNING.
(BEING PARCEL A OF BOUNDARY LINE ADJUSTMENT RECORDED MARCH 8, 1990
UNDER RECORDING NUMBER 9003080209.)
SITUATE IN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON.
PARCEL K:
LOT 3, PIERCE COUNTY SHORT PLAT NUMBER 8105130182, ACCORDING TO MAP
RECORDED ON MAY 13,198 1, RECORDS OF PIERCE COUNTY AUDITOR
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITES AS
DELINEATED ON SAID SHORT PLAT.
EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITH SAID LOT 3.
CITY0I=
AIGDuRN Peter B. Lewis, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
Ez6~ibit„~
Number aiFages;
LAKELAND EAST PRELIMINARY PLAT
Addendum to Final Environmental Impact Statement
ISSUING AGENCY: City of Auburn, Planning, Building and Community Department
25 West Main
Auburn, Washington 98001-4998
DATE OF ISSUANCE: March 31, 2006
DESCRIPTION OF CURRENT PROPOSAL: Preliminary Plat approval for "Lakeland East," a 143 lot,
single-family residential subdivision of an approx. 62.06 acre site. A Major Amendment to the Lakeland
Hills South Planned Unit Development District and plat modifications to standard requirements has also
been requested.
PROPONENT: Apex Engineering on behalf of Lakeland East LLC
LOCATION: The proposal is generally located between 62nd Street SE to the north, Old Man Thomas
Road to the west and Sumner Tapps Hwy East to the south. The site is within Section 5, Township 20
North, Range 5 East, Willamette Meridian. The site parcel numbers are 0520052034, 0520052035,
0520052036,0520052037,0520053028,0520053052,0520053053,0520056014,0520056015,
0520056017, and 0520056022.
REASON FOR ISSUING ADDENDUM: The Proposed Lakeland Hills South Mining & Reclamation
Plan & Planned Community Development FEIS was issued in July 1992. The current proposal is for
development of a plat within the Lakeland Hills South Planned Unit Development (PUD).
The City of Auburn Comprehensive Plan contains a section on the Lakeland Hills South Special
Planning Area. A provision in the plan states,
"in considering expansion to the PUD, the City established provisions and conditions to be
followed during subsequent review of land use actions affecting the PUD expansion area.
These include:
2. The rezone and any related applications shall demonstrate that the northernmost
approximately 20-acres adjacent to and contiguous with the Lakeland Hills South PUD
neighborhoods of Evergreen and Eastpointe shall not be developed as "for rent", "semi-
detached" or "attached" housing products so that the existing single family residential
character can transition to and be extended into the subject parcels. Development
within this northerly 20 acres shall be restricted to utilizing the development standards
no more intense than "Single Family Detached (SFD-5)" provisions of ACC Chapter
18.76."
Th preliminary pI
e at of Lakeland East consists of single family lots which will utilize the SFD-5
development standards within the northernmost approximately 20-acres contiguous to the Eastpointe
neighborhood, which is consistent with this Comprehensive plan policy provision.
AUBURN* MORE THAN YOU IMAGINED
An updated wetland report has been prepared; "Lakeland East Wetland and Stream Analysis Report."
Prepared by B-12 Wetland Consulting, Inc. Dated March 17, 2006. The results of the wetland report
details two Category II wetlands, Wetlands "B" and "C", and one Category III wetland, Wetland "F". A
previous report was prepared for the construction of Lake Tapps Parkway; "Final Wetland Report for
the Proposed Lake Tapps Parkway East Roadway Extension & New Intersection CRP 5434 Pierce
County, Washington." Prepared by CH2M Hill & Celeste Botha Wetlands Ecology. Revised April 8,
1997, identified Wetland "S". The 2006 wetland report concludes that the area which had previously
been classified as Wetland "S" located on the north side of Lake Tapps Parkway SE west of Wetland
"C" is no longer considered a wetland; instead it is a non-wetland depressional area.
A Major Amendment to the Lakeland Hills South Planned Unit Development District has been
requested, which requires submittal of an environmental checklist. The overall number of units will not
increase beyond the original 3,408. The Lakeland East preliminary plat is within an area recently
annexed into the City of Auburn and subsequently rezoned to PUD and designated as Moderate
Density Single Family. Component 6 of the Major Amendment will implement these actions by
assigning the Residential 2-14 du/ac PUD density designation.
The Major Amendment to the PUD includes:
Amendment No. 1: Deletion of School S-2
Amendment No. 2: Change of Area 7 to Residential 2-14 du/ac
Amendment No. 3: Change of Area 8 to Residential 2-14 du/ac
Amendment No. 4: Change of Area 9 to Residential 2-14 du/ac
Amendment No. 5: Revised Land Use Table
Amendment No. 6: Designate Area 16 as Residential 2-14 du/ac
The current proposals have been determined to fall within the scope of the original FEIS.
MODIFICATIONS TO FEIS MITIGATION MEASURES: None proposed
LEAD AGENCY: City of Auburn
RESPONSIBLE OFFICIAL: Paul M. Krauss, Director of Planning, Building & Community
CONTACT PERSON: Stacey Borland, Planner, (253) 876-1905
Ez6iibit S
Number of Pages
~y
~k f
CITY OF
WASHINGTON
FINAL PLAT APPLICATION
FAC06-0039
COMPLETION OF IMPROVEMENTS
The required improvements for the Final Plat of
have been completed in accordance with the Land Division Ordinance and the City of
Auburn's standards and specifications.
City Engineer Date
SECURITY IN LIEU OF COMPLETION
In lieu of the required public improvements for the Final Plat of LAKELAND EAST,
an approved security, Performance Bond, Bond # 2279654 for $1,076,197,50
(150% of the estimated costs of improvements) has been submitted and approved by
the City Engineer.
City Engineer D to
1. The developer has provided references and demonstrated a minimum of 3 years
successful, non-defaulted plat development experience in the Puget Sound region.
2. The bond/security is based on the following costs:
Surfacing (Sidewalk, Driveways and Ramps) $ 250,120.00
Asphalt Concrete Pavement & Utility Adjustments $ 183,775.00
r
Erosion Control, Planting, and Recreational Facilities $ 227,570.00
Traffic (Street Lighting System) $ 56,000.00
Subtotal $ 717,465.00
Financial Guarantee at $150% $1,076,197.50
cc: Planning .
Developer
Eabibit
Number dPages S
ORDINANCE NO. 6 2 2 1
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE FINAL PLAT OF LAKELAND EAST
WHEREAS, the City of Auburn received a final plat application for the Plat
of Lakeland East, Application No. PLT08-0023, the final approval of which is
appropriate for City Council action; and
WHEREAS, based on the review given this Plat by the City, the City
Council hereby makes and enters the following:
FINDINGS OF FACT
1. Apex Engineering on behalf of Lakeland East LLC has requested final plat
approval of Lakeland East and all applicable conditions have been met.
2. The preliminary plat was approved by the City Council on May 11, 2006 by
Resolution No. 4026. The plat has been developed in accordance with
the Lakeland Hills South Planned Unit Development zoning district.
3. Subsequent to preliminary plat approval, three minor adjustments have
been processed and approved by the Planning Director in accordance
with Auburn City Code (ACC) Section 17.06.100. In March 2007, a
reduction in the number of lots from 143 to 132 and a change in the
design and use of Tract F to accommodate 63rd Place SE were approved.
In June 2007, a change in the location of the park (Tract E) from Victoria
Avenue SE to 63rd Place SE was approved. In October 2008,
reconfiguration of Lots 1 and 2 increasing lot area and a corresponding
reduction in the total area of Tract D was approved.
4. A Certificate of Improvements has been issued by the City Engineer,
accepting a security in lieu of the applicant completing all of the
infrastructure improvements.
5. The project is subject to the fourth amendment to the Lakeland
Annexation and Utilities Agreement.
6. The Final Plat is in compliance and in conformity with applicable Zoning
and Land Division Ordinances and other applicable land use controls.
Ordinance No. 6221
December 9, 2008
Page 1 of 3
7. The Final Plat is consistent with the comprehensive plan.
8. The Final Plat meets the requirements of Chapter 58.17 RCW.
9. The Final Plat meets the requirements of the Preliminary Plat as
referenced above.
CONCLUSIONS OF LAW
Because the Final Plat is in compliance and in conformity with applicable
Zoning and Land Division Ordinances and other applicable land use controls
of the City and is consistent with the comprehensive plan, and meets the
requirements of Chapter 58.17 RCW and the requirements of the Preliminary
Plat as referenced above, it is appropriate to approve the final Plat.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Approval. Lakeland East, a subdivision involving property
located within the City of Auburn, Washington, which plat is legally described on
Sheet 1 of the Final Plat and set forth in Exhibit "A", attached hereto and
incorporated herein by reference, is hereby approved, and deemed to conform to
the applicable requirements for Plat approval.
Section 2. Constitutionality or Invalidity. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being hereby
expressly declared that this Ordinance and each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed adopted and
approved and ratified irrespective of the fact that nay one or more section,
subsection, sentence, clause or phrase be declared invalid or unconstitutional.
Section 3. Recordation. Upon the passage, approval and publication of
this Ordinance as provided by law, the City Clerk of the City of Auburn shall
cause this Ordinance to be recorded in the office of the Pierce County Auditor.
Ordinance No. 6221
December 9, 2008
Page 2 of 3
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 5. Effective Date. 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:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Published:
Ordinance No. 6221
December 9, 2008
Page 3 of 3
EXHIBIT A
A PARCEL OF LAND LYING WITHIN THE WEST HALF OF SECTION 5
TOWNSHIP 20 NORTH RANGE 5 EAST, OF THE WILLAMETTE MERIDIAN,
CITY OF AUBURN, PIERCE COUNTY WASHINGTON AND MORE
SPECIFICALLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF EVERGREEN 2, AS SHOWN ON
THE PLAT THEREOF RECORDED UNDER AUDITOR'S FILE NUMBER
200010165001, RECORDS OF PIERCE COUNTY, WASHINGTON; THENCE
NORTH 02°01'22" EAST ALONG THE EAST LINE THEREOF AND THE EAST
LINE OF LAKELAND DIVISION III, PHASE II AS SHOWN ON THE PLAT
THEREOF RECORDED UNDER AUDITOR'S FILE NUMBER 9806225001,
RECORDS OF PIERCE COUNTY, WASHINGTON, 673.81 FEET TO THE SOUTH
LINE OF LAKELAND DIVISION III, PHASE I, AS SHOWN ON THE PLAT
THEREOF RECORDED UNDER AUDITOR'S FILE NUMBER 9808055001,
RECORDS OF PIERCE COUNTY, WASHINGTON; THENCE NORTH 89°32'04"
EAST, ALONG SAID SOUTH LINE AND THE SOUTH LINE OF EASTPOINTE 2,
AS SHOWN ON THE PLAT THEREOF RECORDED UNDER AUDITOR'S FILE
NUMBER 200012155001, RECORDS OF PIERCE COUNTY, WASHINGTON,
1184.87 FEET; THENCE SOUTH 13°37'57" EAST 161.80 FEET TO THE
BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, AND HAVING A
RADIUS OF 75.00 FEET; THENCE ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 60°54'08", A DISTANCE OF 79.72 FEET;
THENCE SOUTH 74°32'05" EAST 94.37 FEET; THENCE SOUTH 31025'19" EAST
72.00 FEET TO A POINT ON A NONTANGENT CURVE CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 216.00 FEET AND TO WHICH
POINT A RADIAL BEARS SOUTH 31025'19" EAST; THENCE NORTHEASTERLY
AND COUNTER CLOCKWISE, ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 06°20'24", A DISTANCE OF 23.90 FEET; THENCE SOUTH
31039'12" EAST 30.64 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 100.00 FEET; THENCE ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 81°47'33", A
DISTANCE OF 142.75 FEET TO A POINT ON A NONTANGENT CURVE
CONCAVE EASTERLY, HAVING A RADIUS OF 100.00 FEET AND TO WHICH
POINT A RADIAL BEARS NORTH 84°52'59" WEST; THENCE SOUTHERLY AND
COUNTER CLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE 76°28'26", A DISTANCE 133.47 FEET TO A POINT ON A
NONTANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 100.00
FEET AND TO WHICH POINT A RADIAL BEARS, NORTH 67°42'46" WEST;
THENCE SOUTHERLY AND COUNTER CLOCKWISE ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE 43°40' 15", A DISTANCE OF 76.22 FEET
TO A POINT ON A NONTANGENT CURVE CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 100.00 FEET AND TO WHICH POINT A RADIAL BEARS,
NORTH 48°24'21" WEST; THENCE SOUTHERLY AND COUNTER CLOCKWISE
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
38°47'53", A DISTANCE OF 67.72 FEET; THENCE SOUTH 02°47'46" WEST 69.74
FEET; THENCE SOUTH 34°44'48" EAST 80.23 FEET TO A POINT ON THE
NORTH MARGIN OF LAKE TAPPS PARKWAY SOUTHEAST, SAID POINT ALSO
BEING A POINT ON A NONTANGENT CURVE CONCAVE SOUTHEASTERLY
AND HAVING A RADIUS OF 965.00 FEET TO WHICH POINT A RADIAL BEARS,
NORTH 34°44'48" WEST; THENCE SOUTHWESTERLY AND COUNTER
CLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 19°37'43", A DISTANCE OF 330.59 FEET; THENCE CONTINUING
ALONG SAID MARGIN SOUTH 35°37'29" WEST 700.20 FEET TO THE
BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A
RADIUS OF 915.00 FEET; THENCE ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 20°37'52", A DISTANCE 329.47 FEET;
THENCE NORTH 33°44'39" WEST 7.00 FEET TO A POINT ON A NONTANGENT
CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 908.00
FEET AND TO WHICH POINT A RADIAL BEARS, SOUTH 33°44'39" EAST;
THENCE SOUTHERLY AND CLOCKWISE ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 09°25'49" A
DISTANCE OF 149.45 FEET; THENCE NORTH 69°23'07" WEST 35.33 FEET;
THENCE NORTH 24038'29" WEST 37.96 FEET; THENCE SOUTH 65021'31" WEST
62.88 FEET; THENCE SOUTH 24°37' 18"
EAST 11.92 FEET; THENCE SOUTH 89°44' 13" WEST 20.84 FEET TO THE
EASTERLY LINE OF PINNACLE ESTATES PHASE 1, AS SHOWN ON THE PLAT
THEREOF RECORDED UNDER AUDITOR'S FILE NUMBER 200509205004,
RECORDS OF PIERCE COUNTY WASHINGTON; THENCE NORTH 17°20'27"
WEST 1183.62 FEET TO THE SOUTH LINE OF THE AFOREMENTIONED
EVERGREEN 2 EXTENDED EASTERLY; THENCE SOUTH 89°09'03" WEST
186.23 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH NEW PARCEL B PER RECORD OF SURVEY FOR BOUNDARY
LINE ADJUSTMENT RECORDED UNDER A.F.N. 200812085006, RECORDS OF
PIERCE COUNTY AUDITOR SITUATED IN THE CITY OF AUBURN, PIERCE
COUNTY, WASHINGTON.