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HomeMy WebLinkAbout4993Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. FINAL PLAT (ORDINANCE NO. 4993) 2. 3. 4. Reference Number(s) of Documents assigned or released: I'--~Additional reference #'s on page of document Grantor(s) (Last name first, then first name and initials) 1. Auburn, City of 2. 3. 4. Grantee: (Last name first) 1. INTRACORP 2. Legal Description (abbreviated: i.e. lot, block, LOT 1-6, VISTARA PHASE I plat or section, township, range) [] Additional legal is on page 5 of document. Assessor's Property Tax Parcel/Account Number: 112104-9014 [J'"l Assessor Tax # not yet assigned [Od ~00 SOB03~ AIN~O00NIX W~ O0:GHGO o~tO-].~6v~'~' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 ORDINANCE NO. 9~ AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE ALTERATION OF THE FINAL PLAT OF VISTARA, PHASE I, LOCATED ON THE WEST SIDE OF THE WEST VALLEY HIGHWAY AND NORTH OF AABY DRIVE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. PLT0002-89R dated May 12, 1997, has been submitted to the Washington, by INTRACORP, Final Plat of Vistara, Phase of the West Valley Highway and the City of Auburn, Washington, together with site plans therefore, City, of Auburn, requesting an alteration of the I, located on the west side north of Aaby Drive, within hereinafter described in Section 2 of the Ordinance; and WHEREAS, said request above referred to, was referred to the Hearing Examiner WHEREAS, held a public for study and public hearing thereon; and the Hearing Examiner, based upon staff review, hearing to consider said request in the Council Chambers of the Auburn City Hall, on June 17, 1997, at the conclusion of which the Hearing Examiner recommended the alteration of the Final Plat of Vistara, Phase I, located on the west side of the West Valley Highway and north of Aaby Ordinance No. 4993 July 14, 1997 Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Drive, within the City of Auburn, within the City of Auburn, Washington; and WHEREAS, the City Council, on July 7, 1997, considered said request and affirmed the Hearing Examiner's decision for the alteration of the Final Plat of Vistara, Phase I, located on the west side of the West Valley Highway and north of Aaby Drive, within the City of Auburn, based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT 3 o The applicant, Intracorp, has requested an alteration to the Final Plat of Vistara, Phase I. The plat, formerly known as Sunning Hills, is located on the west side of the West Valley Highway and north of Aaby Drive. The Final Plat was approved by the City Council on September 18, 1995. The alteration, the applicant is requesting, is to provide for a private access drive that would serve, in common, 5 lots. The existing final plat shows the subject lots, 1-5, to be provided access by the abutting public street, Pike Street NW. During the design and layout of the homes, the applicant determined that the lots were too steep to have an individual driveway serve each lot. This would require significant excavation and additional rockeries. Section 17.12.170, of the Land Division Ordinance, does allow for private access easements or streets. Each lot must otherwise abut a public street and the design of the Ordinance No. 4993 July 14, 1997 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 private street is to be recommended by the City Engineer and approved by the City Council. Since the original plat of Vistara did not address or allow for the private access easement, the final plat must be revised. Chapter 17.22, of the Land Division Ordinance, does allow for alterations of Final Plats. The Examiner is responsible for conducting a public hearing and making a recommendation to the City Council. The Examiner is to determine the public use and interest to be served by the alteration of the subdivision. The proposed access easement will also be used for emergency vehicles and needs to be designed accordingly. The applicant has been meeting with the Fire Marshal's office with regard to this issue. Attached is a June 11, 1997 letter from the Fire Marshal's office outlining what is required of this alteration in order to comply with the requirements of the Fire Marshal. The setbacks for the homes on the lots need to comply with the setback requirements of the existing R-2 zoning district. A 20 foot setback needs to be provided from the private street in order to ensure that cars parked in front of the garage do not block traffic on the private street. CONCLUSIONS OF LAW The alteration may be approved. It would not; be adverse to the public use and interest if a private access street could be constructed. For each of the above referenced reasons, the recommendation of the Hearing Examiner to the .Auburn City Ordinance No. 4993 July 14, 1997 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Council on this request for an alteration to the Final Plat of Vistara, Phase I, Highway and north of Aaby Drive, Washington, is approved. NOW, THEREFORE, THE CITY COUNCIL OF THE located on the west side of the West Valley within the City of Auburn, WASHINGTON, DO ORDAIN AS FOLLOWS: ~ The above cited of Fact and Conclusions, are Ordinance. ~ The request Plat of Vistara, Phase I, Valley Highway and north Auburn, Washington, and hereby approved: CITY OF AUBURN, Hearing Examiner,s Findings herewith incorporated in this for an alteration to the Final located on the west side of the West of Aaby Drive, within the City of legally described as follows, is Lots 1-6, Vistara, Phase I, City of Auburn, County of King, State of Washington. ~ The design and construction of the private street shall be consistent with requirements of the June 11, 1997 letter to A1 Fure from Jeff Stottlemyre. Ordinance No. 4993 July 14, 1997 Page 4 1 2 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~ The street, including storm drainage and other utilities, reviewed and approved by the City Engineer's Office. time, the applicant shall also submit private street will be maintained. agreement shall design and construction of the private shall be At this a plan as to how the A road maintenance be recorded. The road maintenance agreement shall be reviewed by the City Engineer and the City Attorney. ~m~ In order to ensure the private street is constructed in a timely manner and will not be a burden to any one lot owner, it shall be constructed prior to the revised plat being signed by the City and recorded at King County. ~9_C~t~iD]I_~. Upon the passage, this Ordinance as provided by law, of Auburn shall cause this Ordinance office of the King County Auditor. ~9_~i9II_/. The Mayor is such administrative procedures approval and publication of the City Clerk of the City to be recorded in the hereby authorized to implement as may be necessary to carry out the directions of this legislation. Ordinance No, 4993 July 14, 1997 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~. This Ordinance shall force five days from and after its publication as provided by law. INTRODUCED: PASSED: APPROVED: ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Ordinance NO. 4993 July 14, 1997 Page 6 take effect and be in passage, approval and CHARLES A. BOOTH MAYOR