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HomeMy WebLinkAbout3718RESOLUTION NO. 3 7 1 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE PRELIMINARY PLAT OF 30.8 ACRES INTO 102 SINGLE FAMILY LOTS LOCATED AT THE NORTHWEST CORNER OF THE OLD MAN THOMAS ROAD AND LAKE TAPPS PARKWAY WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. PLT03-0002, dated October 8, 2003, has been submitted to the City of Auburn, Washington, by Brandon Mcdowell Of DBM Consulting Engineers, requesting approval of a Preliminary Plat for one hundred two lots for single-family homes within the City of Auburn; and WHEREAS, said request above referred to was referred to the Hearing Examiner for Study and public hearing thereon; and WHEREAS, pursuant to staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on March 16, 2004, at the conclusion of which the Hearing Examiner recommended approval of the Preliminary Plat, subject to certain conditions; and WHEREAS, following the public hearing the Hearing Examiner issued a decision dated March 29, 2004, a copy of which is attached hereto marked as Exhibit "A" and incorporated herein; and WHEREAS, after receipt of said decision, a request for clarification was submitted was submitted to the Hearing Examiner which prompted an Order on Resolution 3718 April 15, 2004 Page ] Request for Clarification dated April 7, 2004, a copy of which is also attached hereto, marked Exhibit "B" and incorporated here and by this reference; and, WHEREAS, the City Council, on April 19, 2004 considered said request and affirmed the Hearing Examiner's recommendation for approval of a preliminary plat based upon the Findings of Fact and Conclusions and Decision of the Hearing Examiner, together with the Order Clarifying, according to the Exhibits referenced here and above. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. Preliminary Plat Approval. The preliminary plat of a 30.8 acres into 102 single family lots located at the northwest corner of the Old Man Thomas Road and Lake Tapps Parkway within the City of Auburn, Washington, is approved, subject to the conditions as set forth in the Hearing Examiner's Decision, as clarified, Exhibits "A" & "B" hereto. Section 2. Administrative Authority. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution 3718 April 15, 2004 Page 2 Section 3. Effective Date. This Resolution shall be in full force and effect upon signatures hereon. DATED and SIGNED this ay of April, 2004. passage and ATTEST: ~~----'------~~PE,i_EiS, B. LEWIS MAYOR ~Da~-elle E. Daskam City Clerk APPROVEP~S TO FORM: "Daniel B. H'eid V ~ City Attorney ~.. Resolution 3718 April 15, 2004 Page 3 EXHIBIT "A" TO RESOLUTION NO. 3718 BEFORE THE HEARINGS EXAMINER FOR THE CITY OF AUBURN Page 1 In the Matter of the Application of Pinnacle Estates For Approval of a Preliminary Plat NO. PLT03-0002 FINDINGS, CONCLUSIONS AND RECOMMENDATION SUMMARY OF RECOMMENDATION The Hearing Examiner recommends to the Auburn City Council that the request for preliminary plat approval to subdivide 30.8 acres into 102 single-family lots should be approved subject to conditions as listed herein. The requests for approval for a modification to land dedication standards and for reduction of lot-width standards for the plat should be granted subject to plat approval and the conditions as listed herein. SUMMARY OF RECORD Request Mr. Brandon McDowell of DBM Consulting Engineers (Applicant) requests approval from the City of Auburn (City) of a preliminary plat application to subdivide 30.8 acres into 102 single- family residential lots. As part of the plat request, the Applicant seeks approval to modify the plat standards of AMC 17. ! 2.260, which relate to parks and playgrounds. The Applicant also seeks approval to reduce the width of seven of the proposed 102 lots as provided in AMC 18.12.040(B)(1). The project site is located at the northwest comer of the Old Man Thomas Road and Lake Tapps Parkway intersection. 1 Hearing Date The Hearings Examiner for the City of Auburn held an open record public hearing on March 16, 2004. Testimony The following individuals presented testimony under oath at the open record public hearing: 1. Mr. Sean Martin, City of Auburn Planner 2. Mr. Brandon McDowell, Applicant's Representative 3. Mr. Daryl Fabre, Director of Auburn Parks and Recreation Exhibits The following exhibits were admitted at the open record public hearing: The legal description is the Northwest % of the SW % of Section 5, Township 20 North, Range 5 East, W.M. Exhibit 14, Preliminary Plat Map. Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Pinnacle Estates, PLT03-O002 Page 1 of lO EXHIBIT "A" TO RESOLUTION NO. 3718 Page 2 Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 1 la Exhibit 1 lb Exhibit 12 Exhibit 12a Exhibit 13 Exhibit 14 Exhibit 15a Exhibit 15b Exhibit 15c Exhibit 15d Staff Report dated March 11, 2004 Area Map showing project site Preliminary Plat Application Legal Description of Subject Property Notice of Application Staff Evaluation for Environmental Checklist dated January 26, 2004 SEPA Determination of Nonsignificance dated 18, 2004 Notice of Public hearing Certification of Posting dated March 2, 2004 Letter from DBM Consulting to City of Auburn dated December 2, 2003 Letter from Pinnacles, Inc to Auburn Parks and Recreation Department dated December 2, 2003 Letter from Auburn Parks and Recreation Department to Pinnacles, Inc undated. Calculation of Park Fees Worksheet Letter for Comment from Mr. John Washam dated January 19, 2004 City of Auburn Response Letter to Mr. Washam dated February 13, 2004 City of Auburn Certificate of Water Availability dated December 30, 2004 Preliminary Plat Map Level One Downstream Analysis dated December 2, 2003 Geotechnical Report dated December 17, 2003 Traffic Impact Analysis dated December 2003 Technical Information Report dated January 14, 2004 Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearings Examiner enters the following Findings and Conclusions: FINDINGS The Applicant requests approval from the City of a preliminary plat application to subdivide 30.8 acres into 102 single-family residential lots.2 As part of the plat request, the Applicant seeks approval to modify plat standards in AMC 17.12.260 for parks and playgrounds. As allowed in AMC 18.12.040(B)(1) the Applicant also seeks approval to reduce the width of seven of the proposed 102 lots. The project site is located at the northwest comer of the Old Man Thomas Road and Lake Tapps Parkway intersection. Exhibit 1, Staff Report, page 1. The subject property is zoned R-1 Single-Family Residential, and the City of Auburn Comprehensive Plan designates the subject property as Single-Family Residential. The R-1 zoning standards requires a minimum of 8,000 square-foot lots; a maximum lot depth of 100 feet; maximum lot coverage of 35 percent; 25-foot front yard setbacks; 25-foot rear yard setbacks; and a maximum height of 30 feet. AMC 18.12. 040; Exhibit 1, Staff Report, page 1. The proposed plat satisfies these standards. Exhibit 1, Staff Report; Testimony of Mr. Martin. The Comprehensive Plan encourages managed growth to enhance the community and 2 The proposed subdivision would be developed in two phases. The first phase would create 75 lots; the second phase would create the remaining 27 lots. Testimony of Applicant. Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Pinnacle Estates, PLT03-O002 Page 2 of lO EXHIBIT "A" TO RESOLUTION NO. 3718 Page 3 maintenance of the City's character as a family community. Auburn Comprehensive Plan, Chapter 2, Goals 1, 4. The proposed plat will satisfy this goal. Testimony of Mr. Martin o With the exception of seven lots with reduced widths, he lots of the proposed plat are designed to satisfy the development standards for the R-1 zoning district. Exhibit 14, Preliminary Plat Map. R-1 zoning standards require a minimum lot width of 75 feet. AMC 18.12. 040(B)(1). However, a reduction of lot width is permitted for up to 20% of lots in a subdivision that will have 50 or more lots, and where it is necessary to accommodate a proper lot or street layout due to physical constraints of the subdivision. Lots of reduced width must be dispersed throughout the subdivision and cannot be clustered in one area. AMC 18.12. 040(B)(1). The seven lots with the reduced lot width would allow the property to be developed to City of Auburn density standards. The seven lots represent approximately seven-percent of the 102-lot subdivision and will be distributed between two cul-de-sacs.. Exhibit 1 O, Letter from DBM Consulting Engineers; Testimony of Mr. McDowell. o AMC 17.12.060 establishes that a substantial increase in demand for park land is created if subdivision is developed with a plat that has fifty or more residential units. With such a design, the City requires dedication of land for parks and recreation. As an alternative, the Applicant can provide money for a fund for such purposes. Testimony of Mr. Martin. The Auburn Parks and Recreation Plan has established requirements for land dedication for mitigation for parks and recreation impacts. The Auburn Parks and Recreation Plan provides that 6.03 acres be set aside per 1,000 residents, and that 75% of the acreage be "community park" space; 12.5% of the acreage be "neighborhood park" space; and 12.5% of the acreage be "linear park" space. Exhibit 1, Staff Report, page 2. o The calculated land needed for dedication for parks for the subdivision is 1.57 acres. The land represents 1.15 acres of"community park,". 19 acres of"neighborhood park" and. 19 acres of"linear park." Exhibit 1, Staff Report, page 2; Exhibit lla, Letter from Auburn Parks and Recreation Department. In lieu of dedication, the Applicant has agreed to pay fees to the park fund. Testimony of Mr. McDowell. The City Parks and Recreation Department identified the development costs for 1.57 acres as $221,720. Testimony of Mr. Fabre; Exhibit llb, Fees Worksheet. The Applicant and City agreed that the Applicant pay $1,086.86 per lot in lieu of dedicating land for parks and recreation. Exhibit 11, Letter from Pinnacle dated December 2, 2003; Exhibit 1 la, Letter from Auburn Parks and Recreation; Exhibit lib, Fees Worksheet. The park fees were calculated based on consideration of the availability of a large nearby community park and other park amenities in the area. The Lakeland Hills South PUD is located adjacent to the subject property on two sides. The PUD contains an extensive park system, which is available to the public. The Applicant and City testified that the Lakeland Hills Park would be adequate to serve the proposed subdivision. The agreed mitigation fees Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Pinnacle Estates, PLT03-O002 Page 3 of lO EXHIBIT "A" TO RESOLUTION NO. 3718 Page 4 would in part contribute to the maintenance and development of City parks. Testimony of Mr. Martin; Testimony of Mr. McDowell. The proposed plat includes seven public streets that would provide internal access to the proposed lots. Exhibit 14, Preliminary Site Plan. All streets would contain sidewalks, curbs and gutters. The Applicant will dedicate the internal streets to the City as right-of-way. Testimony of Mr. McDowell; Testimony of Mr. Martin. 10. In the City, projects that are greater than 75 residential units must provide two access points. Auburn Comprehensive Plan, Policy TR-13. The Applicant proposes access off 69th Street S.E. and a future access point with Old Man Thomas Road. Exhibit 1, Staff Report, page 3; Exhibit 14, Preliminary Plat Map. Presently, Old Man Thomas Road does not extend to the proposed access point. Therefore, the Applicant would terminate the internal street (Street B) near the future access point until it can be connected to Old Man Thomas Road. Exhibit 1, Staff Report, page 3; Testimony of Mr. Martin. 11. The City of Auburn would provide police and fire protection, and sanitary sewer and storm drainage services would be available. Exhibit 1, Staff Report, page 3. The City of Bonney Lake would provide the water service for the proposed subdivision. Exhibit 13, Certificate of Water Availability. 12. The proposed subdivision would be located within the Auburn School District. The City representative testified that impacts to area schools can be mitigated by payment of impact fees from the Applicant. The present school impact fee schedule as approved by the City Council results in a fee of $3,250 per residential lot for the propose plat. Testimony of Mr. Martin. The Applicant testifed to agreement with payment of the impact fees for schools as calculated by the City. Testimony of Mr. McDowell. 13. The Applicant proposes to construct two drainage tracts (Tracts A & B), which would serve the subdivision. Tract A is located adjacent to proposed lots 10-14; Tract B is located adjacent to lots 1 & 2. The proposed drainage tracts would connect with City drainage services off site. Exhibit 1, Staff Report, page 3; Exhbit 14, Preliminary Plat Map. The preliminary drainage plan has been reviewed and satisfies City requirements. Testimony of Mr. Martin. 14. Pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C, the City of Auburn was designated as the lead agency for review of any environmental impacts resulting from the development. After consideration of all available environmental documents, the City issued a Determination of Nonsignificance (DNS) for the proposed subdivision on February 18, 2004. Exhibit 7, SEPA DNS. The DNS is a determination by the City that the proposed subdivision will not have probable significant adverse environmental impacts. WAC 197-11- 340. No appeals of the threshold determination were filed. 15. The City reveived one comment letter related to the proposed subdivision. In the correspondence, the proximity between existing development to the west and the proposed Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Pinnacle Estates, PLT03-O002 Page 4 of lO EXHIBIT "A" TO RESOLUTION NO. 3718 Page 5 subdivision was discussed. The comment requested that a green-belt be established between the existing residences and the proposed residences within the subdivision. Exhibit 12, Letter from Mr. Washam. 16. The City provided reasonable notice of the public hearing to interested parties. Testimony of Mr. Martin. The City posted notice on the subject property on March 2, 2004. Exhibit 9, Affidavit of Posting. CONCLUSIONS Jurisdiction The Hearings Examiner is granted jurisdiction to hear and make a recommendation to the City Council pursuant to RCW 36.70.970 and AMC 17.06.050 and 18.66.030. Criteria for Review I. Preliminary Plat Auburn Municipal Code 17.06.050 provides criteria for review for preliminary plat applications. Such applications shall only be approved if the Applicant satisfies the following: A. Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and school grounds; B. Conformance of the proposed subdivision to the general purposes of the comprehensive plan; C. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans which have been adopted by the city council; D. Conformance of the proposed subdivision to the general purposes of this title, as enumerated in AMC 17.02.030; E. Conformance of the proposed subdivision to the Auburn zoning ordinance and any other applicable planning or engineering standards and specifications as adopted by the city, or as modified and approved as part of a PUD pursuant to AMC Chapter 18.69; F. The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment; and G. Adequate provisions are made so the preliminary plat will prevent or abate public nuisances. The above criteria are similar to the criteria provided in RCW 57.17.110, which the Applicant must also satisfy for approval of a preliminary plat application. RCW 58.17.110 requires that: Appropriate provisions must be made for the public health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and the public interest must be served by the subdivision. Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Pinnacle Estates, PLT03-O002 Page 5 of lO EXHIBIT "A" TO RESOLUTION NO. 3 718 Page 6 RCW58.17.110. II. Mod!fication to Land Dedication Standards An Applicant may receive approval to modify land dedication standards upon satisfying the criteria set forth in AMC 17.18.030. The Ordinance requires proof that: A. Such 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 in the zoning district in which the subject property is located; B. That, because of such special circumstances, the development of the property in strict conformity with the provisions of this title will not allow a reasonable and harmonious use of the property; C. That the modification, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the property is located; D. Such modification will not be materially detrimental to the implementation of the policies and objectives of the comprehensive land use, circulation and utility plans of the city; E. Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district; F. The approv al of the modification will be consistent with the purpose of this title; G. The modification cannot lessen the requirements of the zoning ordinance. Any such modification must be processed as a variance pursuant to AMC 18.70.010. Lot Width Reduction AMC 18.12.040(B)(1) allows lot width reduction to 60 feet for 20% or less of the lots in subdivisions of 50 or more lots. The Applicant must prove that a reduction is necessary to accommodate a proper lot or street layout due to physical constraints of the subdivision. Conclusions Based on Findings Preliminary Plat Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and school grounds. The Applicant proposes a subdivision that has addressed the above elements. The Applicant proposes to develop seven public streets with sidewalks, curbs and gutters for the residential lots in the subdivision. The Applicant proposes to construct an on-site drainage system that would release drainage water to a City system located off-site. Adequate public services, including sewer services, are available to the site, and the City of Bonny Lake would provide water service. Conditions of approval relating to access to Old Man Thomas Road will ensure that adequate access is provided to all residential lots. The Applicant will contribute mitigation fees for parks and recreation, as well as for the Auburn School District. Findings of Facts Nos. 1-13. Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Pinnacle Estates, PLT03-O002 Page 6 of lO EXHIBIT "A" TO RESOLUTION NO. 3718 Page 7 The proposed subdivision is consistent with the general purpose of the City of Auburn Comprehensive Plan. The proposed subdivision would support the policy of managed growth and enhance the character of a family community. Finding of Fact No. 2. o The proposed subdivision is consistent with the general purposes of any other applicable policies or plans, which the Auburn City Council has adopted. The proposed plat is generally consistent with any other applicable policies or plans of the City of Auburn. The proposed plat will provide a living environment with optimum standards for single family development. Findings of Facts Nos. 1-14. The proposed subdivision is consistent with the general purposes of AMC Chapter 17.02. The proposal is generally consistent with the policy of the Auburn Land Division Ordinance. The proposed subdivision will promote the public health, safety and general welfare and satisfy the purposes set forth in AMC 17.02.030(A)-(K). The requested modifications do not create inconsistency with the Ordinance and are discussed below. Findings of Facts Nos. 1-13.. o With conditions of approval, the proposed subdivision is consistent with the Auburn Zoning Ordinance and other applicable planning or engineering standards and specifications as adopted by the City. The proposed plat would meet the development standards for the R-1 zoning district. The request for lot-width reduction is addressed below and will not create inconsistency with the Ordinance. Conditions of approval related to lot- width reduction and R-1 zoning standards will ensure consistency with the Auburn Zoning Ordinance. Findings of Facts Nos. 1, 2, 3, 4. ° The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment. The City conducted environmental review and issued a SEPA DNS on February 18, 2004. Finding of Fact No. 14. o Adequate provisions are made so the preliminary plat will prevent or abate public nuisances. No evidence or testimony was submitted that questioned the creation or existence of any public nuisances. o The proposed subdivision is consistent with the provisions set forth in RCW 58.17.110. As described in the above conclusions, the proposal satisfies the standards for preliminary plat approval. Modification to Land Dedication Standards Such 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 in the zoning district in which the subject property is located. The location of the proposal is unique in because it is surrounded by an extensive park system in Lakeland Hills South PUD. Because of this amenity near the site, the Applicant requested approval of Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Pinnacle Estates, PLT03-O002 Page 7 of lO EXHIBIT "A" TO RESOLUTION NO. 3718 Page 8 payment of fees in lieu of a land dedication for parks and recreation. Strict adherence to land dedication standards would result in additional parkland that might be an inefficient use of property. Findings of Facts Nos. 1, 5-8. Because of such special circumstances, the development of the property in strict conformity with the provisions of this title will not allow a reasonable and harmonious use of the property. It would be unnecessary, and possibily an inefficient use of property, to require the Applicant to dedicate land for parks and recreation because the proposed subdivision is near the extensive park system in Lakeland Hills South PUD. Allowing payment of mitigation fees as an alternative to land dedication would allow the Applicant to develop the project site with uniformity and provide resources to the City for maintenance of its park system. Findings of Facts Nos. 1, 5-8. o That the modification, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the property is located. Because adequate park and recreation land is available to accommodate the subdivision, the modification would not alter the character of the neighborhood or bc detrimental to surrounding properties. Findings of Facts 1, 5-8. Such modification will not be materially detrimental to the implementation of the policies and objectives of thc comprehensive land use, circulation and utility plans of the City. The agreement to provide mitigation fees would serve a similar purpose to land dedication. The adjacent park system in Lakeland Hills South PUD would provide substantial availability of park and recreation land. Mitigation fees would allow construction unfunded park and recreation land. The project would support the policies and objectives of the Comprehensive Plan. Findings of Facts Nos. 1-14. o Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. Auburn Municipal Code 17.12.260 requires park land dedication when a subdivision will result in a "substantial increase in demand." Based on guidelines set forth the the AMC, the proposed subdivision would create a substantial demand for park land. However, Lakeland Hills South PUD has parkland that would accommodate the demand created by the proposal, and the literal interpretation of AMC 17.12.260 could result in an inefficient result. Requiring the Applicant to dedicate parkland could create a surplus of park land. Fees in lieu of dedication would contribute to the maintenance and development of the City park system. Findings of Facts Nos. 1, 5-8. o The approval of the modification will be consistent with the purpose of this title. Based on the conlusions discussed above, the modification request should be granted because it is consistent with the provisions in Title 17. Findings of Facts Nos. 1, 5-8. o The modification cannot lessen the requirements of the zoning ordinance. Any such modification must be processed as a variance pursuant to AMC 18.70.010. The proposal will not lessen the requirements of thc Auburn Zoning Ordiancc. Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Pinnacle Estates, PLT03-O002 Page 8 of lO EXHIBIT "A" TO RESOLUTION NO. 3718 Page 9 Lot Width Reduction The characteristics of the subject property creates conditions where a reduction of lot- widths are necessary to accommodate a proper lot and street layout. Auburn Municipal Code Section 18.12.040(B)(1) allows a reduction of lot width for 20% or less of lots within plats with 50 or more lots when necessary to accommodate a proper lot and street layout. Under such circumtances, lot widths may be reduced to a width of 60 feet. The Applicant requests lot-width reduction for seven lots, which represents approximately seven-percent of the total lots. Because of the configuration of the two cul-de-sacs, a lot width reduction is necessary to accommodate a propery lot and street layout. Findings of Facts Nos. 2, 3, 4. DECISION Based upon the preceding Findings and Conclusions, it is recommended to the Auburn City Council that the request for preliminary plat approval to subdivide 30.8 acres into 102 single- family lots should be approved subject to conditions as listed herein. The requests for approval for a modification to land dedication standards and for reduction of lot-width standards for the plat should be granted subject to plat approval and the conditions as listed herein: 1. The Applicant shall install a sight-obscuring fence adjacent to the storm drainage tracts along the applicable property lines of proposed lots 1, 2 and 10 through 14. In order to ensure the accurate placement of the home/structure(s) in relationship to the setbacks required from property lines, easements or other similar features associated with a lot, the City's Building Official may require that all applicable comers of the structure be surveyed and staked prior to the pouring of footings or foundations. 3. The Final Plat of those lots proposed as "Phase Il" shall not be accepted until such time as the "Old Man Thomas Road" right-of-way is constructed and opened as a public street. In order to meet the park and recreation land dedication requirements, the Applicant shall enter into a voluntary agreement with the City, in a format acceptable tot he City, to provide a fee in lieu of dedication equal to the amount of $1,086.86 per lot. The amount shall be paid prior to final plat approval for each phase, based on the number of lots proposed for each final plat application. 5. All lots shall satisfy the development standard of the R-1 Single Family Residential District except that the minimum lot widths for proposed lots 16, 18, 26, 74, 95 and 98 shall be Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Pinnacle Estates, PL T03-O002 Page 9 of lO EXHIBIT "A" TO RESOLUTION NO. 3718 Page 10 permitted at a reduced width, not less than 60-feet, in accordance with Auburn City Code 18.12.040(B)(1).3 Decided this 29th day of March 2004. /SI James M. Driscoll City of Auburn Hearings Examiner 3 At the hearing, the Applicant's representative stated that the numbering of lots as depicted in Exhibit 14 was likely to change. However, the location of the reduced lots would not be changed. Thus, if the numbering does change, Condition No. 5 applies to the location of the identified. Any changes should be identified on the final plat map. Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Pinnacle Estates, PLT03-O002 Page 10 of lO EXHIBIT "B" TO RESOLUTION NO. 3718 BEFORE THE HEARINGS EXAMINER ['OR THE CITY OF AUBURN Page 1 In the Matter of the Application of Pinnacle Estates For Approval of a Preliminary Plat NO. PLT03-0002 ORDER ON REQUEST FOR CLARIFICATION On March 29, 2004 the Hearing Examiner of the City of Auburn issued a recommendation of approval for the above captioned matter. The recommendation included 5 conditions that were supported and submitted by the City of Auburn Planning Department. On April 7, 2004 a planner for the City requested clarification of the recommendation by seeking the source of support in the Findings for condition No. 2. The e-mail request of the planner shall be exhibit 16 of the record. Condition No. 2 read as follows: 2.In order to ensure the accurate placement of the home/structure(s) in relationship to the setbacks required from property lines, easements or other similar features associated with a lot, the City's Building Official may require that all applicable comers of the structure be surveyed and staked prior to the pouring of footings or foundations. The Auburn Planning Department submitted that no finding in the Hearing Examiner's recommendation supported this condition. While the Department is correct in stating that conditions should be supported by Findings from the record the source of the condition can also be found in the ordinances of the City of Aubum. The Auburn City Code establishes required setbacks from property lines, easements and other similar features. Even though the Findings may not specifically address the setbacks the Applicant is not excused from any requirements that are mandated in the Code. The source of Condition No. 2 is the setback standards of the ACC. As a means of satisfying those setbacks the City's Building Official has authority to require all applicable comers of the structures on the lots be surveyed and staked prior to the pouring of footing or foundations. Further the March 29, 2004 Recommendation is amended to reflect that the City Code ~of Auburn is cited as the Auburn City Code (ACC) and not the Auburn Municipal Code (~V~C). Dated this 7th day of April, 2004. /SI James M. Driscoll, Hearing Examiner