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RESOLUTION NO.3 7 6 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING THE PRELIMINARY
PLAT TO SUBDIVIDE 3.05 ACRES OF LAND INTO 13 SINGLE-
FAMILY RESIDENTIAL LOTS AND ONE STORM WATER TRACT
WHEREAS, Application No. PL T04-0004, dated February 18, 2004, has
been submitted to the City of Auburn, Washington, by David Malik and Thomas
Pike, requesting approval of a Preliminary Plat to subdivide 3.05 acres of land
into 13 single-family residential lots and one storm water tract, 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 August 17, 2004, of which the Hearing Examiner recommended
approval of the Preliminary Plat on September 17,2004; and
WHEREAS, on September 29, 2004, the applicant submitted a request
for reconsideration of condition 4 of the Hearing Examiner recommendation;
and
WHEREAS, on October 22, 2004, the Hearing Examiner issued an
amended recommendation to withdraw condition 4 and replace it with a new
condition 4;
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Resolution No. 3768
October 27,2004
Page 1
WHEREAS, the City Council, on November 1 2004, considered said
request and affirmed the Hearing Examiner's recommendation for preliminary
plat based upon the following Findings of Fact and Conclusions, to-wit:
FINDINGS OF FACT
1. The Applicants requested approval of a preliminary plat to subdivide two
noncontiguous parcels consisting of 3.04 acres of land (tax parcels 333940-
0090 and 333940-0018) into 13 single-family residential lots and one storm
water tract. The subject parcels, located in the Lea Hill area, are connected
by a utility easement that crosses the parcel between them owned by third
parties. The west division of the proposed plat, owned by Mr. Malik, is
located at 31812-112th Avenue SE and the east division, owned by Mr.
Pike, is located at 11533 SE 318th Place in Auburn, Washington. Exhibit a,
page 1,. Exhibits 2, 3 and 5.
2. The subject property is zoned Single-Family Residential (LHR-2). Exhibit 1,
page 1. Development standards in the R-2 zone require a minimum lot
area of 6,000 square feet, a minimum lot width of 60 fee, a minimum lot
depth of 80 feet, and front yard setbacks of 20-feet. ACC 18.14.040. All 13
of the proposed lots would meet or exceed square footage and minimum lot
depth standards. Exhibit 5.
3. Surrounding land uses are all single-family residential uses and have
zoning designations of LHR-2. Exhibit 1, page 2. The subject property is
generally rolling with slopes of 5 to 15%, with the greater slopes being in
the west division. The underdeveloped portions of the subject property
contain alder, maple, fir and cedar trees, shrubs, and grass. Songbirds
and squirrels have been observed, but no endangered or threatened
species are known to exist on-site. Exhibit 4, Environmental Checklist.
Studies commissioned and submitted by the Applicants indicate that the
subject property contains no wetlands, significant aquatic habitat, or
significant bald eagle habitat. Exhibits 10 and 11.
4. The purposes of the Auburn subdivision code are to prevent the
overcrowding of land; lessen congestion and promote safe and convenient
travel; promote the effective use of land; promote for adequate light and
air; facilitate adequate provision of public infrastructure and services;
provide for the expeditious review and approval of land divisions;
adequately provide for the housing and commercial needs of citizens;
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Resolution No. 3768
October 27,2004
Page 2
require uniform monumenting of land divisions; implement the goals,
objectives and policies of the Comprehensive Plan; and prevent or abate
public nuisances. ACC 17.02.030.
5. The City's subdivision code requires that corner lots intended for
residential development be at least five-feet wider than the minimum width
required by the zoning ordinance. ACC 17. 12. 25(D). In the west division,
the proposed lots satisfy the corner lot requirement. In the east division,
the east-most lot complies with the corner lot requirement, but the west-
most lot is the subject of a variance request for reduced width. Exhibit 5.
6. The proposed plat is consistent with the policies of the City of Auburn
Comprehensive Plan. Land Use Policy 14 (LU-14) requires that single-
family residential developments have densities no greater than six units
per acre. Transportation Policy TR-13 requires that where possible,
existing streets should be linked and planning should be implemented to
allow for future connectivity with existing and other streets. Exhibit 1,
pages 3-4. Through Environmental Policies EN-20 and EN-24, the City
encourages retention of existing vegetation during new development,
including significant trees. The City requires connections to the existing
public street system as a matter of policy, requiring the costs of such
connections to be bourne by developers. Such connections should include
the elimination of lengthy dead ends streets and are intended to support a
sense of interconnectedness and community, as well as to provide
improved emergency vehicle access. Transportation Policy 23; Land Use
Policies 56 and 58; Exhibit 7, MDNS, Conclusions. City staff testified that
the proposed plat, as conditioned, would be consistent with the policies of
the Comprehensive Plan. Exhibit 1, pages 3-4; Testimony of Mr. Osaki.
7. Each of the two divisions of the plat contains an existing residence which
each Applicant intends to retain. The placement of each existing
residence has prompted each Applicant to seek a variance for their
respective decision of the proposed preliminary plat. In the west division,
the placement of the existing house has prompted Mr. Malik to request a
variance from the front yard setback required under Auburn City Code
(ACC) 18.14.040.F.1. In the east division, placement of the existing
residence caused Mr. Pike to request a variance from the minimum lot
width required under ACC 18.14.040.C. The variance requests impact the
number of lots allowed in each division, but the preliminary plat application
could be approved whether or not the variances were granted. Exhibit 3;
Exhibit 1, page 2; Testimony of Mr. Osaki. City staff testified that, with the
exception of the variance issues, the proposed plat as conditioned
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Resolution No. 3768
October 27, 2004
Page 3
complies generally with the development standards of the subdivision
ordinance. Testimony of Mr. Osaki; Exhibit 1, page 4.
8. The combined preliminary plat application was submitted February 18,
2004. Exhibits 3 and 4. A joint engineering plan for the two parcels was
submitted by Aleanna Kondelis of Cramer Northwest, Inc, for the
Applicants at the request of City staff. Exhibit 3, Letter to Sean Martin, City
of Auburn Planning Services.
9. The two divisions of the proposed plat are separated by a parcel that is
owned by Dan and Jackie Hurley. The Applicants propose to convey
storm water runoff from the Pike division through a utility easement over
the Hurley property into a stormwater detention and treatment facility on
the far west end of the Malik division. Applicant Pike entered into a private
agreement with the Hurleys to obtain a 15-foot utility easement along the
north boundary of the Hurley property. The terms of the agreement
stipulate that the easement may be used to convey water, sewer,
stormdrain, natural gas, and communications utilities facilities across the
Hurley property for the benefit of the Pike property. In return for the
easement, Mr. Pike agreed to pay the Hurleys $1,000.00 and to replant the
easement area with vegetation or to grade and gravel it, at the Hurleys
option, upon completion of improvements. Exhibit 8. It is noted that at the
hearing the City stated that the easement would be required to be a
minimum of 25 feet wide to provide adequate separation of sewer and
water lines. Testimony of Mr. Welch; Exhibit 18, page 4.
10. Both divisions of the plat will rely on a storm water detention facility located
in the west division. Because the two divisions are being constructed by
different land owners, each on his own schedule, a condition of approval
would be necessary to ensure that the storm water detention facility in the
west is completed before improvements to the east division that could
create stormwater runoff would be constructed. Testimony of Mr. Osaki;
Exhibit 3, Letter Sean Martin, City of Auburn Planning Services.
11. The west division fronts 112th Avenue SE, a minor arterial, which requires
67-feet of right-of-way width. The existing right-of-way is substandard. As
a condition of SEPA approval, the City required the Applicants to dedicate
3.5 feet by statutory warranty deed to the City and to complete half-street
improvements bringing 112th Avenue SE to "Minor Arterial" standards. The
deed and street improvement plan must be submitted and approved by the
City prior to building permit issuance. Exhibit 1, page 2; Exhibit 5; Exhibit
7, page 5.
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Resolution No. 3768
October 27,2004
Page 4
12. The east division fronts both 116th Avenue SE, a public road, and SE 318th
Place, a private access easement. Exhibit 5. The Applicants would be
required to construct half-street improvements on 116th Avenue SE to the
standard defined by the City's Design and Construction Standards manual.
Exhibit 1, page 2; Exhibit 7, page 2.
13. Access to the west division would be provided through construction of a
new public street (SE 318th Street) connected to 112th Avenue SE.
Placement of the new public street has been a difficult issue for this project
due to the shape and size of the parcel, the location of the existing
residence on proposed Lot 1 within 25 feet of the northern property line,
and an existing utility easement encumbering the southern property
boundary in the proposed stormwater tract, which prevents placement of
the new road along the south boundary. Testimony of Mr. Osaki; Exhibit 5.
The proposed public road would require dedication of 35-feet of right-of-
way along the northern property line across all lots in the west division and
the storm drainage tract to create a stub end road for eventual connection
with SE 318th Place. Exhibit 5. The proposed public road would require
dedication of 35-feet of right-of-way along the northern property line across
all lots in the west division and the storm drainage tract to create a stub
end road for eventual connection with SE 318th Place. Exhibit 5. The
public road dedication could necessitate reconfiguration of Lots 7 and 8 in
order to maintain compliance with minimum lot area requirements. A
temporary cul-de-sac easement, 65-feet in diameter, would be required at
the stub end of the public street to allow for emergency vehicle turn around
until the through road connection is created, at which time the easement
could be lifted. Testimony of Mr. Welch; Exhibit 18, page 4.
14. The east division would access 116th Avenue SE by expanding the existing
private access easement known as SE 318th Place. Exhibit 1, page 2.
The Applicants would be required to develop the private street to public
half-street standards in anticipation of the through road connection in the
future, although they could maintain it as a private road until that time. As
a condition in the MDNS, the City required the private access easement to
be dedicated to the City when the through connection is constructed.
Future owners of west division lots would be notified by a note on the final
plat that each lot in the east division would be required to dedicate the
area needed for the public road. Testimony of Mr. Welch; Exhibit 18, page
3.
15. According to information provided by the Applicants, approximately 56
vehicle trips per day would be generated by the plat with peak volumes
occurring between 7:00 a.m. and 9:00 a.m. and 4:00 p.m. and 6:00 p.m.
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Resolution No. 3768
October 27, 2004
Page 5
daily. Exhibit 4, page 18. Less than 30 of the new trips are anticipated to
occur in the p.m. peak hour. Exhibit 7, MONS. A condition of approval
would be required to ensure that the Applicants pay the required
transportation impact fees in effect at the time of building permit
application prior to building permit issuance, pursuant to ACC 19.14.040.
Exhibit 1, page 3; Testimony of MR. Osaki.
16. The City of Auburn Comprehensive Plan designation of the subject
property is Single Family Residential. Exhibit 1, page 1. The Single
Family Residential designation designates and protects areas for single-
family dwelling. The proposed plat would support the Comprehensive
Plan's Land Use Policy LU-14, which encourages the majority of Single-
Family Residential designated areas to be developed to a density of
between four and six dwelling units per acre. In addition, the proposed
plat would support Transportation Policy TR-13, which calls for
construction of roads to facilitate street connectivity in future development
to promote ease of vehicle and pedestrian circulation. Exhibit 1, pages 3-
4.
17 . Electricity, natural gas, garbage service, telephone, and public water and
sanitary sewer serve the existing residences on the subject property. The
Applicants propose to extend potable water and sanitary sewer service to
the proposed lots. Exhibits 4, page 19. Fire and police protection would
be provided by the City of Auburn.
18. The subject property is located within the Auburn School District. A
condition of approval would be required to ensure that the Applicants pay
the required school impact fees pursuant to ACC 19.02.070 prior to
building permit issuance. Exhibit 1, page 3; Testimony of Mr. Osaki.
19. It is the policy of the City to require parkland dedication where a proposed
subdivision would result in a substantial increase in parkland or is needed
to prevent or abate public nuisances. Generally, dedication of parkland is
required in residential developments of 50 or more lots. However, where it
is determined that the proposed subdivision, together with any reasonably
anticipated future development on adjacent or nearby land, will act in a
cumulative manner to substantially increase demand for park land,
dedication may be required of smaller subdivisions. ACC 17.12.260. The
City has not required any dedication of parkland in the present application.
Existing recreational opportunities in the vicinity include Green River
Community College hiking trails, City of Auburn Dale Park, and Hazelwood
Elementary, Lea Hill Elementary, and Rainier Junior High School play
fields. Exhibit 4, page 17.
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October 27,2004
Page 6
20. A transit stop is located approximately one bock south of the project.
Exhibit 4, page 18.
21. Pursuant to the State Environmental Policy Act (SEPA), the City of Auburn
acted as lead agency for review of environmental impacts caused by the
proposal. The City issued a Final Mitigated Determination of
Nonsignificance (MDNS) on July 26, 2004. The MDNS contains six
conditions addressing the following:
Significant tree retention and replacement; the storm water easement
across the Hurley property; dedication of right-of-way and frontage
improvements for 112th Avenue SE; internal street improvement
requirements; emergency vehicle access at the stub ends of internal
access roads; and a final biological assessment of wildlife and habitat on-
site. Exhibit 7. The MDNS was not appealed. Testimony of Mr. Osaki.
22. A shared well located in the proposed drainage tract in the west division
serves the existing residence on the parcel and an adjoining property to
the north owned by Pat and Brenda Perry. Mr. Malik (owner of the west
division) seeks to abandon the well and to connect to public water. Exhibit
5; Exhibit 7. The City received a comment letter from the Perrys in which
they object to the applicant's plan to abandon the well. Exhibit 12. The
City may require the Applicant to decommission the well in compliance
with regulations. Exhibit 7, page 3. Any issue between the Applicant and
the neighboring property owner served by the well would be a private
dispute and not subject to the jurisdiction of the Hearing Examiner.
23. The proposed plat was reviewed by the Building, Fire, Public Works, M&O,
Parks, Planning, and Police Departments of the City of Auburn. Exhibit 1,
page 1. Review comments from those agencies were incorporated into
the staff analysis and have formed the basis of the recommended
conditions of approval. Testimony of Mr. Osaki. The City recommended
approval of the plat application. Testimony of Mr. Osaki; Exhibit 1, page 1.
The Applicants concurred with the City's analysis as presented at hearing.
Testimony of Ms. Kondelis.
24. The City received comments from several surrounding property owners.
These concerns pertained to the following: a shared well with off-site
property; retention of significant trees, specifically along property lines;
privacy protection through fencing and tree retention; possible bald eagle
habitat and wetlands on or near the proposed site; storm water runoff from
the proposed development; and compatibility of the proposed development
with surrounding livestock and private property. Exhibits 12, 13, 14, 16;
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Resolution No. 3768
October 27,2004
Page 7
Testimony of Mr. Perry; Testimony of Mr. Sundqvist; Testimony of Mr.
Armatas; Testimony of Mr. Clark; Testimony of Mr. EIom. In response to
citizen comments, the City required additional site studies for critical
arrears and sensitive species. Exhibits 10 and 11. The City responded to
each public comment letter received. Exhibits 12a, 13a, 14a, 15a, and
16a.
25. After review of all citizen comments and the proposal in light of applicable
code provisions, the City recommended approval of the proposed plat.
Testimony of Mr. Osaki; Exhibit 1, page 3.
26. The City provided reasonable notice of the public hearing to the public and
known interested parties. Testimony of Mr. Osaki; Exhibit 17.
CONCLUSIONS OF LAW
Jurisdiction
The Hearing Examiner is granted jurisdiction to hear and make a
recommendation to the City Council pursuant to RCW 36.70.970 and ACC
17.06.050 and 18.66.030.
Criteria for Review
Auburn City Code 17.06.070 provides criteria for review for preliminary plat
applications. Such applications shall only be approved in 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;
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Resolution No. 3768
October 27,2004
Page 8
D. Conformance of the proposed subdivision to the general purposes of this
title, as enumerated in ACC 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 ACC 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 57.17.100,
which the Applicant must also satisfy for approval of a preliminary plat
application. RCW 58.17.100 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, 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.
RCW 58. 17. 100.
Conclusions Based on FindinQs
1. 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
preliminary plat will connect to public utilities, improve existing roads to
City standards, and construct new roads to City standards. Conditions of
approval will ensure that transportation and school impact fees are paid in
accordance with local ordinance. A condition of approval will ensure that
storm drainage will be adequately controlled by requiring construction in
phases, with the storm drainage tract in the west division being completed
before improvements to the east division are permitted. As conditioned,
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Resolution No. 3768
October 27,2004
Page 9
adequate provisions for the protection of the public health, safety, and
general welfare have been or will be provided. Finding Nos. 6, 7, 9, 10,
11, 12, 13, 14, 15, 17, 18,20,23,24, and 25.
2. The proposed subdivision conforms to the general purposes of the
comprehensive plan. The single-family residential development will be
consistent with the Single Family Residential Comprehensive Plan
designation and will support Auburn's Environmental, Transportation and
Land Use policies and goals. Finding Nos. 16, 23, and 25.
3. The proposed subdivision conforms to the general purposes of other
applicable policies and plans. The proposed plat is generally consistent
with the applicable policies or plans of the City of Auburn, except for the
issues subject to the two pending variance applications, decided in
separate decisions. Findings Nos. 5, 6, and 7.
4. The proposed subdivision conforms to the general purposes of the
subdivision code. The proposal is generally consistent with the policy of
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 payment of impact fees will contribute
towards road and school improvements; dedication of right-of-way and
construction of frontage improvements on 112th Avenue SE and 116th
Avenue SE will promote safe travel; and the construction of SE 318th Place
will provide for proper ingress and egress. Finding Nos. 4, 5, 7, and 15.
5. The proposed subdivision conforms to the Auburn Zoning Ordinance
and other applicable planning or engineering standards. Evidence
was provided that the plat can comply with the applicable standards. Each
of the lots in the west division will satisfy R-2 dimensional standards. Lots
in the east division will either conform with dimensional standards or will be
approved by variance in a separate decision. Lots containing existing
structures will either granted variance from applicable setback
requirements or will be required to be brought into compliance with those
standards. Payment of impact fees will be required at the time of building
permit issuance. No park mitigation is required. Compliance with the
engineering standards will be determined at the time of civil plan review.
Findings nos. 6, 7, 18, 15, and 19.
6. Any potential significant adverse environmental impacts of the
proposed subdivision were mitigated through the SEPA process.
Finding No. 21.
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Resolution No. 3768
October 27, 2004
Page 10
7. Adequate provisions are made so that the preliminary plat will
prevent or abate public nuisances. Compliance with development
regulations ensures that the City's authority to regulate public nuisances is
maximally implemented. Citizen concerns about the incompatibility of the
proposed development with their existing private property uses are private
matter not subject to Hearing Examiner jurisdiction. Finding Nos. 6, 7, 24,
and 25.
Recommendations
1. The Applicants shall submit a road construction plan for review and
approval by the City that includes dedication of a 35-foot right-of-way along
the north property line for the entire length of the west division. The
dedication will create a stub end road to provide for an east west through
connection between 11 ih Avenue SE and 116th Avenue SE at a future
date. This may require reconfiguration of Lots 7 and 8 to maintain
compliance with the minimum lot area requirements of the zoning district.
2. A temporary cul-de-sac easement shall be created over Lot 8, and Lot 7 if
necessary, to allow for emergency vehicle turn around during the time
before the east west through connection is constructed. The cul-de-sac
shall have a minimum diameter of 65-feet. At such a time as the through
road connection is constructed, the easement shall be lifted from the
affected lots. The cul-de-sac easement shall be reviewed and approved
by the City Public Works department at the time of engineering review and
recorded prior to the final plat approval.
3. The utility easement across the property between the two divisions of the
plat shall be a minimum of 25-feet wide to allow for minimum required
separation of sewer and water lines. If such an arranaement cannot be
reached between the Applicants and the owners of what is now the Hurlev
parcel. the east division (Owner bv Pike) of the plat shall be denied.
4. The east division may receive approval for all construction permits,
including clearing and grading and utility extension provided that all
construction on the east parcel that could result in increased storm water
runoff be timed to occur after the completion of the storm water
conveyance and detention facilities in the west division and across the
Hurley property.
5. The Applicants shall each pay City of Auburn transportation impact fees in
effect at the time of building permit application for the number of lots in
their own division prior to building permit issuance.
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Resolution No. 3768
October 27,2004
Page 11
6. The Applicants shall each pay City of Auburn school impact fees in effect
for the Auburn School District at the time of building permit application for
the number of lots in their own division prior to building permit issuance.
Conditions of MDNS Approval:
7. Siqnificant Trees: Prior to authorization to begin clearing and grading for
each division, the Applicants shall each submit for review and approval by
the Planning Director a significant tree survey and retention plan for their
own division. These plans shall outline measures to protect significant on-
and-off-site trees, including the following:
a. The location of all on-site trees meeting the City's definition of
"significant tree;"
b. The approximate location of all off-site trees with driplines
extending into the subject property;
c. Identification of all trees on-site proposed for retention;
d. The identification of protective measures to be employed for the
on-site trees to be retained and off-site trees with driplines that
extend into the subject property; and
e. In the event that more than 50-inches of cumulative diameter of
significant trees are proposed for removal from either division of
the plat, replacement trees are required to be installed as follows:
One 2-inch caliper deciduous tree or one 6-foot tall evergreen
trees shall be planted in the front yard setback or rear yard
setback for ever ten inches of cumulative diameter of significant
trees removed during site construction. The Planning Director
shall approve the replacement trees species.
8. The Applicants shall submit an easement for review and approval by the
City Engineer outlining the plat's shared storm facilities' maintenance and
access rights, which shall be recorded by the Applicants before final plat
approval. The Applicants shall submit a second easement for review and
approval by the City Engineer that depicts the easement for the portion of
the system's infrastructure to be located on the Hurley parcel between the
two divisions of the plat, which shall be recorded prior to the final plat
approval. The second easement shall be a minimum of 25-feet in width
along the entire length of what is now the Hurley property's northern
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Resolution No. 3768
October 27,2004
Page 12
boundary to allow the required minimum spacing between sewer and
water lines.
.9. The Applicant owner of the west division shall dedicate 3.5-feet of the
right-of-way for 112th Avenue SE to the city of Auburn by statutory
warranty deed and complete the half-street improvements for the right-of-
way to the City's current standard for a "Minor ArteriaL" The deed and
street improvement plan shall be reviewed and approved prior to the
issuance of construction permits and must be complete prior to issuance of
a certificate of occupancy.
10. The Applicants shall construct both streets internal to the plat to the
standards required of "Local Residential" public half-streets. The half-
street improvements to be constructed in the east division may be
maintained as a private street held in reserve for future dedication until
such a time as the northern half of the street is constructed to ~ublic half-
street standards or until the through connection of SE 318t Street is
constructed. The reservation shall be shown on all construction plans and
on the face of the final plat map.
11. The Applicants shall demonstrate to the satisfaction of the City Engineer at
the time of construction plan review for each division that proper turning
radii will be provided and maintained at each stub end of the new streets
until such a time as the through completion of SE 318th Street is
completed.
12. The Applicants shall submit a Final Biological Assessment report or letter
confirming that the conclusions and recommendations contained in the
draft Biological Assessment report dated July 21, 2004, are final.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The above-cited Hearing Examiner's Conclusions and
Decision are herewith approved and incorporated in this Resolution.
Section 2. The Preliminary Plat for a 13 single-family subdivision, within
the City of Auburn, legally described in Exhibit "A" attached hereto and
incorporated herein by this reference, is hereby approved.
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Resolution No. 3768
October 27,2004
Page 13
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 ~ðveMA1-e,y-
,2004.
r--
--::::;::::::-
ATTEST:
A){)~Silò¿~
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
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Resolution No. 3768
October 27,2004
Page 14
EXHIBIT "A"
Legal Description
THE SOUTH HALF OF LOT 18, BLOCK 1, C.D. HILLMAN'S
AUBURNDALE ADDITION TO THE CITY OF SEATTLE, DIVISION
1, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME
13 OF PLATS, AT PAGE 62, RECORDS OF KING COUNTY,
WASHINGTON.
LOT 4 OF KING COUNTY SHORT PLAT NO. 677081, RECORDED
UNDER RECORDING NO. 7801190881, RECORDS OF KING
COUNTY, WASHINGTON.
(K.C.S.P. # 875054 -7512160330) TL # 3339400090
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Resolution No. 3768
October 27,2004
Page 15