HomeMy WebLinkAbout4182RESOLUTION NO. 4182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING A PRELIMINARY
PLAT APPLICATION TO SUBDIVIDE 5.2 ACRES INTO 16
LOTS AND TWO TRACTS FOR WETLANDS AND BUFFERS
AND UTILITIES WITH TWO PLAT MODIFICATIONS,
WITHIN THE CITY OF AUBURN, WASHINGTON
WHEREAS, Application No. PLT06-0003, dated April 6, 2006, has been
submitted to the City of Auburn, Washington, by Prium Development LLC, requesting
approval of a preliminary plat application to subdivide 5.2 acres into 16 lots for future
residential development with two plat modifications, and two 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
March 28, 2007, after which, on April 10, 2007, the Hearing Examiner made Findings of
Fact, Conclusions of Law and Recommendations in which the Hearing Examiner
recommended approval of the preliminary plat subject to conditions; and
WHEREAS, the City Council, at its meeting of May 7, 2007, considered and
affirmed the Hearing Examiner's recommendation for preliminary plat based upon said
Findings, Conclusions and Recommendations.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON HEREBY RESOLVES as follows:
Resolution 4182
May 21, 2007
Page 1 of 4
Section 1. The Hearing Examiner's Findings, Conclusions and
Recommendations attached hereto as Exhibit "A" incorporated in this Resolution by this
reference, are hereby approved and adopted, except as noted herein below.
Section 2. The request for preliminary plat approval to subdivide 5.2 acres into
16 lots for future residential development, and street, utility, and wetland 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. Prior to the issuance of FAC permits, a landscaping plan with applicable cross
sections is required for approval by the City, to show that the storm drainage
pond aesthetic requirements, consistent with city standards, can be
accommodated on site.
2. All utilities shall be placed within the public right-of-way. If utilities need to be
placed on private property then access tracts with suitable driving surfaces and
adequate grades meeting the requirements of the City's Design Standards for
access tracts shall be established.
3. Proposed Conditions, Covenants and Restrictions (CC&Rs) for the future
Homeowners' Association shall be submitted for review and approval by the City
prior to final plat approval. This document shall specify the financial means of
maintenance of all common open spaces.
4. Prior to the issuance of grading permits, all existing septic tanks shall be
abandoned, if any, per the Tacoma-Pierce County Health Department
requirements and copies of the approved abandonment papers from the Health
Department shall be provided to the City.
5. Prior to final plat approval, the developer shall abandon existing wells, if any, per
Washington State and Tacoma-Pierce County Health Department regulations
and deed/transfer the water rights for said wells over to the City of Auburn.
6. The final plat drawing shall include addresses for each lot as assigned by the
City.
7. The wetlands tracts shall be owned and maintained by the Homeowners'
Association. Prior to commencement of grading activities, buffers for the wetland
tract shall be staked, flagged, silt fencing installed, and signage placed on-site by
Resolution 4182
May 21, 2007
Page 2 of 4
the applicant. Wetland sign content and location shall be shown in the final
wetland mitigation plan and be approved by the City of Auburn Director of
Planning, Building, and Community.
8. The applicant shall work with the Auburn and Dieringer School Districts to
coordinate safe bus stop locations. A letter from each school district verifying the
bus stop locations shall be submitted to the city prior to final plat approval. And
the Public Works Director shall verify the diameter of the cul-de-sac conforms to
not less than City standards and meets School District needs.
9. "Access tracts" in Condition 2 recommended in the Staff Report shall be replaced
with "City access tracts."
10. The following sentence is added to the end of Condition 3 recommended in the
Staff Report: "The CC&R's shall provide that the provisions requiring
maintenance of common areas shall not be amended without City approval. The
CC&R's shall further provide that the City may perform wetland area and
common area maintenance at the expense of the Homeowner's Association if the
Association fails to perform needed maintenance within a reasonable time as
specified by the City." Additionally, the obligation to maintain the wetland and
common areas shall be an obligation binding on the owners of the lots of the plat
and City maintenance efforts may be enforced by liens on the lots of the plat, and
the obligation for such maintenance shall be stated on the face of the plat, and
shall be binding on the owners of the lots of the plat and their heirs, assigns and
successors in interest.
11. Findings of Fact 12 through 26 of the Staff Report should be adopted as
conditions of preliminary plat approval, provided that any references to the
curvature of the road(s) in said Findings of Fact that speak of curved radii of "170
degrees" and/or "370 degrees" shall mean, for the purposes of this adoption,
"170 feet" and/or "370 feet."
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.
Resolution 4182
May 21, 2007
Page 3 of 4
E'
Dated and Signed this ~•% day of , 2007.
CIT BURN
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PETE B. LEWIS,
MAYOR
ATTEST:
Darnelle E. Daskam,
City Clerk
APP.I~Oa/ED ~c~0 FORM
'B`aniel B. Hei
City Attorney
Resolution 4182
May 21, 2007
Page 4 of 4
Exhibit A
BEFORE THE HEARING EXAMINER FOR THE CITX OF AUBURN
Phil Olbrechts, Hearing Examiner
RE: Prium Development LLC
FINDINGS OF FACT, CONCLUSIONS
Preliminary Plat OF LAW AND RECOMMENDATION.
PLT06-0003
INTRODUCTION
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The applicants have applied for preliminary plat approval of a 16 lot residential
subdivision, including two plat modifications. The plat modifications involve an
extension of the maximum distance permitted for a dead end street from 600 to 675
feet and a reduction in the required horizontal curve radius from 370 degrees to 170
degrees. The Examiner recommends approval of the preliminary plat and requested
plat modifications.
ORAL TESTIMONY
The only persons present for the hearing on this application were the applicant's legal
representative,' Matt Sweeney, and Elizabeth Chamberlain on behalf of staff. Oral
testimony was composed primarily of answers to questions from the Hearing Examiner
relating to the plat modification. Ms. Chamberlain testified that in staff's opinion there
was no feasible alternative to the proposed length and curvature of the road that could
have put the road into compliance. Ms. Chamberlain stated that the only access into
the plat was from Lake Tapps Pazkway East, located along the southern border of the
subdivision. The northern end of the road could not connect to 182nd Avenue (located
to the east) because this street was sepazated from the project by property approved for
commercial development and wetlands. Connections to the north and west were also
not possible because of wetlands and/or existing development. Ms. Chamberlain
testified that the engineering department had determined that the proposed curvature of
the road was safe given the low speeds and traffic volumes for the road. She stated that
the City's curvature standazds were more strict than those recommended by the
American Association of State Highway and Transportation Officials (nationally
recognized street design standazds), but she was not aware whether the proposed
curvature exceeded those recommendations. She stated that staff would prefer a
curved road over a 90 degree turn.
Ms. Chamberlain also discussed the stub road located on the north end of the project.
Staff required the applicant to dedicate property for the stub road for future extension
into a pazk adjoining the project to the north. Ms. Chamberlain stated that the road
would likely be extended into the park within the next ten years. Ms. Chamberlain
(PA0657835.DOC;1/00083.9000001 }
Preliminary Plat Recommendation p. 1 Findings, Conclusions and Recommendation
stated she did not believe funding was available at this time and that recreational
opportunities would be limited in the park due to wetlands.
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Ms. Chamberlain explained how staff had concluded that the project met the City's
park standards. She stated that the City's standards only require park land from
subdivisions that have 50 lots or more and that none would be required from a project
of this size. In assessing park need, however, staff considered the proposed
subdivision to be an extension of an adjoining plat also developed by the applicant.
Staff found that the parkland dedicated in that development met the park demand that
would be generated by both the adjoining subdivision and the subject application.
Ms. Chamberlain explained that the staff recommendation for requiring coordination
with the School District for bus stops meant that the developer should notify the
District about the existence of the plat and the need for bus service. Ms. Chamberlain
explained that no added improvements were necessary, since sidewalks were already
on Lake Tapps Parkway.
Ms. Chamberlain explained that recommended Condition No. 2, requiring access
tracks, should allow City access to utilities. She explained that in Condition No. 3 the
requirement for CC&R's was to ensure homeowner maintenance of common areas.
Ms. Chamberlain confirmed that the project would not have any adverse impacts on
any sun:ounding areas. She confirmed that two recent plats in the vicinity been granted
similar modifications to develop and that the plat could not be done without the
modifications.
Matt Sweeney expressly waived any objection to staff's requirement for a stub road on
the north end of the proposed subdivision street.
EXHIBITS
The Exhibits listed on page 9 of the staff report dated March 21, 200? are admitted into
the record.
FINDINGS OF FACT
Procedural:
1. Applicant. The applicant is Prium Development, LLC.
2. Hearing. The Hearing Examiner conducted a hearing on the application at
7:00 p.m. at Auburn City Hall in the Council Chambers on March 28, 2007.
{PA0657835.DOC;1/00083.9000pQ/}
Preliminary Plat Recommendation p. 2 Findings, Conclusions and Recommendation
Substantive:
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3. Site/Proposal Description. The applicants request approval of a 16 lot residential
preliminary plat called "Carter Estates" located on approximately five acres, yielding a
gross density of 3.2 dwellings per acre. The land is currently vacant and slopes
generally to the northeast into a topographic Swale that extends offsite to the north. The
site has undergone prior forest harvesting activity and is currently dominated by
second-growth forest plant community. Adjoining the plat to the north is City-owned
property, a currently undeveloped pazk inundated with wetlands. The subdivision is
served by a single road accessed from the North Tapps Estates subdivision, adjoining
the southwest corner of the project. The road goes through the subdivision south to
north and stubs into City-owned property. The stub road is planned to extend into the
pazk, but not all the way through it due to wetland development constraints.
The project site is too long and narrow to permit a looped ,road. Wetlands and
adjoining development also prevent any road connections on the northern end of the
property. Given these site and vicinity constraints, the applicant had to request plat
modifications involving an extension of the maximum distance permitted for a dead
end street from 600 to 675 feet and a reduction in the required horizontal curve radius
from 370 degrees to 170 degrees. Staff concur that the requested modifications aze
safe and the only way to provide road access to through the site. It is noteworthy that
most of the excess 75 feet in road length is a result of the City's requirement for a stub
road into the City's property.
A Class 3 wetland exists on the northeast portion of the project site. This wetland is
protected by Tract A.
4. Chazacteristics of the Area. The project site is bounded by Lake Tapps
Parkway to the south, North Tapps Estates (under construction) to the southwest,
undeveloped pazk and Lakeland Hills to the north and northwest and property that has
recently acquired conditional use approval for commercial development to the east.
Lake Tapps is located just a few feet from the southeast corner of the project. The
surrounding area is characterized by single-family development with a variety of
densities, including densities similaz to those proposed in this application.
5. Adverse Impacts. Staff have fully evaluated all impacts of the project and
have recommended sufficient mitigation to prevent significant adverse impacts. The
project is consistent with and compatible with adjoining residential development. No
state or federal threatened or endangered animal or plant species or animal habitat are
on the site. As noted previously, a Class 3 wetland is located in the northeast corner of
the project. The impacts on this wetland have been fully assessed in a Critical Areas
Assessment (Exhibit 11) and a tract (Tract A) has been designated to protect it. Tract
A also provides buffering that exceeds Auburn wetlands. standards in order to provide
for connectivity to an off-site wetland. The Critical Areas Assessment concludes at
Page 16 that the project (presumably with the inclusion of Tract A) will "not require an
{ PA0657835.DOC;1/00083.900000/}
Preliminary Plat Recommendation p. 3 Findings, Conclusions and Recommendation
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adverse impact to wetland, stream, or wildlife habitats resources identified onsite or
within the local area." Findings of Fact' in the staff report identify several City
requirements that will mitigate construction impacts, including requiring an erosion
control plan, limiting hours of construction and requiring a Department of Ecology
Construction Stormwater General Permit. The school district submitted a letter
(Exhibit 13) stating that the turn-around in the project is not large enough to
accommodate a school bus. Staff recommends that children walk to Lake Tapps
Parkway to take the bus. Given that the longest distance any child would have to walk
to the Pazkway would be less than 600 feet (from Lot 9), this appears to be a
reasonable solution.
6. Adequacy of Infrastructure. The project is adequately served by all public and
private infrastructure. Sidewalks will be constructed on both sides of the subdivision's
interior streets and will connect to the sidewalks of adjoining North Tapps Estates,
which in turn connect to the sidewalks of Lake Tapps Parkway. School impact fees
required at the time of building permit issuance are designed to meet demands placed
on the school system. Staff have determined that five acres of park land dedicated by
the applicant as part of the North Tapps Estates development will suffice to meet any
park demand generated by the proposed subdivision. Bonney Lake will supply water
to the project. The City of Auburn will provide sewer and sewer lines will be extended
by the developer prior to building permit issuance as required by ACC 17:10.070. The
preliminazy drainage report calls for a closed conveyance system to dischazge into a
wetland/detention pond on the northeast corner of the site. The City's stormwater
system regulations (ACC Chapter 13.48) will ensure that the stromwater system will be
designed to fully mitigate all adverse environmental impacts caused by stormwater
runoff from the project.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ACC 17.06.030 and .050 provides the
Hearing Examiner with the authority to conduct a hearing and issue a recommendation
to the City Council on preliminary plat applications.
Substantive:
1 The findings of fact contain numerous statements, such as limitations on construction
hours, that appear to be conditions of approval. It is uncleaz whether all of these
requirements are independently required by code provisions outside the subdivision or
ordinance, or whether they need to be made a condition of subdivision approval to be
enforced. Staff Findings 12 through 26 are recommended to be conditions of approval
to avoid any possibility that they cannot be enforced outside the subdivision code.
{PA0657835.DOC;1/00083.900000/}
Preliminary Plat Recommendation p. 4 Findings, Conclusions and Recommendation
2. Zoning Desi ation. The zoning designation is R1, single-family
residential, a district that allows lots with a minimum lot area of 8,000 square feet.
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3. Review Criteria and Application. The applicant seeks preliminary plat
approval and two modification to road design standards. On the modifications, the
applications seeks modification of City of Auburn Design Standards Section 10.02.5.2,
which requires that dead end streets shall not extend for more than 600 feet in length.
The proposed subdivision read is 675 feet in length. The applicants also seek
modification to another design standard that requires a minimum 370 degree curve
radius. The proposed radius is 170 degrees. ACC 17.06.070 governs the criteria for
preliminary plat approval. ACC 17.18.030 governs modifications to subdivision
standards. Relevant criteria are quoted below with corresponding conclusions of law.
Preliminary Plat Standards:
ACC 17.07.070(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.
4. As identified in Finding of Fact No. 6 above, the project is served by adequate
infrastructure and parks. As further discussed in Finding of Fact No. 6, all adverse
impacts of the project aze adequately mitigated. For these reasons adequate provision
has been made for the public health, safety and general welfare. The Council is alerted
to the fact, however, that the subdivision does not contain an adequate turn around for a
bus and that as a result children will have to walk to Lake Tapps Parkway East. There
is over 500 feet of walking distance between Lot 9 and the subdivision access point to
Lake Tapps Parkway East. This appears to be reasonable, but the Council may choose
to require a pathway across Lot 2 or 3 or some other accommodation to reduce the trip
to a school bus stop.
ACC 17.07.070(B): Conformance of the proposed subdivision to the general purposes
of the Comprehensive Plan.
5. The staff report contains an excellent analysis establishing consistency with the
Comprehensive Plan. The proposed density (3.2 dwelling units per acre) is less than
the 6 du/acre maximum set by LY-14. In setting aside land to protect wetlands (Tract
A) and providing for connection of that tract with adjoining wetlands, the project
design promotes integration of residential development with important natural features
as encouraged by Objective 7.3. The required stub road addresses the recreational
demands created by the development, asrequired by LU-23.
ACC 17.07.070(C): Conformance of the proposed subdivision to the general purposes
of any other applicable policies or plans that have been adopted by the City Council.
{ pA0657835.DOC;1/00083.900000/}
Preliminary Plat Recommendation p. 5 Findings, Conclusions and Recommendation
6. As noted in the staff report, the project is consistent with the Non Motorized
portion of the Comprehensive Transportation Plan. Sidewalks will be constructed
along both sides of the internal street network. Sidewalks exist along Lake Tapps
Parkway, which is the main arterial to the south of the project site. Safe walking
conditions will be created through the construction of sidewalks.
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ACC 17.07.070(D): Conformance of the proposed subdivision to the general purposes
of the Land Division Ordinance as enumerated in ACC Section 17.02.030.
ACC 17.02.030: The purpose of this title is to regulate the division of land lying
within the corporate limits of the city, and to promote the public health, safety and
general welfare and prevent or abate public nuisances in accordance with standards
established by the state and the city, and to:
A. Prevent the overcrowding of land;
B. Lessen congestion and promote safe and convenient travel by the public on
streets and highways;
C. Promote the effective use of land;
D. Provide for adequate light and air;
E. Facilitate• adequate provision for water, sewerage, drainage, parks and
recreational areas, sites for schools and school grounds, and other public
requirements;
F. Provide for proper ingress and egress;
G. Provide for the expeditious review and approval of proposed land divisions
which comply with this title, the Auburn zoning ordinance, other city plans, policies
and land use controls, and Chapter 58.17 RCW;
H. Adequately provide for the housing and commercial needs of the citizens of the
state and city;
L Require uniform monumenting of land divisions and conveyance by accurate
legal description;
J. Implement the goals, objectives and policies of the Auburn comprehensive plan;
K. Prevent or abate public nuisances.
7. The project is consistent with the purposes of the Land Division Ordinance as
enumerated above for the reasons identified in the Findings of Fact. As noted
previously, the roads designed for the project are safely designed to meet traffic
demand and sidewalks on both sides of the subdivision street promote pedestrian
safety. The City's zoning regulations provide for setbacks that provide for adequate
light and air. The project is designed to effectively use land and to prevent
overcrowding by setting aside land for wetland protection and facilitating access to
parkland through the required road stub. As previously discussed, the project is
consistent with and implements the Auburn Comprehensive Plan. The project adds 16
dwelling units to-the City of Auburn, thereby serving the housing needs of the City and
the State. As noted in Finding of Fact No. 6 there is adequate infrastructure serving the
(PA0657835.DOC;1/00083.900000/}
Preliminary Plat Recommendation p. 6 Findings, Conclusions and Recommendation
project. The City's standards for final plat approval ensure accurate legal descriptions
and uniform monumenting.
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ACC 17.07.070(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.
8. As noted at Page 4 of the staff report, the subdivision complies with Zoning Code
minimum lot size and lot width. Zoning Code compliance for all other design features
will be required at building permit review. As testified by staff, the proposed roads
and preliminary engineering design have been reviewed by the City's engineering
staff who have concluded that the road and preliminary stormwater design complies
with City engineering standards and specifications, with the exception of the two
requested plat modifications.
ACC 17.07.070(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.
9. A Determination of Nonsignificance was issued on February 22, 2007 for this
project. Compliance with the recommended conditions of approval will assure that
the proposal will not have an adverse impact on the environment. A wetland analysis
report has been prepared by Habitat Technologies, dated April 6, 2006 and revised
July 12, 2006 (Exhibit 11). As discussed in the Findings of Fact, Tract A depicted on
the preliminary plat has been designed to implement the recommendations of the
report.
ACC 17.07.070(G): Adequate provisions are made so the preliminary plat will
prevent or abate public nuisances.
10. The City's detailed development standards will make it unlikely that any public
nuisance will be created or facilitated by subdivision design. Chapter 8.12 ACC
authorizes the City to abate nuisances should any occur.
Modification of Plat Design Standards:
ACC 17.18.030(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;
11. As noted in Finding of Fact No. 3, the project site is too narrow to allow a looped
connection and there is no feasible avenue for road grid connection on the north end of
the lot due to wetlands and adjoining development. The only way the City could
{ PA0657835. DOC;1/00083.900000/ }
Preliminary Plat Recommendation p. 7 Findings, Conclusions and Recommendation
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require conformance to the 600 foot road length would be to remove the stub road
requirement, which would remove vehicular access to Sunset Park from the project
site.
ACC 17.18.030(B): That, because of such special circumstances, the development of
the lot in strict conformity with the provisions of this title will not allow a reasonable
and harmonious use of the property;
12. Without the reduction in required horizontal curve radius, only the southern half
of the property would be accessible to vehicular traffic. The code would presumably
allow a perpendiculaz road alignment in the subdivision in lieu of the proposed 170
degree turn, but staff determined that such an alignment would be less desirable than
the proposed 170 degree turn. As noted previously, the reduction of the road length to
600 feet would deprive the public of road access to Sunset Pazk from the project site.
For these reasons, the requested modifications aze necessary to allow a reasonable and
harmonious use of the property.
ACC 17.18.030(C): That the modijication, if granted; will not alter the character of
the neighborhood, or be detrimental to surrounding properties in which the property is
located;
13. The property is surrounded by residential development of similar density.
As previously discussed, the proposed modifications are necessary for the developer to
construct the similar development.
ACC 17.18.030(D): Such modi, fication will not be materially detrimental to the
implementation of the policies and objectives of the comprehensive land use plan,
circulation and utility plans of the city;
14. The modifications enable the construction of a plat that is consistent .with
the policies and regulations of the City. Staff have concluded that the modifications are
safe and otherwise consistent with all City standards. In enabling the subdivision, the
modifications further comprehensive plan policies encouraging infill development.
The modifications also promote recreational use by enabling a connection to Sunset
Pazk.
ACC 17.18.030(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;
15. The other properties in the vicinity have been able to develop as
subdivisions. As noted previously, only half of the parcel could be divided into lots at
the size authorized by the Zoning Code if the modifications were not granted. Staff
also testified that similar modifications have been granted to other subdivisions in the
vicinity. Consequently the criterion above is satisfied.
(PA0657835.DOC;1/00083.900000/ }
Preliminary Plat Recommendation p. 8 Findings, Conclusions and Recommendation
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ACC 17.18.0300: The approval of the modification will be consistent with the
purpose of this title;
16. The modifications are necessary to enable the proposed subdivision. As
discussed in Conclusion of Law No. 7, the proposed subdivision is consistent with the
purpose of the subdivision ordinance. The modifications themselves are also
consistent with the purpose of the subdivision ordinance since they provide for safe
egress and ingress into the subdivision and provide additional opportunities for public
recreation.
ACC 17.18.030(G): The modification cannot lessen the requirements of the Zoning
ordinance. Any such modification must be processed as a variance pursuant to ACC
18.70.010.
17. No modifications to Zoning Code requirements are necessary for the
modifications requested to the City's Design Standards.
RECOIVIlVIENDATION
Based upon the application and Findings of Fact and Conclusions of Law, the Hearing
Examiner recommends approval of the preliminary plat with the conditions
recommended in the staff report, with the additional conditions:
1. "Access tracts" in Condition 2 recommended in the Staff Report shall be replaced
with "City access tracts."
2. The following sentence is added to the end of Condition 3 recommended in the
Staff Report: "The CC&R's shall provide that the provisions requiring maintenance of
common areas shall not be amended without City approval. The CC&R's shall further
provide that the City may perform common area maintenance at the expense of the
Homeowner's Association if the Association fails to perform needed maintenance
within a reasonable time as specified by the City: '
3. Findings of Fact 12 through 26 of the Staff Report should be adopted as conditions
of preliminary plat approval.
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Dated this~~ day of , 2007.
ilOlbrechts --~.
City of Auburn Hearing Examiner
{PA0657835.DOC:1/00083.900000/}
Preliminary Plat Recommendation p. 9 Findings, Conclusions and Recommendation
Exhibit B
-Legal Description
Carter Estates
That portion of the Southeast quartthr of the Southeast quarter of the Northeast
quarter and that portion of the East half of the Southwest quarter of the
Southeast quarter of the Norlfieast quarter, all in Section 5, Township 20 North,
iZange 5 East of the W.M., Pierce County, Washington, more particularly
described as follows;
Beginning at the Northwest comer of the East half of said Southwest. quarter of
the Southeast quarter of the Northeast quarter of said Section 5;
Thence along the North line of said East half and the North line of said Southeast
quarter of the Southeast quarter of the northeast quarter, North 89°36'33" East
945.78 feet to the Northwesterly right of way of the EI Paso Natural Gas
Company as per deed recorded under Pierce County Auditors number 2410280;
Thence along said Northwesterly right of way, South 58°07'04" West 443.93
feet to an angle point in said right of way;
Thence continuing along said Northwesterly right of way, South. 41°15'04"
West 503.06 feet to the Northerly right of way conveyed to Pierce County for
Lake Tapps Parkway-East, CRP 5486.
Thence along said Northerly right.of way South 89°08'19" West 271.79 feet do
the West line of said East half;
Thence along said West line, North 03°14'58" East, 611.30 feet to the
Point of Beginning..
Subject to and together with easements, reservations and/or n~trictions of
record.
Containing 337,888 square feet of land, more or less.
ods/,~n $/11/05
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