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HomeMy WebLinkAbout4227RESOLUTION NO. 4227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A PRELIMINARY PLAT APPLICATION FORA 7 LOT RESIDENTIAL SUBDIVISION KNOWN AS LAKELAND AREA 9 WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. PLT06-0006, dated October 5, 2006, has been submitted to the City of Auburn, Washington, by Martin D. Waiss on behalf of Lakeland East, LLC, requesting preliminary plat approval for a seven lot single-family residential subdivision known as Lakeland Area 9; and WHEREAS, said request referred to above 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 application in the Council Chambers of the Auburn City Hall on July 18, 2007, of which the Hearing Examiner recommended approval of the preliminary plat; and WHEREAS, at its regular meeting of August 20, 2007, the City Council considered the Hearing Examiner's recommendations and the material presented to the Hearing Examiner after which the Council voted to approve Application No. PLT06-0006 with the eight conditions recommended by staff as well as the three additional conditions recommended by the Hearing Examiner. Resolution No. 4227 September 11, 2007 Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The following Findings and Conclusions are herewith approved and incorporated in this Resolution. Section 2. The request for preliminary plat approval for a seven lot Single-Family Residential subdivision known as Lakeland Area 9 within the City of Auburn, legally described in Exhibit "A" attached hereto and incorporated herein by this reference, is hereby approved subject to the following conditions: 1. 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. All tracts not dedicated to the City of Auburn shall be maintained by the future Homeowners' Association and identified in the CC&Rs. 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 corners of the structure be surveyed and staked prior to the pouring of footings or foundations. 3. The final plat drawing shall include addresses for each lot as assigned by the City. Resolution No. 4227 September 11, 2007 Page 2 4. Approval of the proposed preliminary Plat is conditioned upon the approval of the requested Major Amendment to the Lakeland Hills South Planned Unit Development Final Development Plan. 5. The subject proposed preliminary plat application was submitted to the city prior to approval of the adjacent final plat of North Tapps Estates located to the west and south. The final configuration of the adjacent plat was therefore not known at the time of application, since this proposed plat relies on this adjacent plat for access and utilities, a revised plat drawing of Lakeland Area 9 shall be submitted showing the relationship of this preliminary plat to the final configuration and street name of North Tapps Estates. 6. The proposed plat development will increase the proximity of human activity and potential disturbance to the adjacent open space, wetland and wetland mitigation area. To ensure clear identification of the property boundary and to minimize intrusion, prior to final plat the applicant shall be responsible to install or financially guarantee the installation of uniform fencing along the northeastern boundary of the site. The type of fence construction shall be reviewed and approved prior to implementation by the Directors of Parks, Arts and Recreation and Planning, Building and Community Department or their designees. 7. The proponent shall provide the City with an access easement for the plat's private storm drainage facilities. The easement shall be shown on the final plat. 8. The applicant shall submit a legal instrument setting forth a plan or manner of permanent maintenance, inspection and operation of the Resolution No. 4227 September 11, 2007 Page 3 private stormwater management system. All operation and maintenance of the private stormwater system shall be the responsibility of the property owners within the plat. The instrument shall further provide that the City may perform stormwater system maintenance at the expense of the property owners if the owners fail to perform needed maintenance within a reasonable time as specified by the City. Additionally, the obligation to maintain the stormwater system 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 of the owners of the lots of the plat shall and their heirs, assigns and successors in interest. The instrument shall be reviewed and approved by the City Engineer prior to final plat approval. 9. Fire hydrants shall be located within 150 feet of every dwelling as required by ACC 15.36A.031. 10. stormwater conveyance and detention shall be designed and constructed as outlined in the Preliminary Storm Drainage Report for Lakeland Area 9 (Exhibit 12). 11. The financial security provided by Lake Tapps Estates for its improvements shall not be used to pay for damage caused by improvement work for the subject subdivision. 12. Five-foot sidewalks, curbs and gutters shall be constructed on each side of the private street. No intervening landscape strip is required between the sidewalk and curb. ---------------------------- Resolution No. 4227 September 11, 2007 Page 4 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. 1 Dated and Signed this _~~ day of , 2007. CITY OF AUBURN ~~ -- - ~ - _.. ~ A y ..____~_.__.~ PETER . LEWIS MAYOR ATTEST: ~, ~ /~ ~~ Dan Ile E. Daskam, City Clerk APPROVED AS TO FORM: aniel B. ~ ; City Attorney Resolution No. 4227 September 11, 2007 Page 5 LEGAL DESCRIPTION THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF W.M., IN PIERCE COUNTY, WASHINGTON, LYING SOUTHERLY AND WESTERLY OF THE F~l01MNG DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER ~ THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER ~' THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE NORTH 03'05'14" EAST 4fi8.4-4 FEET ALONG THE WEST UNE OF SAID SUBDIVISION TO THE POINT OF BEGINNING; THENCE SOUTH 45 54'00` EAST 19293 FEET; THENCE SOUTH (576'27" EAST 119.38 FEET; THENCE SOUTH 12'17'54" EAST 179.43 FEET TO THE NORTHERLY UNE OF LAKE TAPPS PARKWAY RIGHT-OF-WAY; THENCE NORTH 89109`19" EAST ALONG SAID NORTHERLY UNE 10(.63 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, BEING THE TERMINUS OF THIS UNE DESCRIPTION. EXCEPT THAT PORTION CONVEYEUTO PIERCE COUNTY FOR ADDITIONAL RIGHT OF WAY FOR LAKE TAPPS PARKWAY EAST AND 'MINING ACCESS RAMP," BY DEED RECORDED UNDER AUDITOR'S N0. 97031201 71.