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.
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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
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A
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PETER . LEWIS
MAYOR
ATTEST:
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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.