Loading...
HomeMy WebLinkAboutITEM VIII-A-3 f CITY OF ,r \ AGENDA BILL APPROVAL FORM R. N WASHINGTON Agenda Subject: Ordinance No. 6348 for Final Plat Application No. Date: February 10, 2011 PLT10=0009 - Lawson Place Department: :Planning and Attachments: Ordinance No. 6348 Budget Impact: Development 'Administrative Recommendation:. City Council introduce 'and'ado t Ordinance. No. 6348. Background Summary: Ronald L. McKenzie, Washington Federal Savings, applicant, has made application for the Final Plat of "Lawson Place". Lawson Place received preliminary plat approval for the subdivision of two parcels totaling 3.03-acres into 14 single-family lots as a single.phase. The subdivision request also includes 2 tracts to provide for shared access and storm water drainage. Tract "A" is a storm drainage tract and will'be dedicated .to the City of Auburn for,ownership and maintenance purposes Tract "B" is a joinfuse driveway tract and will be,conveyeq to the owners of Lots 9; 10 and 11 for ownership and maintenance of the driving surface. The property is located at 3815 Auburn Way South, on the south side of Auburn Way South, east of Poplar Street SE (S21, T21 N, R5E). The Hearing Examiner recommended approval of PLT05-0005 to the City Council on May 1, 2006. The preliminary plat:was approved by the City Council on May 11,`,2006 by Resolution No. 4025. The plat hasbeen developed in accordance with the conditions:of the preliminary plat: On December 13, 2010 Dennis Selle, City Engineer signed off on the certificate of improvements stating that the required improvements for the Final Plat of Lawson Place have been completed inaccordance with the Land Division Ordinance and the City of Auburn's standards and specifications. Attached are-the following Exhibits: Exhibit 1 - Final Plat (map, 3 pages) Exhibit 2 - Completed Final'Plat Application Form Exhibit 3 - Resolution No. 4025, previously approving the Preliminary Plat of Lawson Place (includes the Hearing Examiner Recommendation as Exhibit A) Exhibit 4 --_The"City Engineer's Certificate of Improvements L0222-1 03.5 PLT10-0008 Reviewed by Council & Committees: Reviewed by Departments.& Divisions: ,Arts Commission COUNCIL COMMITTEES: ® Building. ❑ , M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ® Parks ❑ Human Services ❑ Planning & CD ® Fire ® Planning ❑ Park Board []Public Works E Legal ❑ Police ❑ Planning Comm. El Other ® Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Snyder. Meeting-Date: February 22, 2011 Item' Number: VIII.A.3 AUBURN * MORE THAN YOU IMAGINED ORDINANCE NO. 6348 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF LAWSON PLACE WHEREAS, the City of Auburn received a final plat application for the Plat of Lawson Place, Application No. PLT10-0009 the final approval of which is appropriate for City Council Action; WHEREAS, based on the review given this Plat by the City, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. Washington Federal Savings, represented by Ronald L. McKenzie, has requested final plat approval of Lawson Place and all applicable conditions have been met. 2. The preliminary plat was approved by the City Council on May 11, 2006 by Resolution No. 4205 as a single phase. The plat has been developed in accordance with the zoning district. 3. A Certificate of Improvements has been issued by the City Engineer, accepting all required plat improvements. 4. Tract "A" is a storm drainage tract is proposed to be dedicated to the City of Auburn for ownership and maintenance purposes. 5. Tract "B" is a joint use driveway tract is proposed to be conveyed to the owners of Lots 9, 10 and 11 for ownership and maintenance of the driving surface. CONCLUSIONS OF LAW 1. The Final Plat is in compliance and in conformity with applicable Zoning and Land Division Ordinances and other applicable land use controls. 2. The Plat is consistent with the Comprehensive Plan. 3. The Plat meets the requirements of Chapter 58.17 RCW. Ordinance No. 6348 February 16, 2011 Page 1 of 3 NOW. THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON; HEREBY RESOLVES AS FOLLOWS: Section 1. Approval. Lawson Place, a subdivision involving property located within -the City of Auburn, Washington; which plat is legally described on Sheet 1 of 3 of the Final' Plat and set forth in Exhibit "A;" attached hereto and incorporated herein- by reference, is hereby approved, and deemed to conform to the requirements for Plat approval pursuant to State and local law and Chapter 58.17 of.the Revised Code of Washington and Section 58.17.140 thereof. Section 2.: Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional-such invalidity.or unconstitutionality-shall not affect the validity or co nstitutionaliity of the remaining-portions of this Ordinance; as.it is being hereby expressly declared thatthis Ordinance and each section; subsection, sentence, clause and phrase, hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that. any one or. more section, subsection,. sentence, clause or phrase be declared invalid or unconstitutional. .Section 3. Recordation. Upon the passage; approval and. publication of this Ordinance as provided by law, the City Clerk of -the City of Auburn shall cause this Ordinance to be recorded in the office of the King' County ,Records, Elections`and, Licensing Services Division. SectionA.- " Implementation. The Mayor is hereby authorized to implement such -administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No.-6348 February 16, 2011 Page 2 of 3 Section 5. Effective-Date.. This ordinance shall take effect and be in force five (5) days.from and after its passage, approval and publication, as provided by law. J INTRODUCED: PASSED: APPROVED: CITY OF AUBURN. PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROV D:AS TO FORM: Dana B. Heid, .City Attorney. Published: Ordinance No:-6348 February 16; 2011 Page 3.of 3 l Exhibit J V0.VYE/PAGE LAWSON PLACE A REPLAT OF LOTS 1 & 2, CITY OF AUBURN SHORT PLAT SP-5-77, BEING A PORTION OF THE SE1/4 OF THE SW1/4 SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF AUBURN, KING COUNTY, WASHINGTON LEGAL DESCRIPTION APPROVALS LOTS I AND 2, CITY OF AUBURN SHORT PUT NO. SP-5-77, RECORDED UNDER KING COUNTY RECORDING NUMBER 7705050659; FINANCE DIRECTOR'S CERTIFICATE SAID SHORT PUT BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE I HEREBY CERTIFY THAT THERE ARE NO DEUNQUENT SPECIAL ASSESSMENTS FOR WHICH THE PROPERTY SUBJECT TO THIS 5 FAST, W,M., IN KING COUNTY, WASHINGTON. SUBDIVISION MAY BE LIABLE TO THE CRY, AND THAT ALL SPECIAL ASSESSMENTS ON ANY PROPERTY HEREIN CONTAINED DEDICATED STREETS, ALLEYS OR FOR ANY OTHER PUBUC USE HAVE BEEN DULY PALO, SATISFIED OR DISCHARGED. DEDICATION THIS DAY OF , 2011. KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED. HEREBY DECLARE THIS PUT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE OF THE PUBUC FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES, AND ALSO THE RIGHT TO MACE ALL NECESSAR'! AUBURN DIRECTOR OF FINANCE SLOPES FOR CUTS AND FILLS UPON THE LOTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES, AND FURTHER DEDICATE TO THE USE Of THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO CITY ENGINEER'S CERTIFICATE PARKS. OPEN SPACE, UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY I HEREBY CERTIFY THAT THIS FINAL PUT IS IN COMPLIANCE WITH THE CERTIFICATE OF IMPROVEMENTS ISSUED IDENTIFIED ON THIS PUT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC, PURSUANT TO A.C.C. 17.08.020, AND IS CONSISTENT WITH ALL APPLICABLE CITY IMPROVEMENT STANDARDS IN WHICH CASE WE DO HEREBY DEDICATE SUCH STREETS, EASEMENTS. OR TRACTS lO THE PERSON OR ENTITY AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY PUT APPROVAL IDENTIFIED AND FOR THE PURPOSE STATED. FURTHER. THE UNDERSIGNED OWNERS OF THE LAID HEREBY SUBDIVIDED, WAVE FOR THEMSELVES, THEIR HEIRS THIS DAY OF . 2011, AND ASSIGNS AND ANY PERSON OR ENTITY DERMNG TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF AUBURN, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE ESTABUSHMENT. CONSTRUCTION OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS WITHIN THIS SUBDIVISION OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF AUBURN. AUBURN CITY ENGINEER FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED. AGREE FOR THEMSELVES. THEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOLD THE CITY OF AUBURN, ITS SUCCESSORS AND ASSIGNS, HARMLESS FROM PLANNING DIRECTOR'S CERTIFICATE ANY DAMAGE, INCLUDING THE COST OF DEFENSE. CLAIMED BY PERSONS WITHIN OR WITHOUT THIS SUBDIVISION TO HAVE BEEN CAUSED BY ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE OR SURFACE OR I HEREBY CERTIFY THAT THIS FINAL PLAT IS IN SUBSTANTIAL CONFORMANCE WITH THE PREUMINARY PLAT AND SUBSURFACE WATER FLOWS WITHIN THIS SUBDIVISION OR BY ESTABLISHMENT, CONSTRUCTION DR MAINTENANCE OF ANY CONDITIONS ATTACHED THERETO, WHICH PRELIMINARY PUT WAS APPROVED BY RESOLUTION NUMBER THE ROADS WITHIN THIS SUBDMSION. OF THE AUBURN CITY COUNCIL ON THE DAY OF 20-_. PROVIDED. THIS WAIVER AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS RELEASING THE CITY OF AUBURN, THIS DAY OF , 2011. ITS SUCCESSORS OR ASSIGNS, FROM LIABILITY FOR DAMAGES, INCLUDING THE COST OF DEFENSE, RESULTING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OF AUBURN, ITS SUCCESSORS OR ASSIGNS. THIS SUBDIVISION DEDICATION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. AUBURN PLANNING DIRECTOR IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS: APPROVAL EXAMINED AND APPROVED THIS DAY OF 2011, PURSUANT TO CITY ORDINANCE NUMBEfl , ADOPTED BY THE AUBURN CITY COUNCIL ON THE DAY OF , 20_ WASHINGTON FEDERAL SAVINGS BY: ATTEST: rt5: MAYOR AUBURN CITY CLERK KING COUNTY FINANCE DIVISION CERTIFICATE ACKNOWLEDGMENT . I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION STATE OF WASHINGTON) ON D IN THE PROPERTY HEREIN CONTAINED. DEDICATED AS STREETS. ALLEYS OR FOR ANY OTHER PUBLIC USE 55 FULL. COUNTY OF KING ) THIS DAY OF . 2011. I CERTIFY THAT 1 KNOW OR HAVE SATISFACTORY EVIDENCE THAT IS THE PERSON WHO APPEARED BEFORE ME, AND HE ACKNOWLEDGED THAT HE SIGNED THIS INSTRUMENT, ON OATH STATED HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED R AS OF WASHINGTON FEDERAL SAVINGS, TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND MANAGER, FINANCE DIVISION DEPUTY PURPOSES MENTIONED IN THE INSTRUMENT. DATED THIS ___DAY OF______. 2011. KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS DAY OF , 2011. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON , RESIDING AT KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR aE PRINTED NAME , ACCOUNT NUMBER 212105-8059-06 AND 212105-8131-08 MY COMMISSION EXPIRES 8 i t L0222-LB PIS CITY OF AUBURN FILE NO. PLTIO-0009 JOB NO. 14317 G' RECORDING CERTIFICATE: LAND SURVEYOR'S. CERTIFICATE: S. Barghausen Record;n No. I hereby n that this poi yI LAWSON PLACE Consulting Engineers, Inc. 9 Is bard upon an actual rva and sub?m'awn of SECTION 21 J p ASq l Filed for record at the maaest of Barghausen Consulting Engineers, Inc. Township 21 North, Range 5 EAST , W.M., that the courses and : t^ CMiI Engineering, Land Planning, Surveying, Environmental Services mislay of 20-, at minutes distances are shown correcty thereon; thcl the monuments will he 18215 72nd Avenue South Kent, WA 98032 post- m. and recorded in Volume of Plats at set and the lot and dock corners will be slalmd correctly an me s L o Telephone: (425) 251-6222 Fax: (425) 251-8782 pogo through , records of King County, Washington. ground as construction is completed and that I hove Nly complied 3 DMSION OF RECORDS AND ELECTIONS with the prorislons of the platting regulation,. 457 SE1/4 OF SWIM, SEC. 21, T21N-R5E W.M. fdISTCRE SJQ' ~h4 L L AWB SHEET 1 OF 3 Manager Superintendent of Remrda TREVOR S. IANKTREE PLS NO. 45789 Date aoric gLUY PAGE LAWSO LAC A REPLAT OF LOTS 1 & 2, CITY OF AUBURN SHORT PLAT NO. SP-5-77 BEING A PORTION OF. THE SE1/4 OF THE SW1/4 SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF AUBURN, KING COUNTY, WASHINGTON PLAT NOTES: EASEMENT PROVISIONS: 1. TRACT 'A' IS A STORM DRAINAGE TRACT AND IS HEREBY DEDICATED TO THE' CITY OF AUBURN FOR I. A PUBUC UTILITY EASEMENT (UE) IS HEREBY CONVEYED TO PUGET SOUND ENERGY. QWEST COMMUNICATIONS, OWNERSHIP AND MAINTENANCE PURPOSES. CON CAST CABLE, AND THE CRY OF AUBURN AND ALL LOT OR TRACT OWNERS WITHIN THIS PLAT AND THEIR . TRACT 'B' 19 A JOINT USE DRIVEWAY TRACT AND IS HEREBY CONVEYED TO THE OWNERS OF LOTS 9, 10 AND RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR. TEN (10) FEET, PARALLEL WITH AND 211 FOR OWNERSHIP AND MAINTEMANCE,OF THE DRIVING SURFACE. LOTS 9, 10 AND II SHALL TAKE ACCESS ADJOINING THE PUBLIC STREET,FRONTAGE OF ALL LOTS AND TRACTS, IN WHICH 70 INSTALL LAY, CONSTRUCT, ONLY THROUGH TRACT V. AN -EASEMENT OVER ENTIRE TRACT "B* IS CONVEYED TO THE CITY OF AUBURN FOR RENEW, OPERATE, 'AND/OR MAINTAIN UNDERGROUND CONDUITS. CABLES, PIPELINES AND WIRES' WITH NECESSARY MAINTENANCE OF THE WATER, SEWER AND STORM DRAINAGE FACILITIES LOCATED WITHIN THE TRACT. FACILITIES AND OTHER. EQUIPMENT, FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE. GAS, CABLE-TV SANITARY SEWER, WATER AND OTHER UTIUTY SERVICE AND PRIVATE STORM 3. THE ROAD AND,STORM DRAINAGE SYSTEMS SHALL BE CONSTRUCTED ACCORDING TO THE APPROVED PLAN AND DRAINAGE, E WITH THE RIGHT TO ENTER UPON THE LOTS, TRACTS. MO SPACES AT ALL TIMES FOR THE PROFILE, PUN NO. FAC 06-0034 ON FILE WITH CITY OF AUBURN. ANY DEVIATION FROM THE APPROVED PUNS PURPOSES H HE EREIN N STATED : WILL REQUIRE WRITTEN APPROVAL FROM THE CITY. - 2. THE PRIVATE STORM DRAINAGE EASEMENTS (PSDE) WITHIN LOTS 9-AND 10 ARE HEREBY CONVEYED TO THE 4. THIS PUT IS SUBJECT TO CHAPTER 17.10 OF THE CRY OF AUBURN MUNICIPAL CODE (GOVERNING PUTTING), OWNERS OF LOTS 6, 9, 10 AND 11. ~ SAID OWNERS SHALL BE EQUALLY RESPONSIBLE FOR THE MAINTENANCE OF THOSE PORTIONS OF SAID EASEMENTS BENEFITING THEIR LOT. AND ALL OTHER APPLICABLE CODES. 5. TRAFFIC AND SCHOOL IMPACT FEES ARE DUE AT BUILDING PERMIT ISSUANCE 6. THERE SHALL BE NO DIRECT RESIDENTIAL LOT ACCESS FROM AUBURN WAY SOUTH. SURVEYOR'S NOTES: 7. NO LOT OR PORTION OF A LOT IN THIS PUT SRAL-BE DIVIDED AND SOLD OR RESOLD OR OWNERSHIP 1. A FIELD TRAVERSE USING A TRIMBLE 5600 ROBOTIC TOTAL STATION AND A `TDS RANGER' DATA COLLECTOR CHANGED OR TRANSFERRED WHEREBY THE OWNERSHIP OF ANY PORTION OF THIS PUT SHALL BE LESS THAN THE SUPPLEMENTED WITH: FIELD NOTES-WAS PERFORMED ESTABLISHING THE ANGULAR AND DISTANCE RELATIONSHIP AREA. REQUIRED FOR 7NE USE. DISTRICT IN WHICH IT IS LOCATED. - BETWEEN THE MONUMENTS AND PROPERTY LINES AS SHOWN HEREON. THE RESULTING DATA MEETS OR EXCEEDS THE STANDARDS FOR LAND BOUNDARY SURVEYS AS SET FORTH IN WAC 332-130-090. e. THE BUILDING ADDRESS SYSTEM FOR THIS PUT IS SHOWN ON SHEET'3. " - 2. ALL LOT AND TRACT CORNERS WILL BE STAKED WITH A 1/2-INCH BY 24-INCH REBAR WITH PLASTIC CAP 9. A COMMITMENT PREPARED BY PACIFIC NORTHWEST TITLE COMPANY. THEIR ORDER NO. 1137540 AND DATED MARKED 'BCE 45789' AS PUT CONSTRUCTION IS COMPLETED. THE STREETWARD PROJECTION OF THE LOT. SEPTEMBER 24;2010,-AND ALL SUPPLEMENTALS THEREOF, WERE RULED UPON FOR RECORD ITEMS AFFECTING AND/OR TRACT LINES WILL BE REFERENCED BY A MASONRY NAIL SET AT THE BACK OF THE CURB AT NO THIS SUBDIVISION. ACCORDING TO THIS DOCUMENT,.THE FOLLOWING ITEMS AFFECT THIS SITE: SPECIFIC DISTANCE FROM THE TRUE CORNER. 1) COVENANTS, CONDITIONS AND RESTRICTIONS, RECORDING N0. 387529 - 2) COVENANTS, CONDITIONS,. RESTRICTIONS'AND EASEMENTS CONTAINED IN SHOOT PUT, RECORDING NO. 7705050659 CRY OF AUBURN EASEMENT PROVISIONS 3) AGREEMENT REGARDING SIDEWALK CONSTRUCTION, RECORDING NO. 7910080689 4) PUGET SOUND ENERGY, INC. EASEMENT AND THE TERMS AND CONDITIONS THEREIN. FOR. TRANSMISSION. ALL . PUBUC WATERLINE, SANITARY. SEWER AND STORM DRAINAGE EASEMENTS AS SHOWN ARE HEREBY GRANTED DISTRIBUTION AND SALE OF GAS AND ELECTRICITY, RECORDING NO. 20070927000563, AS FOLLOWS: AND CONVEYED TO THE CITY OF. AUBURN, A MUNICIPAL CORPORATION OF KING COUNTY, WASHINGTON, ITS EASEMENT No '1: ALL PUBLIC AND PRIVATE STREETS; ROAD. RIGHTS OF WAY AND ACCESS TRACTS AS SUCCESSORS AND ASSIGNS, A PERPETUAL NONEXCLUSNE EASEMENT UNDER, OVER, THROUGH AND ACROSS THE - NOW OR HEREAFTER DESIGNED,' PUTTED, AND/OR' CONSTRUCTED WITHIN THE SUBJECT PROPERTY REAL PROPERTY AS.. DESCRIBED HEREIN' FOR. THE PURPOSE.OFLAYING, MAINTAINING, INSTALUNG,~AND CONVEYING EASEMENT NO. 2:-A STRIP. OF LAND 10 FEET IN WIDTH ACROSS,AL LOTS, TRACTS AND OPEN SPACES WATER, SANITARY SEWER;,. STORM DRAINAGE AND ' APPURTENANCES 'THEREOF, PER THE ENGINEERING PLANS LOCATED WITHIN THE SUBJECT PROPERTY BEING PARALLEL"TO AND COINCIDENT WITH THE BOUNDARIES APPROVED BY THE `CITY OF. AUBURN- FOR THIS PUT, TOGETHER WITH THE ABSOLUTE RIGHT: AT TIMES AS OF ALL PRNATE/PUBUC,STREEFS AND'ROAD RIGHTS OF WAY, INCLUDING AUBURN WAY SOUTH NECESSARY FOR IMMEDIATE ACCESS (INGRESS AND EGRESS). TO ENTER SAID EASEMENT FOR THE PURPOSE OF 5) LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT AND THE TERMS AND CONDITIONS THEREOF, INSPECTING,: OPERATING,, MAINTAINING,- REPAIRING, RECONSTRUCTING, AND IMPROVING THE WATERAND SANITARY RECORDING NO. 20071107002011 SEWER FACILFRES~ AND LAYING. MAINTAINING, INSTALLING, CONVEYING, 'STORING, -MANAGING. AND FACILITATING STORM WATER 6) AGREEMENT FOR DEFERRAL OF IMPROVEMENTS AND THE TERMS AND CONDITIONS THEREOF; RECORDING OBLIWTIND ORURLIARILITY TMEREFOREM DRAINAGE FACILITIES CONTAINED THEREIN WITHOUT INCURRING ANY LEGAL NO. 20071107002012 / 7) LOCAL IMPROVEMENT. DISTRICT, NO PROTEST'AGREEMENT AND THE TERMS AND CONDITIONS THEREOF, THE CITY OF AUBURN SHALL HAVE THE ABSOLUTE RIGHT TO PLACE ANY TYPE OF DRIVING SURFACE WITHIN SAID RECORDING No. 20080116001653 EASEMENT AREA DEEMED' NECESSARY BY THE CITY OF AUBURN. " 8) AGREEMENT FOR DEFERRAL OF IMPROVEMENTS AND THE TERMS AND CONDITIONS THEREOF. RECORDING . NO. 2 0080 1 1 6001 65 4 THE OWNERS OF SAID PRIVATE PROPERTY SHALL NOT IN ANY WAY BLOCK, RESTRICT OR IMPEDE ACCESS AND EGRESS TO OR FROM SAID EASEMENT. AREA, AND/OR IN ANY WAY BLOCK, RESTRICT OR IMPEDE FULL USE OF THE REAL PROPERTY WITHIN THE ABOVE DESCRIBED "EASEMENT. AREA BY THE CITY OF -AUBURN FOR THE ABOVE-DESCRIBED' PURPOSES.. -NO'-BUILDING, WALL' ROCKERY, FENCE, TREES, OR STRUCTURE OF ANY KIND SHALL . BE ERECTED OR PLANTED; NOR SHALL ANY FILL MATERIAL BE PLACED WITHIN THE. BOUNDARIES OF SAID EASEMENT AREA, WITHOUT THE EXPRESS'WRFTTEN CONSENT OF THE CITY OF AUBURN. WITH CITY OF AUBURN PERMISSION, THE OWNERS OF SAID PRIVATE PROPERTY MAY FENCE ACROSS SAID EASEMENT AREA AND/OR ALONG THE BOUNDARIES OF SAID EASEMENT AREA, PROVIDED THAT A GATE IS CONSTRUCTED IN. SAID,FENCE SAID GATE SHALL BE OF SUFFICIENT LENGTH AND LOCATION TO ALLOW. THE GRPNIEEYFULL USE OF, AND ACCESS AND EGRESS TO AND FROM.RUL PROPERTYWITHIN THE EASEMENT AREA IF SAID LATE IS TO BE LOCKED, KEYS SHALL BE PROVIDED TO THE CITY OF AUBURN. - NORTH QUARTER CORNER NO EXCAVATION SHALL BE MADE WITHIN THREE (3) FEET OF SAID WATER. SANITARY SEWER AND STORM DRAINAGE FOUND MONUMENTIN D FACILITIES AND TIHE'SURFACE LEVEL OF THE GROUND WITHIN THE EASEMENT AREA SHAT BE MAINTAINED AT THE QQ WEST QUARTER CORNEA CONCRETE CASE - - ELEVATION AS CURRENTLY EXISTING. 1J' WCCS 14620 (10/8/10) WCCS 14613 (10/5/19) A CALCULATED POSmON I THE OWNERS OF SAID PRIVATE PROPERTY GRANTS TO THE CITY OF AUBURN THE RIGHT OF INGRESS AND EGRESS TO THE EASEMENT AREA OVER AND ACROSS ALL PAVED, GRAVELED. OR OTHERWISE IMPROVED DRIVEWAYS OR PARKING LOTS -WITHIN -THE PARENT PARCEL. IF DIRECT ACCESS TO THE EASEMENT AREA ISNOT AVAILABLE FROM Si SUCH DRIVEWAYS OR PARKING' LOTS.' THE CITY OF AUBURNS:RIGHT OF INGRESS AND EGRESS SWILL INCLUDE SUCH OTHER AREAS WITHIN THE PARENT PARCEL AS THE CITY OF AUBURN DETERMINES ARE NECESSARY TO I ACCESS THE EASEMENT AREA. FROM SUCH DRIVEWAYS AND PARKING LOTS OR FROM THE. PARENT PARCELS BOUNDARIES.. IN THE CASE.OF ANY-DAMAGE OR DISRUPTION OF THE PARENT PARCEL. THE CITY OF AUBURN SHAT RETU RN THE, PROPERTY TO A -CONDITION REASONABLY COMPARABLE TO ITS CONDITION AS IT EXISTED IMMEDIATELY BEFORE ENTRY AND/OR WORK WAS MADE THEREON BY THE CITY OF AUBURN OR ITS AGENTS. o THE OWNERS OF SAID PRIVATE PROPERTY.ADDITIONALLY GRANTS TO THE CITY OF AUBURN, THE USE OF SUCH I , - ADDITIONAL AREA IMMEDIATELY, ADJACENT TO .SAID EASEMENT AREA AS SHALL BE REQUIRED FOR THE . CONSTRUCTION,- RECONSTRUCTION, , MAINTENANCE AND OPERATION OF SAID WATER, SANITARY SEWER AND STORM n I DRAINAGE FACILITIES. THE USE OF SUCH ADDITIONAL'AREA SHAT BE HELD TO A REASONABLE MINIMUM AND IN THE-CASE OF ANY DAMAGE:OR"DISRUPTION OF THE PARENT PARCEL, THE'CTTY OF AUBURN SHALL RETURN THE E PROPERTYTO A.CONOITION REASONABLY: COMPAAABLE,TO ITS CONDITION AS IT,EIIISTED IMMEDIATELY BEFORE ENTRY AND/OR WORK WAS MADE HEREON. BY THE CITY OF AUBURN OR ITS AGENTS. IN ADDITION TO THE :el OTHER RESTRICTIONS HEREIN, THE OWNERS OF SAID PRIVATE PROPERTY SHALL NOT CONVEY TO A THIRD PARTY ANY EASEMENT OR OTHER RIGHT OF THE EASEMENT AREA I~ THIS EASEMENT AND COVENANT SHALL RUN.WTIH THE PARENT PARCEL AND IS BINDING ON THE OWNERS OF SAID PRIVATE PROPERTY. THEIR HEIRS, SUCCESSORS AND ASSIGNS. _ 0 200 400 800 ~I al a SCALE: 1' - 400W I o I I ~ I 8~o S JOB NO. 14317 = SOURIWE6T CORNER 6ECTION 21 FOUND MONUMENT W CONCRETE CASE rj~`c Ry$ I. WCts 146x (10/6/1 p) _ (MIS OF BEARINGS) ` I Barghausen - N8653'54 W 2612.86 ASH oTP~ Consulting:-. Engineers, Inc. I^ Civil Engineering„ Loam Planning, Surveying, Environmental Services SECTION SUBDIVISION H : s 18215 72nd Avenue, South' Kent, WA 98032 SW1/4, SECTION -21, T21N-R6E, W.M. - o ` o o Telephone: (425) 251-6222 Fox: (425) 251-8782 W `rJ gf05 T0. SE1/4 OF SWt/4, SEC.-21, T21N-R5E, W.M. ~N4 . LG" 5 < AN DAM L SHEET CITY OF AUBURN FILE NO. PLTIO-0009 5a1ED 2 OF 3 I ,1} LAWSON PLACE A REPLAT OF LOTS 1 & 2, CITY OF AUBURN SHORT PLAT NO. SP-5-77 BEING A PORTION OF THE SE1/4 OF THE SW1/4 SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF AUBURN, KING COUNTY, WASHINGTON C FOUND MONUMENT IN \ IN CONCRETE CASE I ~ $ I THIS PORTION DEDICATED TO THE I PUBLIC USE FOR ROAD PURPOSES • UPON THE RECORDING OF THIS PUT r f4J 6696 ISO. FT, A ~ 2+w RED9ooD 1 mum iE. P 0 IP , .r 2 ~0j• itWM1~~`,p d• Zy. I vA0' 7 5871 SO. Fi. - 1 2407 R x( R^ww \ COURT S.E SE /,Y ~ 4~S9S7• 7°•!y Sid, / db y'E / \ ''l,~ FOUND MONUMENT ry kl +b,B, /~a 3 may' \'U~. 01! usrT OFD 8 SECTION LINE e, , 14 _ 0. FT. pap so Fr \ 2 COUREDNOOD / brvp qr a.~~' 4'a~• 24Oe REDWOOD + COURT SE. / 10, \ ! { F4C 9D ~ ~ 24 u° y / 24De RmYOm 'Qt, L ] 4 y a COPT SE. y+ L1 C 1) 3 93 f., 77• w• TRACT A 9 ( C.) \ 7 MYN12 i~ STORY DRAINAGE g- w ` ~ry S J UA \ b4Nl'SY L•I35 5,020 $0. Fr, rXQ. S . 2412 REDWOOD 15.527 50. Ff. 7212 SO. Fr. C y cDI7Rr SE 25TEDISAE00 _ s 2sw REDWOOD t N1 5'01'30't 2 17.28' 41 ~~T N CORE SE. i J \ Nb'S S118'SS54'E 177.83' / U~ I \ \ SB8'S3'S4C 77.42' `a~/ NBB'S! 54 118.45 81.18' / TRACT B +@+T USE WhEllA, 7.426 $ I L ] 3 Sam"'m i21.µ• S0. Fr. + I d / a vaa' Sri6j°3ry 60.92' 60.92' I F - v r T------ I yp el `L. a 8 7.50' 7.50' 14 8 911950. f2'. ~R'. 7 B $ ° 8 9 2507RET0'W Ip I 6245 50. FL 02 sD. Fr. ss24 m. FI. 10 Ie $I 11 sJ ' 8 8 74 50. FI. R g TON SO. Er. / 18 I 25~I~AmW~00D ~ pQ 2512 REDWOOD • nl6 IEDWOOD Y5p ppOp ~ -1 2324 RmWODD / t 1 I- i t~ 001811 S.E. ~ LOUIif Si. ~ S.E. I ~I COURT SE. ~ 8 15' VILE r t --Ji I - IS'AE -J H i / E' _ 8243' 89.81' 80.92' 60.92' 60.92' 71-7.50'90.97, S FOND R/C 151 22016 NW53.54-W 408.17, r / OX 50001 h 0.1' WEST _ _ E C FINER FOND R/C LS112870 FOUND SOUTH M MOW EM NVY O.1' NORM OF PROPERTY CORNER _ WCCS #4633 (10/8/10) 'A1`0' ArTC_v rn x411 r-~•1 nnr N01AAI 1r ,ATIO ' ~1v, A.r, 1 i1NIr.1N hhw 1v1. LEGEND: nO.r FOND DIYRTCH CORNER AS NOTED. 19 FOND YONUIEN7 AS NOTED • Ott OF AUBURN STANDARD ROAD MONUMENT TO BE SET AS CONSTRUCTION IS COMPLETED LE LTIIUTY EASEMENT SEE •USEMENT PROVISIONS' NOTE I ON SHEET 2 j SSE PUBIL MARY SEWER EASEMENT SEE 'CITY OF AUBURN EASEMENT PR04WW ON SHEET 2 JOB NO. 14317 WLE PUBLIC WATEFIUK EASEMENT ON SHEET 2 5. Barghausen SDE PUBLIC STORN ORANGE EASEMENT SEE CITY OF MON EASEMENT PROY6CNS• ON SHEET 2 1 A3ry'~,rY^ Consulting Engineers, Inc. PSDE PRNATE STORY DRAINAGE EASEMENT ~N :r^ Civil Eng veering. Land Planning, Surveying, Em+ronmenlal Smite. SEE 'EASEMENT PROVISONS* NOTE 2 ON SHEET 2 18215 )1 2nd Avenue South Nenl, WAL 98072 0 0 s0 80 (SHORT PLAT) CITY OF AUBURN SHORE PUT SP-5-77 0 o Telephone: (425) 251-6222 Fm: (425) 251-8782 RECORDED UNDER REC. NO. 7705050659 4$789 p j SCALE: 1• a 4o Psi°NFOU5 ILWE 'Op SE1/4 OF SWt/4 SEC. 21, MOW W.M. DATE 4L LAWp SHEET 3 Cm OF AUBURN TILE NO. PLTI.-0009 SHEET 3 OF'rj CITY 01 Exhibit 2 "U WASHINGTON Planning, Building, and Contiiunrity Department MASTER LAND USE APPLICATION - PLANNING APPLICATIONS Project Name Lawson's Place Date Parcel No(s) 212106-9059 and -9131 Site Address Auburn Way South east of Poplar Street SE Legal Description (attache(I separate sheet if necessary) see attached Applicant Name: Ronald L. McKenzie, Washington Federal Savings Mailing Address: 425 Pike Street Seattle, WA 98101 Telephone and Fax: (206) 654-9408 ph / (206) 624-2334 fax Email: ronaid.mckenzie@washingtonfederal.com Signature: AAA& S 1 Owner (if more than one attach anot a sheet) Name: Ronald L. McKenzie, Washington Federal Savings Mailing Address: 425 Pike Street Seattle, WA 98101 Telephone and Fax: (206) 654-9408 ph / (206) 624-2334 fax Email: ronaid.mckenzie@washingtonfederal.com Signature: Engineer/Architecture/Other Name: Kris Nelson, Barghausen Consulting Engineers, Inc. Mailing Address: 18215 72nd Avenue South Kent, WA 98032 Telephone and Fax: (425) 251-6222 ph / (425) 251-8782 fax Email: knelson@barghausen.com Description of Proposed Action: Final plat to subdivide two parcels totaling approximately 3.03 AC into 14 single-family lots plus two tracts. T e of Application Required Checic all that Apply) Administrative Appeal` Rezone (site specific)* Area Wide Administrative Use Permit* Short Plat Annexation* Special Exception* Boundary Line Adjustment Special Home Occupation Permit* Comprehensive Plan Amendment (Text or Map)* Substantial Shoreline Development's Conditional Use Permit's Surface Mining Permit* Critical Areas Variance's Temporary Use Permit Development Agreement* Variance* Environmental Review (SEPA)L' *Please note that public notification is X Final Plat required. A separate cost is charged Preliminary Plat* for the signs. City prepares signs but PUD Site Plan Approval applicant responsible for sign posting. . Reasonable Use Exce tion* Page I of 2 AUBURN 'k Mom THAN YOU IMAGINED L0222-1C age i CITY OF * f', = WASHINGTON Platinhig, Building) and Courltuirtity Department LEI TTER FROM PROPERTY OWNER GRANTING AUTHORIZATION TO ACT (A copy of this letter must be submitted for each property owner involved) Ronald L. McKenzie, Senior Vice President I, Washington Federal Savings-, being duty sworn declare that I am the owner of the property (PROPERTY OWNER) Involved in the application. I hereby grant Kris Nelson of Barghausen Consulting Engineers, Inc. to act on my behalf. I further declare that all statements, answers, and information herein submitted is in all respects true and correct to the best of my luiowledge and belief. ~l~~9ll0 Signatilr Date Ronald L. McKenzie, Senior Vice President Washington Federal Savings 425 Pike Street Seattle, WA 98101 Address i~~v ev~1~e+, Subscribed and sworn to before me this Z~ day of Notary Public in and for the State of Washington, 30LI N ~tLrd1ke Residing at ~ ' ~g§ION Flio•. ~ ~r a NOTARY % c~ PUBUC % wAON S Page 2 of 2 AUBURN *MORE THAN YOU IMAGINED Legal Description Lawson Place Final Plat Tax Parcel Nos. 212105-9059 and -9059 Lots.1 and 2, City of Auburn Short Plat Number SP-5-77, recorded under King County Recording Number 7705050659; said short plat being a portion of the southwest quarter of Section 21, Township 21 North, Range 5 East, W.M., in King County, Washington. Exhibit'3 RESOLUTION NO. 4025 A RESOLUTION OF THE , CITY.. COUNCIL. OF THE CITY OF AUBURN, WASHINGTON, APPROVING A. PRELIMINARY PLAT APPLICATION, TO SUBDIVIDE 3.03 ACRES INTO 14 LOTS-AND VARIOUS, TRACTS FOR FUTURE RESIDENTIAL DEVELOPMENT, WITHIN.THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. PLT05-0005, dated December 14, 2005, has been submitted to the City of Auburn, Washington, by Paul Hunt,. requesting approval of a preliminary plat application to subdivide 3.03 acres into 14 lots for future single family residential development, and street and utility tracts within the City of Auburn, Washington; and WHEREAS, ;said request above was referred to the Hearing Examiner for study and public hearing hereon; and WHEREAS, following staff review, he Hearing Examiner conducted a public hearing: to consider said petition in the. Council. Chambers of the Auburn City. Hall on April 11, 2006, of :which the Hearing Examiner recommended approval of the preliminary plat-subject to-conditions on May 1, 2006; and WHEREAS, the City Council, at its meeting of May 11, 2006, considered and affirmed.the Hearing. Examiner's recommendation for preliminary plat based upon the Findings of Fact, Conclusions` and Recommendation which is attached hereto as Exhibit "A". Section 1. The Hearing Examiner's Findings, Conclusions and Recommendation` attached-hereto as Exhibit °A" are herewith approved and Incorporated in this Resolution. Resolution 4025 May 11, 2006 Page 1 of 4 L0222-1D Section 2. The request for preliminary plat approval to subdivide 3.03 acres into 14 lots for future single family residential development, and street and utility tracts within the City of Auburn, legally described in Exhibit "D" attached hereto and incorporated herein by this reference, is hereby approved subject to the following conditions: 1. The proposed public street within the plat shall be designed to Local Residential Street standards and dedicated to the public. The private access road shall be developed to Private Access Roads standards, as provided by the City. 2. The storm drainage tract shall be designed and constructed to City standards and dedicated to the City as part of the final plat approval process. 3. The Applicant shall dedicate eleven feet of right-of-way along the plat's northern border with Auburn Way South. This dedication shall be to provide for future roadway expansion and shall be part of the final plat approval process. 4. The Applicant shall enter info a Street Delay Agreement With the City for deferral of the required frontage improvements along Auburn Way South. 5. Prior to final plat approval, the Applicant shall design and construct a left turn facility and a widened shoulder in Auburn Way South. The left turn facility and widened shoulder shall be designed and constructed to City of Auburn and Washington State Department of Transportation standards. 6. The Applicant shall provide a 40 foot curb return radii at the intersection of the interior plat street (Lawson Place) and Auburn Way South. 7. The Applicant shall provide a solid wood fence setback five feet from the northern property lines of Lot 1 and Lot 14 where these lots are adjacent to Auburn Way South. The Applicant shall plant evergreen shrubs of a uniform growth height between the fence and the edge of Resolution 4025 May 11, 2006 Page 2 of 4 the right-of-way. Design and construction of the fence and vegetation shall be completed to City design and construction standards. 8. The waterline connection at the southwesterly property line (Lot 6) shall be within a 15-foot easement, as shown on Exhibit 4 - Preliminary Plat. The angle point at the southeast corner of Lot 6 shall be filleted to provide adequate access width for City maintenance. 9. As required by ACC 19.02, payment of school impact fees to the Auburn School District is required at the time of building permit application. Impact fee calculation and schedule for the Auburn School District Is provided in ACC 19.02.120. 10.As required by ACC 19.04, the Applicant shall pay traffic impact fees. The amount of impact fee shall be determined at the time the Applicant submits a complete application for a building permit, using the impact fee schedules then in effect, or pursuant to an independent fee calculation accepted by the director pursuant to ACC 19.04.050, and adjusted for any credits pursuant to ACC 19.04.060. 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 2006. AU PETER B. LEWIS, MAYOR Resolution 4026 May 11, 2006 Page 3 of 4 J ATTEST: 1 anlelle E. askam; City Clerk J APP / ED ORM. ante! 13.- Hei City Attorney Resolution 4025 May 11, 2006, Page A of4 BEFORE-THE HEARING EXAMINER FOR THE CITY OF AUBURN. In the Matter of the Application of ) NO, PLT05-0005 PAUL HUNT ) FINDINGS, CONCLUSIONS - -AND RECOMMENDATION For Approval of a Preliminary Plat 1 LAWSON PLACE PLAT SUMMARY OF RECOMMENDATION The, Hearing Examiner for the. City of Auburn recommends to the Auburn City Council that a request _ for approval of a preliminary plat -to subdivide-.two. parcels of land, totaling approximately 3.03 acres, into 14 lots for future residential development and - two tracts to provide for shared access and stormwater drainage be-APPROVED, subject to conditions, SUMMARY OF RECORD -.Re uest: Paul Hunt, represented by Leonard Smith of PacWest Engineering (Applicant), requests approval of 'a preliminary plat application to subdivide, two parcels of land, totaling approximately 3.03 acres, into '14 lots' for-fiitiwe residential development and two tracts to provide for shared access and stormwater drainage. . Potential residential development would include. 13- single family residential lot's and one duplex lot. The subject property is located at 381,5 Auburn Way South, 'Auburn, Washington: Hearing Date; . The Hearing Examiner for, the City of,Auburn held an open record, hearing on the request on April 18, 2006: J Testimony: The following individuals presented testimony under oath at-the open record hearing: 1. Steve Pilcher, City of Auburn Planning Department 2. Leonard Smith; Pa6West Engineering., representing the Applicant Exhibits: The following exhibits were,adinitted into the record: 1. Staff Report dated April 1.1, 2006 2. Vicinity Map 3. Preliminary Plat Application, received December 14, 2005 4, Lawson Place-Plat Drawings a. Preliminary. Plat b, Street and;Utility Plan c. Grading Plan 5. Notice of Application 6. Notice of Public Hearing 7. Affidavit of Posting of.Legal-Notice 8. Affidavit of Mailing of Legal Notice 9. Confirmation of Publication of Legal Notice 10, Final Determination of Non-Significance, issued April 4, 2006 11, .Final Staff Evaluation for Environmental Checklist, dated March 14, 2006. 12: Aerial Photograph of Vicinity 13. E-mail correspondence from Dennis SeIle, City Engineer, Auburn Public Works, dated .April 1,8, 2006 Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant requested.approval of a preliminary plat to subdivide -two parcels of land, totaling approximately 3.03 acres', into 14 residential lots and two tracts to provide for shared access and stormwater drainage. The subject property is located at 3815 Auburn Way South -in Auburn, Washington. . Parcel 1, identified by King County Tax Parcel number 212105913 1, is approximately 0.66 acres. Parcel 2, identified by King. County Tax Parcel number 2121059059, is approximately 2.37 acres. Exhibit 1, Staff Report, Pages 1-2; -Exhibit 3, Preliminary Plat Application; Exhibit 12,. Aerial Photograph; Testimony of Pilcher. 2. Pursuant to Washington's State Environmental' Policy Act (SEPA),: RCW 43.21C, the City of Auburn acted as lead agency for the-identification and review of environmental impacts caused by' the proposal. -In addition to the SEPA Environmental Checklist, the Applicant "submitted a Preliminary Storm Drainage, a Wetland and Drainage Corridor Site, Assessment, a Geotechnical Report, and a Traffic Impact- Analysis, to the City for `review. The City issued a Determination of Nonsignificance`(DNS) on April 4, 2006: There were no appeals: Exhibit _1, Staff Report, Page 1; Exhibit 10, DNS,-Exhibit 11, Final Staff Evaluation of Environmental Checklist; Testimony of Pilcher. 3. Except for' the eastern 'portion of the site which has a modest downhill slope, the site undulates slightly, with a two to four foot elevation difference. The-Applicant retained Habitat.Technologies to prepare 'a Wetland and Drainage Corridor Site Assessment. The Total acreage is based on King County Tax Assessor records. The record has conflicting information on total acreage, noting acreage ranging:from 2.87 acres to 2.93 acres. Findings,Conchislons, and ReconnWendatlon Hearings Examiner. for the City ofAuburrl A Paul Hunt (Lawson Place) PLT05.0005 Page 2 of 9 J Assessment was utilized by the City during environment review but was not submitted into the-record. The Assessment concluded that. there were no qualifying wetlands or streams within or immediately adjacent to the site, Exhibit 1, Staff Report, Page 3; Exhibit 11,.FYnal`Stcpf Evaluation for Environmental Checklist, Testimony of Pitcher. 4. The subject property is zoned R-3 Two Family (Duplex) Residential (R-3) and, pursuant td -Auburn's Comprehensive Plan, is designated as Moderate Density Residential, Exhibit .1; Staff Report, Pages 1-2; Testimony of Pltcher. 5, The R-3 zone is intended to "permit a limited increase in population density in those areas to which the,(R-3 classification) applies... while at the same time maintaining a desirable family living environment,"' ACC 18.16.010. The R-3 zone also seeks to provide.a transition between single-family areas and other intensive designations or activities which reduce the suitability of land for single-family uses. Id. The R-3 zone permits detached single -family dwellings and two family (duplex) dwellings. ACC 18.16.020(A)-(B). 6.' Development standards within the R-3 zone include: minimum lot size for single family dwellings - 5,000 square feet; minimum lot size for duplexes 7,200 square .feet; minimum lot area per dwelling unit - 3,600 square feet; minimum lot width - 60 feet; minimum:lot depth - 80 feet. Required setbacks include: front yard - 20 feet; side yard = 5 feet (interior), 10 feet (street); rear yard =25 feet, The Applicant proposed 13 single= family residential lots (Lots 1-5 and 7-14) and one duplex lot (Lot 6). The single-family lots range in size'fiom 5,520 square feet to. 7,175 square feet. The duplex lot is 9, 486 square feet. As proposed, the plat is consistent with the development standards for the R- 3 zone. ACC 18.16:040; Exhibit 3, Preliminary Plat Applicatlon; Exhibit 4 - Preliminary Plat; Testimony ofPIlcher. 7. The subject property is,located on the south side of Auburn Way South; a Principal Arterial: Surrounding properties'are similarly zoned, with limited development. Property to the south and east are zoned R-3. Property to the north maintains two zoning districts - R-3 and Residential Manufactured Home Park (RMHP). - Property to the west is zoned R-4 High Density Residential. Properties to the south and-west are vacant. Property to the east is currently developed with a single-family residence, however, the site is the location of a proposed triplex (CUP05.0004 Benson). Property to the north. has been developed with 'a single-family residence, and a mobile home park.. Exhibit 1, Staff. Report, Page 2; Exhibit 2, Vicinity Map; Exhibit 12, Aerial Photograph. 8. Each of the' parcels involved in this preliminary plat application currently maintain a single-family residence and associated outbuildings. The Applicant intends to remove all structures in order to accommodate development of the plat. Exhibit 1, Staff Report, page 2; Exhibit 12, Aerial Photograph. Findings, Conclusions, and Recommendation Hearings Examinerfor the City ofAuburn Paul Hunt (Lamon Place) PLT05-0005 Page 3 of 9 9. The Applicant proposes to connect to City of Auburn sanitary sewer and water, Neither a Certificate of Availability for Sanitary Sewer'nor a Certificate of Availability for Water was submitted into the record. However, the City testified that adequate capacity would be available. Exhibit 3, Prelirninay Plat Application; Testlinony'of Steve Pilcher. 10. A 10-inch water main is located within Auburn Way South. , The. Applicant would'be required to loop an eight-inch main through the Plat and connect to an existing six-inch line located in the vicinity of the southwest corner of the property. City of Auburn Public Works initially recommended that the Applicant provide a 20-foot wide paved tract, dedicated to the City, to provide maintenance access to the water line. The Applicant objected to this recommendation, The City Engineer revised the recommendation, requiring `a 15-foot wide utility easement : within Lot 6 of the plat to provide ; for maintenance access. Exhibit 1, Staff Report, Page 3• Exhibit 4 --Street and Utility Plan; Exhibit 13; Testimony of Pilcher; Testimony of Smith, 11. The City of Auburn is scheduled to replace the sanitary sewer system located within Auburn Way-South along the Plat's frontage. . As part of this replacement project, the City would-`place a manhole to support the Plat. The Applicant would be required to contribute to this improvement cost and then to extend the sewer line through the site, providing service to all lots. Exhibit 1, Staff Report, Page-3; Exhibit 4 - Street and Utility Plan; Testimony of Pilcher. 12. The proposal is.within the Auburn School District. In Washington State, ample provision for the education of children is a paramount duty of the state.2 This requirement is further stated in the laws of the State and the City of Auburn. RCW 58.17.110, requires that subdivisions make appropriate provisions for the general welfare of the community, including provisions for schools and for safe walking conditions for students. RCW 36.70A.020(12) states that when -a City is plans for growth, it is to ensure that public -services, such as schools, that are necessary to support development are adequate to serve the development. ACC_ 17.060.070(A) states that a subdivision, must make adequate provisions for the general welfare of the community, including schools.. Recommended conditions of approval would include the payment of school impact fees, as provided by ACC 19.02. The Applicant conceded that no communication has occurred between.the . Auburn School District and themselves but that the internal road network includes sidewalks, satisfying the requirement. for safe walking conditions for school-aged residents. The City is recommending that the Applicant provide -a widened shoulder along the Plat's border with Auburn Way South to provide for a safe waiting area for children requiring. school bits transportation. Exhibit 1, Staff Report, Pages 3 and 5; Testimony of Pilcher; Testiniony:of Smith. 13, Access to the proposed plat would be via a single'exit/entrance to Auburn Way South, a Principal Arterial that is also part of the State's highway system. All. lots would. be s Washington State Constitution, Art. 9, §1 Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Paul Hunt (Lawson Place) PLTOS-ODDS Page 4 of 9 accessed via the new internal road, Lawson.Place. The internal road would terminate in a cul-de-sac with, Lots, 9,. 10, and tII being assessed from the cul-de-sac via a private shared drive (Tract B). The internal public road would be-designed to Local Residential standards and would include two 14-foot drive lanes, curbs, 'gutters, two five-foot sidewalks, and landscaping strips. Exhibit 1, Staff Report, Page 3; Exhibit 4, Preliminary Plat and Street & Utility Plan. 14. The Applicant retained PacWest Engineering to prepare a Traffic Impact Analysis (TIA) - for the proposal. Exhibit 11, Final Staff Evaluation of Environmental Checklist. 15. Auburn Way South is a 2-lane very heavily traveled roadway which makes northbound left turns'fi-om the site virtually impossible until the peak hour traffic flows on Auburn Way South diminish. In order to provide safe turning movements for residents entering. and exiting the plat, the , City's Traffic Engineer recommended that the Applicant be required to design and construct a left turn facility along Auburn Way South in conjunction with the proposed triplex project (CUP05 -0004), located to the east. Final design of the left turn facility. would require the approval of the Washington State Department of Transportation in addition to City approval. Exhibit 1, Staff Report, Page 3; Testimony of.Pilcher. 16. After reviewing the proposed plat, the City Engineer recommended that the Plat provide a 50 foot curb return radii at the intersection of the interior street and Auburn Way South. The Applicant objected to this recommendation. 'After further review, the City Engineer modified his recommendation, reducing the required curb return radii to 40 feet. Exhibit It Staff Report, Page 5; Exhibit 13, Correspondence f -om City Engineer. 17. The Applicant retained PacWest. Engineering to prepare a Preliminary Stoim. Drainage Report. The Report was utilized by the City during environmental review but was, not submitted as pail of the record. The Applicant proposed Tract A, a 13,759 square foot tract on the eastern border. of the site, to provide for stormwater,drainage. Stormwater would be collected on-site and directed to the facility which would be designed to City standards. The site would be screened from adjacent properties by a vegetated buffer. Exhibit 1Staff Report, Page 3; Exhibit 4 Grading. Plan; Exhibit 11, Final Staff Evaluation for Environmental Checklist. 18. ACC 17.12.260 requires park land to be dedicated, when a proposed -subdivision would result in a substantial increase in demand for park land or to abate/prevent public nuisances. The City generally requires park land when a subdivision would result in the creation of lots capable of supporting 50 or more residential dwelling units. The Applicant proposed a total of 15 dwelling units (13 single family and one duplex (two dwelling units) and therefore no park land-dedication is required. ACC 17:12.260; Exhibit 1, Staff Report, Page 3. Findings, Conclusions, and Recommendation Hearings Examiner for the City ofAuburn Paul Hutt (Lawson Place) PLT05-0005 Page 5 of 9 19, Under the City's Comprehensive Plan, the designation of Moderate Family Residential (MFR) is given to land to provide a transition between single family residential areas and other more intensive designations, as well as other activities (such as high traffic volumes) which reduce the suitability of potential residential areas for single family uses. The MFR designation seeks to offer opportunities for a variety of housing types which balance residential amenities with the need to provide economical housing choices in a manner that is consistent with conserving the character of adjacent single-family areas. The R-3 zoning district is intended to implement this land use designation. Auburn Comprehensive Plan, Chapter 14; Comprehensive Land Map. 20. Comprehensive Plan Policy LU-25 seeks to avoid conflict between future development of arterial roadways and single-family uses by requiring single-family uses to be platted in a manner that orients the dwelling units away from the arterial. The proposed plat locates two of the 14 lots along the Plat's border with Auburn Way South. City Staff recommended that the Applicant provide asolid wood fence and evergreen vegetation along these two lots' frontages with Auburn Way South to attenuate noise impacts. Exhibit 1, Staff Repot, Page 4.- 21. The City issued a Notice of Application on March 20, 2006. Notice of the open record hearing was mailed to properties within 300 feet of the site and posted on the subject property on April 10, 2006. Notice of the open record public hearing was published in King County Journal on April 7, 2006. Exhibits S, 6, 7, 8, and 9. There was no public comment on the application. Testimony of Pitcher. CONCLUSIONS Jurisdiction Pursuant to Auburn City Code (ACC) 18.66, the Hearings Examiner is :granted jurisdiction to hear and make recommendations to the City Council. Jurisdiction for the Hearings Examiner to make recommendations for approval of a preliminary plat is pursuant to ACC 14.03.040(A) and 17.06.050. Criteria for Review In order to approve a preliminary plat, pursuant to ACC 17.06.070, the Applicant must have provided support for the following: L' 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, 1, and sites for schools and school grounds. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Paul Hunt (LativsorPlace) PLTOJ-0005 Page 6 of 9 2. Conformance to the general purposes of the City of Auburn's Comprehensive Plan, to the general purpose of Title 17.02, and to the general purposes of any other applicable policies or plan which have been adopted by the City Council. 3. Conformance to the City of Auburn's zoning ordinance and any other applicable planning or engineering standard and specifications. 4. Potential environmental impacts of the proposal have been mitigated such. that the proposal will not have an unacceptable adverse' effect upon the quality of the environment. 5. Adequate provisions have been made so that the preliminary plat will prevent or abate public nuisances. Conclusions Based on Findings 1. Adequate provisions have been 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, and sites for schools and school grounds. The Applicant has made provisions for streets with sidewalks for pedestrian safety, including safe walking for school children. A. widened shoulder on Auburn Way South would provide a safe school bus stop waiting area. Construction of a left turn lane within Auburn Way South will provide safe ingress/egress to the plat. Recommended i conditions of approval will provide for payments of school and traffic impact fees. The development will be served by City water and sanitary sewer. Easements have been provided by the Applicant to ensure access to water lines for proper maintenance. Storm water facilities for the collection and retention of stormwater will be designed to City standards. Park facilities are not required for a plat of this size. Findings of Fact Nos. 9, 10, 11, 12, 13, 14, 15, 16, and 17. 2. The plat conforms to the general purposes of the City of Auburn's Comprehensive Plan, Title 17.02 (Subdivisions), and to the general purposes of any other applicable policies or plan which have been adopted by the City Council. As conditioned, the subdivision would be consistent with the purposes and regulations of the subdivision title, with the City's design and construction standards, and would be consistent with the goals, objectives, and policies of the City's Comprehensive Plan. Findings of Fact Nos. 4, S, 6, 18, 19, and 20. 3. The plat conforms to the City of Auburn's zoning ordinance, Title 18, and any other applicable planning or engineering standard and specifications. With conditions, the Applicant's proposal complies with all related City codes and standards including development standards for the R-3 zoning district. Findings of Fact Nos. 4, 5, 6, 9, 10, 11, 13, 15, 16, 17, and 21. 4. Potential environmental impacts of the proposal have been mitigated such that the proposal will not have an unacceptable adverse effect upon the quality of the !'findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Paul Hunt (Lawson Place) PLT05-0005 Page 7 of 9 environment. The City, acting as lead agency, has determined that, as proposed, the Plat does not have a probable significant adverse impact on the environment. Findings of Fact No. 2. 5. Adequate provisions have been made so that the preliminary plat will prevent or abate public nuisances. Public Nuisances are addressed generally throughout the ACC and are addressed directly in ACC 8.12. A public nuisance affects public health and property values by creating visual blight, harboring rodents and/or bests, or creating unsafe pedestrian and traffic situations. Compliance with City design standards for road safety (width, sidewalks, widened shoulder, and visibility) and development of a left turn lane will ensure safe pedestrian and traffic access within the development. Connection to City sewer and water will limit impacts on public health. Findings of Fact Nos. 9, 12, 13, 15, and 16 RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner for the City of Auburn recommends to the Auburn City Council that the request for approval of preliminary plat to subdivide two parcels of land, totaling approximately 3.03 acres, into 14 residential lots and two tracts to provide for shared access and stormwater drainage be APPROVED, subject to the following conditions: 1. The proposed public street within the plat shall be designed to Local Residential Street standards and dedicated to the public. The private access road shall be developed to Private Access Roads standards, as provided by the City. 2. The storm drainage tract shall be designed and constructed to City standards and dedicated to the City as part of the final plat approval process. 3. The Applicant shall dedicate eleven feet of right-of-way along the plats northern border with Auburn Way South. This dedication shall be to provide for future roadway expansion and shall be part of the final plat approval process. 4. The Applicant shall enter into a Street Delay Agreement with the City for deferral of the required frontage improvements along Auburn Way South. 5. Prior to final plat approval, the Applicant shall design and construct a left turn facility and a widened shoulder in Auburn Way South. The left turn facility and widened shoulder shall be designed and constructed to City of Auburn and Washington State Department of Transportation standards. 6. The Applicant shall provide a 40 foot curb return radii at the intersection of the interior plat street (Lawson Place) and Auburn Way South. Findings, Conclusions, and Recommendation Hearings Examinerfor the City ofAuburn Paul Hunt (Lawson Place) PLT05-0005 Page 8 of 9 7. The Applicant shall provide a solid wood fence setback five feet from the northern property lines of Lot I and Lot 14 were.these-lots are adjacent,to Auburn Way South. The Applicant shall plant evergreen shrubs of a uniform growth height between the fence and. the edge of -the right-of-way.. Design and construction of the fence and vegetation shall be completed to City"designand construction standards. 8. The waterline connection at the southwesterly property line (Lot 6) shall be within a 15-foot easement, as shown on Exhibit 4 - Preliminary Plat. The angle point at the southeast corner of Lot 6 shall be filleted to provide adequate access width for City maintenance. 9. As required by ACC 19.02, payment of school impact fees to the Auburn School District is required at the time, of building permit application. Impact fee calculation and schedule for the Auburn School District is provided in ACC 19.02.120: 10. As required by ACC 19.04, the Applicant shall pay, traffic impact fees. The amount of impact fee shall be determined at -the time the Applicant submits a complete application for a building permit, using the impact fee schedules `then in effect, or pursuant to an independent fee calculation accepted by the director,puisuant to ACC 19.04.050, and adjusted for any-credits pursuant to ACC 19.04:060. Decided this day of May 2006 DRISCOLL & HUNTER Hearing Examiners for the City of Auburn By: JULIE K. AINS W ORTH-TAYLOR I~ Findings, Conclusions, and Recommendation Hearings Examiner for tine City of Auburn Paul Hunt (Lawson Place) PLT05-0005 Page 9 of 9 a I Exhibit 4 i 09~+srT CITY OP ~:c1'• 5! m .F5; 3j " _ %.c,~i'>.i'.t~~~' _ - ..4; : ; •:1 '.:~::.:ti ::.y;-'• w~c+ t7 ^'f it:,. (~~,xp¢'.~~0.!1 ~uj /ip~•• ':•••.'•i':~~.;qq'?:..; ~gqp ~.~:/p WASHINGTON FINAL PLAT APPLICATION FAC06-0034 COMPLETION OF IMPROVEMENTS The•required improvements for the Final Plat of Lawson Place have been completed in accordance with the Land Division Ordinance and the City of Auburn's standards and specifications. .~t.~i I2 13 1 ttivv~ City Engineer D to SECURITY IN LIEU OF COMPLETION In lieu of the required public improvements for the Final Plat of , an approved security (type of security) for $ (150% of the estimated costs of Improvements) has been submitted and approved by the City Engineer. City Engineer Date 1. The developer has provided references and demonstrated a minimurn of 3 years successful, non-defaulted plat development experience in the Puget Sound region. 2. The bond/security is based on the following costs: . Water $ Sewer $ Storm $ Traffic Signal $ Street $ (luminaires, curb, gutter, streets, private utilities) White: Contract Administrator Yellow & Pink: Planning Director Goldenrod: Developer L0222-1E