Loading...
HomeMy WebLinkAboutITEM VIII-A-1 C1TY OFy AGENDA BILL APPROVAL FORM r . WASHINGTON Agenda Subject: Ordinance No. 6343 for Final Plat Application No. Date: February 23, 2011 PLT10-0006 Department: Planning and Attachments: (See Exhibit list below Budget Impact: Development and Exhibits Administrative Recommendation: City Council introduce and adopt Ordinance No. 6343. Background Summary: Wade Thuline of EVANN, LLC. has made application for the Final Plat of Pinnacle Estates, Phase 2. The plat includes the creation of 28 lots from Tracts C & D that were previously created with the subdivision of Pinnacle Estates, Phase 1. The property is located in southeast Auburn, east of Lakeland Hills Way SE and north of Lake Tapps Parkway SE. Pinnacle Estates received preliminary plat approval under Resolution No. 3718 (PLT03- 0002) on April 19, 2004 to subdivide the approximately 30.8 acre site into 102 single-family lots in two phases under the R1, Single Family Residential (subsequently modified in 2009) and the creation of two public storm drainage tracts; Tracts A and B. The plat has been developed in accordance with Title 17, (Final Plats, ACC 17.06 subsequently amended) and the conditions of the preliminary plat. The City Engineer has signed the Certificate of Improvements acknowledging the completion of all of the plat infrastructure improvements. L0307-3 03.5 PLT03-0002 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 ® Legal ❑ Police ❑ Planning Comm. ❑ 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: March 7, 2011 Item Number: VIII.A.1 AUBURN* MORE THAN YOU IMAGINED Agenda Subject: Ordinance No. 6343 for Final Plat Application No. Date: February 23, 2011 PLT10-0006 Attached are the following Exhibits: Exhibit 1 - Final Plat (Map, 5 pages) Exhibit 2 - Proposed Ordinance No. 6343 to approve the Final Plat of Pinnacle Estates, Phase 2 Exhibit 3 - Resolution No. 3718, previously approving the Preliminary Plat of Pinnacle Estates (both phases) Exhibit 4 - The City Engineer's Certificate of Improvements Page 2 of 2 R,~1i Li 1 i PINNACLE ESTATES PHASE 2G PINNACLE ESTATES PHASE. 2 FM NW Ua SW Ilk SEC. M TWP. 201 ROE 05 E. WM CRY OF AUWW MICE COUNTY. WA"4arON PM NW V4, SW V4, SEG M TWP. 20 N, ROE 05 E, WM CRY OF AUBLI K PEFICE COUNTY, WASFTpTON t . LEGAL DESCPoPTiON SURVEYOR'S NOTES p®ICATION APPROVALS - Rt N, ~pem1. M.ap m. rt a Ym m. w. n ~A 4:. b. r ; °RR a s"° or ML KE 61 TESE PIESDIIS MAT M ME LIMERSIRIm oenEns a NM-T w ME ' - nD . An 1y m ow wA«u]pru Armxr ura N Y SUBBNBFD. -DY ECUIE MS PUT M E ME ORAPWC IEPIEYITTATION a "I Xf]EBr miRY MA1.lIEFE ARE M mWD{IVSr SPErsM ASSE551@Il5 fW wLX 111E 2 MrED ogoed a min ME sutpYssax YAE -1. AM DO IE1r®r OEDICAIE ro ME 119 a ME Pu01f FRiFYFn PRapltt sUw:ECT TO MG -M WY M llAd£ M ME CITY. AM MAT Al S AE " ALL SIIEE'IS Ara AYQn Nor 910w1 AS W AM N W AM EAGTE ME USE 1nFAE6 fOl - A55®IE111'3 w -1 Pw6cNTr -N caxT- DDD- a-l1s s-M Au a+ rill MY EA-cUJENT PROV4910N9 •q Nw n mn ,.:YA.Y Yo ..wa Inlm v9n . a ~o mr.. - Ml PI.®UC PUwr>g.5 nor WLOl951FNT wM ME USE D iW P1aUC NO1wAY PU18645 ODEn P191C 115E NAYS eTTDI DULY P-. SATIwxD OR OSOIM®. r w AM ALSO ME mWT ro YAAE"ALL NEEESSARY 51016 FOt CU15 AM RLS UPON ME m15 TIBS_OAY a zm1. ~oIM . _ _ _ _ xa/CA rA4 w ~x.A® lIQ Ls m> a . r/Y IwwY YY •«e® bniaa is lrsv 910YW DEnEM M ME OwWM EASWIABIE OiwY1G OF 5M SIIetETS AND AYEHUES Ala NRINFA Ofl1GR ro ME USE Qi ME PU81C ALL ME E 911[1115 Na lx/~C5 SHOMN RI lIG es5* 1xDIUE mvun. mlTasl rwaz carYn utt s uerW «e~~ IIT .1 M vm~ml 6 M ml i«1OHCMlra YY«ID> u lirt I] m> w PLAT m r11w iW ALL P1H1C PUwP69s AS PaICAIm THDwRI.' x2UMa BUT MT -MD TO PAnNS AlwuWl DWECroR 6 HxANLE - m Om (d A5 awl ollpe) 4 Au Ima WrnS snm(51 AULrn la u 9e1w1 araR>Q w wAd m meaa:r.l . CPf)I SPADE URInF3 w0 DIIIINAIE UNLESS SUCX EA5DE1rt5 OR 1Rw15 AE SPECFlCALLY - a9Ym YAwrArL IaAw wreAa Da)AE mmplmD PPQ maAR 486 wS rq rl 5 a.Rt m mnlWn mpsma wllwemn FA9laIR Na uASln ra A~drs CWrMa w uaW Wmwo mmmm~m me v xn aol~Prrz OfuT1i1ED w TT15 RAr As E1xo RDICATm m mxYEYTD To A PeTaon a E,rntt oMen TxAx .r«wpAN°s Irmo Iv M wwor a -T ME PU81C. x WLM GSE wE 00 xE1®Y OE8u1E sId SREER EASEYEn15 OR RAC15 ro I xEIEHY CTATITY MAT Tres -AL PLAT 5 W COIPIlMM wM ME CEAIEICAIE a PAx mmoc m[wm. am s~ Aa opal ME PFnSRI m EH1RY IoDllbwD AM FRe ME PURPOSE STAIE0. xPROlfllrtlTS miwD PUR9IAM ro A.GC 1).06013, AM IS COn95,FNf WM All. MPLr.n r I/a°M se~1s. fors alas n,nYOm • ..c m«..m w M ru . r. . - CrrT nBROYY4]EExxTS STMDAR6] Ala BEQ10R11Qrt5 x FdeLE Cx ME DATE OF ME PELDIeIART . TNITIER ME UraEMO® OrNel6 a ME LAM IEnEBY SUBOYaED, w.YYE fEX 11E115f11YES. pUT n Ar4ROVA MS =DAY OF "Nn. rw. rt nM- NEWS AM AsspS AM Axr PFASOI w e]Intt DT1eYb+c nTet rROI ME uMERBRED. , m•AeAwt m m n Dmna AWm.Tn. evmr . oa es w~ m°s1a~ w s.° oonni a X01 alrm~i m oc~w.r Irs .,I« AxT AM 0.wls mR D AGeST Citt a w1MRM. I15 sucrosas AM AmRK - RoAw " v dsx.rE rwoolr uNV wnbplo ro'lzrmr, ww :na a +Na sn wa YAl E .gym BY n NE ME EsrAalswEllr. N15TRICDDrL a YAWnNAWa OF Mo/m ON:x.YE SYSIFYS wT,lw M5 SLIMIYmOx Onwll MAx aAe15 wi9lL,ra rAtr AuBUaI Litt FNOIwFA - M IY a PwvAm PeAwA¢ Cwma1TP wIPwI Iwnl AA[ rapT mrclm R M owes m Ltm m M ® wo . xwFf m .--ma Br Ott OF AUBWM r ~E wrw PW Toe m 5ra Ini. M swamp. _ ppn plrr/I O t6 ! m R O r 1m1 ° m -NUN ME IInOET - mm w ME LAM NpE1er 81spEED. AOEE FOq IKMSELtts. I MREBY OaFnFY W nb5_OAY 6 -1 MAT DPS rNM RAT 6 W - MEW Nr1I5,AM A, M •apw1EY AM HQ Ott Or AMURK ITS 9IC¢sals AM SUB -AL W W'p -M WM W HIEI -Y PUT Na MY mrIPn46 A,Trl]® TIEFEIO. 1wm w rw mOrgr a wr alrw.w Irs ra.cl utauw .1w 11[ wa Pld]wNNARr RA! w/S APPravm Br IESaYTpI nuuEn nn a TIE AIaIW Ott Ames, xAa6ESS FBUI ANr DAYA¢ NnYODIC Axr oas,s a -WW aaum eY PFRSRS PRIVATE DRANAGE EASEN4B(T COVENANT - 20W. - R ArvA n wTlw rq muwA¢ sea 11.5 91BOl TD F a wMM - NAVE W 9H- CAU9D SR3BY RIE WAMR S K ME LWgwa CCLII[Q al ME 1Pnl WY aAVr0. u - Yw.AT 91PfACE YERTAIw. ORASIAE. m SWEACE E AQ WA1FA r1Ar5 wT1al 1H5 M ®1ul e°rtArp w ao Imbo~r wrt r•Bmlr m arlrw m aACr 5uwxvppl d BY ES,ABIIDYFNT. LOISMUCIpI a _TN-DE a ME ROADS venal 111K AUBUW PLANNMO HECTOR SUB8w51W1 PROYaFD, T1e5 rAlwl AM NRYItfflulxwl SXNL MT E CCaSTRIIED AS pOm°° °j'1O iWN0~ raA . Rf1FA9NO Ott a A-K n5 SUCCEyy55 M ASSIGNS - LLIBEIIY FOn DAYAIwe xCWBM ME COST a OEiEx2 RE9aRIO N wlE Q W PARt moY ME NF:LL~ICE a Ott - iM.m M aAAr«a rAWnp bap. - O°OiS M nLboer w sw rm m Im a A-M rts SUYSSMRS OR A55p6. EEAYWm AM APPnOYID --DAY OF ml. WR91AM m CITY -a r M - nuuER warm eT ME AIMUWI 5tt w{xm w THE _oAV a _ ' MK SUM -ft -A11Ry -M OF LIARS Na AoEO l ro IIOm xAmYE55 5 uADE w- 'apY~T~ m mAx An m~tYa « sw glo.arr a nor surlmlr m Ouei Ircw,ol rEM ME FREE -T Ma W -MM wM ME xsoES OF SM oT•Ertt ~ wG ar,nrn.ow°p lolo... Tea,.od n>®r to mmc , «pe1,, w11Em wxeKOF w: MY OIW HAMS AM SFAl4 YArOn - 4~.wM..r W.roIN¢ sud As uw «as) « mp maiArm mueua rAtLTp fag v swis 13 wpm4 a aAVn m wm rou m«n, um Arnoox xn nmmo°a . . oYrala nr°e> retard `L a rwswn ..mnm a mrAaww m u euW.a rAUnex I. wlvwm a set Aarlam .q w Nw maA•r A u ra ATTEST. M ww Ao ° erAYa wa - M o.m ' ADWIaI Ott aElal w~.o b.nlacaa eve. aom..m.rr.e NwP -M °r. e• ....A m v.mnno~ ~ewnms m - _p'Awr•L.LIL..-. PMACIIK, NC . . - ~ r.wvc ort ' ASNVaTOx IYIm UA91tt CO. A wASMILTDN LOEQ1,L,p1 m' ' - 9P I NAT CPAnFY MAT ALL STATE AM o TMwK IEnETRlRE 1EY® ACAWST ME rnoFmtt DESw® rIDETII. Accaaoa ro m BOOns ua Emus a Yr mwE nANE ewer ' - - Fuur PAM Mm Wsolul®. - FCE$ ' ~ ,pn ,,.ral ,>me - ACICNOViB m mno mp. w~a.o.aero°p5°.a AAm STATE a rASmlcTRl AssESSaR/TEA8/Ew DAM - a YM .Nwc ,.a sac' n°¢ w A®mwe rq mTr o ARAwx mAOw mAU w..., ai Pm.um a °w sne or . T, Cf Pw1eLE CORITY, WAwMIRI - - - I CERITY MAT I Maw to NAYE SATISFACrORr EYaErICE MAT 5 i rui 6 AIO Ives 1, UAar Ars o . rwwKfw Ap1® os Ir¢11a1xgRA1ArCI ME PEAlaI Y110 AF4FAIwD BFiSLE YE AM SAp PFA5011 AOOI0wmE0 MAT M 9O® 11151 M um verve . rumw(eq~a Ili w wru¢ M Iui ma m 16'Ia11FNI, d DAM STALED MAT HE wA4 AlIn10w3FD TO EKG„E NE aSRINExr AM wp rt e wnes.Iw m A®emAm . U AaDawm¢D IT AS THE DTro E ME FEE AM LAND SURVEYORS CERTWCATE ro d.s4. M w.mm. YaxTAm ACf w SUCH CORANr TOP ME USES AM P1E805E9 Yd1aMD N THE M,wIAImE I IEIwBY C1AlfY MAT ,16 PUT OF PNNACIt ESTAlfS PHASE 3 5 BASm M M A- . - SUfYM DOE M YE m UlaFll YY fw1ECT SUPERwBRA THAT ME EAI@16 MID OISrANRK AE DAMD, SNOlN LOREMY MAT ME YOMYT8T5 w E SET AM ME mr AM BLOO! L'OPxEM -K M sacnrr s realm M immw6 tw meae - STAaD LOaECRT 4r ME CRQIM AS CONSiwI1C11R1 K COHERO AND 1XA! I HAVE R41Y - - MTAR, PL91C N AM F51 ME STALE WIWIED wM ME PROY190N5 a THE PUTRID EPAAlIQLS wmr M AcmM M .cme msp. M fM of.p rrw Inn a A. .1 OF wA51-W - M mAe mep sq um s Ara w w iR mrwreT eS raW M AemM mbm. RF501p AT //tYT]/If< O - «e w«e® wm~aT IOYI ru IueID ls¢ I! a?rs®Aw A 4r ..iae0 bets I9 TMs YY CWNmdI EY'WE$ 46- k MEL 0. PIKE Sw, PLi _ Ti w wa wnwr Trot magma duple (RUl la sla¢ DMTw An NO, ])6U emq M OrWN 9AMR N na A4r, wp e w wWm AUDROKS CERiFICATE ::v q, °m °q n n « ®a , ACKNOWLEDGMENiS STATE a rASxxcTw rwlD FOR rural sP5 DAY aF .3011 AT W W R OF TES PAST x YQLYE 6 -m IEC6m5 a PIFME - r Nnarrrt . MAT. TY, wASaxcTOE _ A~- s m I OERTw'r aNOw OR 1W1E SAn3AL 1 fYaeIICE MAT S r!'+r+ar v n w PrAY a P1E w TIE rEnsal wa Awerm EFaE YE --D P[a5w AR1awm® MAT HE -D 1NS A R b L~ n V oi/a WSWUE]IT, a1 OAM STATTD MAT HE W5 wMalmv ro E1EOlTE ME NSTIRYExT AM AOWOwIID®rt AS T1E a ro E MEF AM ~WTY Awp BY - ~m Vv11ITwY AR DF SUCH C -Y iIX ME U5,9 AM PUfaa45 YkTI11011m N ME NSIRVYFNT. ECG N0. " I SECTION w` lswr 1F 1oa[cTOI DATm: i I _,m• - P?! .Warmer 2- - .,sa ra~"0„r. mnm yc M,Anr welt N AM riW ME STATE ~ ~ - ~ ~ - a rASxlAT - . s - - _ lseraow w malmw E]°IES VICINRY MAP E ®a-.rsAa DAN PRICE LANOST/RVEY/NG n A eoa a o .Ira " Nor R 4.v1 DAN PRIG [ANDSURYEY/NG n emw a w Iriy Sue AYE E IB O / ~ )8~ ISZM 1Y,9M l~ D/T1a B)s-eo)s a am¢ (zs]) B)s-mn lxvlA A S1Ar n A8 ®m m Aa (zeal. e>s-m>s i••~.. u (u]7 B1smn LAIR)-lA ACWI uF .o omm mm «n.n1 SHEET 1 CF 5 "/A/'b SHEET 2 OF 5 VOLpc; PINNACLE- ESTATES PHASE 2 9 -PINNACLE ESTATES PHASE 2 PM W V4 SW 1/4 SEC. O5.7WP. 201. R0E 05 E. WM C" OF AOMl MU CE CO IM. WASI$=M - PM NW U0. SW 1/4 SEC. O5. TNP. 201. RUE W E. WM CRY OF AMM POKE comm wm"a" i ] / \ noes >m A] , Evtvi~ls5oav \ sEC H ~>x I I ` v Eli, - 1 s I~T I es I es 1 's 1 i \ i / 1- 1 , es we 87 Y 'e9 @ 90 ' , ,592 rJ ' / / • -FACT 'D' s L.1; Me als, "Ol 83 65TH ST. S.E__ . its b' \ m¢T sc 72 S i~N \ 82 NOTE.' 78 77 79 751, I~PI I °•°v I - 1 1 I i , -F c 69 i fi9 i i0 TI 1 1 .'•y3 1 TL a 7, 2~ 21. TL 1 . 66TH_ST. S.E % . 97 •1-__ 5L1 55 15e I ET I fib I . b9 I T° TI' 72a,.a an S \ 1 ...5.........., H ]e I i I I 1 P~ _ _ ■q _ ~Aq 85 a~o I ]I_j fi5 1 I ' -_Ya _ I 5~e - A a~m a~ 7~' anec 8 84 ~ .c . I 51 1 • I I. '3 Ain ' - - - - aav $ , I F-- - I I :B I C9 I sa Y. I 1 -1 , I 1 • Y~ _ _ mm 31 L- .a J t ~ / ywh " 3- c~By .I_ "_i 1 TzL \E .i a 3 _u a;~~asam -L 4',ab _ off. j` k m,sm+re BJi~19'f. ME FF j 82 al S yal _4 z _ I I. zs. 'I •/per( /f n - 78 9 77 awe \ \\..8. r WI fi- JJ I ; / I I r(/-----r--l n I I xe.:F m aie. - ,Q lal ----4 \ ' / I \ i z5 7B { a's• { 5 i 3e5W4 ; 1 2e \ 1 \ -g BI ' I ]r ~~~-w \ \r~~~J ill I ven-jEnATEs cx.sE+ 1 21 M2Z :e 1 / I L2 ` yN''' ~ 21 1 ' 1] \I I _ - - al .c >d SeGW )ri .WeK 71 L, - i b5 r ,-k' ` " \ / i 1 y I 53 I I I _ I r_-__y I r___ 1 \ ' 1 \ ~ 1 \ 1• ` 7- _ ~ I I PWHA~ E ESTATES PHASE ] I ' I 13 92 / w 52 I .I II ]C I l3 1 \ 5T. 5.%-/- i6A[i 'A' 1\` \ \ •I~ REL, H0. ?~^_iC9Tfi50aG > 11 e 11 a \ ' - - - lmw gu .7 T GM ST. SE - T-r- 3 \ \ b \ 1 29 TflACT c'I J TP.ACT \I L \I I T . ~ I ~ sL I TflACr.a. sT I 5b I. z~ I 1 -------------I- ~ EASEMBJT'9 ) F[S#In LEGEND' =1. T.Ml- vs,N r.1 v~ w~ .a :oraPV]mm. PASr].wT ~S O.iQOa ~'am ] v.mn>. a c\~olT .,ors Iw' So' 2°0' ]00' 90' m So' Itw' t3o' DANPR/CELANDSURVEYQVG DAN PRILE'LANDSURVEYaVG 1>923 SMf A\E E ~ ~ I>;]J 39U1 AVE E. dB TACWA MA aes•e ~ TACWA WA 9e•.e ~a fM (p5,1) e>rrews Ofi1LE (253) a>3-ew3 a rAr (ss3) ms-eo>e n v.v PA. (zsa) e>9-ewe e.: n mni - .a Te ,~/a.no e..., o ws am,P ,E nn•n• SHEET 4 OF 5 ra,m ~ SHEET 3 OF 5 PINNACLE ESTATES PHASE 2 VMRG POR. NW U4, SW 1/4, SEC. 05. TWP. 20 NL R0E 05 E, WJA CITY OF AUTdAK MICE COWN. WASIOWON Am A. }"s 90 ass i °1 aC A o~ a e o°\ \ i t* i v' 1° ,F r 25 lieeTT .d... w % 27 94 w a 0. 1 75 :_A„^LAND_DA55DS1C 1 1 \ 1 1 r/ I roan G 1' I-0 D3oo~ 9 I 1 M- I 1 74 I w IWi l l' - t / X96 w I O I I ii a • a 31 I f I t C3 I 99 - 11 1-7 -1 \ J / m ro o - M)strp6-W, Bz.1p 2 11 EASEMENTS WW.•w3ay .i[s er i3 i ufcu xaiat Iaoa / Fi!1NAC E ESTA_ES P'rA5`_ 1 / \ \ \ ' QQ m~i~ ~ ss~xian mnW.c s'~'~.a~a n[~ ~ \ F.cC- - c.sns; uc o aarcr cw .o,« 9,D.~s ' LUE-ND O 6 .....ci au o ~w.a u~c `~iommP°immP1~: ~ a.~ow aaa ~n..r=r xt ns mu p. ' .;o rm•.u o...`~'.a°um~iD1. m~O"w:=..r, a, .,W.. v.~ao se u• a so' ,oD' ,so' o~,T~ W~ ff>" ter. WF 6.~.1..~ --so• 0.P xwc mo.o-m.r-ax>D.a $2 DAN PRICE LAND SURVEYING . a = a 17933 53N0 A\E E TACOMA WA 98H8 ~ a M (2") B)}8075 xrm Br D FAIT (253) 8]S- 76 . •jj0~„~ .a Dro.D 1c ~~n.nD SHEET 5 OF 5 ORDINANCE NO. 6343 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF PINNACLE ESTATES, PHASE 2 WHEREAS, the City of Auburn received a final plat application for the Plat of Pinnacle Estates, Phase 2, Application No. PLT10-0006 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. Wade Thuline of EVANN, LLC has requested final plat approval of Pinnacle Estates, Phase 2 and all applicable conditions have been met. 2. The preliminary plat was approved by the City Council on April 19, 2004 by Resolution No. 3718 (PLT03-0002). The preliminary plat was approved with two phases. The plat has been developed in accordance with Title 17, (Final Plats, ACC 17.06 subsequently amended) and the conditions of the preliminary plat. 3. A Certificate of Improvements has been issued by the City Engineer, accepting all required plat improvements. 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. NOW THEREFOR, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Ordinance No. 6343 March 1, 2011 Page 1 of 3 Section 1. Approval. Pinnacle Estates, Phase 2, a subdivision involving property located within the City of Auburn, Washington, which plat is legally described on Sheet 2 of 5 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 constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this 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. Section 4. 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. 6343 March 1, 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. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Published: Ordinance No. 6343 March 1, 2011 Page 3 of 3 EXHIBIT A TO ORDINANCE NO. 6343 LEGAL DESCRIPTION TRACTS C AND D PINNACLE ESTATES, PHASE ,1, ACCORDING TO THE PLAT FILE FOR:'RECORD SEPTEMBER 20, 2005 `UNDER AUDITOR'S FILE. NO. 200509205004, RECORDS OF THE PIERCE_000NTY.AUDITOR IN PIERCE COUNTY, WASHINGTON. 1 Exhibit 3 RESOLUTION NO.3 7 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE PRELIMINARY PLAT OF 30.8 ACRES INTO 102 SINGLE FAMILY LOTS LOCATED AT THE NORTHWEST CORNER OF THE OLD MAN THOMAS ROAD AND LAKE TAPPS PARKWAY WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. PLT03-0002, dated October 8, 2003, has been submitted to the City of Auburn, Washington, by Brandon Mcdowell Of DBM Consulting Engineers, requesting approval of a Preliminary Plat for one hundred two lots for single-family homes within the City of Auburn; and WHEREAS, said request above referred to was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on March 16, 2004, at the conclusion of which the Hearing Examiner recommended approval of the Preliminary Plat, subject to certain conditions; and WHEREAS, following the public hearing the Hearing Examiner issued a decision dated March 29, 2004, a copy of which is attached hereto marked as Exhibit "A' and incorporated herein; and WHEREAS, after receipt of said decision, a request for clarification was submitted was submitted to the Hearing Examiner which prompted an Order on Resolution 3718 April 15, 2004 Page 1 Request for Clarification dated April.7, 2004,-a copy of which is also attached hereto, marked Exhibit "B" and incorporated here and by this reference; and, WHEREAS, the City Council, on April 19, 2004'considered said request and affirmed the Hearing Examiner's recommendation, for approval of a preliminary plat-based upon the Findings of Fact and Conclusions and Decision of the Hearing Examiner, together with the Order Clarifying, according -to the Exhibits referenced_ here and above. NOW, -THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1I.-Preliminary Plat ARProval. The preliminary plat of a 30.8 acres into 102 single family lots located at the northwest corner of the Old Man Thomas Road and Lake Tapps Parkway within the City of Auburn, Washington, is approved, subject to the conditions as set forth in .the Hearing Examiner's Decision, as clarified, Exhibits "A" & "B" hereto. Section 2. Administrative Authority. .The. Mayor is hereby, authorized to implement such administrative procedures as maybe necessary to.carry out the directives of this legislation. Resolution 3718 April 15, 2004 Page 2 Section 3. Effective Date. This Resolution shall ° be in full force and effect upon passage and signatures hereon. DATED and SIGNED this-f I day of April, 2004. AUBURN PE ER B. LEWIS MAYOR I ATTEST: anielle` E. `Daskam City Berk APPROVE "S TO FORM: . 4E City Attorney i f Resolution 3718 April 15, 2004 Page 3 it I~ - EXHIBIT "A" TO RESOLUTION NO. 3718 Page 1 BEFORE THE HEARINGS EXAMINER FOR THE CITY OF AUBURN In the Matter of the Application of ) NO. PLT03-0002 Pinnacle Estates ) FINDINGS, CONCLUSIONS AND RECOMMENDATION For Approval of a Preliminary Plat ) SUMMARY OF RECOMMENDATION The Hearing Examiner recommends to the Auburn City Council that the request for preliminary plat approval to subdivide 30.8 acres into 102 single-family lots should be approved subject to conditions as listed herein. The requests for approval for a modification to land dedication standards and for reduction of lot-width standards for the plat should be granted subject to plat approval and the conditions as listed herein. SUMMARY OF RECORD Request Mr. Brandon McDowell of DBM Consulting Engineers (Applicant) requests approval from the City of Auburn (City) of a preliminary plat application to subdivide 30.8 acres into 102 single- family residential lots. As part of the plat request, the Applicant seeks approval to modify the plat standards of AMC 17.12.260, which relate to parks and playgrounds. The Applicant also seeks approval to reduce the width of seven of the proposed 102 lots as provided in AMC 18.12.040(B)(1). The project site is located at the northwest corner of the Old Man Thomas Road and Lake Tapps Parkway intersection. Hearing Date The Hearings Examiner for the City of Auburn held an open record public hearing on March 16, 2004. Testimony The following individuals presented testimony under oath at the open record public hearing: 1. Mr. Sean Martin, City of Auburn Planner 2. Mr. Brandon McDowell, Applicant's Representative 3. Mr. Daryl Fabre, Director of Auburn Parks and Recreation Exhibits The following exhibits were admitted at the open record public hearing: I 1 The legal description is the Northwest of the SW 1/4 of Section 5, Township 20 North, Range 5 East, W.M. Exhibit 14, Preliminary Plat Map. Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Pinnacle Estates, PLT03-0002 Page 1 of 10 EXHIBIT "A" TO RESOLUTION NO. 3718 Page 2 Exhibit 1 Staff Report dated March 11, 2004 Exhibit 2 Area Map showing project site Exhibit 3 Preliminary Plat Application . Exhibit 4 Legal Description of Subject Property Exhibit 5 Notice of Application Exhibit 6 Staff Evaluation for Environmental Checklist dated January 26, 2004 Exhibit 7 SEPA Determination of Nonsignificance dated 18, 2004 Exhibit 8 Notice of Public hearing Exhibit 9 Certification of Posting dated March 2, 2004 Exhibit 10 Letter from DBM Consulting to City of Auburn dated December 2, 2003 Exhibit 11 Letter from Pinnacles, Inc to Auburn Parks and Recreation Department dated December 2, 2003 Exhibit l l a Letter from Auburn Parks and Recreation Department to Pinnacles, Inc undated. Exhibit 1 lb Calculation of Park Fees Worksheet" Exhibitf12 Letter for Comment from Mr. John Washam dated January. 19, 2004 Exhibit 12a City, of Auburn Response Letter to_ Mr. Washam dated February 13, 2004 Exhibit 13 City.of Auburn Certificate of Water Availability dated December 30, 2004 Exhibit i4 Preliminary Plat Map Exhibit 15a Level One Downstream Analysis dated December 2, 2003 Exhibit 15b Geotechnical Report dated December 17, 2003 Exhibit 15c Traffic Impact Analysis dated December 2003 Exhibit 15d Technical Information Report dated January 14, 2004 Upon consideration of the testimony and exhibits admitted at the open record hearing, the. Hearings Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant requests approval from the City of a preliminary plat application to subdivide 30.8 acres into, 102 single-family residential lots.2 As part of the plat request, the Applicant seeks, approval '.to modify plat standards in AMC 17.12.260 for parks and playgrounds. As Ii allowed in AMC 18.12.040(B)(1) the Applicant also seeks approval to reduce the-width of seven of the proposed 102 lots.- The project site is located at the northwest corner of the Old Man Thomas Road andLake Tapps Parkway intersection., Exhibit 11 Staff Report, page 1. 2. The subject property is zoned R-1 Single-Family Residential, and the City of Auburn Comprehensive Plan designates the subject property as Single-Family Residential. The R-1 zoning standards requires a minimum of 8,000 square-foot lots; a maximum lot depth of 100 feet;. maximum lot coverage.of 35 percent; `25-foot front yard setbacks; 25-foot rear yard setbacks;-and a maximum height of 30 feet.: AMC 18.12.040; Exhibit 1i Staff Report, page 1. ! The proposed plat satisfies these standards. Exhibit 1, Stafj`'Report; Testimony of Mr. Martin. The Comprehensive Plan encourages man aged growth to enhance the community and z The,proposed subdivision would be developed in two phases. The first phase would create 75 lots; the second phase would create the remaining 27 lots. Testimony of Applicant. Findings,. Conclusions & Decision Hearings Examiner for the City of Auburn Pinnacle-Estates, PLT03-0002 Page 2 of 10 I ~I EXHIBIT "A" TO RESOLUTION NO. 3718 Page 3 maintenance of the City's character as a family community. Auburn Comprehensive Plan, Chapter 2, Goals 1; 4. The proposed plat will satisfy this goal. Testimony of Mr. Martin 3. With the exception of seven lots with reduced widths, he lots of the proposed plat are designed to satisfy the development standards for the R-1 zoning district. Exhibit 14, Preliminary Plat Map. 4. R-1 zoning standards require a minimum lot width of 75 feet. AMC 18.12.040(B) (1). However, a reduction of lot width is permitted for up to 20% of lots in a subdivision that will have 50 or more lots, and where it is necessary to accommodate a proper lot or street layout due to physical constraints of the subdivision. Lots of reduced width must be dispersed throughout the subdivision and cannot be clustered in one area. AMC 18.12.040(B)(1). The seven lots with the reduced lot width would allow the property to be developed to City, of Auburn density standards. The seven lots represent approximately-seven-percent of the 102-lot subdivision and will be distributed between two cul-de-sacs... Exhibit 10, Letter from DBM Consulting Engineers; Testimony- of Mr. McDowell. 5. AMC 17.12.060 establishes that a substantial increase in demand for park land is created if subdivision. is developed with a plat that has fifty or more residential units. With such a design, the City requires dedication of land for parks and recreation. _ As an alternative, the Applicant can provide money fora fund for such purposes. Testimony of Mr. Martin. 6. The Auburn Parks and Recreation Planhas established requirements for land dedication for mitigation for parks and recreation impacts. The Auburn Parks and. Recreation Plan provides that 6.03 acres beset aside per 1,000 residents, and that 75% of the acreage. be "community park" space; 12:5% of the acreage be "neighborhood park" space; and 12.5% of the acreage be "linear park" space. Exhibit 1, Staff Report, page 2. 7. The calculated land needed for dedication for parks for the subdivision is 1.57 acres. The land represents 1.15 acres of "community park," .19 acres of "neighborhood park" and .19 acres of "linear; park." Exhibit 1, Staff Report, page=2; Exhibit 11 a, Letter from Auburn Parks and Recreation Department. In lieu of dedication, the Applicant has agreed to pay fees to the park fund. Testimony of Mr. McDowell. The City Parks and Recreation . Department identified the development costs for 1.57 acres as $221,720. Testimony of Mr. Fabre; Exhibit I1 b; Fees Worksheet. The Applicant and City agreed that the Applicant pay $1,086.86 per lot in lieu of dedicating land for parks and recreation. Exhibit 11; Letter from Pinnacle dated December 2, 2003; Exhibit 11 a, Letter from Auburn Parks and Recreation; Exhibit 11 b, Fees Worksheet. on consideration of the availability of a large nearby community park and other park amenities in the area. , The Lakeland Hills South PUD is located adjacent to the subject property on two sides. The PUD contains an extensive park system, which is available to the public. The Applicant and City testified that the Lakeland Hills Park would be adequate to serve the proposed subdivision. The agreed mitigation fees i Findings, Conclusions& Decision Hearings Examiner for the City ofAuburn Pinnacle Estates, PLT03-0002 Page 3 of 10 EXHIBIT "A" TO RESOLUTION NO. 3718 Page 4 would in part; contribute to the maintenance and development of City parks. Testimony of Mr. Martin; Testimony of Mr. McDowell. 9. The proposed plat includes seven public streets that would provide internal access to the proposed lots., Exhibit 14, Preliminary Site Plan. All streets would contain sidewalks, curbs and gutters. The Applicant will dedicate the internal streets to the, City as right-of-way. Testimony of Mr. McDowell; Testimony of Mr: Martin. 10. In the City,. projects that are greater than 75 residential units must provide two access points. Auburn Comprehensive Plan, Policy TR-13. The Applicant proposes access off 69`" Street S.E. and a future access point with Old Man Thomas Road. Exhibit 1, Staff Report, page 3; Exhibit 14, Preliminary Plat Map. Presently, Old Man Thomas Road does not extend to the proposed access point. Therefore, the Applicant would terminate the internal street (Street B) near the future access point until it can be connected to Old Mari Thomas Road. Exhibit 1, Staff Report, page 3; Testimony of Mr. Martin. 11. The City, of Auburn would provide police and fire protection, and sanitary sewer and storm drainage services would be available. Exhibit 1, Staff Report, page 3. The City of Bonney Lake would provide the water service for the proposed subdivision. Exhibit 13, Certificate of Water Availability. 12. The proposed subdivision would be located within the Auburn School District. The City representative testified that impacts to area schools can be mitigated by payment of impact fees from the Applicant. The present school impact fee schedule as approved by the City Council results in a_fee of $3,250 per residential lot for the propose plat. Testimony of Mr. Martin. The Applicant testifed to agreement with payment of the impact fees for schools as calculated by the City. Testimony of Mr. McDowell. 13. The Applicant proposes to construct two drainage tracts (Tracts A & B), which would serve the subdivision. Tract A is located adjacent to proposed lots 10-14; Tract B is located adjacent to lots 1 & 2. The proposed drainage tracts would connect withCity drainage services off site. Exhibit.1, Staff Report, page 3; Exhbit 14, Preliminary Plat Map. The preliminary drainage plan has been reviewed and, satisfies City requirements. Testimony of Mr. Martin. 14. Pursuant to the State Environmental Policy Act (SEPA), RCW~ 3.21C, the City of Auburn was designated as the lead agency for review. of any environmental impacts resulting from the development. After consideration of all available environmental documents; the City issued a Determination'of Nonsignificance (DNS) for the proposed subdivision on February 18, 2004. Exhibit 7, SEPA. DNS. " The DNS is a determination by the City that the proposed subdivision will not have probable significant adverse environmental impacts. WAC 197-11- 340. No appeals of the threshold determination were filed. 15. The City reveived one comment letter related to the proposed subdivision. In the correspondence, the proximity between existing development to the west and the proposed Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Pinnacle Estates, PLT03-0002 Page 4 of 10 EXHIBIT "A" TO RESOLUTION NO. 3718 Page 5 subdivision was discussed. The comment requested that a green-belt be established between the existing residences and the proposed residences within the subdivision. Exhibit 12, Letter from Mr. Washam. 16. The City provided reasonable notice of the public hearing to interested parties. Testimony of Mr. Martin. The City posted notice on the subject property on March 2; 2004. Exhibit 9, Affidavit of Posting. CONCLUSIONS Jurisdiction The Hearings Examiner is granted jurisdiction to hear and make a recommendation to the City Council, pursuant to RCW 36.70.970 and AMC 17.06.050 and 18.66.030. L Criteria for Review I. Preliminary Plat Auburn Municipal Code 17.06.050 provides criteria for review, for preliminary plat applications. Such. applications.shall only be approved if the Applicant satisfies the following: A. Adequate provisions are made. for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks; playgrounds-and-site's for,schools and school grounds; B. Conformance of the proposed subdivision to the general purposes of the comprehensive plan; C. Conformance of the proposed subdivision to the general, purposes of any other applicable policies or plans which have been adopted by the city c'' uncil; D. Conformance of the;proposed subdivision to the general purposes of this title, as enumerated in AMC 17.02.030; E. Conformance of the proposed subdivision to the Auburn zoning ordinance and any other applicable.planning or engineering standards and specifications as adopted by the city, or as modified and approved as part of a PUD pursuant to AMC Chapter 18.69; F. The potential environme ntal impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment, and G. Adequate provisions are made so the'preliminary plat will prevent or abate public nuisances. i The above criteria are similar to the criteria provided in RCW 57.17:110, which the Applicant must also satisfyTor approval of a preliminary plat application.' RCW 58.17.110 requires that: be made for the public health, safety and general Appropriate provisions must P welfareJor open spaces, drainage ways, streets or roads,'alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts. including sidewalks and other planning features that- assure safe walking conditions for students who only walk to and from school; and the public interest must be served by the subdivision. Findings, Conclusions & Decision Hearings Examinerfor the'City of Auburn Pinnacle Estates, PLT03-0002 Page 5of10 ~I EXHIBIT "A" TO RESOLUTION NO. 3718 Page 6 RCW 58.17.110. 11 Modification to Land Dedication Standards An Applicant may receive approval to modify land dedication standards upon satisfying the criteria set forth in AMC 17.18.030. The Ordinance requires proof that; 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; B. That, because of such special circumstances, the development of the property in strict conformity with the provisions-Of this title will not allow a reasonable and harmonious use of the property; C. That the modification, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the property is located; D. Such modification will not be materially'detrimental to the implementation of the policies and objectives of the comprehensive land use, circulation and utility plans of the city; 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; F. The approv al of the inodification`will be consistent with the purpose of this title; G: The modification cannot lessen the requirements of the zoning ordinance. Any'such modification must be processed as a variance pursuant to AMC 18.70.010. Lot Width Reduction AMC 18.12.040(8)(1) allows lot width reductionto 60 feet for 20% or less of the lots in subdivisions of 50 or. more lots. The Applicant must prove that a reduction is necessary to accommodate a proper lot or street layout. due to physical constraints of the subdivision. Conclusions Based on Findings Preliminary Plat 1. Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks,. playgrounds and sites for schools and school grounds. The Applicant proposes a subdivision that has addressed the above elements. The Applicant proposes to develop seven public streets with sidewalks, curbs and gutters for the residential-lots in the subdivision. The Applicant proposes to construct-an, on-site drainage system that would release drainage water to a City system located off-site. Adequate public services, including sewer services, are available to the site, andthe City of Bonny Lake would provide water service. Conditions of approval relating to access to Old Man Thomas Road will- ensure that adequate access is provided to all residential lots. The Applicant will contribute mitigation fees for parks'and recreation, as well as for the Auburn School District. Findings of Facts Nos. 1-13: Findings, Conclusions & Decision Hearings Examinerfor the City ofAuburn Pinnacle Estates, PLT03-0002 Page 6 of 10 EXHIBIT "A" TO RESOLUTION NO. 3718 Page 7 2. The proposed subdivision is consistent with the general purpose of the City of Auburn Comprehensive Plan. The proposed subdivision would support the policy of managed growth and enhance the character of a family community. Finding of Fact No. 2. 3. The proposed subdivision is consistent with.the general purposes of any other applicable policies or plans, which the Auburn City Council has adopted. The proposed plat is generally consistent with any other applicable policies or plans of the City of Auburn. The proposed plat will provide a living environment with optimum standards for single family development. Findings of Facts Nos. 1-14. 4. The proposed subdivision is consistent with,the general purposes of AMC Chapter 17.02. The proposal is generally consistent with the policy of the Auburn Land Division Ordinance. The proposed subdivision will promote the public health, safety and general welfare and satisfy the purposes set forth in AMC 17.02.030(A)-(K). The requested modifications do not create inconsistency with the Ordinance and are discussed below. Findings of Facts Nos. 1-13.. 5._ With conditions of approval, the proposed subdivision is consistent with the Auburn Zoning Ordinance and other applicable planning or engineering standards and specifications as adopted by the City. The proposed plat would meet the development standards for the R-1 zoning district. The request for lot-width reduction is addressed below and will not create inconsistency with the Ordinance. Conditions of approval related to lot- width reduction and R-1 zoning standards will ensure consistency with the Auburn Zoning Ordinance. Findings of Facts. Nos. 1, 43, 4. 6. 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. The City conducted environmental review and issued a SEPA DNS on February 18, 2004. Finding of Fact No. 14. 7. Adequate provisions are made so the preliminary plat will prevent or abate public nuisances. No evidence or testimony was submitted that-questioned the creation or existence of any public nuisances. 8. The proposed subdivision is consistent with the provisions set forth in RCW 58.17.110. As described in the above conclusions, the proposal satisfies the standards for preliminary plat approval. Modification to Land Dedication Standards 1. 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..- The location. of the proposal is unique in because it is surrounded by an extensive park system in Lakeland Hills South PUD. Because of this amenity near the site, the Applicant requested approval of Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Pinnacle Estates, PLT03-0002 Page 7 of !0 r EXHIBIT "A" TO RESOLUTION NO. 3718 Page 8 payment of fees in lieu of a land dedication for parks and recreation. Strict adherence to land dedication standards would result in additional parkland that might be an inefficient use of property. Findings of Facts Nos. 1, 5-8. 2. Because of such special circumstances, the development of the property in strict conformity with the provisions of this title will not allow a reasonable and harmonious use of the property. It would be unnecessary, and possibily an inefficient use of property, to require .the Applicant to dedicate land for parks and recreation because the proposed subdivision is near the extensive park system in Lakeland Hills South'?UD. Allowing payment of mitigation fees as an.alternative to land dedication would allow the Applicant to develop the project site with uniformity and provide resources to the City for maintenance of its park system. Findings of Facts Nos. 1, 5-8. 3. That the modification, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the property is located. Because adequate park and recreation land is available to accommodate the subdivision, the modification would not alter the character of the neighborhood or be detrimental to surrounding properties. Findings of Facts 1, 5-8. 4. Such modification will not be materially detrimental to the implementation of the policies and objectives of the comprehensive land use, circulation and utility plans of the City. The agreement to provide mitigation fees would serve a similar purpose to land dedication.- The adjacent park system in Lakeland Hills South PUD would provide substantial availability of park and recreation land. Mitigation fees would allow construction unfunded park and recreation land. The project would support the policies and objectives of the'Comprehensive Plan. Findings of Facts Nos. 1-14. 5. Lateral interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. Auburn Municipal Code 17.12.260 requires park land dedication when a subdivision will result in a "substantial increase in demand. Based on guidelines set forth the the AMC, the proposed subdivision would create a substantial demand for park land. However, Lakeland Hills South PUD has, parkland that would accommodate the demand created by the proposal, and the literal interpretation of AMC 17.12.260 could, result in an inefficient result. Requiring the Applicant to dedicate parkland could create a surplus of park land. Fees in lieu of dedication would contribute.to the maintenance and development, of the City park system. Findings of Facts Nos. 1, S-8. 6. The approval of the modification will be consistent with the purpose of this title. Based on the conlusions discussed above, the modification-request should be granted because it is consistent with the provisions in Title 17. Findings of Facts Nos. 1, 5-8. 7. The modification cannot lessen the requirements of the zoning ordinance. Any such modification must be processed as a variance pursuant to AMC 18.70.010. The proposal will not lessen the requirements of the Auburn Zoning Ordiance. Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Pinnacle. Estates, PLT03-0002 Page 8 of 10 EXHIBIT "A" TO RESOLUTION NO. 3718 Page 9 Lot Width Reduction 1. The characteristics of the subject property creates conditions where a reduction of lot- widths are necessary to accommodate a proper lot and street layout. Auburn Municipal Code Section` 18.12.040(B)(1) allows a reduction of lot width for 20% or less of lots within plats with 50 or, more lots when necessary to accommodate a proper. lot and street layout. Under. such circumtances, lot widths may be reduced to a width of 60 feet. TheApplicant requests lot-width reduction for seven lots, which represents approximately seven-percent of the total.lots.'. Because of the configuration_of the two cul-de-sacs, a-lot width reduction is necessary to-accommodate a propery lot and street layout. Findings of Facts Nos. 2, 3, 4. DECISION Based upon the preceding Findings and-conclusions, it is recommended.to the Auburn City Council that the request for preliminary-plat approval to subdivide 30.8 acres into 102 single- family lots-should be approved subject to-coriditions as listed'herein. The requests for approval for a modification to land dedication standards and for reduction of lot-width standards for the plat should be granted subject to plat approval and the conditions as listed herein: 1. The Applicant.shall install a sight-obscuring fence adjacent to the storm drainage tracts along the applicable property lines of proposed lots 1, 2 and 10 through 14. 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 of those lots proposed as "Phase II" shall not be accepted until such time as the' Old Man Thomas Road". right-of--way is constructed and opened a& a public street. 4. In order to, meet the park and recreation land dedication requirements, the Applicant shall enter into a. 'voluntary agreement with the-City, in aformat acceptable tot he City, to provide a fee' in lieu of dedication equal to the amount of $1,086.86 per lot. The.amount shall be paid prior to final,plat.approval-for each phase, based on the number. of lots,proposed for each final plat application. 5. All lots shall satisfy the development standard of the R-1 Single Family. Residential District except that the minimum lot widths for. proposed lots 16, 18, 26, 74, 95 and 98'shall be Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Pinnacle Estates, PLT03-0002 Page 9 of 10 EXHIBIT "A" TO RESOLUTION NO. 3718 Page 10 permitted at a reduced width, not less than 60-feet, in accordance with Auburn City Code 18:12:040(B)(1).3 Decided this 29th day. of March 2004. /S/ James M. Driscoll City of AuburnHearings Examiner i i i 6r i I - i r 3 At the hearing, the Applicant's representative stated that the numbering of lots as depicted in Exhibit_ 14, was likely to change. However,.the location of the reduced lots would not be changed. Thus, if the numbering does change, Condition No..S applies to the location of the identified. Any changes should be identified on the final plat map. Findings, Conclusions & Decision Hearings Examinerfor the;City of Auburn Pinnacle Estates, PLT03-0002 Page 10 of 10 'i EXHIBIT "B" TO RESOLUTION NO. 3718 Page 1 BEFORE THE HEARINGS EXAMINER FOR THE CITY OF AUBURN In the Matter of the Application of ) NO. PLT03-0002 Pinnacle Estates ) ORDER ON REQUEST FOR CLARIFICATION For Approval of a Preliminary. Plat ) On March 29, 2004 the Hearing Examiner of the City of Auburn issued a recommendation of approval for,the above captioned matter. The recommendation included 5 conditions that were supported and submitted by-the City of Auburn Planning Department.. On April 7, 2004.a planner for the City requested clarification of the recommendation by seeking the source of support in the Findings for condition No. 2. The e-mail request of the planner shall be exhibit 16 of the record.. Condition No. 2 read as follows: 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: The Auburn Planning Department submitted that no finding in the Hearing Examiner's recommendation supported this condition. While the Department is correct in stating that conditions should be supported by Findings from the record the source of the condition ' can also be found in the ordinances of the City of Auburn. The Auburn City Code.- establishes. required setbacks from property lines, easements and other,similar features. Even though the Findings may notspecifically address the setbacks the Applicant is'not excused from any requirements that are mandated in the Code. The source of Condition No. 2 is the setback 'standards, of the ACC. As a means of satisfying those setbacks the City's ,Building Official has authority to require all applicable comers of the structures on the lots be surveyed and staked prior to the pouring of footing or foundations. Further the March 29, 2004 Recommendation is amended to reflect that the City Code,of Auburn is cited as the Auburn City Code (ACC) and not the Auburn Municipal Code (AMC). Dated this 70' day of April, 2004. /S/ James M. Driscoll, Hearing Examiner Exhibit 4. CITY OF ~'!b~ICATE OF IMPROVEMENTS, ~p WASHINGTON FINAL PLAT APPLICATION PLT10-0006• COMPLETION OF IMPROVEMENTS The required improvements for the Final Plat of PINNACLE ESTATES - PHASE 2 have been completed in accordance withthe Land Division Ordinance and the City of Auburn's standards and specifications. Z z City Engineer Dat 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 minimum 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 REF. MFORMS1FE031 (2104)