Chapter 17.10
PRELIMINARY SUBDIVISIONS
Sections:
17.10.010 Preapplication conference.
17.10.020 Application, submittal and contents.
17.10.030 Review process.
17.10.040 Administrative review.
17.10.050 Hearing examiner review of preliminary plats.
17.10.070 Findings of fact.
17.10.080 Notice of decision to applicant.
17.10.090 Transfer of property.
17.10.100 Adjustments of an approved preliminary plat.
17.10.110 Time limitations.
17.10.120 Development standards for panhandle lot access and private access tracts.
17.10.010 Preapplication conference.
Persons considering making application to subdivide land lying within the city of Auburn are encouraged to file a request for a preapplication conference to be held with appropriate city staff. Such request shall be directed to the planning director, and upon its receipt the director shall schedule a conference between the prospective applicant and appropriate city staff. The purpose of a preapplication conference is for the prospective applicant and city staff to gain a common understanding of the nature of the contemplated subdivision and subsequent development, and any procedures, rules, standards and policies which may apply. The prospective applicant is encouraged to bring to the conference whatever information deemed appropriate to help describe the existing nature of the site and its surroundings and the proposed nature of the contemplated subdivision and subsequent development. Such information may include photographs, sketches and maps. The director or the prospective applicant may request that an additional conference or conferences be held to further the purpose of this section. (Ord. 6239 § 1, 2009; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.06.010.)
17.10.020 Application, submittal and contents.
A. Application. In addition to the requirements for a completed application as provided in ACC Title 14, an application for subdivision approval shall include:
1. Application requirements found in ACC 17.02.065;
2. A preliminary plat meeting the requirements of RCW 58.17.160 for a preliminary subdivision;
3. A neighborhood circulation plan meeting the requirements of Chapter 17.16 ACC;
4. Where any lot is proposed to be served by an on-site sewage disposal system, results of preliminary percolation tests for each such proposed lot, conducted under the county department of health rules and regulations;
5. A conceptual utility/site grading plan and/or methodology prepared in accordance with the city’s comprehensive plans, standards or ordinance requirements. The conceptual utility/site grading plan shall include adequate horizontal and vertical information to ensure that utilities can be constructed consistent with the preliminary plat layout;
6. The location of other utilities other than those provided by the city;
7. The application shall include a transportation site plan for streets, pedestrian, and bike facilities. The site plan shall include adequate horizontal and vertical information to ensure the transportation facilities can be constructed consistent with the preliminary plat layout;
8. A title report, with liability for errors not to exceed the assessed value of the lots on the date of application. The title report shall be issued no more than 30 days prior to the application date;
9. Copy of restrictions, if any, to be imposed upon the use of the land. Such restrictions must be recorded simultaneously with the subdivision.
B. Preparation. The preliminary plat or short plat shall be prepared by a professional engineer or professional land surveyor registered or licensed by the state of Washington. The preparer shall, by placing his or her signature and stamp upon the face of the plat, certify that all information is portrayed accurately and that the proposed subdivision or short subdivision complies with the standards and requirements of this title, the Auburn zoning ordinance and any other applicable land use and development controls.
C. Scale and Format. The preliminary plat shall be drawn with reproducible black ink on Mylar. All geographic information portrayed by the preliminary plat shall be accurate, legible, and drawn to an engineering (decimal) scale.
D. Preliminary Plat Contents. A preliminary plat shall provide the following information:
1. General Information. The following information shall appear on each sheet of a preliminary plat or short plat:
a. The name of the proposed subdivision, together with the words “preliminary plat”;
b. The name and address of the applicant;
c. The name, address, stamp and signature of the professional engineer or professional land surveyor who prepared the preliminary plat or short plat;
d. Numeric scale, graphic scale, true north point and date of preparation;
e. A form for the endorsement of the planning director, as follows:
APPROVED BY RESOLUTION _____ OF THE CITY COUNCIL ON (Date) ________
_________________________________
Director, Planning and Development Dept.
________
Date
f. Legal description of preliminary plat.
2. Existing Geographic Features. Existing geographic features, as detailed in city application requirements, shall be drawn lightly in relation to proposed geographic features.
3. Proposed Geographic Features. Proposed geographic features, as detailed in city application requirements, shall be shown.
4. Additional Information. The following additional information shall be shown on the face of the preliminary plat:
a. For proposed subdivisions involving residential land uses, a table providing the following information for each distinct residential area:
i. Proposed land use (e.g., single-family, duplex, multifamily);
ii. Number of dwelling units;
iii. Gross acreage;
iv. Existing zoning designation;
v. Proposed zoning designation;
vi. Approximate area of smallest lot;
b. Proposed source of domestic water supply;
c. Proposed sewage disposal system;
d. Typical street cross section(s);
e. Proposed storm drainage system;
f. For preliminary plats that are related to a planned unit development (PUD), the following information shall also be provided:
i. The ordinance and contract of the PUD rezone if previously done;
ii. The location of perimeter walls and fences on the boundary of the PUD and an indication of the height and materials;
iii. The location and size of any entrance signs;
iv. A landscaping plan;
v. Any covenants not previously approved. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009; Ord. 5170 § 1, 1998; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.06.020)
17.10.030 Review process.
A preliminary plat shall be reviewed in accordance with ACC Title 14 as a Type III decision. (Ord. 6239 § 1, 2009; Ord. 5811 § 6, 2003; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.06.030.)
17.10.040 Administrative review.
A. The director shall transmit copies of the proposed preliminary plat to the city engineer, together with copies of any appropriate accompanying documents. The city engineer shall review the preliminary plat as to the adequacy of the proposed means of sewage disposal and water supply; the conformance of the proposal to any plans, policies or regulations pertaining to streets, utilities; and regarding any other issues related to the interests and responsibilities of the city engineer and the department of public works.
B. The director shall solicit the comments of any other appropriate city department, local utility provider, local school district, and any other appropriate public or private entity concerning the proposed subdivision. Comments received in a timely manner, as well as any written comments received in response to a notice of public hearing, shall either be transmitted to the hearing examiner or incorporated into a report prepared by the director and submitted to the hearing examiner, prior to the scheduled public hearing.
C. The director shall ensure that, to the extent possible, the preliminary plat will be processed simultaneously with other approvals related to the subject property. (Ord. 6239 § 1, 2009; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.06.040)
17.10.050 Hearing examiner review of preliminary plats.
A. Pursuant to the provisions of Chapter 18.66 ACC, the hearing examiner shall within 10 calendar days of the closure of the public hearing approve, deny, or approve with conditions the preliminary plat. The hearing examiner shall not recommend approval of the preliminary plat unless he finds the proposed subdivision is in conformance with the findings of fact as outlined in ACC 17.10.070.
B. Pursuant to the provisions of ACC 18.66.150, the planning director or any interested party affected by the recommendation of the examiner who asserts that the hearing examiner based that recommendation on an erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for review by the examiner within seven calendar days after the written decision of the examiner has been rendered. The request for reconsideration shall set forth the specific errors relied upon by such appellant, and the examiner may, after review of the record, take further action as the examiner deems proper. The examiner may request further information which shall be provided within 10 calendar days of the examiner’s request. The examiner’s written decision on the request for consideration shall be transmitted to all parties of record within 10 calendar days of receipt of the request for reconsideration or receipt of the additional information requested, whichever is later. (Ord. 6239 § 1, 2009; Ord. 6186 § 4, 2008; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.06.050.)
17.10.070 Findings of fact.
Preliminary plats shall only be approved if findings of fact are drawn to support 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 schools;
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 council;
D. Conformance of the proposed subdivision to the general purposes of this title, as enumerated in ACC 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 previously approved PUD;
F. The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment;
G. Adequate provisions are made so the preliminary plat will prevent or abate public nuisances. (Ord. 6239 § 1, 2009; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4772 § 1, 1995; Ord. 4296 § 2, 1988. Formerly 17.06.070)
17.10.080 Notice of decision to applicant.
Following the decision of the hearing examiner approving or rejecting a preliminary plat, the director shall notify the applicant of the decision. The notice shall be accompanied by a copy of the decision. If the decision is for approval or approval with conditions, the notice shall advise the applicant to prepare an improvement method report, as described by Chapter 17.14 ACC, and shall inform the applicant regarding the applicable time limitations on final plat submittal. This notice of decision is in addition to any notice of decision required under ACC Title 14. (Ord. 6239 § 1, 2009; Ord. 6186 § 5, 2008; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.06.080.)
17.10.090 Transfer of property.
If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract or parcel of land, following preliminary plat approval but prior to final plat approval, is expressly conditioned on the recording of the final plat containing the lot, tract or parcel under this chapter, the offer or agreement does not violate any provision of this chapter. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. (Ord. 6239 § 1, 2009; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.06.090.)
17.10.100 Adjustments of an approved preliminary plat.
A. Minor Adjustments. Minor adjustments may be made and approved by the planning director. Minor adjustments are those which may affect the precise dimensions of the plat but which do not affect the basic character or arrangement of the lots and streets. Such dimensional requirements shall not vary more than 10 percent from the original. The adjustments cannot be inconsistent with the requirements of the preliminary plat approval. The adjustments cannot cause the subdivision to be in violation of this title, the zoning ordinance, any other applicable city land use control, Chapter 58.17 RCW, or any other applicable state law or regulation. Minor adjustments shall be reviewed for consistency with this chapter and the regulations of this title, as well as the following criteria:
1. The adjustment maintains the design intent or purpose of the original approval; and
2. The adjustment maintains the quality of design or product established by the original approval; and
3. The adjustment does not cause a significant environmental or land use impact on or beyond the site; and
4. The adjustment is not precluded by the terms of this title or by state law from being decided administratively; and
5. Circumstances render it impractical, unfeasible or detrimental to the public interest to accomplish the subject condition or requirement of preliminary plat or short plat approval.
B. Major Adjustments. Major adjustments are those that, when determined by the planning director, substantially change the basic design, layout, open space or other requirements of the plat. When the planning director determines a change constitutes a major adjustment, a new application for a preliminary plat is required and shall be processed as a new and separate application. (Ord. 6239 § 1, 2009; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.06.100.)
17.10.110 Time limitations.
A. Preliminary approvals for subdivisions shall be valid for a period of five years following the date of the notice of final decision; provided, that for any notice of final decision in effect on June 10, 2010, through December 31, 2014, the approvals shall be for a period of seven years following the date of the notice.
B. Extensions. The director or designee may administratively authorize through a Type I land use action extensions to preliminary plat approvals. For purposes of this section, the authority to issue extensions shall apply to preliminary plat approvals previously issued by the city. Extensions shall be issued in one-year increments up to a maximum of three years, subject to the following criteria and conditions:
1. An applicant for an extension shall make a written request for the extension a minimum of 30 calendar days prior to expiration of the preliminary plat approval.
2. The director or designee shall in consideration of granting an extension find:
a. There have not been any substantial changes in the laws governing the development of the plat, with which lack of compliance would be contrary to the public health, safety and welfare; or
b. The applicant has pursued final platting diligently, as evidenced by progress on final surveying, engineering, construction or the financial security of improvements; or
c. There have been substantial changes in economic conditions and market forces that have substantively limited the ability of the applicant to pursue final platting.
3. A condition of any extension approval shall be that the subdivision shall comply with state or federal mandates required of the city and/or life, health and safety requirements of the city in effect at the time of any extension approval.
C. At the same time the director or designee is considering the extension, he or she may add conditions or requirements upon factual determination that the addition of conditions or requirements will benefit the public health, safety and welfare.
D. A plat granted preliminary approval, but not filed for final plat approval within the applicable time period or extended time period, shall be null and void. (Ord. 6317 § 3, 2010; Ord. 6239 § 1, 2009; Ord. 6186 § 6, 2008; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.06.110.)
17.10.120 Development standards for panhandle lot access and private access tracts.
A. Panhandle Lot Access.
1. The maximum length of a panhandle lot access within the R-5, R-7, R-10, R-16, R-20, and RO zones and residential PUDs shall be 150 feet. When there are unique physical limitations of the property including but not limited to steep slopes, significant vegetation, or sensitive environmental areas that would be impacted less if a longer panhandle length were provided, then the planning director may allow additional length. The planning director may also allow for additional length if there is an existing intervening parcel of the property (that has a lot depth greater than 150 feet) between the proposed panhandle lot and the abutting street. There shall be no limitation of length within the other zoning districts of the city.
2. All residential and nonresidential panhandle accesses shall meet the standards of the city of Auburn engineering, design and construction standards manual.
3. If two panhandle accesses within the same plat abut each other, then one common paved driveway, spanning both panhandles, may be provided as part of the two panhandles. The pavement width of the driveway shall be determined using the same methodology as subsection (A)(2) of this section.
4. Not more than two panhandle accesses within the same plat may abut each other. Alternatively, a separate access tract shall be required in lieu of more than two separate panhandle accesses. The separate access tract shall meet the requirements of subsection B of this section.
B. Private Access Tracts and/or Easements.
1. Private access tracts and/or easements will be allowed when it is physically impractical to provide a lot with direct access to a public street due to unique physical limitations of the property, including but not limited to steep slopes, significant vegetation, or sensitive environmental areas. If the lot abuts an arterial, an access tract may also be allowed to provide an alternate access to the lot if it is impractical to provide for another public street due to the aforementioned physical limitations. The use of access tracts cannot preclude or hinder the alignment of future public streets that would otherwise serve the area.
2. Access tracts can only be created through a plat process pursuant to Chapter 17.09 ACC and this chapter. Ownership and maintenance responsibilities will also be determined as part of the plat process.
3. The maximum number of lots to be served by one access tract shall be six. If a lot abuts an access tract and a public street, then the front lot line shall be oriented to the public.
4. All access tracts and/or easements must connect to a public street and the maximum length shall be 150 feet as measured from the edge of the public street right-of-way. Additional length may be allowed if the unique physical limitations of the property including but not limited to steep slopes, significant vegetation, or sensitive environmental areas would be impacted less if additional length were provided. The access tract shall not allow for through vehicle access.
5. Private access tracts and/or easements shall meet city of Auburn design and construction standards.
C. Emergency Access Provisions. Irrespective of the requirements of this section, additional provisions may be required if needed to provide for adequate emergency access as determined by the Auburn fire marshal. The additional provisions may include but not be limited to providing for turnarounds, additional access tract width, fire hydrants or sprinklering of the building. (Ord. 6239 § 1, 2009.)