The URL can be used to link to this page

Home My WebLink AboutITEM II-A-1 OJ( AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4110 "Spencer Place Preliminary Plat," Date: Application No. PL T06-0005. November 20, 2006 Department: Planning, Building, I Attachments: Resolution No. 4110, for Budget Impact: N/A and Community remaining items please refer to Exhibit List Administrative Recommendation: City Council to conduct a closed record hearing and modify Condition 1 of the Hearina Examiner's recommendation. Background Summary: On September 19, 2006 the Hearing Examiner held a public hearing on a proposed 13 lot preliminary plat called "Spencer Place". The subject property was annexed into the City of Auburn January 17, 2006. On October 2, 2006, the Hearing Examiner issued a decision recommending to City Council approval of the preliminary plat request subject to sixteen (16) conditions. Pursuant to Auburn City Code (ACC) section 18.66.150 a request for reconsideration of the Examiner's recommendation was filed by the City with regard to four (4) recommended conditions of approval. The applicant also submitted a request for reconsideration, in response to the City's request. On October 23, 2006, the Hearing Examiner issued a joint response to the requests for reconsideration and a revised decision recommending approval of the preliminary plat request subject to fifteen (15) conditions. Conditions #4 and #13 were revised, condition #15 was deleted, and condition #1 must be reviewed and decided upon by the City Council. The following are excerpts from the Examiner's response to the request for reconsideration that address recommended Condition #1: "The issue before the City Council is whether City access to wetland buffer tracts is an essential component of a dedicated wetland buffer. This is a policy decision that is best left up to the Council. The Hearing Examiner, after considering the perspective of the Applicant and that of the City, continues to recommend that an access easement be required; that the City be limited to an annual inspection; and that the City petition the Hearing Examiner if greater access is needed. The existing City ordinances do not provide guidance on this issue. The City Council may wish to revise this condition, which would provide guidance to the Hearing Examiner for review of applications in the future if he has erred in the current recommendation. Reviewed by Council & Committees: Reviewed by Departments & Divisions: o Arts Commission COUNCIL COMMITTEES: [gJ Building o M&O o Airport D Finance D Cemetery o Mayor ~ Hearing Examiner o Municipal Servo o Finance ~ Parks o Human Services o Planning & CD [gJ Fire [gJ Planning D Park Board OPublic Works D Legal o Police o Planning Comm. o Other [gJ Public Works o Human Resources Action: Committee Approval: DYes ONo Council Approval: DYes ONo Call for Public Hearing _1---1_ Referred to Until _1_1- Tabled Until _1_1- Councilmember: Norman I Staff: Davolio Meeting Date: November 28, 2006 I Item Number: 1I.A.1 AUBURN * MORE THAN YOU IMAGINED Agenda Subject: Resolution No. 4110 "Spencer Place Preliminary Plat," Application No. PL T06-0005 Date: November 28, 2006 The City and the Applicant are in conflict concerning Condition 1 and access to Tract C. The Hearing Examiner's recommendation to the City Council is to adopt the language of the initial decision, as attached. The Hearing Examiner made his best effort to attempt to accommodate the concerns of both the Applicant and the City by drafting the condition as recommended. However, the Hearing Examiner did this without guidance from city ordinances as none is provided in them. The Council may choose to revise the Hearing Examiner's recommendation following a review of the issue involving access to Tract C. If it chooses to do so, the Hearing Examiner will follow the Council's guidance when reviewing future applications." To allow the opportunity for the City Council to address issues of City access to Tract C and, if desired, modify the Hearing Examiner's recommended Condition #1 City Code requires that a closed record hearing be held. The case was placed on the agenda of the regular City Council meeting on Monday, November 6, 2006. At that meeting, the City Council decided to conduct a closed record hearing on the plat request. In accordance with ACC 18.66.180, "Upon (conducting) its own closed record hearing, the City Council may affirm, reject or modify the Hearing Examiner's recommendation or take whatever, action it deems appropriate pursuant to law." Resolution No. 4110, if adopted, would affirm the recommendation of the Hearing Examiner. Staff recommends the Council affirm the recommendation of the Examiner but modify Condition 1, as follows: 4.,. Prior to commencement of grading activities, the buffer for wetland A (Tract C) shall be staked, flagged, silt fencing installed, and signage placed on-site by the applicant. Wetland sign content and location shall be approved by the City of Auburn Director of Planning, Building, and Community. The Applicant shall dedicate to the City a ten foot wide access easement on lot 7 to Tract C. The easement shall allow the City access to Tract C once a year to inspect and ensure that the long-term preservation and protection of the buffer area is maintained. The City may petition the Hearing Examiner for access to Tract C if addition31 maintenance or repair is required and shall be permitted if good cause is shown. The revised condition was submitted to the Examiner as part of the City's Request for Reconsideration. Per Auburn City Code (ACC) Section 16.10.090. E.1.f, long term protection of a wetland buffer shall be achieved through a permanent protective mechanism acceptable to the City; this is typically in the form of a tract dedicated to the City. In this proposed plat Tract C is to be dedicated to the City. Tract C is not connected to any public right-of-way, therefore an easement is necessary for the City to access the tract. Requiring the City to petition the Hearing Examiner for access to Tract C if additional maintenance or repair is required places an undue burden on the City's ability to conduct business in a timely manner and precludes access to city owned property. Additionally, since the September 19, 2006 public hearing, the applicant has revised the eastern portion of the plat to accommodate a larger Tract B in accordance with discussion at the public hearing and the Examiner's recommended condition #4. Staff has reviewed the revised plat layout which is included as Exhibit #17 and has no additional concerns. Page 2 of 3 Date: November 28, 2006 Agenda Subject: Resolution No. 4110 "Spencer Place Preliminary Plat," Application No. PL T06-0005 List of Exhibits Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Exhibit 14 Exhibit 15 Exhibit 16 Exhibit 17 Notice of Application and Vicinity Map, dated 7-31-06** Notice of Public Hearing** Affidavit of Posting** Affidavit of Mailing** Confirmation of Publication of Legal Notice** Aerial Photograph Final Determination of Non-Sianificance, dated 8-23-06** Master Land Use Application, dated 6-16-06 Spencer Place Preliminary Plat Map (Sheet 1 of 3) Spencer Place Preliminarv Gradina and Utility Plan (Sheet 2 of 3) Spencer Place Existina Conditions (Sheet 3 of 3), ESM Consulting Engineers LLC, received 8-3-06 ** Topographical Site Survey, Cascade Land Surveying, dated 6-13-06** Critical Areas Assessment and Delineation, Chad Armour, LLC, dated 6-13-06 Spencer Place Preliminary Plat Preliminarv Level One Downstream Analysis, ESM Consulting Engineers LLC, dated 6-16-06** Agenda Bill Approval Form (staff report), dated 9-13-06 Proposed revised condition #5, submitted by Applicant's representative at public hearing, dated 9-19-06 Hearing Examiner Response to Request for Reconsideration for Spencer Place, dated 10-23-06 Hearing Examiner Revised Decision, dated 10-20-06, signed 10-23-06 Revised Spencer Place Preliminary Plat Map (Sheet 1 of 3) Revised Spencer Place Preliminary Gradina and Utility Plan (Sheet 2 of 3) Revised Spencer Place Existina Conditions (Sheet 3 of 3), ESM Consulting Engineers LLC, received 10-30-06 ** = Exhibit is not included in the packet but is available for review upon request. Page 3 of 3