HomeMy WebLinkAbout11-28-2006 SpecialCITY OF
WAS H I I~ G ^I'O N
CALL TO ORDER
CITY COUNCIL
SPECIAL MEETING MINUTES
NOVEMBER 28, 2006 5:00 PM
A. Flag Salute
Mayor Lewis called the meeting to order at 5:00 p.m. and led those
in attendance in the Pledge of Allegiance.
B. Roll Call
Mayor Lewis and the following Councilmember were present: Rich
Wagner, Sue Singer, Gene Cerino, Nancy Backus, Bill Peloza,
Roger Thordarson, and Lynn Norman.
Staff members present included: Planner Stacey Borland;
Environmental Protection Manager Aaron Nix; Public Works
Director Dennis Dowdy; Planning, Building and Community Director
Michael Davolio; City Attorney Daniel B. Heid; Senior Planner Jeff
Dixon; Development Services Coordinator Steven Pitcher; and City
Clerk Danielle Daskam.
CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Closed Record Hearing
The following is a closed record hearing where any public
testimony must be strictly limited to the issues involving the
proposals and must also be limited to comments "on the record".
No new or additional evidence may be allowed.
1. Application Numbers PLT06-0005
03.5 PLT06-0005
The request of ESM Consultir
preliminary plat approval of a 1;
approximate 3.47 acre site located
SE, Auburn.
~ Engineers LLC for
lot subdivision of an
at 31808 116t" Avenue
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City of Auburn Council Special Meeting Minutes November 28, 2006
Planner Stacey Borland presented the staff report for
Application Number PLT06-0005, the Spencer Place
Preliminary Plat. She displayed Exhibit 9 and Exhibit 17, the
original and revised Spencer Place Preliminary Plat map.
The plat consists of an L-shaped piece of property. The
property was annexed into the City earlier this year, and was
initially zoned as LHR1, Single Family Residential. The
property was subsequently rezoned to LHR2, Single Family
Residential. A boundary line adjustment has been
processed to separate the plat from the church property at
31720 116t" Avenue SE.
Following the Hearing Examiner's initial decision, requests
for reconsideration were filed from the City and the applicant.
In response, the Hearing Examiner issued a revised decision
recommending approval of the preliminary plat 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. Condition 1 relates to
the wetland buffer access via a ten foot access easement on
Lot 7 for access to Tract C.
Staff recommends that Council affirm the Hearing Examiner
decision with a modified Condition 1 to remove the
requirement to petition the Examiner for access and to
remove the requirement with regard to the annual inspection
limit.
Councilmember Wagner inquired whether there will be a
homeowners association formed that will maintain the
access tract. Ms. Borland advised that no homeowners
association will be formed. Ms. Borland also advised that
the access easement will provide a dual purpose-to provide
access and a utility easement.
Councilmember Peloza noted that the recitals for proposed
Reso-ution 4110 will need to be modified to reflect the closed
record hearing date.
Councilmember Peloza questioned Exhibit 11, the Critical
Areas Assessment and Delineation by Chad Armour LLC.
Environmental Protection Manager Aaron Nix responded
regarding the condition of the soils and adjacent wetlands.
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City of Auburn Council Special Meeting Minutes November 28, 2006
No compensatory mitigation is required due to the provision
of a wetland buffer.
Councilmember Singer inquired regarding the required level
of access by staff to Tract C. Planner Borland indicated that
no large pieces of equipment will be traversed through the
access.
In response to a question from Councilmember Thordarson,
Director Dowdy indicated that a paved (all weather surface)
access tract meeting City standards for the purpose of
accessing a utility easement (Tract B) is required for access
to water service. Councilmember Thordarson suggested an
alternative surface, such as pavers, that would allow grass to
grow, but still serve as an all weather access surface.
Councilmember Cerino expressed concern with the ten foot
wide access easement to Tract C. Planner Borland stated
that the easement is a placeholder to allow access to the
wetland buffer area.
Councilmember Wagner noted that Lots 9, 10, 11, 12 and 13
will benefit from Tract B and suggested that the plat include
an additional condition to provide for the maintenance of
Tract B by the benefiting property owners. City Attorney
Heid stated that covenants and conditions could be
developed which would impose the duty to maintain and
trigger an enforcement right on the part of the City.
In response to a question from Councilmember Peloza,
Director Dowdy advised that all city streets would be
developed to city street standards, including street lights.
Councilmember Wagner inquired whether the new
arrangement for Tract B could be considered new
information and inappropriate for the closed record hearing.
Planner Borland stated that although the configuration of
Tract B is different, there was discussion at the Hearing
Examiner meeting regarding revising Tract 6 on Exhibit 9,
and there was information provided to the Hearing Examiner
that a revised version would be prepared. The revised
version, presented this evening to the Council, is consistent
with that described to the Hearing Examiner. City Attorney
Heid indicated that if the revised Exhibit 9, now Exhibit 17,
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City of Auburn Council Special Meeting Minutes November 28, 2006
was adequately described to the Hearing Examiner, the
revision is not considered new information.
Mayor Lewis opened the closed record hearing at 5:38.
Matt Cyr, ESM Consulting Engineers, 33915 1St Way S, Ste
300, Federal Way
Mr. Cyr spoke in support of the preliminary plat for Spencer
Place. He expressed concern and disagreed with the staff
recommendation regarding the access easement to access
Tract C. Tract C is a 25-foot sensitive area buffer for a
wetland located in King County. The applicant would instead
like to access the wetland from a different route through Lea
Hill Village Division 1 via an existing open space tract.
Access from the other side (through Lea Hill Village) would
replace the requirement for an access easement through Lot
7.
In response to questions from Councilmember Peloza,
Environmental Protection Manager Nix explained that
Wetland "A" is a Class IV wetland, and according to the
City's critical areas ordinance, requires a 25 foot buffer or
protection piece. Access to the site would be minimal.
Councilmember Singer suggested a contingency that the
access easement across Lot 7 would extinguish upon
annexation and an alternate access being provided to the
satisfaction of the Public Works Director.
There being no further comment, Mayor Lewis closed the
hearing at 5:44 p.m.
Councilmember Norman moved and Councilmember Backus
seconded to approve Resolution No. 4110 and affirm the
Hearing Examiner's decision, modifying Condition 1 and
adding Conditions 16 and 17 as follows:
Condition No. 1: 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
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City of Auburn Council Special Meeting Minutes November 28, 2006
easement shall allow the City
and ensure that the long-term
the buffer area is maintained.
access to Tract C to inspect
preservation and protection of
Condition No. 16: The Developer shall provide in the
platting process a restrictive covenant applying to lots 9, 10,
11, 12, and 13 that shall obligate the owners of those lots to
maintain the paved surface of Tract B and the enforcement
rights for such obligation shall be a right granted to the City.
It is provided, however, that if the Developer includes on the
face of the plat or in the restrictive covenants a statement
that there shall be no access to or utilities serving lots 9
and/or 13, from Tract B, then such lot(s) would not need to
be included in the above restrictive covenant.
Condition No. 17: The easement to Tract C across Lot 7
shall be included in the plat and shall not expire unless it is
replaced by an alternate easement acceptable to the City.
MOTION CARRIED UNANIMOUSLY. 7-0.
III. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 5:50 p.m.
ROVED THEE DAY OF DECEMBER 2006.
eter B. Lewis, Mayor
Dan' Ile Daskam, City Clerk
City Council agendas and minutes are available to the public at the Cify Clerk's
Office, on the City website, and via e-mail. Complete agenda packets are
available for review at the City Clerk's Office.
Internet: http://www.auburnwa.gov
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