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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 Page 1 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. Page 2 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, Page 3 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 Page 4 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 Page 5