HomeMy WebLinkAboutAgenda ModificationWASHINGTON
TO: Members of the City Council
Mayor Lewis
Department Directors
FROM: Dani Daskam, City Clerk
SUBJECT: February 1, 2010 Agenda Modification
DATE: February 1, 2010
The February 1, 2010, City Council meeting agenda published on Friday,
January 29, 2010, is modified as follows:
VIII. ORDINANCES AND RESOLUTIONS
A. Ordinances
The agenda modification transmits revised Ordinance No. 6287
and revised Resolution No. 4565.
2. Ordinance No. 6287* (Backus/Heineman)
03A
An Ordinance of the City Council of the City: of Auburn,
Washington, amending Chapter 2.25 of the Auburn City
Code relating to the Planning and Community Development
Department
B. Resolutions
4. Resolution No. 4565* (Norman/Snyder)
03.5 PLT06-0008
A Resolution of the City Council of the City of Auburn,
Washington, approving a preliminary plat application to
subdivide 10 acres into 30 lots and three tracts for wetlands
and buffers, open space, and utilities with three deviation
requests and one plat modification within the City of Auburn,
Washington
ORDINANCE NO. 6 2 8 7
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
CHAPTER 2.25 OF THE AUBURN CITY CODE
RELATING TO THE PLANNING AND COMMUNITY
DEVELOPMENT DEPARTMENT
WHEREAS, the City of Auburn has a number of different departments
under the Mayor's supervision and management; and
WHEREAS, in keeping with the Mayor's responsibilities for the
coordination of the activities and functions of the various city departments, it is
appropriate to rename the Planning and Community Development Department to
the Planning and Development Department, consistent with his management and
use of the department.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to Citv Code. That Chapter 2.25 of the
Auburn City Code be and the same hereby is amended to read as follows:
Chapter 2.25
PLANNING AND COMMUNITY-DEVELOPMENT DEPARTMENT
Sections:
2.25.010 Planning department created.
2.25.020 Duties of the director of planning and GeMMUaity
development.
2.25.030 Duties of planning and cernm nity-development department.
2.25.010 Planning department created.
There is created a planning department of the city, which shall be under
the supervision of the director of planning and sernrnuni#y-development. The
director of planning and GOMmunity evelopment shall be appointed by the
mayor. For the purposes hereon whenever the Auburn Citv Code refers to a
"Planninq Director " that shall be construed to mean and is con_sistent with the
terms "Planninq and Development Director." (Ord. 4729 § 1, 1996.)
Ordinance No. 6287
January 20, 2010
Page 1 of 4
2.25.020 Duties of the director of planning and esMFnuni#y-development.
The director of planning and seFRFRUnity -development will have the
following duties:
A. Supervise and administer the planning and esMrnUR+ty
development department, MUR+si{3al--a+rpsFt, whose duties include but are not
limited to long range and current planning, land use code administration,
development enqineering, code enforcement, buildinq services and
environmental management,-ontergoP°r~enta4-a#a*FG; ,"sU-s+Rg a^d human
. (Ord. 4729 § 2, 1996.)
2.25.030 Duties of planning and eE)MMunity-development department.
The planning and GOMmunoty development department shall supervise
and control the following:
A. Preparation and implementation of the budget for the department;
6. Formulate and recommend comprehensive goals on planning;
C. Ensure compliance with statutory requirements relative to
environmental issues;
D. Direct preparation and review of environmental impact statements
and technical reports and determine final action on environmental issues;
E. City's responsible official for SEPA compliance;
F. ;
6OGial ;
H.---Provide staff to planning commission, human resources committee,
, hearing examiner and planning and community
development committees;
IG. Coordinate with public works and parks and recreation department
to ensure departmental plans are compatible with the comprehensive plan;
J-H Coordinate with police, fire, public works and parks and recreation
department regarding developer plans to ensure department ability to provide
required services to developing areas;
K1. Represent city on regional issues;
U. Coordinate with other jurisdictions and agencies to resolve issues
with neighboring jurisdictions;
MK. Develop and maintain the comprehensive plan and special purpose
plans;
NL. Provide lead in annexation issues;
9M. Develop and maintain zoning ordinance;
R N. Act as liaison to Auburn Chamber of Commerce and Auburn
Downtown Association;
QO. Ensure compliance with the Growth Management Act;
RP. Oversee process for new developments;
SQ. Oversee variance requests;
TR. Provide support to hearing examiner;
Ordinance No. 6287
January 20, 2010
Page 2 of 4
U.
AubuFRAirpeFt. (QFd. ,
Section 2. Code Reviser. The Code Reviser is authorized to make
additional amendments as necessary to reflect this change and maintain
consistency throughout the City Code.
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 4. Severabilitv. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 5. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
Ordinance No. 6287
January 20, 2010
Page 3 of 4
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Ordinance No. 6287
January 20, 2010
Page4of4
Published:
RESOLUTION NO. 4 5 6 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING A PRELIMINARY
PLAT APPLICATION TO SUBDIVIDE 10 ACRES INTO 30
LOTS AND THREE TRACTS FOR WETLANDS AND
BUFFERS, OPEN SPACE, AND UTILITIES WITH THREE
DEVIATION REQUESTS AND ONE PLAT MODIFICATION,
WITHIN THE CITY OF AUBURN, WASHINGTON
WHEREAS, Application No. PLT06-0008, dated November 13, 2006, has been
submitted to the City of Auburn, Washington, by Roger B. Gillette, requesting approvai
of a preliminary plat application to subdivide 10 acres into 30 lots for future residential
development with three deviation requests and one plat modification, and three tracts
within the City of Auburn, Washington; and
WHEREAS, said request above was referred to the Hearing Examiner for study
and public hearing thereon; and
WHEREAS, following staff review, the Hearing Examiner conducted a public
hearing to consider said petition in the Council Chambers of the Auburn City Hall on
December 16, 2009, after which, on January 4, 2010, the Hearing Examiner made
Findings of Fact, Conclusions of Law and Recommendations in which the Hearing
Examiner recommended approval of the preliminary plat subject to conditions; and
WHEREAS, the City Council, at its meeting of February 1, 2010, considered and
affirmed the Hearing Examiner's recommendation for preliminary plat based upon said
Findings, Conclusions and Recommendations as amended.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON HEREBY RESOLVES as follows:
Resolution No. 4565
January 26, 2010
Page 1 of 10
IP,
Section 1. The Hearing Examiner's Findings, Conclusions and
Recommendations attached hereto as Exhibit "A" incorporated in this Resolution by this
reference, are hereby approved and adopted, except as noted herein below.
Section 2. The request for preliminary plat approval to subdivide 10 acres into
30 lots for future residential development, and open space, utility, and wetland tracts
within the City of Auburn, legally described in Exhibit "B" attached hereto and
incorporated herein by this reference, is hereby approved subject to the following
conditions:
GENERAL
1. Adequacy of infrastructure to the proposed subdivision is dependent upon
completion of infrastructure improvements upon three adjoining subdivisions
that are between preliminary and final plat approval. The adjoining
subdivisions are identified by preliminary plat approval as follows: Resolution
4021 for Kersey 3 Div. 1(PLT05-0001), Resolution 4024 for The Ridge At
Bowman Creek (PLT05-0002), and Resolution 4116 for Lakeland Hills
Estates (PLT05-0004). The subject application shall not be granted final plat
approval until the completion of the final plat approval of all three of the
adjoining subdivisions, and determination by the City Engineer that all
connecting infrastructure on the adjoining subdivisions has been completed
and accepted (to the extent acceptance is required) by the City, or an
alternative to completion and acceptance is provided that ensures adequate
infrastructure to serve the Forest Glen Plat to the satisfaction of the City
Engineer.
2. Plat boundary discrepancies as may arise shall be resolved to the satisfaction
of the City engineer prior to the submittal of the final plat documents. As used
in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary
or a physical appurtenance which indicates an encroachment, lines of
possession or a conflict of title. RCW 58.17.
3. A homeowners' association shall be established which clearly provides for
the ownership and continued maintenance of Open Space Tract 6,
Wetland/Critical Area Tract C, and Maintenance of landscaping within the
Utilities and Drainage Pond/Tract A.
Resolution No. 4565
January 26, 2010
Page 2 of 10
4. Nothing in these conditions shall preclude completion of infrastructure
improvements by others. Should required off-site improvements be
completed by othecs, the applicant will be responsible for paying any required
pro rata share of the costs as may be established and approved by the City,
ACC 13.40.060.
ROADS
5. Road facilities shall be provided consistent with the City of Auburn Design
Standards and the conceptual road system design layout per Exhibit 3. To
provide road access to the existing external road network substantial new
infrastructure improvements are required including the completion and
acceptance of the road infrastructure required to serve the Kersey 3 Division
1A, The Ridge At Bowman Creek, and Lakeland Hills Estates developments.
Final acceptance of these streets by the City will also require construction and
acceptance of all supporting and related infrastructure, such as storm water
facilities to collect storm runoff from streets.
6. The applicant shall construct all street improvements in compliance with
Auburn Design Standards, with the exception of the two deviations from
maximum vertical curve radius on the transition between Udall St. SE and
53rd St SE. and from maximum vertical grade on 54'h Street SE., as shown on
the approved preliminary plat if those deviation requests are supported by the
City Council.
7. Construction activities within the plat shall not commence until the connecting
streets have been constructed, dedicated, and accepted by the City,
PROVIDED, that if the applicant can demonstrate that it has secured access
rights for construction vehicles that the City Engineer determines is safe and
meets City standards, the applicant may proceed with construction of
infrastructure to the extent that corresponding road grades, water, sanitary
sewer, storm drainage, power, cable, and gas utility extensions on adjoining
lots have been completed to the satisfaction of the City Engineer.
8. Where retaining walls are used adjacent to public roads or within a public
facility, the applicant shall provide either mechanically stabilized earth or
cement concrete retaining walls, as determined as necessary and approved
by the City Engineer.
9. The apOicant shall design and construct traffic calming circles on 53`d St. SE
and 54t St. SE as shown on the preliminary plat.
10. Internal plat streets and utilities shall be extended to the adjoining property
(west) as depicted on the preliminary plat.
Resolution No. 4565
January 26, 2010
Page 3 of 10
SEWER
11. Sanitary sewer facilities shall be provided, constructed and accepted
consistent with the City of Auburn Design Standards and the conceptual
sanitary sewer system design layout. The applicant will connect the gravity
sewer system to the south end of the gravity sewer planned to be constructed
as part of the Lakeland Hills Estates and the Kersey 3 Division 1A
developments. .
12. The applicant shall grant the City additional easement area on Lot 9 to
provide a combined width of 30 feet across Tract A and Lot 9 as shown on
the preliminary plat maps.
WATER
13. Water facilities shall be provided consistent with the City of Auburn Design
Standards and the conceptual water system design layout per the preliminary
plat Exhibit 3. To provide adequate water storage and distribution for both
domestic water and fire flow, substantial new infrastructure improvements are
required including the completion and acceptance of the water infrastructure
required to serve the Kersey 3 Division 1A, the Ridge At Bowman Creek, and
Lakeland Hills Estates developments.
14. A deviation from the Design Standards is allowed, permitting construction of a
dead-end main at the terminus of Victoria Ave SE, if supported by the City
Council. Fire hydrant location shall be approved by VRFA and City Engineer.
15. A restriction shall be placed on the final plat stating: "The lowest floor
elevation, whether basement or first floor, for residential structures built on
Lots 7 through 12 is at or above elevation 352, in order to avoid high water
pressure which would require the installation of individual pressure reducing
valves."
GRADING, FILL AND STORM DRAINAGE
16. The geotechnical report and addendum report includes recommendations
which in part address foundations of homes on fill on Lots 7-10. The
placement of structural fill will require special inspection and completion of the
City's special inspection forms. Lots 7-10 may require an engineered
foundation design for footing placed on structural fill. If determined to be
necessary at the time of plat engineering approval, a note shall be included
on the face of the plat stating the restriction.
Resolution No. 4565
January 26, 2010
Page4of10
17. Storm drainage facilities shall incorporate high standards of design to
enhance the appearance of the site and serve as an amenity. The design of
above ground storage and conveyance facilities shall incorporate landscaping
utilizing native vegetation, minimal side slopes, safety, maintenance needs,
and function. Prior to engineering approval and construction, a landscaping
plan with applicable cross-sections shall be provided to demonstrate that
storm drainage pond aesthetic requirements consistent with City standards
can be accommodated on-site.
18. All storm drainage conveyance lines required to manage upstream bypass
surFace flows shall be routed through the project site and shall not be
combined with the proposed on-site storm drainage system.
19. The HOA shall maintain those portions of the Public Utilities and Detention
Tract A located outside the fenced pond boundary, or if no fence if provided,
outside the 10-year storm water surface elevation, as determined by the City
Engineer.
20. Given the steep slopes found on the site, appropriately designed energy
dissipation features are required at the end of long runs of pipe, at pipe
intersections and at the inlet/outlet to the storm drainage pond.
21. Storm drainage facilities shall be provided consistent with the City of Auburn
Design Standards and the conceptual storm drainage system design layout
per (Exhibit 3). In order to achieve this, the following design elements shall
be incorporated into the proposed design:
• Construct a 3' wide berm and security fence @ the 10-year water surface
elevation.
• Maintenance is required along the length of the bioswale.
• Geotechnical engineering recommendations.
• Install bollards at the pond access road.
• Meet minimum access turning radius requirements at all vehicular
accessible areas.
22. All residential downspout connections and footing drains shall be tightlined to
the nearest public drainage system and be placed within private drainage
easements.
23. Prior to issuance of clearing or grading permits, a grading plan for grading
and clearing necessary for both the construction of infrastructure such as
roads and utilities and for lot grading shall be prepared, submitted and
approved by the City of Auburn. The purpose of the plan is to accomplish the
maximum amount of griading at one time to limit or avoid the need for
subsequent grading and disturbance, including grading of individual lots
Resolution No. 4565
January 26, 2010
Page 5 of 10
during home construction. The plan shall identify the surveyed boundary of
the crest slopes for the site's 40% or greater slopes. This plan shall show
quantities and locations of excavations, and embankments, the design of
temporary storm drainage detention system, and methods of preventing
drainage, erosion and sedimentation from impacting adjacent properties,
natural and public storm drainage systems and other nearby sensitive areas.
Temporary detention facilities shall be designed with a 1.5 safety factor
applied to the post-developed calculated pond design volume for the 25-year
24-hour post developed storm event. All the measures shall be implemented
prior to beginning phased on-site filling, grading or construction activities.
The applicant's grading plans shall be prepared in conjunction with and
reviewed by a licensed geotechnical engineer. The geotechnical engineer
shall develop and submit, for the City's review, specific recommendations to
mitigate grading activities with particular attention to developing a plan to
minimize the extent and time soils are exposed on site and address grading
and related activities during wet weather periods (the period of greatest
concern is October 1 through March 31). The plans shall show the type and
the extent of geologic hazard area or any other critical areas as required in
Chapters 16, and 18 of the International Building Code (IBC). (Policy EN-69,
EN-70, ACP) and/or the City's Critical Areas Ordinance. Also see SEPA
Mitigations and Wetland conditions below, Conditions 29-33 and 36-37.
24. Upon completion of rough grading and excavation, the applicant shall have a
geo-technical engineer re-analyze the site and determine if new or additional
mitigation measures are necessary. A revised geotechnical report shall be
submitted to the City of Auburn for review and approval by the City Engineer.
Recommendations for areas where subsurFace water is known or discovered
shall be given particular attention by the geotechnical engineer and
coordinated with the project engineer responsible for the storm drainage
system design.
25. Any discharge of sediment laden runoff or other pollutant to waters of the
state is in violation of Chapter 90.48, Water Pollution Control, and WAC 173-
201A, Water Quality Standards for Surface Waters of the State of
Washington. All releases of oils, hydraulic fluids, fuels, other petroleum
products, paints, solvents, and other deleterious materials during construction
must be contained and removed in a manner that will prevent their discharge
to waters and soils of the state. The cleanup of spills should take precedence
over other work on the site.
26. Prior to commencing site clearing or grading activities, the applicant shall
submit a proposed dust control plan for review and approval. This plan shall
show methods of preventing dust from impacting adjacent properties, natural
and public storm drainage systems, and right-of-ways. Control measures shall
Resolution No. 4565
January 26, 2010
Page 6 of 10
be implemented prior to the beginning and in conjunction with on-site
clearing, filling, grading or other construction activities.
27. Truck Route -Prior to issuance of grading or other construction permits, the
applicant shall submit a haul route plan explaining: roads to be traveled on,
type of material to be hauled, total quantity of material to be hauled, totat
number of expected days of the haul, expected daily start and end time of the
haul, total number of trips, total number of expected trips per day estimated
start and completion date. A traffic control plan shall be submitted showing
intended methods and placement of traffic control and clearly showing the site
entrance used for hauling. Based on the haul route plan, the City Engineer
may condition hauling operations to mitigate impacts to streets. Such
measures may include road repair or reconstruction, limitations to days and
times of the haul, and installation of traffic control measures.
WETLANDS
28. The Category 4 Wetland and associated 25 foot wide buffer shall be
preserved in a separate critical areas tract, and shown as the final plat. Final
plat notes shall be recorded and include the following statement:
RESTR/CTIONS FOR CRITICAL AREA TRACTS AND BUFFERS
Restrictions of a Critical Area Tractl Critical Area and Buffer conveys to the
public a beneficial interest in the land within the fract/critica/ area and buffer.
This interest inc/udes the preservation of native vegetation for all purposes
that benefit the public health, safety and we/fare, including control of surface
water and erosion, maintenance of slope stability, and protection of plant and
animal habitat. The Critical Area Tractl Critical Area and Buffer imposes upon
a/l present and future owners and occupiers of fhe land subject to the Critical
Area Tractl Critical Area and Buffer the obligation, enforceab/e on beha/f of
the public by the City of Auburn, to leave undisturbed all trees and other
vegetation within the Critical Area Tractl Critical Area and Buffer. The
vegetation within the Critical Area Tractl Critical Area and Buffer may nof be
cuf, pruned, covered by fill, removed or damaged without approval in writing
from the City of Auburn, Department of P/anning, Building and Communify,
un/ess otherwise provided by law.
The common boundary between the Critical Area Tracb Critical Area and
Buffer and the area of development activity must be marked or otherwise
flagged to the satisfaction of the City of Auburn prior to any clearing, grading,
building construction or other development activity subject to the Critical Area
Tractl Critical Area and Buffer. The required marking or flagging shall remain
Resolution No. 4565
January 26, 2010
Page 7 of 10
in place unfil all development proposal activities in the vicinity of the Critical
Area and Buffer are completed.
No building foundations or other strucfures are allowed to be located within
fhe Critical Area and Buffer, nor shall any foundations or structures be located
adjacent to the Critica/ Area and Buffer such that normal maintenance of
buildings or structures would result in infrusion of the Critical Area and Buffer
29. A wetland hydrology analysis shall be prepared by a qualified professional to
assess whether or not the proposed storm drainage control system will result
in a no net loss of wetland hydrology, function and value. The wetland shall
be monitored over a 3 year period to determine if a net loss in wetland
hydrology, functions, and/or values has resulted. A monitoring schedule and
contingency plan for the wetland shall be submitted for review and approval
by the Planning Director prior to the commencement of any construction
activities.
30. Temporary Wetland Markers. The outer perimeter of the critical area buffer
and the limits of those areas to be disturbed shall be marked in the field in
such a way as to ensure that no unauthorized intrusion will occur, and verified
by PB&C Department prior to the commencement of authorized activities.
This temporary marking shall be maintained throughout construction, and
shall not be removed until permanent signs are in place.
31. Permanent Wetland Signs. The applicant shall install permanent signs along
the boundary of Wetland/Critical Area and Buffer Tract C. Permanent signs
shall be made of a metal face and attached to a metal post, anchored, or
other materials of equal durability approved by PB&C. Signs must be posted
at an interval of one per every 50 feet, and must be maintained by the
homeowner association in perpetuity.
32. Fencing: A permanent split rail fence shall be installed at the edge of the
wetland buffer to discourage human activities within the buffer area. Fence
design, including dimensions and materials shall be approved by the Director
of Planning, Building & Community.
LOT DIMENSIONS
33. A modification from ACC 17.12.250 is allowed, permitting a 75' width for the
two corner lots on Udall Ave SE, if supported by the City Council. All other
dimensions shall comply with the vested R-1 zone.
Resolution No. 4565
January 26, 2010
Page 8 of 10
HISTORIC
34. Site disturbing activities should be monitored by the Applicant to determine
the presence, if any, of archaeological resources within the proposed
subdivision site boundaries. Evidence of the presence of archaeological
resources shall be promptly reported to the City of Auburn.
SEPA
35. To assure slope stability at the time of site development, geotechnical
engineering is necessary. The applicant shall comply with the
recommendations contained in the Geotechnical Engineering Study dated
March 30, 2007 and Addendum dated April 4, 2008, prepared by Geotech
Consultants, Inc.; policy mandates of the Auburn Comprehensive Plan; and
Critical Areas Chapter, ACC 16.10 by having a licensed geotechnical
engineer sign and stamp civil plans for site development permits (including,
but not limited to grading, facility extension and building permits for retaining
walls).
All other recommendations contained in the Geotechnical Engineering Study
dated March 30, 2007 and Addendum dated April 4, 2008, prepared by
Geotech Consultants, Inc., which is on file in the Office of the City Clerk, and
is incorporated herein by reference shall be made conditions of project/permit
approvals for plat development. For example, a qualified geotechnical
representative shall be present during the site clearing and grading; and a
qualified geotechnical representative shall conduct frequent density tests as
structural fill is being placed and compacted.
36. To mitigate for aesthetic and wildlife impacts and support slope stability, due
to the removal of significant trees and creation of steep slopes, a revegetation
plan shall be prepared meeting the minimum "Best Management Practices"
per Washington State Department of Ecology guidance for planting native
vegetation on steep slopes. The plan shall be prepared by a plant biologist (or
other professional with equivalent degree) and geotechnical engineer.
Final revegetation of slopes graded to 40% (2.5:1 ratio) or greater shall
conform to the revegetation plan. Planting shall be completed prior to final
plat approval. A financial guarantee shall be posted for three years to assure
maintenance, survival and replacement of vegetation.
Section 3. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Resolution No. 4565
January 26, 2010
Page 9 of 10
~
Section 4. This Resolution shall take effect and be in full force upon passage
and signatures hereon.
Dated and Signed this day of , 2010.
CITY OF AUBURN
PETER B. LEWIS,
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPR VED S TO FO M:
D iel B. eid,
City Attorney
Resolution No. 4565
January 26, 2010
Page 10 of 10