Loading...
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