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431 <br /> October 28,1987 <br /> jr <br /> 24. The final site plan be consistent with the site plan <br /> displayed and described to Council at this hearing which <br /> includes 25 foot setbacks on the north and south boundary <br /> lines and a 15 foot setback on the east boundary line. <br /> 25. Fencing,berming and dense evergreen buffer around the North, <br /> South and seat boundary of the site except in those areas <br /> where the preservation of existing tree cover and wetland <br /> protection dictates that au.a buffer not be provided and <br /> those areas where it is not provided will be at the <br /> determination of the City staff. Otherwise it will be <br /> provided along the entire north,south and east boundary. <br /> 26. Save as much of the natural vegetation as possible on the <br /> site eepecially respecting the evergreen tree cover and will 1 <br /> defer to staff as to which of those vegetation areas need to <br /> be preserved. <br /> 27. provide ,mtland enhancement to diversify and increase the <br /> habitat value as allowed by the resource agencies with 1! <br /> jurisdiction over such wetland areas. <br /> 28. Provide and record a covenant Co the property guaranteeing <br /> maintenance of oil and water separators with provisiona for <br /> the right of City enforcement of those binding on the owner, <br /> Metco,and all future heirs,successors and asaigns. <br /> 29. Zr=d860tPaffg:::=Pfrejr:t:IrleCOL:=171:Int= <br /> the benefit of an LID. <br /> 30. ReCiard a L.I.D.or E.T.D.non-protest agreement binding Eetco <br /> and all future owners,successors and assigns to not protest <br /> the formation of any local improvement district for the <br /> improvements to 19th Avenue SE elect forth in the staff <br /> recommendation. <br /> 31. Provide written certification from the Corps of Engineers <br /> that no permit is required under the 404 regulation before <br /> building permit issuance provided that the Corps does not <br /> require that permit for any enhancement program approved by <br /> any other resource agencies. <br /> Roll was called on the amendment with all councilmembers voting yes <br /> except Councilmember Gipson who was excused. <br /> • <br /> notion carried. <br /> Vice President Morrow asked aim Iles,Assistant City Attorney, to <br /> review the legal possibilities. Mr. Iles stated that with the <br /> zoning on the site,the testimony tonight and the willingness of the <br /> devloper to mitigate any conceit would aPPeer from a leg. <br /> stanedpoint that the alternatirn.,ves available to Council are either to <br /> confirm the Determination of Non-Significance or make additional <br /> findings and based on those findings revise the DES. <br />