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HomeMy WebLinkAboutITEM II-A-1 & 2 AGENDA BILL APPROVAL FORM AQenda Subiect Date: Closed Record Hearing on Hearing Examiner Recommendation 4/21/2006 regarding City Council Remand of Application Nos. REZOS-0001, PUDOS-0001, PL TOS-0001; REZOS-0002, PUDOS-0002, PL TOS-0002 Department: Planning, Attachments: Please refer to Exhibit Budget Impact: Building and Community List Administrative Recommendation: City Council approve the Rezones, revised Planned Unit Developments, and revised Preliminary Plats, based upon the Findings of Facts, Conclusions and Conditions as outlined below. BackQround Summary: OWNER/APPLICANT: Wayne Jones, Lakeridge Development (Kersey III, Division 1) Dan and Stormy Hayes, Landholdings, LLC (Division 2) REQUEST: Application for a rezone from R1 ("Single Family Residential") to PUD ("Planned Unit Development"), PUD approval, and preliminary plat approval for 1) a 167 lot single family residential subdivision known as "Kersey III Division 1," and 2) a 201 lot single family residential subdivision known at "Kersey III Division 2." SIZE: Division 1: SO.8S acres; Division 2: 38.46 acres; total: 89.31 acres LOCATION: West side of Kersey Way at S3rd St. SE, extending approx. 660 feet south to the Auburn city limits (Pierce County line) and approx. 1320 feet west. EXISTING ZONING: R-1, Single Family Residential EXISTING LAND USE Vacant, forested site; BPA powerlines pass through site COMPREHENSIVE PLAN DESIGNATION: Single Family Residential SEPA STATUS: Draft Environmental Impact Statement (EIS) issued on July 1, 2004; Final EIS issued on February 11, 200S Reviewed by Council & Committees: Reviewed by Departments & Divisions: o Arts Commission COUNCIL COMMITTEES: 181 Building 181 M&O o Airport o Finance o Cemetery o Mayor o Hearing Examiner o Municipal Servo o Finance 181 Parks o Human Services o Planning & CD 181 Fire 181 Planning o Park Board OPublic Works o Legal 181 Police o Planning Comm. o Other 181 Public Works o Human Resources Action: Committee Approval: DYes ONo Council Approval: DYes ONo Call for Public Hearing -'~- Referred to Until -'~- Tabled Until -'-'- Councilmember: Norman I Staff: Krauss MeetinQ Date: April 2S, 2006 I Item Number: 11.A.1 & 2 AUBURN * MORE THAN YOU IMAGINED AQenda Subiect: REZ05-0001, PUD05-0001, PL T05-0001; REZ05- 0002, PUD05-0002; PL T05-0002 Date: 4/21/2006 The Comprehensive Plan designation, zoning designation and land uses of the site and surrounding properties are: Site Single Family R1, Single Family Vacant; BPA Residential Residential owerlines North Single Family R1, Single Family Vacant lands Residential Residential South Single Family Residential MSF Moderate Semi-rural homesites Density Single Family of 2.5 - 5 acres Pierce Count East Rural Residential RR Rural Residential Low density single famil residential West Single Family R1, Single Family Vacant (potential Residential Residential Kersey III Div. 3 PUD/ lat List of Exhibits Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 14 Exhibit 15 Exhibit 16 Exhibit 16A Exhibit 17 Exhibit 18 Exhibit 19 Exhibit 20 Exhibit 21 Exhibit 22 Exhibit 23 Exhibit 24 Exhibit 25 Exhibit 26 Exhibit 27 Exhibit 28 Page 2 of 15 Hearing Examiner Decision Vicinity Map City of Auburn Resolution No. 3947 Resubmittalletter of January 11, 2006 from Chris Ferko, Barghausen Engineers Revised Preliminarv Plat/PUD plans and supporting drawings, Barghausen Engineers, January 11, 2006 Comment/Response matrix prepared by Barghausen Engineers, received 1/11/2006 Architectural Renderings and Conceptual Building Design Guidelines Bonneville Power Administration (BPA) Land Use Agreement dated 8/30/05 Kersey III Divisions I and II Project Proposal, PowerPoint Presentation Slides Preliminary Landscape Plan - 3 sheets Correspondence from GMS Architectural Group, dated 2/22/06 Lot Coverage Drawings Correspondence from Segale Properties, dated 2/22/06 Statutory Warranty Deed - Tax Parcel 3221059039 Public Comment Letter: Perry and Trina Peters, dated 2/22/06 Public Comment Letter: Pat and Gene Davis, dated 10/15/05 Public Comment Letter: Pat and Gene Davis, dated 2/21/06 Correspondence from Muckleshoot Indian Tribe, dated 8/16/04 Public Comment Letter: Michelle Fassbind, dated 2/22/06 Public Comment Letter: John Chaffee, dated 2/22/06 Public Comment Letter: Erin and Paul Galeno, undated Public Comment Letter: Erin Galeno, dated 10/17/05 Public Comment Letter: Janet Koch, dated 2/22/06 "Where's the smoke...." Auburn Reporter, dated 2/15/06 Aaenda Subiect: REZ05-0001, PUD05-0001, PL T05-0001; REZ05- 0002, PUD05-0002; PL T05-0002 Date: 4/21/2006 Exhibit 29 Exhibit 30 Exhibit 31 Exhibit 32 Exhibit 33 Exhibit 34 Exhibit 35 Exhibit 36 Exhibit 36A Public Comment Letter with excerpts from Draft Environmental Impact Statement: Will and Jean Julum, Rod and Judy Johannsen, Eric Padilla, John and Cindy Flinchbaugh, Larry and Cathy Hansen, and Mark and Caterine Neubauer, undated Public Comment Letter with excerpts from Draft Environmental Impact Statement: Mike Bykonen, Eric Padilla, John and Cindy Flinchbaugh, Will and Jean Julum, Rod and Judy Johannsen, undated Public Comment Letter: Bruce Koch, dated 2/22/06 Public Comment Letter: Bill Anderson, dated 2/22/06 Public Comment Letter with excerpts from Draft Environmental Impact Statement: Stan Purdin, Kirk Anderson, Mike and MariLee Bykonen, Gary and Margaret Staples, undated Public Comment Letter: Gary and Margaret Staples, dated 2/21/06 Tax Assessor's Vicinity Map Applicant's Response to Public Hearing Comments, dated 3/3/06 Agency Comment Letter from Auburn School District, dated 3/2/06 FINDINGS OF FACT General 1. The applicants, Wayne Jones of Lakeridge Development and Dan and Stormy Hayes, Landholdings, Inc., have requested a change in zoning, approval of a Planned Unit Development (PUD), and preliminary plat approval for Kersey III Divisions 1 & 2. Kersey III Division 1 is a proposed 167 lot single-family residential subdivision of a 50.85 acre site located west of Kersey Way at approx. 53rd St. SE. Kersey III Division 2, is a proposed 201 lot single-family residential subdivision located on an adjacent 38.46 acre parcel abutting the western boundary of Division 1. Although owned separately, the two projects are being processed concurrently and have agreed to share common open space and recreational amenities, storm drainage facilities, and other road and utility improvements. 2. Division 1 lot sizes will average 4990 sq. ft. in size, with an average lot width of 50 ft. The smallest lot will be 4000 sq. ft. in area. Overall project density is 3.28 dwelling units per acre. Since the project is proposed as a PUD, smaller lot sizes than typical zoning standards are allowed. The minimum standards for lots within a single family density PUD are contained in ACC 18.69.070. 3. Division 2 lot size will average 4990 sq. ft. in area, with an average lot width of 40 ft. The smallest lot will be 4000 sq. ft. in area. Overall project density is 5.23 dwelling units per acre. 4. Collectively, the two projects consist of 368 dwelling units at an overall density of 4.12 units per acre. This density is consistent with the Comprehensive Plan designation of Single Family Residential (4-6 dwelling units per acre). 5. Both projects are proposed to be platted in two phases. Temporary cul-de-sacs and utility services would need to be provided to ensure that each phase can stand-alone pursuant to Auburn City Code (ACC) Section 18.69.110. 6. Per the mitigation measures of the Kersey III Final EIS, no homes may be constructed until Evergreen Way is extended from its current eastern terminus within Lakeland Hills east to Kersey Way at 53rd St. SE. The applicants have entered into an agreement with each other and the owner of property to the west (future Kersey III Division 3) regarding the construction of Evergreen Way and its future dedication to the City of Auburn as a public street. A traffic signal will be installed at the 53rd St. SE intersection and the eastern 53rd St. SE approach will need to be reconfigured to eliminate the current angular intersection. Page 3 of 15 Aaenda Subiect: REZ05-0001, PUD05-0001, PL T05-0001; REZ05- 0002, PUD05-0002; PL T05-0002 Date: 4/21/2006 7. All streets within the two projects will be developed to City of Auburn standards and dedicated as public streets. 8. Development of this area will also require the construction of a temporary sewage lift station to the north along Kersey Way. The exact location of this lift station is not known at this time, as other property owners to the north of the Kersey III projects are also discussing development plans. It will likely be located in the vicinity of 49th St. SE and Kersey Way. The station will be required to be appropriately sized to serve not only filed and proposed development applications, but also the entire drainage basin. When sanitary sewer lines are extended northward along Kersey Way to Oravetz Rd. at some point in the future, the lift station will be abandoned in favor of a gravity system. 9. City of Auburn water service will be provided by connecting to existing water lines within the Lakeland Hills development. Numerous improvements will need to be made to the water system, including the construction of a booster pump station at the Terrace View Townhomes project along the East Valley Highway. 10. The western 300 feet of the Division 1 site is encumbered by the Bonneville Power Administration's transmission lines and easements. This area will be developed as a passive open space amenity, including landscaping and a trail system. 11. In addition to the trail system within the BPA easement, the applicants also propose developing additional recreational amenities within the project. Plans for these facilities have been revised as a result of the remand to the Hearing Examiner. The City Parks Department and Parks Board has accepted the proposed improvements as currently proposed. Division 1 now includes a 2.62 acre tract proposed for development with play equipment, a ball field and basketball court (Tract Q). Walking trails will also be developed with open space Tract B (3.55 acres). Division 2 includes a 0.75 acre park featuring play equipment and a sport court (Tract P) and walking trails within Tract F, 1.70 acres. All park lands would be dedicated to a future Homeowners' Association for maintenance. PUD Approval Process 12. PUDs are allowed pursuant to Chapter 18.69 of the Zoning Code. More specifically, ACC Section 18.69.040 allows PUDs within all residential Comprehensive Plan map designations of the City, except "Rural Residential". Property must be at least 10 acres in area in order to qualify for PUD approval. The combined projects are 89.31 acres (50.85 and 38.46 acres individually) in size. 13. The PUD process is a multi-step process. The first step is to rezone the property to the PUD classification. The rezone is a contract rezone that defines among other things the land use, density, number and types of dwelling units, amount and type of open space, and the responsibilities of the applicant. In the subject cases, a preliminary plat for a single-family development is being processed simultaneously, therefore the next steps will be the administrative approval of infrastructure, construction of the infrastructure, and subsequent final plat approval. Densitv 14. ACC Section 18.69.060 determines the maximum number of units that can be allowed within a PUD. The number of units is determined by subtracting out any non-buildable area and then multiplying the remainder by the number of dwelling units allowed per acre by the Comprehensive Plan. In this case the entire project site is identified as "Single Family Residential" on the Comprehensive Plan map, which allows a maximum of 6 dwelling units per acre. Page 4 of 15 Aaenda Subiect: REZ05-0001, PUD05-0001, PL T05-0001; REZ05- 0002, PUD05-0002; PL T05-0002 Date: 4/21/2006 15. The applicants have identified 15.82 acres of non-buildable lands on both sites. These areas have slopes in excess of 25%, which pursuant to ACC 18.69.030.G, renders them as "non buildable." Therefore, the net area of both sites totals 73.49 acres, which would allow a maximum density of 441 dwelling units. As noted, a total of 368 units are proposed. Park Land 16. A PUD must also provide for park property. The City may allow a PUD to use park land to meet its 20% open space requirement. That is what is being proposed for this PUD. The City's subdivision code refers to the City's Park Plan for requirements that for every 1000 population of a plat, 6.03 acres of unimproved park land must be provided. With a total of 368 lots in the two divisions and an assumed population of 2.5 people per household, 920 people are anticipated to live within the developments. That translates into a park requirement of 5.55 acres. Under the current proposal, 9.17 acres are proposed, which is in excess of the standard. However, since some of the park lands will be encumbered by the BPA easement, the City Parks Department has not granted full credit for these lands. However, the final proposal has met the approval of the Parks Department and City Parks and Recreation Board. Open Space 17. ACC Section 18.69.080 outlines certain design requirements that a PUD must meet. Each PUD must have at least 20% of the total gross area set aside as open space. Nonbuildable areas may meet no more than 50% of this requirement. Collectively, the two projects are required to provide 17.86 acres of open space; a total of 29.64 acres is being provided, of which 18.12 acres is located outside of areas with 25% or greater slopes. The total open space includes the following features: * small tracts for entry signage * pedestrian pathways between blocks and to provide access to the parks facilities * the aforementioned park facilities * other miscellaneous tracts, some landscaped, others left in a natural state * two tracts that will contain a unified storm drainage facility Desian Reauirements 18. Section 18.69.080(D) requires certain design requirements to be met including architectural treatment of the buildings and other site design features as lighting, furniture, signs, fencing, etc. The applicants have submitted new "Architectural Design Guidelines" that depict a variety of home styles consistent with those found in the Auburn area. Houses will be of wood frame construction, feature lap siding and architectural style composite roofing, and include front porches, overhangs, bay windows and staggered garage fronts. Other exterior accent materials such as brick, stone or stucco will also be used to provide differentiation between houses. Variable and multiple roof pitches are also proposed. Each home will include at least a 2-car garage. 19. A conceptual landscape treatment of the PUD is illustrated in the "Preliminary Overall Landscape Plan" dated July 19, 2005. The plan depicts those areas to be maintained with native vegetation, those areas to be developed as park facilities, and street tree plantings throughout the project. 20. The standard requirement for detached single-family homes within a PUD is a 20 ft. front yard setback to a garage and 15 ft. for the remainder of the structure. The lot coverage limitation is set at 40%. (see ACC 18.69.070.A). These same standards apply within the Lakeland Hills developments located to the west of the project. The applicants are agreeable to complying with Page 5 of 15 Agenda Subiect: REZ05-0001, PUD05-0001, PL T05-0001; REZ05- 0002, PUD05-0002; PL T05-0002 Date: 4/21/2006 these standards and note that due to the architectural treatments being proposed, further restrictions should not be necessary. The front yard setback standards for PUDs are identical for single-family density, moderate density multi-family and high-density multi-family developments. All lots within the proposals are a minimum of 100 ft. in depth, which is minimum lot depth requirement in the R1 zone. The PUD ordinance allows 50% of lot coverage for moderate density multi-family residential developments, but restricts single-family density projects to 40% of lot coverage. This is equivalent to the amount of lot coverage allowed in the City's R3 zone district (the R1 zone restricts lot coverage to 35%). By definition, lot coverage includes the total percentage of a lot covered by all buildings, including accessory buildings and uses (ACC 18.04.550). PedestrianlTraffic Circulation 21. Each PUD must promote pedestrian movement. The project will feature a trail through the BPA easement from Kersey Way south to the southern project boundary. The Parks Dept. envisions this trail continuing to the south along the corridor in the future. Internal plat streets will feature sidewalks. The long blocks within the two divisions include mid-block pathways to facilitate pedestrian movement. Crosswalks will be marked where internal plat streets intersect with Evergreen Way. Also, Evergreen Way will include center median planter islands to provide for traffic calming and pedestrian refuge. 22. These projects will require the extension of Evergreen Way as a Residential Collector Arterial from the Lakeland Hills Development through to Kersey Way. The extension is required prior to construction of homes in either division. The new road will intersect Kersey Way at 53rd St. SE at a signalized intersection. The FEIS details other traffic mitigation measures that should be made a condition of approval, including the installation of a traffic circle at the intersection of Evergreen Way and Lakeland Hills Way. 23. The internal street network of the plat will consist of large internal blocks intersected with pedestrian pathways. One roadway will connect Divisions 1 and 2 through the BPA easement. There will be three points of access onto Evergreen Way from internal streets, but no direct lot access will be allowed. All street will be public. 24. The applicants have agreed to pay the higher Lakeland Hills South PUD traffic impact fee at the time of home construction. Currently, the Lakeland fee is $940.36/lot, as opposed to the standard single family residential fee of $677.71. 25. The applicants will also be required to construct half-street improvements along Kersey Way along the sites' full frontage. At the direction of staff, this will include a 10ft. wide ped/bike trail behind the curb and planter strip, as opposed to a separate bike lane at the edge of roadway and a typical 5 ft. sidewalk. SEPA 26. An Environmental Impact Statement was required for the Kersey III proposal, originally proposed in 2000. The EIS addresses these two properties, plus adjoining land to the west. Two total development potentials for this area were analyzed in the document, one for 481 total units, and the other for 700 units for all three properties. As noted, the current proposal involves 373 units (lots) for two-thirds of the area addressed in the EIS. The Draft EIS was issued on July 1, 2004, with the Final EIS being issued on February 11, 2005. No appeals of the Final EIS were filed. Recommended mitigation measures are included beginning on page 9 of the Final EIS. Page 6 of 15 Aaenda Subiect: REZOS-0001, PUDOS-0001, PL TOS-0001; REZOS- 0002, PUDOS-0002; PL TOS-0002 Date: 4/21/2006 Resolution 3947 27. After conducting a closed record public hearing on October 3 & 17, 200S, the City Council subsequently voted to remand the Kersey III applications to the Hearing Examiner to lire-open the record and consider how the development addresses or affects the following issues: (1) Open spaces and the protection of sensitive environmental features, such as steep slopes, mature trees, wetlands and scenic views; (2) Use of traffic management and design techniques to reduce potential traffic congestion, particularly along Kersey Way, and promote alternative modes of travel. Consideration should be given to applying the Lakeland PUD traffic impact fee structure in responding to similar impact areas south of the White River. (3) The development of transitional areas between these projects and adjacent developments and environmentally sensitive areas; (4) The building and structural designs that complement surrounding land uses and their environment, reflecting quality site design, landscaping and building architecture required under the Auburn PUD ordinance; (S) The parks and open spaces, and the adequacy of parks and open spaces under Bonneville Power Administration power lines; (6) Incorporation of adequate notification to future lot owners of the adjacent surface mining operations; (7) Protection of waterways and the development's proposed storm water system. (8) Application of the Lakeland Fire Impact Fee to aid the City in developing fire facilities to serve the area south of the White River. 28. The EIS for the project noted that alteration of slopes greater than 40% is unavoidable for the construction of Evergreen Way SE. Otherwise, slopes greater than 40% will not be disturbed. Significant trees will be maintained in several open space tracts on the site, including along Kersey Way, which should screen the project from view of motorists traveling the corridor. No wetlands or streams are located on these project sites; however, there are water features on the final third of the overall Kersey project, located to the west. 29. The project will include a number of traffic mitigation/calming measures, as noted above and in the applicant's response matrix. Traffic staff is also recommending the "boulevard" design on Evergreen Way be continued to the west to Lakeland Hills Way. The applicant has also agreed to pay the higher Lakeland Hills South traffic mitigation fee. 30. The projects are proposing to provide perimeter setbacks consistent with requirements of the adjoining zoning districts. Significant setbacks from Kersey Way are also provided (200 to 600 ft.). 31. The applicants have submitted revised architectural design standards and examples of the character of homes anticipated to be built within the projects. These exhibits indicate a high quality of home construction. All homes will feature at least 2-car garages and fenestration, varied rooflines and setbacks, etc. to avoid a monotonous streetscape. 32. The proposed provision of parks and open spaces has been altered to address concerns raised by the City Council. The Parks staff and Parks Board have accepted the current proposal. 33. The applicants concur with the requested re-wording of the condition regarding notifying future lot owners of the presence of the nearby surface mining operation. Page 7 of 15 Aaenda Subiect: REZOS-0001, PUDOS-0001, PL TOS-0001; REZOS- 0002, PUDOS-0002; PL TOS-0002 Date: 4/21/2006 34. Stormwaters will be directed to a two-cell detention pond developed consistent with city standards. The City Stormwater Engineer has recommended additional conditions of approval to address potential impacts. The storm system will be designed to avoid adverse impacts to Bowman Creek. 3S. Since the initial hearings on the project, the City of Auburn has adopted a fire impact fee that is applicable throughout the city limits. The fee is $290.13 for each single family home. The Lakeland Hills South PUD fee is $470.16 and has not been abrogated by the adoption of the new fire impact fee. Given that the Kersey III project is located within the same area of the city for which the need for a higher impact fee has been determined, staff is recommending the Lakeland fee be applied to this project. CONCLUSIONS: Staff has concluded that the Rezones and Planned Unit Development (PUD) may be approved in that it is consistent with the following criteria necessary to grant a Rezone as outlined in 18.68 of the Zoning Code and for a Planned Unit Development, as outlined in Section 18.69.1S0. Rezone Criteria 1. The rezone must be consistent with the Comprehensive Plan. The Comprehensive Plan Map was amended in 1995 to be consistent with the Washington State Growth Management Act. The area is designated as "Single Family Residential." Plan policy LU-20 states in part that "the development of new neighborhoods should be governed by development standards which allow some flexibility." The PUD chapter is the only mechanism available in the Zoning Code that provides flexibility in design/layout standards for residential developments. Land Use Policy LU-26 notes that "development design should utilize and preserve natural features, including, but not limited to, topography and stands of trees, to separate incompatible uses and densities." Due to the topography of the site, the proposed PUD plats will result in some significant clearing and regrading of those portions of the site to be developed with homes and roads. However, a significant natural buffer area consisting of a forested slope adjacent to Kersey Way will be retained, as will another tract along the Evergreen Way extension. No homes will abut Kersey Way, which is designated as a Minor Arterial street. 2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request. This rezone request was initiated by the property owners. 3. Any changes or modifications to a rezone request made by either the Hearing Examiner or City Council will not result in a more intense zone than the one requested. Staff is not recommending any changes or modifications to the request. The density of the two projects is consistent with the Comprehensive Plan designation of Single Family Residential (maximum of 6 dwelling units per acre). Page 8 of 15 Aaenda Subiect: REZ05-0001, PUD05-0001, PL T05-0001; REZ05- 0002, PUD05-0002; PL T05-0002 Date: 4/21/2006 In addition, the Washington State Supreme Court has identified other general rules for rezone applications (see Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978)): 1. Conditions in the area must have changed since the original zoning was established. This area was annexed into the City of Auburn in 1968 and has been zoned R1 since at least 1987, when the current Zoning Code was adopted. Since that time, this area of the city has experienced significant development as a result of the Lakeland Hills project. In addition, overall market conditions in the Puget Sound area have changed with a trend towards smaller lots than the minimum required in the R1 zone (8000 sq. ft.). 2. The proposed rezone must bear a substantial relationship to the general welfare of the community. The rezone will allow for development of the area in a manner consistent with Lakeland Hills to the west and, due to the preservation of open space along Kersey Way, provide a buffer to the lower density residential area located along 53rd St. E. to the east. The projects will result in another means of access into Lakeland Hills through the extension of Evergreen Way and also bring sanitary sewer and water utilities into an area of the city not currently served. Planned Unit Development Criteria: 1. Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, or sites for schools. Adequate provisions are made for each, including emergency access and services, providing of public utilities, storm drainage, parks and open space. Impacts to schools will be mitigated by the payment of mitigation fees to the Auburn School District. 2. The proposed PUD is in accordance with the goals, policies and objectives of the Comprehensive Plan. See discussion under Rezone Criteria #1 above. 3. The PUD is consistent with the purpose ofthis chapter, Section 18.69.010, and provides for the public benefits required of the development of PUD's by providing an improvement in the quality, character, architectural and site design, housing choice andlor open space protection over what would otherwise be attained through a development using the existing zoning and subdivision standards. The proposed PUDs are consistent with the purpose of the PUD chapter by providing superior open space and natural system protection than otherwise might occur under a standard R1 development. For example, the City's recently adopted Critical Areas Ordinance only restricts the development of slopes in excess of 40%; these projects will preserve lesser slopes that could otherwise be altered. In addition, these projects will result in developed park facilities for public use, as opposed to simply providing land for future publicly-funded improvements. Pedestrian accessibility to the park facilities and between residential blocks is superior to what could otherwise be obtained. The PUD will be consistent with the flexibility, pedestrian-orientation, land use efficiency, environmental protection and housing affordability goals advocated by the PUD zoning district. Page 9 of 15 Aaenda Subiect: REZOS-0001, PUDOS-0001, PL TOS-0001; REZOS- 0002, PUDOS-0002; PL TOS-0002 Date: 4/21/2006 4. The proposed PUD conforms to the general purposes of other applicable policies or plans which have been adopted by the City Council. The projects are consistent with the Parks and Recreation Plan and Non-Motorized Plan. There are no other specific plans or policies that apply to the project. 5. The approval of the PUD will have no more of an adverse impact upon the surrounding area than any other project would have if developed using the existing zoning standards of the zoning district the PUD is located in. The PUD must also be consistent with the existing and planned character of the neighborhood including existing zoning and Comprehensive Plan map designations. Total site area for the two projects is approx. 89 acres, which could theoretically result in anywhere from 3S6 to S34 dwelling units, which would result in greater traffic impacts than the proposals. In addition, the architectural and landscaping controls of the project will ensure a beneficial interface with other developments in the area. 6. The proposed PUD is consistent with the design guidelines that are outlined in Section 18.69.080(D). The PUD is consistent with the guidelines by providing different styles of homes with acceptable architecture style and color. Project signage will be consistent with that of a residential neighborhood, adequate landscaping is provided, and exterior site lighting will be provided as well. Preliminary Plat Criteria 1. Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and school grounds. Adequate provisions have been or can be provided to serve the plat. Public utilities, public schools, public parks, private open space and new public streets will serve the proposed plat. 2. Conformance of the proposed subdivision to the general purposes of the Comprehensive Plan. See discussion under Rezone Criteria #1. 3. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans that have been adopted by the City Council. The projects are consistent with the Parks and Recreation Plan and Non-Motorized Plan. There are no other specific plans or policies that apply to the project. 4. Conformance of the proposed subdivision to the general purposes of the Land Division Ordinance as enumerated in ACC Section 17.02.030. The plat is consistent with the broad purpose statements of the Land Division Ordinance as enumerated in ACC Section 17.02.030. Page 1 0 of 15 AQenda Subiect: REZ05-0001, PUD05-0001, PL T05-0001; REZ05- 0002, PUD05-0002; PL T05-0002 Date: 4/21/2006 5. Conformance of the proposed subdivision to the Auburn Zoning Ordinance and any other applicable planning or engineering standards and specifications as adopted by the City. The plat has been or is capable of being designed in accordance with applicable City standards including the City's Design and Construction Manual. 6. The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment. Development of these properties was thoroughly evaluated through an Environmental Impact Statement process. The Final EIS, issued on February 11, 2005, includes 10 pages of potential impacts and suggested mitigation measures, which are recommended to be made conditions of project approval. The adequacy of the Final EIS was not appealed. RECOMMENDATION: Based on the Facts, Findings and Conclusions of the staff report, staff recommends that the Hearing Examiner recommend to the City Council approval of the Rezone requests, approval of the Planned Unit Developments (PUDs) and the Preliminary Plats, with the following conditions: 1. Pursuant to RCW 36.70A.060, the following notice shall be placed on the final plat and on all building permits and deeds issued within the Kersey III development (Division I and Division II): NOTICE: This property is near designated mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development. The owner of the mineral resource lands may, at any time, apply to the City for a permit for mining-related activities including, but not limited to, mining, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals. 2. Prior to issuance of final plat approval for any phase containing an open space tract, Applicant shall submit, or enter into an agreement to submit, a Declaration of Covenants Conditions and Restrictions that conforms to ACC 19.69.200. 3. As part of the engineering/construction drawings submitted for the construction of interior improvements to the subdivision, Applicant shall also submit engineering/construction drawings for the construction of all park improvements as depicted on the drawings submitted. The park improvements shall be approved by the City of Auburn's Parks Director prior to the approval of the construction drawings for the plat. Any materials supplied and installed for the parks must meet current City Parks Department standards and be approved by the Parks Director prior to installation and final plat approval. 4. Proposed Conditions, Covenants, and Restrictions (CC&Rs) for the future Kersey III Homeowners' Association shall be submitted for review and approval by City Staff prior to final plat approval. This document shall include architectural design criteria for new homes and specify the financial means of maintenance of all common parks and open spaces. 5. Home designs shall be consistent with the Kersey 3 Division I & II Architectural Design Guidelines dated January 9, 2006 and the submitted conceptual drawings and photographs submitted with the application. The Architectural Design Guidelines shall be incorporated into the CC&Rs for the project. The final design guidelines shall include a color palette for proposed house exterior colors. In addition, the following conditions shall apply: Page 11 of 15 AQenda Subiect: REZ05-0001, PUD05-0001, PL T05-0001; REZ05- 0002, PUD05-0002; PL T05-0002 Date: 4/21/2006 a) Homes shall feature multiple roof pitches on their street-facing facades. b) Garages shall be set back a minimum of 20 feet from the front property line. No home shall have more than a two-car garage door facing any street. c) Home designs shall be varied such that no more than two homes sharing the same floor plan are located adjacent to one another. 6. Final landscaping design shall be generally consistent with the Preliminary Overall Landscaping Plan, which was included with the Applicants' resubmittal packet for rezone, PUD, and preliminary plat approval. The Applicants shall maximize the use of native and/or drought-resistant plants throughout the plat, including park and landscaped open space areas. Emphasis should be on the use of native vegetation, thereby mitigating the loss of native vegetation. 7. Any entrance sign shall be a low monument style with accenting landscaping. The number, style, and placement of signs and associated landscaping shall be approved by the Planning Director. 8. Fencing along the boundary of the plat shall be of consistent material, style, and color. The Planning Director shall approve such fences, which shall be equivalent to a six foot high solid wood fence. Any fencing to be erected adjacent to any of the planned pedestrian pathways requires the approval of the Planning Director. All residential properties that border on a native/open space, park, or drainage tract (Tract A, B, C, D, and I) shall be separated from these areas by use of a two- rail wooden fence of approximately three to four feet in height. This fence shall delineate the property line and prevent encroachment by the property owner into the native/open space, park, or drainage tract. 9. Approval of the rezone and PUD are valid only upon approval and execution of the associated preliminary plat. 10. Compliance with all of the mitigation measures as noted on pages 9-19 of the Kersey III Preliminary Plat Final EIS (Exhibit 8), dated February 2005, and as otherwise noted throughout this recommendation, is required. 11. Applicants shall construct a traffic signal at Evergreen Way SE and Kersey Way SE. This traffic signal must be constructed to the satisfaction of the City Engineer. 12. Applicants shall construct an active warning signal on southbound Kersey Way SE in advance of the intersection of Kersey Way SE and Evergreen Way SE. This active warning signal must be constructed to the satisfaction of the City Engineer. 13. Applicants shall provide auxiliary lanes at the intersection of Evergreen Way SE and Kersey Way SE. These auxiliary lanes must be constructed to the satisfaction of the City Engineer. 14. Prior to any final plat approvals, Applicants shall construct or post financial surety for traffic controls to the satisfaction of the City Engineer at the intersection of Lakeland Hills Way and Evergreen Way SE. These traffic controls shall be designed and constructed as a round-about unless the City Engineer determines, based on design, that a round-about is not feasible. If the City Engineer determines that a round-about is not feasible, then the traffic controls shall be designed and construction as a traffic signal. 15. Prior to any final plat approvals, Applicants shall construct or post financial surety for traffic calming and pedestrian safety amenities on Evergreen Way SE, in the vicinity of the park area near Olive Avenue. These traffic calming and pedestrian safety amenities must be constructed to the satisfaction of the City Engineer. Page 12 of 15 Aaenda Subiect: REZ05-0001, PUD05-0001, PL T05-0001; REZ05- 0002, PUD05-0002; PL T05-0002 Date: 4/21/2006 16. The EIS states that there are unavoidable significant impacts on the environment, namely impacts on wildlife populations and their associated habitat. Two main impacts pertain to loss of native vegetation and fragmentation of habitat. Applicants shall endeavor to provide for preservation of a wildlife habitat by creating a corridor containing native vegetation, thereby mitigating these impacts. 17. Applicants shall engage in meaningful consultation with the Auburn School District. Communications should not merely seek to ensure that the school district can provide transportation, but that schools have the capacity to serve the students generated by the proposal without burdening or creating overcapacity at any school. Applicants shall be responsible for all school impact fees in a manner consistent with local and state law requirements. 18. 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 submitted and approved by the City of Auburn. The purpose of the plan should be to accomplish the maximum amount of grading at one time to limit or avoid the need for subsequent grading and disturbance, including grading of individual lots 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 near by 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 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 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) and/or the City's Critical Areas Ordinance. 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 geo-technical 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. 19. Prior to final plat approval, a supplemental evaluation of stream channel conditions along Bowman Creek in vicinity of Stream Station 14+00 must be completed, including the off-site erosional feature observed at the outlet of the culvert under Kersey Way and near Bowman Creek. Appropriate mitigation shall be proposed to eliminate the observed erosion as well as any erosion determined be present from the supplemental evaluation of stream channel conditions along Bowman Creek. 20. Storm drainage facilities shall incorporate high standards of design to enhance the appearance of the site, preclude the need for security fencing, and serve as an amenity. The design of above ground Page 13 of 15 Aaenda Subiect: REZ05-0001, PUD05-0001, PL T05-0001; REZ05- 0002, PUD05-0002; PL T05-0002 Date: 4/21/2006 storage and conveyance facilities shall address or incorporate landscaping utilizing native vegetation, minimal side slopes, safety, maintenance needs, and function. Prior to final plat approval, a landscaping plan with applicable cross-sections is required to demonstrate that storm drainage pond aesthetic requirements consistent with City standards can be accommodated on-site. Storm drainage facilities shall be provided consistent with the City of Auburn Design Standards. In order to achieve this, the following design elements must be incorporated into the final design: . Vehicle access for maintenance to all proposed storm drainage structures is required. To provide an adequate and safe storm pond access, an appropriately designed pull-off shall be provided from Kersey Way SE to serve the pond. . 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. Maintenance access shall be provided to all structures proposed to be in public ownership. The remaining portions of this system shall be placed within a tract dedicated to the Homeowners Association for maintenance and operation. 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 outlet to the storm drainage pond. To enhance the water quality of the discharge leaving the site, appropriately designed aeration shall be provided within the storm pond. Given the existing on-site drainage deficiencies in the vicinity of Kersey Way near 53rd Street SE, and subsequent flooding of the intersection, an appropriately designed storm drainage system shall be constructed to mitigate this condition. 21. The location and alignment of the force main and the proposed pump station shall be coordinated with adjacent property owners and the City to ensure it provides service to the desired basin. The public sanitary sewer pump station shall be located as directed by the City Engineer in order to allow room for large vehicle turnarounds so City vehicles do not have to back into public right-of-ways. The applicant shall provide sanitary sewer stub to the south property line located between Lots 27 and 28 of Division 1. The applicant shall provide an easement for possible future extension of the sanitary sewer system located at the SE corner of Tract D, Division 1. 22. All roads within the plat must be constructed to City standards (except where deviations are granted by the City Engineer) and shall be dedicated as public right of way. 23. The applicant shall construct Evergreen Way to City standards for a residential collector arterial including a 10 foot landscaped center median/turn lane area through the plat boundaries. 24. The applicant shall also construct median treatments to match the 10 foot center median/turn lane within the plat on the existing roadway west to Lakeland Hills Way, to the satisfaction of the city engineer. 25. The applicant shall redesign pedestrian crossings at Road G and Evergreen Way and Road A and Evergreen Way to provide additional pedestrian refuge, to the satisfaction of the city engineer. Page 14 of 15 Aaenda Subiect: REZ05-0001, PUD05-0001, PL T05-0001; REZ05- 0002, PUD05-0002; PL T05-0002 Date: 4/21/2006 26. The applicant shall construct a minimum 10 foot wide shared multi-use path, separated by a 5 foot landscape strip from the road, on the west side of Kersey Way for the length of the site frontage along Kersey Way, to the satisfaction of the City Engineer. 27. The applicant shall construct Kersey Way to a modified city standard for a minor arterial road, to include a 12 foot center turn lane, a 12 foot through northbound lane, a 12 foot through southbound lane, appropriate right turns lane(s) at the intersection with 53rd Street SE, a 5 foot landscape strip and a minimum 10 foot wide shared multi-use path on the west side. All other features about the road such as vertical curb, storm drainage and lighting must meet city standards. 28. The applicant shall create a 50 foot right of way stubbing to the south plat boundary, through the location of lots 27 and 28, Division 1, to align with 176th Ave. E. 29. A traffic impact fee equivalent to the fee being collected for the Lakeland Hills South PUD shall be paid at the time of building permits for individual homes. 30. A fire impact fee equivalent to the fee being collected for the Lakeland Hills South PUD shall be paid at the time of building permits for individual homes. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report. Page 15 of 15 4 ~;-: II/brr / BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN In the Matter of the Application of ) ) ) ) ) ) ) ) For a Rezone, a Planned Unit Development,) a Preliminary Plat, and a Variance for ) Kersey III - Division I and Division II ) Lakeridge Development by Wayne Jones and Landholdings LLC by Daniel and Stormy Hayes NO. REZ05-0001, REZ05-0002 PUD05-000 1, PUD 05-0002 PL T05-000 1, PL T05-0002 FINDINGS, CONCLUSIONS, AND RECOMMENDA nON BACKGROUND In 2005, Lakeridge Development, through Wayne Jones, and Landholdings LLC, through Joyce Bowles and Peter Bowles, (Applicants) requested approval of a rezone, a Planned Unit Development, and preliminary plat for Division I and Division II of Kersey III, a single-family residential subdivision, and a variance from certain design standards. The Applicants requested a rezone of three separate tax parcels from R-l Single Family Residential to Planned Unit Development. The Planned Unit Development and Preliminary Plat would have 169 lots in Division I and 204 lots in Division II. The requested variances would reduce front yard setback and lot coverage requirements. The subject property totals 89.31 acres and is located within the city limits of Auburn, on the west side of Kersey Way at 53rd Street SE, extending southward to the King-Pierce County line. An open record hearing on the request was held before the Hearing Examiner for the City of Auburn on August 9, 2005. The Hearing Examiner allowed the record to remain open for the limited purpose of securing comments from the Auburn School District on impacts generated by the proposed residential development. The School District's comments were received and the record was officially closed on August 16, 2005. Following a review of the testimony and exhibits, and based on the criteria established by the Auburn City Council, on September 2, 2005 the Hearing Examiner issued a recommendation for approval of the rezone from R -1 Residential to Planned Unit Development, approval of the Planned Unit Development, and approval of the preliminary plat for Division I and Division II of Kersey III, subject to 18 conditions. The Hearing Examiner recommended that the Applicants' request for variances from the required front yard setback and total lot coverage design requirements be denied. On October 3, 2005 and October 17, 2005, the Auburn City Council conducted a hearing to consider the Hearing Examiner's recommendations. At the close of the hearing, the City Council asked the Applicants if they were willing to accept the additional time it would take for the matter to be remanded to the Hearing Examiner for further review. The Applicants declined the Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND remand offer and the City Council denied all of the applications. On November 10, 2005, the Applicants rescinded its denial and asked that the applications be remanded to the Hearing Examiner. On November 15, 2005, the Auburn City Council issued Resolution Number 3947, remanding . the matter to the Hearing Examiner to re-open the record and consider how the development addressed or affected the following issues: 1. Open spaces and the protection of sensitive environmental features, such as steep slopes, mature trees, wetlands, and scenic views. 2. Use of traffic management and design techniques to reduce potential traffic congestion, particularly along Kersey Way, and promote alternative modes of travel. Consideration should be given to applying the Lakeland PUD traffic impact fee structure in responding to similar impacts areas located south of the White River. 3. The development of transitional areas between these projects and adjacent developments and environmentally sensitive areas. 4. The building and structural designs that complement surrounding land uses and their environment, reflecting quality site design, landscaping, and building architecture required under the Auburn PUD ordinance. 5. The parks and open spaces, and the adequacy of parks and open spaces located under Bonneville Power Administration power lines. 6. Incorporation of adequate notification to future lot owners of the adjacent surface mining operations. 7. Protection of waterways and the development's proposed stormwater system. 8. Application of the Lakeland Fire Impact Fee to aid the City in developing fire facilities to serve the area south of the White River. On February 22, 2006, the Hearing Examiner for the City of Auburn held a public hearing on the matter as it was remanded from the City Council. Testimony At the February 22 hearing on remand, the following individuals presented testimony under oath: 1. Steve Pilcher, Planner, City of Auburn 2. Joseph Welsh, Transportation Engineer, City of Auburn 3. D. Scamporlina, Parks Department, City of Auburn 4. Dwayne Husky, Public Works, City of Auburn 5. Walt Wojeck, Development Review - Public Works, City of Auburn 6. Chris Ferko, Barghausen Consulting Engineers, Applicants' representative 7. Rob Armstrong, Civil Engineer 8. Art Sidel, Landscape Architect 9. Pat McBride, Building Architect 10. John Norris, Norris Homes 11. Michele Fassbind, neighboring property owner 12. John Chaffee, neighboring property owner 13. Darryl Thompson, neighboring property owner Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMANDt Page 2 of30 14. Pat Davis, neighboring property owner 15. Dale Huston, neighboring property owner 16. Erin Galeno, neighboring property owner 17. Chuck Gould, neighboring property owner 18. Janet Koch, neighboring property owner 19. Katrina Price, neighboring property owner 20. Donald Bykonen, neighboring property owner 21. William Remick, neighboring property owner 22. Kristi Knott, neighboring property owner 23. Bruce Koch, neighboring property owner 24. Jonie Brooke, neighboring property owner 25. Bill Anderson, neighboring property owner Exhibits At the February 22 hearing on remand, the following exhibits were admitted as part of the official record: 1. Staff Report, dated February 16,2006 2. Project Vicinity Map 3. Auburn City Council Resolution 3947 4. Re-submittalletter from Barghausen Engineers, dated January 11,2006 5. Revised Preliminary Plat/PUD Site Plans - 12 sheets 6. Engineer's Responses to Auburn City Council Comments 7. Kersey III Divisions I and II Project Proposal, Architectural Design PowerPoint Presentation Slides and Architect Narrative 8. Land Use Agreement - Bonneville Power Administration and Lakeridge Development, dated August 30, 2005 9. Excerpts from Environmental Impact Statement pertaining to Geologic Hazards, Wildlife and Habitat, and Wetlands and Streams, with maps 10. Notice of Public Hearing 11. Affidavit of Mailing of Legal Notice 12. Affidavit of Posting of Legal Notice 13. E-mail confirmation from King County Journal, Publication of Legal Notice, dated February 7, 2006 14. Kersey III Divisions I and II Project Proposal, PowerPoint Presentation Slides 15. Preliminary Landscape Plan - 3 sheets 16. Correspondence from GMS Architectural Group, dated February 22, 2006 16A. Lot Coverage Drawings 17. Correspondence from Segale Properties, dated February 22, 2006 18. Statutory Warranty Deed - Tax Parcel 3221059039 19. Public Comment Letter: Perry and Trina Peters, dated February 22,2006 20. Public Comment Letter: Pat and Gene Davis, dated October 15, 2005 21. Public Comment Letter: Pat and Gene Davis, dated February 21, 2006 22. Correspondence from Muckleshoot Indian Tribe, dated August 16, 2004 23. Public Comment Letter: Michelle Fassbind, dated February 22,2006 24. Public Comment Letter: John Chaffee, dated February 22, 2006 Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page 3 of 30 25. Public Comment Letter: Erin and Paul Galeno, undated 26. Public Comment Letter: Erin Galeno, October 17, 2005 27. Public Comment Letter: Janet Koch, dated February 22,2006 28. "Where's the smoke..." Auburn Reporter, dated February 15,2006 29. Public Comment Letter with excerpts from Draft Environmental Impact Statement: Will and Jean Julum, Rod and Judy Johannsen, Eric Padilla, John and Cindy Flinchbaugh, Larry and Cathy Hansen, and Mark and Catherine Neubauer, undated 30. Public Comment Letter with excerpts from Draft Environmental Impact Statement: Mike Bykonen, Eric Padilla, John and Cindy Flinchbaugh, Will and Jean Julum, Rod and Judy Johannsen, undated 31. Public Comment Letter: Bruce Koch, dated February 22, 2006 32. Public Comment Letter: Bill Anderson, dated February 22,2006 33. Public Comment Letter with excerpts from Draft Environmental Impact Statement: Stan Purdin, Kirk Anderson, Mike and MariLee Bykonen, Gary and Margaret Staples, undated 34. Public Comment Letter: Gary and Margaret Staples, February 21, 2006 35. Tax Assessor's Vicinity Map 36. Applicant's Response to Public Hearing Comments, dated March 3,2006 36A. Agency Comment Letter from Auburn School District, dated March 2, 2006 Upon consideration of the testimony and exhibits submitted at the open record hearing of August 9, 2005 and the February 22, 2006 Hearing on Remand, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS OF FACT GENERAL FINDINGS 1. The Applicants requested approval of a rezone of three parcels of land totaling approximately 89.31 acres. The rezone would reclassify the property from R -1 Single Family Residential to Planned Unit Development (PUD). The Applicants also requested approval of a PUD and Preliminary Plat for Division I and Division II of Kersey III. The property is located on the west side of Kersey Way at 53rd Street SE, extending southward to the King-Pierce County line. All of the parcels are within the city limits of Auburn and the boundaries of King County. General Finding of Fact No.1, Sept. 2005 FeR; Exhibit 1, Staff Report, Page 3. 2. To reach a determination on the City Council's Order of Remand, the Hearing Examiner reviewed all evidence, written and oral, submitted into the record of the Kersey III, Division I and Division II hearings conducted on August 9, 2005 and February 22, 2006. All Findings of Facts, both general and specific, provided for in the Hearing Examiner's September 2, 2005 Decision are incorporated into the present decision by reference. Findings from the August 2005 hearing are referenced as "Findings ..., Sept. 2005 FeR. " Findings from the February 2006 hearing are referenced as "Findings ..., Feb. 2006 Remand Hearing. " Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page 4 of30 3. In the original proposal heard by the Hearing Examiner in August 2005, the Applicants proposed a two phase development with Division I containing 169 single-family residential lots averaging 5,032 square feet, resulting in an average density of 3.34 dwelling units per acre (du/acre). Division II was to be developed with 205 single-family lots averaging 4,863 square feet, resulting in an average density of 5.35 du/acre. The overall project density is 4.17 du/acre for both divisions. At the February 2006 Hearing on Remand (Remand Hearing), the Applicants submitted a revised proposal. The Applicants are still proposing development of Kersey III in two phases, however, Division I would now contain 167 single-family residential lots averaging 4,900 square feet, and an average density of 3.28 du/acre. Division II would now contain 201 single- family residential lots averaging 4,990 square feet, and an average density of 5.23 du/acre. The overall project density is 4.12 du/acre. General Finding of Fact No.2, Sept. 2005 FCR; Exhibit 1, Staff Report, Page 3; Exhibit 1, Staff Report, Page 3; Exhibit 5, Revised Preliminary PlatlPUD plans; Exhibit 14, Applicant's PowerPoint; Testimony of Mr. Pilcher; Testimony of Mr. Ferko. 4. Three parcels of land comprise the proposal and all three parcels are within the city limits of Auburn. Division I is includes two tax parcels - King County Parcel No. 322105-9015 and No. 322105-9017 which are owned by Wayne and Debra Jones (Lakeridge Development). Division II is comprised of one tax parcel - King County Parcel No. 322105-9039 and was owned by Joyce and Elwood "Pete" Bowles (Landholdings LLC). On December 14,2005, the Bowles executed a Statutory Warranty Deed conveying Tax Parcel 3221050-9039 to Daniel and Stormy Hayes. The Hayes' have been substituted for the Bowles as Applicants in the matter. General Finding of Fact No.4, Sept. 2005 FCR; Exhibit 19, Statutory Warranty Deed; Testimony of Mr. Pilcher. 5. Design standards for detached single-family residential development within a PUD include: minimum lot size of 3,600 square feet, minimum lot width of 40 feet, maximum lot coverage of 40%, maximum building height of 30 feet, and front, rear, and side yard setbacks of 15-20 feet, 20 feet, and 5 feet, respectively. The Applicants proposal conforms to these standards. ACC 18. 69. 070(A); Exhibit 5, Revised Plat. 6. At the August 2005 hearing, the Applicants requested a variance from certain design requirements set forth in Auburn City Code (ACC) 18.69.070(A). The proposal at that time was for the reduction in the front yard setback to 10 feet and an increase in the. total allowable lot coverage to 50%. The Hearing Examiner recommended denial of this request. At the Remand Hearing, the Applicants revised the previous request, seeking an increase in the total allowable lot coverage of up to 45%. The Applicants argue that adherence to the 40% lot coverage maximum provided in ACC 18.69.070(A) would create hardship and that increased lot coverage is needed to provide the flexibility that the City's PUD guidelines require in order to prevent a 'cookie cutter' look. Approval of the variance, according to the Applicants, would create balance and diversity within the PUD. In addition, the Applicant argues that the use of smaller lots provides a substantially larger amount of open/recreational space than normally is required. It appears from the record that the Applicants have abandoned their request for a front yard setback variance. Specific Finding of Fact No. 23, Recommendation, Sept. 2005 FCR; Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary PlatlVariance - ON REMAND Page 5 of30 Exhibit 16, Correspondence from GMC Architectural; Exhibit 16A, Lot Coverage; Exhibit 36, Applicants' Response; Testimony of Mr. McBride; Testimony of Mr. Norris. 7. At the Remand Hearing, the Hearing Examiner left the record open for the Applicants to submit responses on all of the written and oral comments received into the record at the February 2006 Remand Hearing. Bob Johns of Johns Monroe Mitsunaga, attorney for the Applicants, submitted the required responses, along with comments from the Auburn School District, to the City of Auburn on March 3, 2006. A copy of this letter was not provided to the Hearing Examiner until March 14, 2006. On March 14, 2006, the Hearing Examiner entered an Order setting the date of the issuance of the recommendation to March 22, 2006. 8. Notice of the Remand Hearing was posted on the property and was mailed to all property owners located within 300 feet of the affected site on February 10, 2006. Notice was published in the King County Journal on February 10,2006. Exhibits 10, 11, 12, and 13. 9. The Growth Management Act (GMA), RCW 36.70A, requires land within a city to be classified as urban and that it must be developed at urban densities. The Applicants submitted that this principle justifies the rezone request. The GMA itself does not assign a quantitative value to the term "urban density" but prior case law from the Central Puget Sound Growth Management Hearings Board, which has been applied, clarified, and evolved over the years, has stated that urban density is equivalent to four dwelling units per acre unless a reasonable exception applies (i.e. critical areas). (see City of Bremerton et al v. Kitsap County, CPSGMHB Case No. 95-3-0039c (1995), Litowitz v. City of Federal Way, CPSGMHB Case No. 96-3-0005 (1996)). The CPSGMHB's rule was recently called into question by the Washington State Supreme Court in Viking v. Holm when the court stated that the CPSGMHB did not have the authority to create such a 'bright line rule'. Viking v. Holm, 118 P.3d 322 (2005). Subsequent cases from the CPSGMHB have the CPSGMHB re-characterizing the four dwelling units per acre threshold as a 'safe harbor' rather than a 'bright line'. Furhiman v. City of Bothell, CPSGMHB Case No. 05-0025c (2005). The subject property was designated as Single Family Residential in 1995 and Auburn foresees the bulk of single-family residential communities developed at a density of four to six dwelling units per acre. RCW 36.70A.nO; Land Use Policy LU-14; Exhibit 36, Applicants' Response. (See also Finding of Fact Nos. 7-8, Sept. 2005 FCR (noting factors to satisfy change in circumstances). 10. Auburn's Comprehensive Plan speaks to the development of residential housing at single-family densities that establish a balanced mix of housing types appropriate for a family-oriented community. When assigning the Comprehensive Plan's land use designation for the subject property, the City Council was to evaluate the ability to buffer the area by taking advantage of topographic variations, natural features, setbacks, and other means. The development of new neighborhoods is to be governed by flexible development standards that encourage compact urban development while protecting critical areas. These flexible development regulations are intended to provide a variety of housing types and site planning techniques so that a site can achieve its maximum Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page 6 of 30 housing potential. Chapter 3, Land Use Goal 7; Land Use Policy LU-14; Land Use Policy LU-17; Land Use Policy LU-20; Chapter 4, Housing Goal 7; Housing Objective 12.1; Housing Policy HO-34. 11. As required by ACC 18.68, ACC 18.69, and ACC 17.06, analysis of the proposal's consistency with the Comprehensive Plan was provided for in the DEIS. The DEIS reviewed the goals and elements of the Comprehensive Plan pertaining to utilities, transportation, the environment, natural resources, natural and manmade hazards, and parks, recreation, and open space. The proposed PUD/plat was determined to be generally consistent with the Single Family Residential designation. The City of Auburn's Planning Director reviewed the rezone application for consistency with the Comprehensive Plan and determined that it was consistent. Specific Findings of Fact Nos. 4-6, Sept. 2005 FCR; ACC 18. 68.030(B)(1); ACC 18. 69. 150(B); ACC 17.06.070(B); Exhibit 1, Staff Report, Pages 8-10. 12. As required by the State Environmental Policy Act (SEPA), RCW 43.21C, the City of Auburn acted as lead agency for identification and review of environmental impacts caused by the proposed PUD/plat. The Final Environmental Impact Statement (EIS) for the Kersey III project was issued on February 11,2005. No appeals were filed. Specific Findings of Fact No.9, Sept. 2005 FCR. 13. Public comment, both written and oral, was submitted in regards to the adequacy of the EIS at both the August 2005 hearing and the February 2006 Remand Hearing. Appeals of an EIS must be submitted to the Auburn City Clerk 14-21 days after issuance of the Final EIS. ACC 16.06.230. No appeal was filed and all challenges to the adequacy ofthe EIS are time-barred. As noted in the September 2005 FCR, although a challenge to the adequacy of the EIS can no longer be brought, the most important aspect of SEP A is the consideration of environmental values. The key purpcse of an EIS is to ensure full disclosure and consideration of environmental information prior to the construction of a project. It is from the impacts disclosed in the EIS that the decision-maker can make an informed decision about the proposal. Public comment, both written and oral, submitted at the August 2005 hearing and the February 2006 Remand Hearing, provided further detail in this regard and therefore is permitted. Specific Findings of Fact No. 10, Sept. 2005 FCR; Exhibit 22, Comments of Muckleshoot Tribe/; Exhibit 25, Comments of Galeno; Exhibit 29, Comments of Bykonen et al; Exhibit 30, Comments of Bykonen et al; Exhibit 33, Comments of Bykonen et al; Exhibit 36, Applicants' Response, Page 2. 14. Agency and public comment, both written and oral, was submitted in regards to the impact of the proposed plat on the Auburn School District at both the August 2005 hearing and the February 2006 Remand Hearing. The anticipated increase in student population generated from the development was set at 0.59 students per dwelling unit, or 209 students. Submitted public comment stated that schools and the related I Exhibit 22 is dated August 16,2004 and were comments submitted during the DEIS review process. The Tribe's comments should have been taken into consideration when drafting the Final EIS. The Tribe's comments were not challenging the adequacy of the Final EIS. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page 7 of 30 transportation system were over capacity and that dangerous walking conditions were present along Kersey Way. The Auburn School District responded that the recent opening of Auburn Mountainview High School would provide capacity into the future to accommodate growth at the high school level. Two new elementary schools, including Lakeland Hills Elementary scheduled to open Fall 2006 and Elementary No. 14 (Lea Hill) scheduled to open Fall 2007, would provide additional capacity at the elementary level. The middle school level currently has capacity to accommodate growth but enrollment projections indicate that an additional middle school would be needed in the future and that the School District has begun planning for a new school. ACC 19.02 allows the City to collect school impact fees, approximately $4,500 per building permit, on behalf of the school district. Conditions of approval require the Applicants to pay this fee. Specific Findings of Fact Nos. 14-15, Sept. 2005 FCR; Exhibit 19, Comments of Peters; Exhibit 24, Comments of Chaffee; Exhibit 27, Comments of Koch; Exhibit 32, Comments of Anderson; Exhibit 34, Comments of Staples; Exhibit 36A, School District Comments; Testimony of Mr. Chaffee; Testimony of Ms. Koch; Testimony of Ms. Price; Testimony of Ms. Knott; Testimony of Ms. Brooke; Testimony of Mr. Pilcher; Testimony of Mr. Armstrong. 15. Bus transportation would be provided for the plat with bus pick up/drop off areas along Evergreen Way. The Applicants would construct a lO-foot wide multi-use path along the site's frontage with Kersey Way. This path, along with sidewalks and crosswalks within the plat, would provide safe walking conditions for students to/from school. Specific Findings of Fact Nos. 14-15, Sept. 2005 FCR; Exhibit 19, Comments of Peters; Exhibit 24, Comments of Chaffee; Exhibit 27, Comments of Koch; Exhibit 32, Comments of Anderson; Exhibit 34, Comments of Staples; Exhibit 36A, School District Comments; Testimony of Mr. Chaffee; Testimony of Ms. Koch; Testimony of Ms. Price; Testimony of Ms. Knott; Testimony of Ms. Brooke; Testimony of Mr. Pilcher; Testimony of Mr. Armstrong. 16. All lots are to be served with sanitary sewer service provided by the City of Auburn. Public comment was submitted in regards to the capacity of the system to accommodate additional sewage stemming from the proposed plat. Both the City and the Applicants are constructing improvements to the sewer system, including an interim pump station. A neighboring property owner asserted that the problem is not with the pump station but with the force mains that carry sewage away from the pump station. The neighbor argues that force mains at the Lakeland Hills pump station and the Ellingson pump station are not functioning properly and thereby have less capacity. City Public Works Staff testified that the sewer system is capable of handling the increased volume and, after replacement, the force mains are operating adequately. Specific Findings of Fact No. 20, Sept 2005 FCR; Exhibit 1, Staff Report, Page 3; Exhibit 25, Comments of Galena; Exhibit 36, Applicants' Response, page 5; Testimony of Ms. Galena; Testimony of Mr. Husky. 17. Public comments, both written and oral, were submitted in regards to the impacts on wildlife and their habitat. The EIS concluded that urbanization of the area would result in impacts to wildlife and habitat that were unavoidable including loss of vegetation, Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary PlatlVariance - ON REMAND Page 8 of30 fragmentation, and human encroachment. Public comments stated that several species of animals have been sighted on the subject property that were not accounted for in the EIS including Redheaded Woodpecker, Bald Eagle, Osprey, Pileated Woodpecker, and, historically, Salmon. Conditions of approval require that the Applicants install stormwater control technology that would eliminate/reduce sedimentation/erosion impacts in Bowman Creek and, subsequently, the White River. A Hydraulic Permit Approval (HP A) issued by Washington State Department of Fish & Wildlife would be required for construction near Bowman Creek and would address impacts to fishery resources. Open space and parkland would provide habitat and a corridor for wildlife species. Required fencing would delineate private property from open space/parkland and prevent encroachment. Disturbed areas would be re-vegetated with native species. Specific Finding of Fact No. 19, Sept. 2005 FCR; Exhibit 1, Staff Report, Pages 7-9, 12; Exhibit 6, Applicants' Response Matrix, Page 4; Exhibit 15, Landscape Plan; Exhibit 19, Comments of Peters; Exhibit 20, Comments of Davis; Exhibit 22, Comments of Muckleshoot Tribe; Exhibit 29, Comments of Bykonen et al; Exhibit 30, Comments of Bykonen et al; Exhibit 33, Comments of Bykonen et al; Testimony of Mr. Chaffee; Testimony of Mr. Bykonen; Testimony of Ms. Knott; Testimony of Ms. Brooke; Testimony of Mr. Husky; Testimony of Mr. Armstrong. SPECIFIC FINDINGS IN RESPONSE TO THE CITY COUNCIL'S ISSUES ON REMAND: In Resolution 3947, the Auburn City Council set forth eight specific issues for the Hearing Examiner to review and to determine how the proposed development addressed or affected these issues. Findings of Facts Numbers 18,19,20,21,22,23,24, and 25 address the City Council's specific issues. 18. City Council Remand Issue Number 1: Open spaces and the protection of sensitive environmental features, such as steep slopes, mature trees, wetlands, and scenic views. A. Steep Slopes The Applicants acknowledge that, as depicted in the DEIS (Figure 13), Division I contains identified Class I Known Landslide Hazard Areas (defined as slopes greater than 40%). However, the location of these areas on Figure 13 was based on a generalized map that is utilized as a first indicator source that ground reconnaissance and survey are done to further delineate the steep slopes. To supplement the slope information, the Applicants conducted a field survey in which the location of the slopes is more accurately shown (see Exhibit 5, Slope Exhibit Sheets I and 2). The slopes are primarily located with the open space tracts B, I, and Q and would be impacted by the construction of Evergreen Way, the main boulevard servicing the plat, and Kersey Way, the minor arterial from which access to the plat would be obtained. Construction of Evergreen Way would require cutting through a ridge and the construction of Kersey Way would require cutting of the slope to accommodate road widening. All impacts would be at 2:1 slope ratio. The maximum grade of Evergreen Way, in only two locations, would be 10%. Impacts to the steep slope areas are unavoidable, as these roadways are necessary for access to the plat. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page 9 000 . B. Mature Trees On the subject property are four types of vegetative cover. Division I has a mature mixed-species forest and Division II has a young deciduous forest, mature coniferous forest, as well as a mature mixed-species forest. The BP A easement area is vegetated with shrubs and grasses. The loss of forest areas is an unavoidable impact of urbanization. The Applicants proposed the retention of native vegetation, including mature trees, in several tracts including B, G, H, and I of Division I, totaling approximately 3.7 acres, and tracts A and F of Division II, totaling approximately 1.4 acres. Some trees would need to be removed from Tracts B and I to accommodate road construction and from Tracts A for construction of the drainage facility. City construction standards require that no trees may project into the "clear zone" for roads or sidewalks. Impacted areas would be revegetated with appropriate tree species. C. Wetlands There are no wetlands located within Division I and Division II. However, changes to existing surface and subsurface flows could affect the hydrology of off-site wetlands including several wetlands located in proposed Division 3 and two off-site streams, Bowman Creek and the White River, located NorthINorthwest of the plat. These impacts would be addressed and mitigated via storm water drainage control design. D. Scenic Views The residential portion of Kersey III is set back 200 to 600 feet from Kersey Way with a 35 foot building setback provided from properties to the east (zoned Rural Residential) and a 25 foot setback from properties to the south (zoned R-1 Residential). The topography of the site, along with both retained and new vegetation, would provide screening of the proposed PUD from existing low-density residential areas to the NorthINortheast. Setbacks, along with a six-foot high solid wood fence constructed along the southern and eastern border of the plat, would provide buffering from adjacent lower density residential areas. No scenic views are anticipated to be obstructed. E. Public Comments Public comments were received in regards to visual impacts (primarily due to headlights from traffic exiting the plat, loss of vegetation, and storm water drainage design). Neighboring property owners asserted that the headlights of vehicles exiting the plat would shine directly into their homes and that construction of the Kersey Way/Evergreen Way intersection would result in removal of vegetation and erosion, impacting views. Facts presented in Findings of Facts Numbers 18(A), 18(B), 18(C), 18(D), and 18(E) relied on the following evidence: Exhibit 1, Staff Report, Page 7; Exhibit 6, Applicants' Response Matrix; Exhibit 9, Excerpts from DEIS; Exhibit 14, Applicants' Power Point; Exhibit 15, Landscape Plan; Exhibit 23, Comments of Fassbind; Testimony of Mr. Welsh; Testimony of Mr. Armstrong; Testimony of Mr. Siedel; Testimony of Mr. Pilcher; Testimony of Mr. Ferko; Testimony of Ms. Fassbind 19. City Council Remand Issue Number 2: Use of traffic management and design techniques to reduce potential traffic congestion, particularly along Kersey Way, and promote alternative modes of travel. Consideration should be given to applying the Lakeland pun traffic impact fee structure in responding to similar impacts areas located south of the White River. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page 10 of30 A. Traffic Management and Design Techniques Traffic Impacts (volume and safety) were the most frequently cited issues of public comment and testimony received at both the August 2005 and the February 2006 hearings. The Applicants prepared a transportation impact analysis (TIA) in March 2004 and amended this document in January 2005. The TIA Addendum concluded that all corridors affected by the development are expected to meet or exceed the LOS minimum threshold set by the City of Auburn, which is LOS-D with the proposed signalization in place. The TIA and the EIS set forth several traffic mitigation measures, both on-site and off-site. The mitigation measures included: payment of impact fee; construction of half-street frontage improvements along Kersey Way; re-alignment of 53rd Street SE and Kersey Way; three-lane channelization (center turn lane) on Kersey Way; exclusive center left turn lanes on all legs of the re-aligned Kersey Way/53rd Street SE/Evergreen Way intersection; deceleration lane along Kersey Way at Evergreen Way; traffic signal and pedestrian crossings at re-aligned intersection of Kersey Way/53rd Street/Evergreen Way; active traffic signal warning signage for southbound Kersey Way; pedestrian treatments at the existing intersection crosswalk of Evergreen Way/Olive Way; traffic controls (round-about) at the intersection of Lakeland Hills Way and Evergreen Way; and the construction of Evergreen way from Lakeland Hills to Kersey Way. B. Road Safety and Aesthetics The revised plat added several additional amenities to improve road safety and aesthetics. The additions included: safe pedestrian crossings (pavement markings and advance warning signage) at three locations on Evergreen Way; three-lane channelization on Evergreen Way including exclusive left-turn lanes at three locations; and center median landscaped planter islands along Evergreen Way to improve aesthetics and calm/slow. Conditions of approval would require that the Applicants extend the boulevard design throughout the plat, continuing west to Lakeland Hills. C. Traffic Impact Fees Pursuant to ACC 19.04, the City of Auburn may collect impact fees for transportation facilities impacted by proposed development. In conjunction with the revised plat, City Planning Staff recommended that the Applicants pay the $940.36 Lakeland PUD Traffic Impact Fee in lieu of the City's standard traffic impact fee of $677.71. The Applicants submitted that they were not averse to paying the fee but requested that the Cit:l identify what the fee pays for. The Applicants asserted that, as required by RCW 82.02.020 , prior to assessing the higher impact fee the City must demonstrate that the condition is necessary to mitigate an adverse impact of the project (a "nexus") and the extent of mitigation is proportional. (Nollan v. California Coastal Commission, 483 US 825 (1987); Dolan v City of Tigard, 512 US 374 (1994)). The Lakeland PUD Traffic Impact Fee was established through an agreement between the developers of Lakeland Hills PUD and the Auburn City Council. The fee was assessed to address the unique transportation impacts that would be generated by the PUD. The proposed PUD/Plat is within the same geographic area as Lakeland Hills and the additional impact fee 2 RCW 82.02.020 authorizes local governments to impose permit conditions on development if the conditions are reasonably related to the new development. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary PlatlVariance - ON REMAND Page 11 of30 would allow for the construction of road improvements to serve the area, thereby promoting greater public safety and increased traffic flow. D. Public Comments Public comments received on traffic impacts generated by the proposal included: the inadequacy of infrastructure to handle the increase in traffic volumes, noise and air pollution (exhaust emissions); safe walkinglbicycling; evacuation route; and the impact of traffic controls (stop lights). Neighboring property owners argued that the proposed bike path along Kersey Way was a "path to nowhere," that the proposed traffic signal at Kersey Way/Evergreen Way/53rd Street would create backups during peak traffic times, and that Applicants did not mitigate noise and air impacts. Neighboring property owners stated that the existing neighborhood would be adversely impacted during construction of the proposed improvements to Kersey Way and during construction of the plat itself. Neighboring property owners asserted that Kersey Way is the main traffic corridor for the area, serving commuters, school buses, and trucks from the gravel pit, and that limiting improvements to the plat's frontage would create a funnel effect with negative impacts on traffic. E. Applicants' Response to Public Comments In response to public concerns regarding traffic, The Applicants submitted testimony on measures being taken as part of the development to mitigate traffic impacts. The Applicants stated that the TIA concluded that the Kersey Way/53rd Street/Evergreen Way intersection would operate at LOS B at full build-out of Kersey III, well within an acceptable LOS range for the City. In addition, the TIA determined that an appropriate mitigation for unacceptable levels of service is signalization. Evergreen Way would provide an alternative route available to area residences during emergency situations. Conditions of approval require the Applicants to construct a lO-foot wide walkway along the subject property's frontage with Kersey Way. Although the walkway does not fully extend northward to the site of an existing sidewalk, the Applicants assert that they are paying their "fair share" of the development and that subsequent developments that are currently "in the pipeline' would be responsible for additional segments. F. Fassbind Driveway Neighboring property owner Ms. Fassbind stated that she was uniquely affected by the proposed re-alignment of Kersey Way and 53rd Street due to the location of her driveway at this intersection and has not been contacted by the Applicants in this regard. Ms. Fassbind asserts that the proposed alignment would create an extremely dangerous situation for her and her family entering and exiting their property especially with a truck/trailer combination. The Applicants stated that the current re-alignment proposal for Kersey Way/53rd Street is tentative and that they would be in contact with Ms. Fassbind to discuss the final engineering design of the intersection and of the driveway, including alternative solutions such as the use of two driveways. Facts presented in Findings of Facts Numbers 19(A), 19(B), 19(C), 19(D), 19(E), and 19(F) relied on the following evidence: Specific Findings of Fact Nos. 5, 16-17, Sept. 2005 FCR; Exhibit 1, Staff Report, Pages 7, 21-25, 29; Exhibit 5, Preliminary Plat Map, Sheet 10; Exhibit 6, Applicants' Response Matrix, Pages 2-3; Exhibit 14, Applicants' PowerPointl Exhibit 19, Comments by Peters,' Exhibit 20, Comments by Davis; Exhibit 21, Comments by Davis; Exhibit 23, Comments by Fassbind; Exhibit 24, Comments by Chaffee; Exhibit 32, Comments by Anderson; Exhibit 34, Comments by Staples; ; Exhibit 36, Applicants' Responses, Pages 3-4; Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page 12 of30 Testimony of Ms. Fassbind; Testimony of Mr. Armstrong; Testimony of Mr. Pilcher; Testimony of Mr. Welsh; Testimony of Mr. Ferko. 20. City Council Remand Issue Number 3: The development of transitional areas between these projects and adjacent developments and environmentally sensitive areas. A. Zoning Surrounding land uses consist of residential development and vacant land. Residential development is comprised of low (zoned Rl - 1 du/acre) and semi-rural (1 du/2.5 - 5 acres) densities to the east and south, with the possibility of higher density PUD development on the vacant parcel to the west (Kersey III, Division III). Parcels west of the proposed Kersey III, Division III site are comprised of Lakeland Hills, a high density PUD development. Parcels to the north are a mixture of vacant land (zoned Rl) and natural (mineral) resource lands. The subject property has been zoned R-l Single Family Residential (Rl) since 1987 and was designated as Single Family Residential under the City's Comprehensive Plan in 1995. The Comprehensive Plan contemplates the bulk of single-family residential communities developed at a density of four to six dwelling units per acre. The Applicants proposed development at an overall density of 4.12 du/acre with lot sizes ranging from 4,000 to 8,354 square feet and averaging 4,990 square feet. The proposed density is consistent with City standards. B. Comprehensive Plan Designation The Comprehensive Plan for the City of Auburn addresses the issue of transition in the context of incompatible land uses and densities. Policies of the Comprehensive Plan state the site design should utilize and preserve features, including topography, open spaces, and vegetation, to separate densities and that landscaped buffers or other measures should be utilized to separate uses. C. Setbacks ACC 18.69.080(B) requires setbacks from the perimeter of the PUD that correspond to the requirements of the adjoining zoning districts. ACC 18.08.040(E)(4) requires a 35-foot rear yard building setback line (BSBL) within the RR zoning district and ACe 18.12.040(E)(4) requires a 25-foot rear BSBL within the Rl zoning district. Pierce County Code (PC C), Table 18A.17.030(B)(2)(l), requires a lO-foot rear yard setback within the MSF zoning district. The Applicants proposed a 35-foot BSBL on the eastern border of the site and a 25-foot BSBL on the subject property's southern border with Pierce County. Proposed residential development within the northern portion of the PUD/plat is set back 200 to 600 feet from Kersey Way and is further screened by vegetation and topography. The Applicant intends to construct a six-foot high solid wood fence along the southern and eastern borders to provide additional screemng. D. Public Comment Public comments were received on the issue of transition. Comments submitted stated that the transition from the dense Lakeland Hills PUD to the neighboring rural communities was to abrupt; that Kersey III should be a buffer zone between two extremes - the higher density development of Lakeland Hills and the existing lower density development to the east and south; and that the higher density would not blend with the existing rural neighborhood. Neighboring property owners argued that Kersey III provides no transition between low density (one acre lot), the proposed density (4,000 to 8,354 square feet), and the Lakeland Hills density Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page I3 000 (7,200 to 10,000 square feet). Neighboring property owners also asserted that a 25-35 foot BSBL and/or a six foot high fence does not provide adequate buffering and/or screening of uses. E. Environmental Sensitive Areas Environmentally sensitive areas are primarily contained within open space tracts. Recommended conditions of approval require a three to four foot high two-rail fence to separate all residential properties that border on an open space, park, or stormwater drainage area. The purpose of the fence is to delineate private property from common areas and to prevent encroachment by the property owner into the common areas. Maintenance ofthis fence shall be the responsibility of the Homeowners' Association. Facts presented in Findings of Facts Numbers 20(A), 20(B), 20(C), 2Q(D), and 20 (E) relied on the following evidence: General Findings of Fact No.5, Sept. 2005 FCR; Specific Finding of Fact Nos. 2, 4, and 5; Sept. 2005 FCR; Chapter 3, Land Use Policies LU-26, LU-27, LU-28; Exhibit 1, Staff Report, Pages 7-9, 12; Exhibit 5, Preliminary Plat Cover Sheet; Exhibit 6, Applicants' Response Matrix, Page 4; Exhibit 19, Comments by Peters; Exhibit 20, Comments by Davis; Exhibit 27, Comments by Koch; Exhibit 36, Applicants' Response, Pages 5-6; Testimony of Mr. Gould; Testimony of Mr. Bykonen. 21. City Council Remand Issue Number 4: The building and structural designs that complement surrounding land uses and their environment, reflecting quality site design, landscaping, and building architecture required under the Auburn pun ordinance. A. Design Standards ACC 18.69.080(D) provides design standards requirements for PUDs including building orientation, varied facades, continuity and compatibility of structures, colors, screening, lighting, and landscaping. The Applicants' architect, Patrick McBride, stated that the architectural intent behind Kersey III was to ensure consistent, compatible, and attractive residences which portray a sense of architectural integrity, quality, durability, residential character, and innovative design. Residences are to be designed on a pedestrian scale with sensitivity to the site. Site design elements proposed for the development include variations in footprint and/or orientation on the lot; front setbacks; driveway locations and materials; accent materials such as natural stone, columns, and shutters; front porches that promote pedestrian connectivity; decks and other architectural features; de-emphasis of garages by blending garage doors with the character of the residence; differing roof types and window designs; and spacing of homes with identical elevations. The Applicant submitted a Preliminary Overall Landscape Plan that depicts areas to maintained with native vegetation, park amenities, and street tree landscaping. B. Lot Coverage The Applicants assert that in order to meet (ACC 18.69) PUD standards for quality site design and building architecture the lot coverage variance must be granted. The Applicants stated that the five- percent increase in allowable lot coverage is to allow flexibility in home design that would satisfy the PUD guidelines and prevent a "cookie cutter" look with all homes sharing a similar footprint. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page 14 of30 C. Public Comments Public comments were received on the issue of design. Neighboring property owners stated that the Applicants' revised proposal reduces the total number of residences by six and modifies the average lot sizes from 3,800 square feet to 8,400 square feet to 4,000 square feet to 8,400 square feet with only 10 lots greater than 7,000 square feet. Neighboring property owners argued that the proposed design does not create compatibility with Lakeland Hills which has lots ranging from 7,200 square feet to 10,000 square feet nor does it have the look and feel of sub-communities similar to Lakeland Hills. Neighboring property owners assert that the proposed PUD/plat does not provide the quality of design required by ACC 18.69. Facts presented in Findings of Facts Numbers 21(A), 21(B), and 21(C) relied on the following evidence: Exhibit 1, Staff Report, Pages 5 and 7; Exhibit 6, Applicants' Response Matrix, Pages 4-5; Exhibit 7, Applicant's PowerPoint and Architect Narrative; Exhibit 15, Landscape Plan; Exhibit 26, Comments by Galeno; Exhibit 36, Applicants' Response, Page 6; Testimony of Mr. McBride; Testimony of Mr. Ferko; Testimony of Mr. Norris; Testimony of Mr. Galeno. 22. City Council Remand Issue Number 5: The parks and open spaces, and the adequacy of parks and open spaces located under Bonneville Power Administration power lines. A. Parks and Open Space Requirement ACC 18.69.080(A)(I) requires each PUD to set aside 20% of the gross area of the PUD as open space, which amounts to 17.86 acres for the Kersey III, Division I and II. Non-buildable areas (areas of greater than 25% slope, wetlands, or floodways (ACC 18.6.030(0)) may be used to meet no more than 50 percent of the open space area requirement. ACC 18.69.080(A)(2) provides that each PUD must meet the City's Park Plan standards for park dedication. Current standards are 6.03 acres of unimproved park land for every 1000 population of the plat. The City permits the required open space to meet all or a portion of the required parkland. The Applicants proposed 368 single-family residences, or approximately 920 people (based on 2.5 persons per residence), for a total requirement of 5.55 acres of park land. As part of the Applicants' original proposal, all of the park space and a large percentage of open space were being provided within Division 1. In the proposal for open space and parks, land encumbered by the Bonneville Power Administration (BP A) easement is the only site for active and passive recreation opportunities. Open space summary for the first proposal included 28.94 acres of open space (stormwater drainage, open space, parkland, entry signage, pedestrian pathways) with 15.82 acres in areas ofless than 25%. Of the 15.82 acres, a total of 6.11 acres was designated as park land. In the revised proposal, the Applicants increased both the amount of open space and parkland, providing four new parks with two parks for active recreation and two for passive recreation. Open space now includes 29.64 acres (33.19% of gross area) with 18.12 acres in areas of less than 25%. A total of 9.17 acres has been designated as parkland (includes open space, parks, and pedestrian pathways but not acreage within the BP A easement) with the parks dispersed throughout both Division I and Division II as opposed to centrally located. The total park space is in excess of the amount required by the City's Park Plan. All of the proposed park facilities would be built by the Applicants concurrently with the plat. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUDlPreliminary PlatlYariance - ON REMAND Page 15 of30 B. BPA Easement The western 300 feet of Parcels 322105-9015 and 322105-9017 (Division I) are encumbered by an easement held by the BP A for a high-voltage power transmission lines. The BPA easement encompasses approximately 12.51 acres. In both the original and the revised proposals, the Applicants would utilize this area to satisfy both open space and park requirements for the development. On August 30, 2005, the Applicants entered into a Land Use Agreement with BPA allowing for the construction/installation of roads, utilities, trails, landscaping, a park, and park appurtenances within the easement. BP A has entered into similar relationships with other developers within the Puget Sound Area as it provides an efficient use of land and assures maintenance of the BP A easement. The Land Use Agreement contained 15 conditions including the location of structures in relationship to BP A transmission line towers, landscaping, and a minimum path width of 16 feet. C. Revised Parks and Open Space Plan The revised proposal would retain the BP A easement area in open space and provide a walking trail. The Applicants' drawings note the path width as 12 feet as opposed to the 16 feet width required under the Land Use Agreement. Walking trails would also be provided in Tract B (Division I) and Tract F (Division II). The walking trail in Tract B would provide a par-course (exercise stations). A playground area would be provided in Tract Q (Division I) and Tract P (Division II). Tract P would also have a half-court sports court. Tract Q would have a sports field, including baseball diamond, a full basketball court, open lawn area, and walking trail. All park areas would have picnic tables and benches. On-street parking would be provided in the vicinity of the active recreations areas (ballfield and playgrounds) including along Roads A, E, G, and K. Pedestrian pathways throughout the plat allow for safe walking to and from park areas. D. Vegetation All parks would retain existing vegetation when possible. Tree removal would be required in Tract B and Tract I to accommodate road construction and in other open space/park tracts to allow for the construction of recreational amenities (ballfields, playgrounds, walking trails) and stormwater drainage. E. City Review The City of Auburn Park's Department and City Parks and Recreation Board reviewed the Applicants' proposal. Although the City did not grant full credit for the use of land encumbered by the BP A easement, it determined that the Applicant's proposal conforms to City standards. Facts presented in Findings of Facts Numbers 22 (A), 22(B), 22(C), 22(D), and 22(E) relied on the following evidence: Specific Findings of Fact No. 21, Sept. 2005 FeR; Specific Findings of Fact No. 22, Sept. 2005 FeR. Exhibit 1, Staff Report, Pages 4, 5, and 7; Exhibit 5, Preliminary Plat, Sheets 3-5; Exhibit 6, Applicants' Response Matrix, Page 7-8; Exhibit 8, BP A Land Use Agreement; Exhibit 15, Preliminary PlatlPUD Plans; Exhibit 15, Landscaping Plan; Testimony of Mr. Pilcher; Testimony of Mr. Scamporlina; Testimony of Mr. Ferko; Testimony of Mr. Siedel. 23. City Council Remand Issue Number 6: Incorporation of adequate notification to future lot owners of the adjacent surface mining operations. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page 16000 A. Surface Mining At the August 2005 hearing, public comments were received with regards to the impact on neighboring natural resource lands, a 664-acre gravel mining operation owned by Segale Properties/ICON Materials lying north of the site. Segale/ICON expressed concern that a dense residential development would have the potential for generating homeowner complaints pertaining to air, noise, light, traffic, and safety. Furthermore, Segale/ICON submitted the construction of Kersey III would generate traffic congestion and other safety situations, impacting the mine's operation. Conditions of approval require that a notice be placed on the final plat, all building permits, and all individual lot deeds as required by RCW 36.70A.060. B. Modified Condition of Approval For the February 2006 Remand Hearing, Segale/ICON Properties submitted additional co~ments, seeking to modify a condition to make it more clear to potential buyers that mining activities are currently on-going at the site. This condition would protect the mining activities as well as the interests of the City and the developers. The wording proposed by Segale/ICON is acceptable to the Applicants and the City. Facts presented in Findings of Facts Numbers 23(A) and 23(B) relied on the following evidence: Specific Findings of Fact Nos. 11; 12, and 13, Condition No. J, Sept. 2005 FCR; Exhibit 6, Applicants' Response Matrix, Page 7; Exhibit 17, Correspondence from Segale; Testimony of Mr. Pilcher. 24. City Council Remand Issue Number 7: Protection of waterways and the development's proposed stormwater system. A. Water Supply Water would be supplied by the City of Auburn - Valley Water System. Existing water supplies are sufficient to serve the needs of the development. The Applicants would be required to construct a booster pump station at the comer of Oravetz Road and Kersey Way SE and extend a water line along Kersey Way and Evergreen Way, connecting to the existing lines in the Lakeland Hills development. Although the PUD/Plat would be served by City water, adjacent properties are served by private wells. Documentation was not submitted as part of the record in regards to impacts on the sanitary control areas (SCA) for the private wells. B. Private Wells Neighboring property owners stated that wells in the area have gone dry and the City has been forced to request supplemental water from the City of Bonney Lake. In addition, the neighbors asserted that the City has given no assurance as to what impact the PUD/Plat, or the recent sale of water rights, would have on the water level in Lake Tapps and, subsequently, the City's aquifers. C. Protection ofWaterwavs Bowman Creek lies north of the subject property and is a tributary to the White River. The creek was a fish-bearing creek, supporting spawning grounds for salmon and bull trout populations. As noted in the DEIS, the creation of impervious surface within the project site would cause an increase in stormwater flow volumes that could cause downstream channel and bank erosion. The Applicants proposed to collect and convey stormwater to a standard two-cell wet/detention pond via catch basins and underground storm Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page 17 of30 drainage pipes prior to discharge into Bowman Creek. The drainage facilities, designed to the City's standards, are located on Tract A of both Division I and Division II and would operate as a single unit. An energy dissipater would be installed to reduce erosion and the admission of sediment into the creek system. The revised PUD/Plat contains modifications to the drainage facilities which increase both pond volume and wetpond surface area. Recommended conditions of approval incorporate high standards of design (IOO-year flood event) and enhanced erosion control features. The drainage facilities would be landscaped to screen from adjacent residential development. D. Public Comments Public comments were received into the record pertaining to storm water and water quality with many of the comments pertaining to impacts on Bowman Creek. Testimony voiced concern for both sediment and pollutant run-off that could impact Bowman Creek's water quality and fish and bird habitat. The Applicants asserted that while the development of the Kersey III PUD would not be the cause of the salmon's departure, development should not prevent restoration of water quality and the return of salmon. The Applicants stated that the design of the stormwater system should not prevent restoration. Facts presented in Findings of Facts Numbers 24(A), 24(B), 24(C), and 24(D) relied on the following evidence: Exhibit 1, Staff Report, Page 7; Exhibit 5, Preliminary Plat Map, Sheets 7, 9; Exhibit 6, Applicants' Response Matrix, Pages 7-8; Exhibit 14, Applicants' PowerPoint; Exhibit 15, Landscape Plan; Exhibit 22, Comments of Muckleshoot Tribe; Exhibit 23, Comments of Fassbind; Exhibit 27, Comments of Koch; Exhibit 31, Comments of Koch; Exhibit 32, Comments of Anderson; Exhibit 36, Applicant's Response, Page 5; Testimony of Mr. Pilcher; Testimony of Mr. Armstrong; Testimony of Mr. Chaffee; Testimony of Mr. Bykonen; Testimony of Ms. Koch; Testimony of Ms. Brooke. 25. City Council Remand Issue Number 8: Application of the Lakeland Fire Impact Fee to aid the City in developing fire facilities to serve the area south of the White River. A. Impact Fees Comments from the Auburn Fire Department were not submitted into the record for the August 2005 public hearing nor for the February 2006 Remand Hearing. Impacts on the fire services were considered during environmental review (Exhibit 7, DEIS, Pages 117- 119, Sept. 2005 FCR). To mitigate these impacts, City Planning Staff recommended that the Applicants pay a $470.16 Lakeland Fire Impact Fee in lieu of the City's standard fire impact fee of $290.13. The Applicants are not averse to paying the fire impact fee but requested that the City identi7 what is the reason for the fee. The Applicants asserted that, as required by RCW 82.02.020 , prior to assessing the higher impact fee the City must demonstrate that the condition is necessary as mitigation for an adverse impact of the project (a "nexus") and the extent of mitigation is 3 RCW 82.02.020 authorizes local governments to impose permit conditions on development if the conditions are reasonably related to the new development. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III RezonelPUD/Preliminary Plat/Variance - ON REMAND Page 18 of30 proportional. (Nol/an v. California Coastal Commission, 483 US 825 (1987); Dolan v City of Tigard, 512 US 374 (1994)). The Lakeland Fire Impact Fee was established through an agreement between the developers of Lakeland Hills PUD and the Auburn City Council. The fee was assessed to address fire department service in the remote location of the PUD and the lack of a fire station within close proximity to the PUD. The proposed PUD/Plat is within the same geographic area as Lakeland Hills and the additional impact fee would allow for the construction of additional facilities to serve the area, thereby promoting greater public safety. B. Public Comment Public comments were received on the issue. Neighboring property owners stated that the City of Auburn is currently experiencing explosive growth that is putting a strain on emergency services providers, such as police and fire. According to the neighbors, the nearest fire station is by the SuperMall, some 12 minutes away from the plat. Facts presented in Findings of Facts Numbers 25(A) and 25(B) relied on the following evidence: Exhibit 1, Staff Report, Pages 7 and 15; Exhibit 6, Applicant's Response Matrix, Page 8; Exhibit 28, "Sound the Alarm..."; Exhibit 36, Applicants' Response; Testimony of Mr. Pilcher; Testimony of Mr. Ferko. CONCLUSIONS Jurisdiction: Pursuant to Auburn City Code (ACC) 18.66, the Hearings Examiner is granted jurisdiction to hear and make recommendations to the City Council. Jurisdiction for the Hearings Examiner to make recommendations for an application for rezone is pursuant to ACe 14.03.040(D) and 18.68.030, for approval of an application for a PUD is pursuant to ACC 18.69.140, and for approval of a preliminary plat is pursuant to ACC 14.03.040(A) and 17.06.050. Criteria for Review: Along with the requirements set forth by the Washington State Supreme Court (rezones must be based on a change in neighborhood conditions and bear a substantial relationship to the public health, safety, and general welfare - Parkridge v. Seattle, 89 Wn.2d 454 (1978), in order to APPROVE A REZONE, the Hearings Examiner must find that the following criteria, as set forth in ACC 18.68, are satisfied: 1. The rezone shall be consistent with the Comprehensive Plan. 2. The rezone was initiated by a party, other than the City, in order for the Hearing Examiner to hold a public hearing and consider the request. 3. Any change or modification to the rezone request made by the Hearing Examiner or the City Council shall not result in a more intense zone than the one requested. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page 19 of30 In order to APPROVE A PUD, the Applicant must satisfactorily demonstrate that the proposed PUD achieves, or is consistent with, in whole or in part, desired public benefits and expectations. Pursuant to ACC 18.69.150, the proposal must demonstrate sufficient findings of facts to support the following: 1. The proposal contains adequate provisions for the public health, safety, and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, or sites for schools. 2. The proposal is in accordance with the goals, policies, and objectives of the comprehensive plan. 3. The proposal is consistent with the purpose of ACC 18.69, provides for the public benefits required of the development of PUDs by providing an improvement in the quality, character, architectural and site design, housing choice and/or open space protection over what would otherwise be attained through a development using the existing zoning and subdivision standards. 4. The proposal conforms to the general purposes of other applicable policies or plans which have been adopted by the City Council. 5. The approval of the PUD will have no more of an adverse impact upon the surrounding area than any other project would have if developed using the existing zoning standards of the zoning district the PUD is located in. 6. The PUD must be consistent with the existing and planned character of the neighborhood, including existing zoning and comprehensive plan map designations, and the design guidelines set forth in ACC 18.69.080(D). In order to APPROVE A PRELIMINARY PLAT, pursuant to ACC 17.06.070, the Applicants must have provided support for the following: 1. Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, and sites for schools and school grounds. 2. Conformance to the general purposes of the City of Auburn's Comprehensive Plan, to the general purpose of Title 17.02, and to the general purposes of any other applicable policies or plan which have been adopted by the City Council. 3. Conformance to the City of Auburn's zoning ordinance and any other applicable planning or engineering standard and specifications. 4. Potential environmental impacts of the proposal have been mitigated such that the proposal will not have an unacceptable adverse effect upon the quality of the environment. 5. Adequate provisions have been made so that the preliminary plat will prevent or abate public nuisances. In order TO APPROVE A VARIANCE, pursuant to ACC 18.70.010, the Hearing Examiner must find facts in support of the following: Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary PlatlVariance - ON REMAND Page 20 of 30 1. Unique physical conditions or exceptional topographical or other physical conditions peculiar to and inherent in the property which create practical difficulties or unnecessary hardship. 2. Strict conformity with Title 18 would not allow a reasonable and harmonious use of the property. 3. Variance would not alter the character of the neighborhood or be detrimental to surrounding properties. 4. Circumstances justifYing variance are not a result of the Applicants. 5. Literal interpretation of Title 18 would deprive Applicants of rights commonly enjoyed by other properties in the same zoning district. 6. Approval of the variance is consistent with the purpose of Title 18, the Comprehensive Plan, and the zoning district in which property is located. 7. Variance would not allow for increased density. Conclusions Based on Findings: 1. The rezone, PUD, and Preliminary Plat are consistent with the Comprehensive Plan, other applicable goals and policies of the City Council, and the ACC. The Director of Planning correctly determined the proposal was consistent with the Comprehensive Plan. Conclusions in the EIS concurred with this result, finding several goals and policies of the Comprehensive Plan satisfied by the development, including improving the City's transportation network; creating and maintaining park land and open space; developing diversity of architectural design; providing for adequate urban density; improvement to the City's public utility (water/sewer) system; and protecting streams and natural areas. The goals and policies of the City Council are embodied in the City's Comprehensive Plan and ACC. The Applicants' proposal is consistent with the City's Park Plan and Non-Motorized Plan. Proposed design standards comply with the purpose and intent of ACC 18.69. General Findings of Fact Nos. 2 and 5, Sept 2005 FeR; Specific Findings of Fact Nos. 2, 3, 4, 6, 7, and 8, Sept 2005, FeR; Findings of Fact Nos. 2, 3, 5, 9, 10, 11, and 12, Feb 2006 Remand Hearing. Rezone Criteria 2. The rezone was initiated by the Applicant-Property Owner and not the City. Pursuant to ACC 18.68.030(B)(l), in order for the Hearing Examiner to consider a rezone request, the City may not initiate the rezone. The Applicants are the owners of the property subject to the rezone. Finding of Fact Nos. 1 and 3, Feb 2006 Remand Hearing. 3. Conditions in the area have substantially changed and the rezone bears a substantial relationship to the public health, safety, morals, or general welfare. The Applicant has the burden of proof in demonstrating that conditions have substantially changed since the original zoning and that the rezone bears a substantial relationship to the public health, safety, morals, or general welfare. Parkridge v. Seattle, 89 Wn.2d 454 Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary PlatlVariance - ON REMAND Page 21 of30 (1978). A variety of factors may satisfy a change in circumstances, including changes in public opinion, local land use patterns, and on the property itself. Bjarnson v. Kitsap County, 78 Wn. App. 840, 846 (Div. 1, 1995). The City and the Applicants stated that the area where the subject property is located has experienced significant development as a result of the Lakeland Hills PUD; population growth within the City of Auburn; overall market conditions in Puget Sound which are creating a demand for smaller lots; topography making the land more suitable for the flexibility of a PUD zoning district; compliance with the urban density requirement of the GMA; and compatibility with the existing PUD community. Development of the site would provide new homes for the growing community and improvements to infrastructure. Changes in both land use patterns and public opinion, along with the requirements of the GMA and the Comprehensive Plan designation, provide justification for the rezone. General Findings of Fact Nos. 2 and 5, Sept 2005 FCR; Specific Findings of Fact Nos. 2, 3, 4, 6, 7, and 8, Sept 2005 FCR; Findings of Fact Nos. 2, 9, and 10, Feb 2006 Remand Hearing. 4. The Hearing Examiner is not recommending any change or modification to the rezone request that will result in a more intense zone than the one requested by the Applicant. Planned Unit Development/Preliminarv Plat Criteria 5. The PUD/plat proposal contains adequate provisions for the public health, safety, and general welfare and for open spaces, drainage ways, streets, alleys, water supplies, sanitary wastes, parks, playgrounds, or schools. The Applicants have made provisions for internal streets with sidewalks for pedestrian safety, these include safe walking for school children and pedestrian passage ways for park and open space access. The EIS mitigation measures and conditions of approval would provide for traffic improvements and traffic control/calming devices to ensure safety within and to the community. The development would be served by City water and sanitary sewer. Storm water facilities would collect and convey run-off, utilizing an energy dissipater to reduce sedimentation output. Applicants have provided for a total of 29.64 acres of open space, of which 9.17 acres are to be developed for both active and passive recreation with an additional 12.51 acres of open/park space provided within the BP A easement. The open/park space is generally provided in a contiguous block so as to provide corridors for wildlife. The PUD would be served by City of Auburn water and sanitary sewer, both of which have adequate capacity to serve the needs of the community. School impact fees would mitigate the increase in student population. Development of over 350 homes at varied price levels serves the general welfare and growing housing needs of the community. Specific Findings of Fact Nos. 14, 15, 16, 18, 20, 21, and 22, Sept 2005 FCR; Findings of Fact Nos. 14, 15, 16, 17, and 18(B)-(C), 19(A)-(F), 21 (A)-(C), 22 (A)-(E), and 24(A)-(D), Feb 2006 Remand Hearing. 6. The proposal is consistent with the purpose of ACC 18.69, and provides for the public benefits required of the development of PUDs such as preservation of natural amenities, creation of pedestrian-oriented communities, efficient use of land, development of transitional areas, innovative/aesthetic building and Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page 22 of 30 structural design, creation of parks and open spaces, provision for affordable housing. A PUD must provide certain public benefits. The Applicants proposed to preserve natural amenities and sensitive areas through the use of open spaces and parkland. The preliminary plat and its associated conceptual design demonstrate a pedestrian-oriented community with sidewalks, pedestrian passageways, and parks for both active and passive recreation that are dispersed throughout the development. The plat is structured to utilize the property efficiently by layout, house design, and open space. Homes would not be facing the residential collector, Evergreen Way SE, and would be separated from the arterial collector, Kersey Way SE, by 200 to 600 feet of open space. Setbacks and privacy fencing would separate the development from adjoining low-density residential areas. The Applicants proposed a variety of architectural styles, providing a varied streetscape, and have submitted landscape plans. The Applicants proposed over nine acres of active and passive recreation parklands with additional acreage provided by the BP A easement. Affordable housing is a concern within the entire Puget Sound area and . the PUD/plat would provide homes ranging in price from $400,000 to $700,000, providing a range of options for potential buyers. Specific Findings of Fact Nos. 4, 5, 14, 15, 16, 18, 19, 20, 21, 22, and 23, Sept 2005 FCR; Findings of Fact Nos. 5, 6, 18(A)-(D), 21(A)-(C), 22(A)-(E), Feb 2006 Remand Hearing. 7. The approval of the pun will have no more of an adverse impact upon the surrounding area than any other project would have if developed using the existing zoning standards. The property is currently zoned R-I, which could allow for development of up to 89 dwelling units on site. However, probably only 60-65 dwelling units would be allowed to be constructed due to the presence of non-buildable areas (steep slopes, BP A easement), infrastructure, and park requirements. Applicants seek to develop 368 dwelling units. Development of over 350 dwelling units would undoubtedly have more impact than the existing zoning standard but the PUD is providing a significant amount of open space, park land, and infrastructure improvements to the community. Connection to City water and sewer would have less impact on groundwater quality and quantity then installation of private wells and/or on-site septic systems. Location and design of open space would provide a contiguous corridor for wildlife and scenic views. Development of the site with homes on one acre lots would result in substantially more fragmentation, creating greater impacts on wildlife and associated habitat along with scenic view corridors. Specific Findings of Fact Nos. 2, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, and 23, Sept. 2005 FCR; Findings of Fact Nos. 1, 9,10,13,14,16,17, 18(D), 20(A), 20(E), and 22, Feb 2006 Remand Hearing. 8. The pun is consistent with the existing and planned character of the neighborhood. Surrounding land use consists of natural resource land (gravel pit), low-density residential development, and the Lakeland Hills PUD. The Comprehensive Plan Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page 23 of30 designation for the area is Single-Family Residential which endeavors to develop land with this designation at a density of four to six dwelling units per acre. Development would be consistent with the character of the neighboring Lakeland Hills community and with the Comprehensive Plan designation. The PUD would be screened from low- density development in the north/northwest by the site's topography and the retention/enhancement of vegetation. The Applicants would provide 25 to 35 foot rear yard setbacks and privacy fencing to buffer low-density development to the east and south. Conditions of approval would require a minimum of one tree per rear yard to further buffer between adjacent uses. General Findings of Fact No.2, Sept 2005 FCR; Specific Findings of Fact Nos. 2, 3, and 8, Sept 2005 FCR; Findings of Fact Nos. 3, 4, 10, 11, 18(B), 20(A)-(E), 21 (A), 21 (C), Feb 2006 Remand Hearing. 9. The pun and Preliminary Plat conforms to the City of Auburn's zoning ordinance and any other applicable planning or engineering standards and specifications and to other applicable policies or plans adopted by the City Council. With conditions, the Applicants' proposal for the PUD complies with all related City codes and standards. Specific Findings of Fact No. 23, Sept 2005 FCR; Findings of Fact Nos. II, Feb 2005 Remand Hearing. 10. Potential environmental impacts of the proposal have been mitigated such that the proposal will not have an unacceptable adverse effect on the quality of the environment. According to the EIS, wildlife and their associated habitat would be directly affected and no mitigation measures were available to ameliorate this impact. Wildlife would suffer from loss of native vegetation, fragmentation of habitat, reduction in native populations, and disturbance in retained habitat due to human encroachment. While these impacts can not be adequately mitigated, none of the impacted species is listed as endangered, threatened, or sensitive pursuant to the Endangered Species Act. The design of open/park space does provide habitat for wildlife in a contiguous, as opposed to fragmented manner, and retention of native vegetation would assist in preserving habitat. In addition to wildlife impacts, off-site streams would be effected by the increase in impervious surface that would affect the hydrology of the area due to a change in recharge patterns. The Applicant would be required to provide technology to control sediment/erosion thereby lessening impacts to water resources and fisheries habitat. Public Services - Police, Fire, Schools - would all be impacted by the increased population generated by the development. Conditions of approval require the Applicants to pay impacts fees to mitigate these public service impacts, including fire and traffic impacts fees higher than those that are mandated under the ACC. Specific Findings of Fact Nos. 9, 10, 11, 12, 13, 14, 15, 16, 19,20, and 22, Sept 2005 FCR; Findings of Fact Nos. 12, 13,14,15,16,17, 18(A)-(E), 19(A)-(F), 20(E), 22(A)-(E), 23 (A), 24(A)-(D), and 25(A)-(B). Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III RezonelPUD/Preliminary Plat/Variance - ON REMAND Page 24 of 30 11. Adequate provisions have been made so that the preliminary plat will prevent or abate public nuisances. Public Nuisances are addressed generally throughout the ACC and are addressed directly in ACC 8.12. A public nuisance affects public health and property values by creating visual blight, harboring rodents and/or pests, or creating unsafe pedestrian and traffic situations. Compliance with City design standards for road safety (width, sidewalks, and visibility) would ensure safe pedestrian and traffic access within the development. As conditioned the development of a Homeowners' A~sociation and the associated Covenants, Conditions, and Restrictions would ensure that visual blights and dangers to public health are reduced/eliminated, thereby promoting both general public welfare and property values. Specific Findings of Fact Nos. 16, Sept 2005 FCR Variance Criteria 12. The subject property does not possess physical conditions or exceptional topographic features that warrant deviating from the applicable design requirements nor does strict conformity with ACC Title 18 fail to allow reasonable and harmonious use of the property which would justify a variance. Findings of Fact Nos. 6, 21(A)-(C), Feb 2006 FCR. RECOMMENDATION Based on the Findings of Facts and Conclusion of law, the Hearing Examiner recommends to the Auburn City Council that the request for a variance from the required lot coverage be DENIED. Based upon the preceding Findings of Fact and Conclusions, the Hearing Examiner RECOMMENDS APPROVAL of the request for a rezone of 89.31 acres from R-l Single Family Residential to PUD, approval of the PUD, and approval of the Preliminary Plat, subject to the following conditions: 1. Pursuant to RCW 36.70A.060, the following notice shall be placed on the final plat and on all building permits and deeds issued within the Kersey III development (Division I and Division II): NOTICE: This property is near designated mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development. The owner of the mineral resource lands may, at any time, apply to the City for a permit for mining-related activities including, but not limited to, mining, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals. 2. Prior to the issuance of final plat approval for any phase containing an open space tract, the Applicants shall submit, or enter into an agreement to submit, a Declaration of Covenants, Conditions, and Restrictions that conforms to the requirements of ACC 19.69.200. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page 25 of 30 3. As part of the engineering/construction drawings submitted for the construction of interior improvements to the subdivision, Applicant shall also submit engineering/construction drawings for the construction of all park improvements as depicted on the drawings submitted (Exhibit 5). The park improvements shall be approved by the City of Auburn's Parks Director prior to the approval of the construction drawings for the plat. Any materials supplied and installed for the parks must meet current City Parks Department standards and be approved by the Parks Director prior to installation and final plat approval. 4. Proposed Conditions, Covenants, and Restrictions (CC&Rs) for the future Kersey III Homeowners' Association shall be submitted for review and approval by City Staff prior to final plat approval. This document shall include architectural design criteria for new homes and specify the financial means of maintenance of all common open spaces. 5. Home designs shall be consistent with the Kersey 3 Division I & II Conceptual Building Design Guidelines dated January 9, 2006 and the submitted conceptual drawings and photographs submitted with the application. The Architectural Design Guidelines shall be incorporated into the CC&Rs for the project. The final design guidelines shall include a color palette for proposed house exterior colors. In addition, the following conditions shall apply. a) Homes shall feature multiple roof pitches on their street-facing facades. b) Garages shall be set back a minimum of 20 feet from the front property line. No more than a two-car garage shall be used; tandem parking is acceptable. c) Home designs shall be varied such that no more than two homes sharing the same floor plan are located adjacent to one another 6. Final landscaping design shall be generally consistent with the Preliminary Overall Landscaping Plan, dated March 7, 2005, which was included with the Applicants' resubmittal for rezone, PUD, and preliminary plat approval (Exhibit 5, Sheets 3-5). The Applicants shall maximize the use of native and/or drought-resistant plants throughout the plat, including park and landscaped open space areas. Emphasis should be on the use of native vegetation, thereby mitigating the loss of native vegetation. 7. All lots abutting low-density residential development (Division I Lot numbers 19-62 and Division II Lot numbers 17-49) shall have, at a minimum, one tree in the rear yard setback to buffer the adjacent development from the PUD. 8. Any entrance sign shall be a low monument style with accenting landscaping. The number, style, and placement of signs and associated landscaping shall be approved by the Planning Director. 9. Fencing along the boundary of the plat shall be of consistent material, style, and color. The Planning Director shall approve such fences, which shall be equivalent to a six foot high solid wood fence. Any fencing to be erected adjacent to any of the planned pedestrian Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page 26 of30 pathways requires the approval of the Planning Director. All residential properties that border on a native/open space, park, or drainage tract (Tract A, B, C, D, and I) shall be separated from these areas by use of a two- rail wooden fence of approximately three to four feet in height. This fence shall delineate the property line and prevent encroachment by the property owner into the native/open space, park, or drainage tract. 10. Approval of the rezone and PUD are valid only upon approval and execution of the associated preliminary plat. 11. Applicants shall comply with all of the mitigation measures as noted on pages 9-19 of the Kersey III Preliminary Plat Final EIS (Exhibit 8 of the August 2005 Hearing), dated February 2005, and as otherwise noted throughout this recommendation. 12. Applicants shall construct a traffic signal at Evergreen Way SE and Kersey Way SE. This traffic signal must be constructed to the satisfaction of the City Engineer. 13. Applicants shall construct an active warning signal on southbound Kersey Way SE in advance of the intersection of Kersey Way SE and Evergreen Way SE. This active warning signal must be constructed to the satisfaction of the City Engineer. 14. Applicants shall provide auxiliary lanes at the intersection of Evergreen Way SE and Kersey Way SE. These auxiliary lanes must be constructed to the satisfaction of the City Engineer. 15. Prior to any final plat approvals, Applicants shall construct or post financial security for traffic controls to the satisfaction of the City Engineer at the intersection of Lakeland Hills Way and Evergreen Way SE. These traffic controls shall be designed and constructed as a round-about unless the City Engineer determines, based on design, that a round-about is not feasible. If the City Engineer determines that a round-about is not feasible, then the traffic controls shall be designed and construction as a traffic signal. 16. Prior to any final plat approvals, Applicants shall construct or post financial security for traffic calming and pedestrian safety amenities on Evergreen Way SE, in the vicinity of the park area near Olive Avenue. These traffic calming and pedestrian safety amenities must be constructed to the satisfaction of the City Engineer. 17. The EIS states that there are unavoidable significant impacts on the environment, namely impacts on wildlife populations and their associated habitat. Two main impacts pertain to loss of native vegetation and fragmentation of habitat. Applicants shall endeavor to provide for preservation of a wildlife habitat by creating a corridor containing native vegetation, thereby mitigating these impacts. 18. Applicants shall engage in meaningful consultation with the Auburn School District. Communications should not merely seek to ensure that the school district can provide transportation, but that schools have the capacity to serve the students generated by the proposal without burdening or creating overcapacity at any school. Applicants shall be Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page 27 of 30 responsible for all school impact fees III a manner consistent with local and state law requirements. 19. 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 submitted and approved by the City of Auburn. The purpose of the plan should be to accomplish the maximum amount of grading at one time to limit or avoid the need for subsequent grading and disturbance, including grading of individual lots 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 near by 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 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 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) and/or the City's Critical Areas Ordinance. 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 geo-technical 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. 19. Prior to final plat approval, a supplemental evaluation of stream channel conditions along Bowman Creek in vicinity of Stream Station 14+00 must be completed, including the off-site erosion feature observed at the outlet of the culvert under Kersey Way and near Bowman Creek. Appropriate mitigation shall be proposed to eliminate the observed erosion as well as any erosion determined be present from the supplemental evaluation of stream channel conditions along Bowman Creek. 20. 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 address or incorporate landscaping utilizing native vegetation, minimal side slopes, safety, maintenance needs, and function. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary PlatlVariance - ON REMAND Page 28 000 Prior to final plat approval, a landscaping plan with applicable cross-sections is required to demonstrate that storm drainage pond aesthetic requirements consistent with City standards can be accommodated on-site. Storm drainage facilities shall be provided consistent with the City of Auburn Design Standards. In order to achieve this, the following design elements must be incorporated into the final design: · Vehicle access for maintenance to all proposed storm drainage structures is required. To provide an adequate and safe storm pond access, an appropriately designed pull- off shall be provided from Kersey Way SE to serve the pond. · 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. Maintenance access shall be provided to all structures proposed to be in public ownership. The remaining portions of this system shall be placed within a tract dedicated to the Homeowners Association for maintenance and operation. 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 outlet to the storm drainage pond. To enhance the water quality of the discharge leaving the site, appropriately designed aeration shall be provided within the storm pond. Given the existing on-site drainage deficiencies in the vicinity of Kersey Way near 53rd Street SE, and subsequent flooding of the intersection, an appropriately designed storm drainage system shall be constructed to mitigate this condition. 21. The location and alignment of the force main and the proposed pump station shall be coordinated with adjacent property owners and the City to ensure it provides service to the desired basin. The public sanitary sewer pump station shall be located as directed by the City Engineer in order to allow room for large vehicle turnarounds so City vehicles do not have to back into public right-of-ways. The applicant shall provide sanitary sewer stub to the south property line located between Lots 27 and 28 of Division 1. The applicant shall provide an easement for possible future extension of the sanitary sewer system located at the SE comer of Tract D, Division 1. 22. All roads within the plat must be constructed to City standards (except where deviations are granted by the City Engineer) and shall be dedicated as public right of way. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page 29 of 30 23. The Applicants shall construct Evergreen Way to City standards for a residential collector arterial including a 10 foot landscaped center median/turn lane area through the plat boundaries. 24. The Applicants shall also construct median treatments to match the 10 foot center median/turn lane within the plat on the existing roadway west to Lakeland Hills Way, to the satisfaction of the city engineer. 25. The Applicants shall redesign pedestrian crossings at Road G and Evergreen Way and Road A and Evergreen Way to provide additional pedestrian refuge, to the satisfaction of the City Engineer. 26. The Applicants shall construct a minimum 10-foot wide shared multi-use path, separated by a five foot landscape strip from the road, on the west side of Kersey Way for the length of. the site frontage along Kersey Way, to the satisfaction of the City Engineer. 27. The Applicants shall construct Kersey Way to a modified city standard for a minor arterial road, to include a 12 foot center turn lane, a 12 foot through northbound lane, a 12 foot through southbound lane, appropriate right turns lane{s) at the intersection with 53rd Street SE, a five foot landscape strip and a minimum lO-foot wide shared multi-use path on the west side. All other features about the road such as vertical curb, storm drainage and lighting must meet city standards. 28. The Applicants shall create a 50-foot right of way stubbing to the south plat boundary, through the location of lots 27 and 28, Division I, to align with 176th Avenue East. 29. A traffic impact fee equivalent to the fee being collected for the Lakeland Hills South PUD shall be paid at the time of building permits for individual homes. 30. A fire impact fee equivalent to the fee being collected for the Lakeland Hills South PUD shall be paid at the time of building permits for individual homes. 31. The Applicants shall comply with all conditions set forth in the Land Use Agreement entered into by the Applicants with the Bonneville Power Administration (Exhibit 8). The Land Use Agreement set forth 15 conditions, including, but not limited to landscaping, distance from transmission line towers, and a minimum path width of 16 feet. Decided this 2.L day of March, 2006. J es Driscoll earings Examiner for the City of Auburn Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Kersey III Rezone/PUD/Preliminary Plat/Variance - ON REMAND Page 30 of 30 , ~.11B~ .. /' e- ~ ~ \\(II ~ I / .'~. >- J :0--:.. 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Exhibit 2 RESOLUTION NO. 3947 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REMANDING THE APPLICATION FOR PRELIMINARY PLAT APPROVAL FOR RESIDENTIAL SUBDIVISIONS KNOWN AS KERSEY 11/ DIVISIONS 1 AND 2, AND REQUEST FOR A REZONE OF THE PROPERTY FROM R-1 SINGLE FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT TO THE HEARING EXAMINER WHEREAS, on or about April 8, 2005, Wayne Jones on behalf of Lakeridge Development and Joyce and Peter Bowles on behalf of landholdings, LlC, applied to the City of Auburn, Washington for approval of Application Nos. PL T05-0001, Pl T05-0002, REZ05-0001, REZ05-0002, PUD05-0001, and PUD05-0002, requesting preliminary plat approvals for a 169 lot single family residential subdivision known as "Kersey'" Division 1" and a 204 lot single family residential subdivision known as "Kersey'" Division 2", and requesting approval of a rezone for approximately 89.31 acres from R-1 Single Family Residential to PUD Planned Unit Development along with approval of a Planned Unit Development, in Auburn, Washington; and WHEREAS, said applications were determined to be complete pursuant to Auburn City Code on June 8, 2005; and WHEREAS, said requests were referred to the Hearing Examiner for study and public hearing thereon; and --------.------ Resolution No. 3947 November 15, 2005 Page 1 of 4 fxH-1 fJ( T 3 WHEREAS, following staff review, the Hearing Examiner conducted a public hearing to consider said applications in the Council Chambers of the Auburn City Hall on August 9, 2005; and WHEREAS, thereafter, on September 2, 2005, the Hearing Examiner submitted his recommendations to the City Council for approval of the preliminary plats and rezone and planned unit development subject to conditions; and WHEREAS, at its regular meeting of September 19, 2005, the City Council voted to conduct a closed record hearing on ,the Hearing Examiner's recommendations; and WHEREAS, a closed record hearing was held on October 3, 2005 and continued on October 17, 2005, at which time the City Council considered the Hearing Examiner's recommendations and the material presented to the Hearing Examiner and the argument made to the City Council at the said closed record hearing; and WHEREAS, some of the arguments and comments received at the closed record hearing concerning matters related to the record drew into question significant portions of the Hearing Examiner's recommendations; and WHEREAS, after the closed record hearing, the Council asked the developers if they would be willing to accept the additional time it would take if the requests were remanded back to the Hearing Examiner for further review and consideration of issues raised by the Council, and the developers' --...-------...--....- Resolution No. 3947 November 15.2005 Page 2 of 4 representatives declined the offer, the City Council voted to deny the applications; and WHEREAS, on November 10, 2005, the applicants communicated to the City a willingness to waive the 12O-day project review timetable otherwise applicable for processing the applications and a willingness to have the applications remanded to the Hearing Examiner. NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The City Council remands the applications back to the Hearing Examiner to re-open the record and. consider how the development addresses or affects the following issues: (1) Open spaces and the protection of sensitive environmental features, such as steep slopes, mature trees, wetlands and scenic views. (2) Use of traffic management and design techniques to reduce potential traffic congestion, particularly along Kersey Way, and promote alternative modes of travel. Consideration should be given to applying the lakeland PUD traffic impact fee structure in responding to similar impact areas located south of the White River. (3) The development of transitional areas between these projects and adjacent developments and environmentally sensitive areas. (4) The building and structural designs that complement surrounding land uses and their environment, reflecting quality site design, landscaping and building architecture required under the Auburn PUD ordinance. -------------- Resolution No. 3947 November 15, 2005 Page 3 of 4 (5) The parks and open spaces, and the adequacy of parks and open spaces located under Bonneville Power Administration power lines. (6) Incorporation of adequate notification to future lots owners of the adjacent surface mining operations. (7) Protection of waterways and the development's proposed storm water system. (8) Application of the Lakeland Fire Impact Fee to aid the City in developing fire facilities to serve the area south of the White River. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. This Resolution shall take effect and be in force upon passage and signatures hereon. -I- SIGNED and DATED this df... day of November, 2005. ~RN PETER B. lEWIS MAYOR ~ ~ ArrEST: ~~ City Clerk -----------..... Resolution No. 3947 November 15, 2005 Page 4 of 5 _._-_.,._--_.~.~-- <l--GHAV~ IJJ~ ~/'~ ~ ~ ~ ~ 0 ~ ~ "'" . ~' ~" ~(f I'VG ENG\tl~ CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES January 11,2006 HAND DELIVERY Steve Pilcher City of Auburn 25 West Main Street Auburn, W A 98001 RE: Submittal of Revised Preliminary Plat Application Documents to Address City Council Remand to Hearing Examiner Kersey III - Divisions 1 and 2 City File Nos. PLTOO-0040 and SEPOO-0040 Kersey Way N.E. and Evergreen Way N.E., Auburn, Washington Our Job No. 11394 Dear Steve: The preliminary plat plans have been revised pursuant to the City of Auburn's City Council Resolution No. 3947 dated November 21,2005. Enclosed are the following documents for your review: 1. Six (6) copies of the revised preliminary plat plans, revision dated January 11, 2006 2. Six (6) copies of a comment/response matrix listing each of the eight (8) remand items from City Council Resolution No. 3947 3. Six (6) copies of Auburn City Council Resolution No. 3947 remanding the preliminary plat application to the Hearing Examiner for review of eight (8) specific items as listed in the resolution 4. Six (6) copies of architectural renderings and conceptual building design guidelines 5. Six (6) copies of Bonneville Power Administration (BPA) Land Use Agreement dated August 30, 2005 approving roads, utilities, and parks within the BP A easement 6. Six (6) copies of excerpts from the DEIS and PElS that follow the comment/response matrix and described as follows: a. DEIS Section 3.1.3 (pages 40 & 41) b. DEIS Figure 13 RECBVED c. DEIS Section 3.1.3.4 (page 47) JAN 1 1 2006 d. DE IS Section 3.3 (page 55) PLANNING DEPARTMENT e. DEIS Figure 17 Exhibit 4 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FAX BRANCH OFFICES . OLYMPIA, WA . TEMECULA, CA . WALNUT CREEK, CA www.barghausen.com Steve Pilcher City of Auburn -2- January 11, 2006 f. DEIS Section 3.4.1.7 (pages 64 - 66) g. DEIS Figures 6, 7, and 8 h. PElS Section 3.2.1.3 (page 50) 1. Aerial Photo of site j. Aerial Photo of site and surrounding area We have met with the appropriate City staff to review the applicant responses to each of the eight remand comments. The plan revisions were completed as a result of these meetings as described in the attached comment/response matrix. Should you have questions or require additional information, please contact me at (425) 251-6222. Thank you for your assistance with this project. Respectfull y, Chris S. Ferko, AICP Senior Planner CSF/dm 11394c.016.doc enc: As Noted cc: Daryl Faber, City of Auburn (w/enc) Dan ScamporIina, City of Auburn (w/enc) Roger Nix, Land Holdings, LLC (w/enc) Wayne Jones, Lakeridge Development (w/enc) Dan Hayes, J.R. Hayes & Sons, Inc. (w/enc) Tom Young, J.R. Hayes & Sons, Inc. (w/enc) Robert J. Armstrong, Barghausen Consulting Engineers, Inc. Barry J. Talkington, Barghausen Consulting Engineers, Inc. Arthur M. Seidel, Barghausen Consulting Engineers, Inc. M "1:l 1:1 tIS .... ,.,; o ZI:I= 1:1 0 C) o'ti>l:I .- 1:1 = (I)..... 0 .S: .I:l U S;O ~ ~.- ~ U ~ cf 1:1 ~J..J.. 4> = = r:.::l.::l 4> = = ~<< '" 4> '" 1:1 o l:l.. '" 4> ~ '" -J.. 4> 4> 1:1 - bIl 1:1 ~ -= .... .~ '" .... 1:1 4> S S o U <g Qj b ;>. Ci gpb~ ';i ..... -g ~ 1:: ......_ Q ~ .l:) 0..::: 0 o Qt:: 0""..... 0..... 0. O:::l H U o .s -a 8 B ~ ~ ~ [ -5 0 ~ 0. & {/}E-<E-< ~ ~ bl) +-f G,) "'- <+-<en ~oo... <ll o -0 ~.= v 0 ~ ;>. 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"tlOO .....:l.~ ~o5 o 0 0 :::l ...c:........o ..... 0 tt: {/} '+-<0 o~gp~~ Q......- .... 0 00 0.. ell > .~ ell 00...... ell o.o...c:~ .~ S > ..... 0 -........(1)CO....... g;e"tli:;:B ~l.>::.s ~~ ........ 00 '-' VI S2 "'" <::i l Architectural Design Guidelines for, Kersey III. RECE4VED JAN 1 1 2006 PLANNING DEPARTMENT January 9, 2006 GMS # 0528 Purpose . Establish flexible design review criteria for new single-family detached homes within the Kersey III. Plat. Architectural Intent · Ensure home design is based on a consistent, compatible, and attractive architecture. · Ensure the homes portray a sense of architectural integrity, building on market acceptable architectural themes. · Ensure that new homes are designed with sensitivity to the site, as well as pedestrian scale, and reflect a strong residential character for the neighborhood. · Ensure that new homes use building materials and architectural finishes in a manner that exemplifies quality, durability, and encourage innovative and imaginative architecture. Architecture DesiQn Criteria General: · Provide variety, compatibility, and visual interest by using assorted combinations of building elements, features, and treatments. · Homes with "identical elevation" type should be separated by at least two homes with different elevations. Homes with identical elevations should not be across the street from one another. · Differing roof types and articulation, window designs, surface materials, entryway treatments, and bay window treatments should be utilized in abutting homes along street frontages to achieve variety. · Entrances: Entrance to home areas should include an architectural feature such as a porch, stoop or other prominent entry feature. Specifically, a minimum of approximately 30 square-foot area that is oriented toward the front street. The transition area may include a porch, patio, deck, or garden with entry, walkway with arbor, lamp post, or other features that creates a progression of spaces from the public way to the individual private residence. · Variety of Home DesiQn: A combination of building elements, features and treatments should be repeated for continuity throughout the development. Exhibit 7 .. Architectural Design Guidelines Page 2 · DwellinQ Units: Dwelling units should be designed to have living space as the dominant feature from the street and to de-emphasize the garages. . · GaraQe Doors: Garage doors that face the street should feature windows, recesses, or moldings to help blend the doors with the character of the home. · GaraQe Placement: Garages facing the front street should be set back (approximately four feet) from the front elevation of the dwelling, or otherwise designed and placed in a manner that meets the intent of this section. (An example of such an alternative design would be recessing the garage face under a second-story or a projecting roofline, or placing an Architectural arbor, trellis or element to de-emphasize the garage doors.) Garages that face a direction other than the front street, such as side-loaded garages, are exempt from this requirement. Site DesiQn Elements that Provide Variety and Visual Interest: · Variation in home footprint and/or orientation on the lot · Consistent variation in front setbacks · Variation in driveway location, materials, and treatment patterns · Variation in type of driveway style (e.g., single or shared driveways). · Variation in porches, patios, arbors, trellises, low fences walls and/or landscape hedges. · Accent materials consisting of masonry, shingles, stone, fencing, and/or cultured products. Proposed Materials: · Home building materials should be selected to compliment and blend with the surrounding natural area. · Roof materials may vary in type and color. · Roof material should display three-dimensional visual texture. Acceptable materials include wood, tile, slate, metal, or high definition composition shingles. · Siding materials should vary in architectural style or color. Materials may include wood, stucco, masonry, or natural-looking synthetic materials. · Building materials and finishes that create glare impacts on adjacent properties should be avoided. · Optional chimneys on the exterior of the house are encouraged. Colors: · Exterior color palate should consist of earth tones "with complimentary trim and accents where appropriate. Accent colors should be used to provide emphasis to such elements as entry doors, dormers, building modulation, shutters, and trim elements. These colors may be bolder, but should compliment the earth tones of the home. Architectural Design Guidelines Page 3 . Roof Pitches and Materials · Primary roof pitch should range generally from 4: 12 to 12: 12. Pitches may be reduced or increased where potential views or individual architectural styles are proposed. . Variation of roof treatments, like roof eave brackets, gable end accents . Dormers at varying shapes and styles. . Other design features approved by the Code Administrator that provide variety and visual interest. . Gables, hips and/or other roof style variations with i.e. parapets, secondary roofs, dormers etc. facing the street are encouraged. Windows: . Solar access, through the positioning and sizing of windows will be encouraged. Skylights will be allowed to provide natural lighting with the home. . Reflective glass is not encouraged. Windows frames should be colored (white, beige, brown, etc.) Windows visible from the street or public open space should be trimmed to complement the front fayade of the residence. · Bay windows of various sizes, shapes and styles should be encouraged. LivinQ Space Orientation. Intent: . Building elevations and streetscapes should promote a pedestrian friendly and enjoyable neighborhood experience for residents. Dwellings, site, and streetscape design should incorporate features that bring living areas toward the street. . Entry door enhancement, such as a well-detailed door (multi-panel or doors with transom windows or glass side panels). . Variations of fascia and barge board combinations. . Residential/human proportions of both vertical and horizontal modulation of the house facades and composition. ,I jj: \\s<\L) Department of Energy Bonneville Power Administration 28401 Covington Way Kent, WA 98042 August 30, 2005 f li!,.1;",l[~ :.~~, t1 \~~ :-':-f:-'i : I" I; ... !.q SEP 0 62005 : ' L~r'4T~i In reply refer to: TRFN/Covington TRACT No. C-RE-150 CASE No. 20050350 LINE: Covington- White River No. I and 2 (blwn towers 8/2 and 8/5) & Chehalis- Covington (Btwn towers 63/1 and 63/4) CERTIFIED - RETURN RECEIPT REQUESTED RECBVED JAN 1 I 2006 PLANNING DEPARTMENT Mr. and Mrs. William and Debbie Jones Lakeridge Development, Inc. P.O. Box 146 Renton, W A 98057 LAND USE AGREEMENT Bonneville Power Administration (BPA) hereby agrees to your use of BPA's easement area for the construction/installation, use, and maintenance of roads, utilities (including storm drainage, sewer, water, gas, telephone, and cable), trails! roadways, landscaping to include trees, a park and park appurtenances all related to the development of the Kersey Plat. The location of your use is partially within the NW Y4 SW Y4 and SW Y4 SE ~ of Section 32, Township 20 North, Range 5, East Willamette Meridian, King County, State of Washington, as shown on the attached segment of BP A Drawing No. 15863, marked as Exhibit A and sheets 1-9 of Kersey Plat preliminary plat drawings submitted by the deveJoperand hereby referred to as Exhibits B through J. PLEASE NOTE: BP A is not the owner of this property. If you are not the oWner, you must obtain the owner(s)'permission to use this property. There may also be other uses of the property which might be located within the same area as.your project. This agreement is subject to those other rights. This agreement is entered into with the express understanding that it is not assignable or transferable to other parties without the prior written consent of BP A. BPA'S AGREEMENT IS CONTINGENT ON THE FOLJ"OWING CONDmONS: 1. Underground utilities such as gas, water, electric service and storm drains, shaH not come closer to the lattice steel tower leg.<; than 50 feet. Exhibit 8 " 2. Irrigation shall not be located directly under the BPA conductors (wires). Pressure of irrigation lines should ~ot be great enough to spray water on the conductors, including in the event of a broken sprinkler head. 3. Design the pedestrian trail to withstand HS-20 loading from BP A's heavy vehicles. BP A will need to use this pedestrian path to access structures. The path must be J 6 feet in width. 4. Access to transmission Ijne structures by BPA's maintenance crews shall not be interfered with or obstructed. 5. Provide an approach off edge of road wide enough to turn into. A minimum width of approach of 16 feet is required. ' 6. Fences shall have adequate gates of not less than 16 feet in width for the passage, of BP A's maintenance vehicles. Gates can be kept locked provided BPA is also permitted to install its own lock thereon. 7. Maintain a minimum distance of at least 50 feet between your facilities and the point where the transmission line steel lattice structure enters the earth. If this clearance cannot be met, install guard devices such as barriers, guardrails, or post,>, for the protection of BP A's structures. Specifications and installation plans for these protective Structures must be submitted to and approved by BP A prior to construction. 8. Maintain a minimum distance of20 feet between construction equipment and transmission line conductors (wires). 9. Grading, a.. shown on plans, is acceptable. There will be no grading within 50 feet from the point where the closest tower leg enters the earth. .10. Trees (landscaping) shall not exceed 10 feet in height, obstruct access to structures, or be planted within 25 feet of any structure. Trees (landscaping) which violate this permit may be removed by BPA personnel at any time. 11. Luminairs on the right of way shall not be closer to the conductors of the . power lines, at maximum sag, than 20 feet. 12. Nuisance shocks may occur within the right-of-way,. Grounding metal objects helps to reduce the level of shock. 13. Storage of flammable materials or refueling of vehicles/equipment is prohibited. 14. No vehicles larger than a pickup with camper Dlc'lY be parked within the right of way. 15. Construction/installation, use, and maintenance of the trail shall be at no cost to BPA. Other uses and utilities on the right-of-way must be applied for separately. 2 Case No. 20050350 Tract No. C-RE-S 10 v Yon ,shall not make any changes or additions to the permitted use of the right-of- way without BP A's review and written approval. IN ADDITION. TIIE FOLLOWING IS BROUGHT TO YOUR ATIENTION AND MUST ALSO BE COMPLffiD WITII: Hazard or Interference: The subject use of this easement area has been determined not to be a hazard to, nor an interference with, BP A's present use of this easement for electric transmission line purposes. Accordingly, there is no present objection to such use. However, if such use should, at any time, become a hazard to the presently installed electrical facilities ofBPA, or any facilities added or constructed in the future, or if such use should interfere with the inspection, maintenance, or repair of the same, or with the access along such easement, you will be required to remove such hazard or interference at no expense to BP A Liability: You will have to assume risk of loss, damage, or injury which may result from your use of the easement area, except for such loss, damage, or injury for which BP A may be' responsible under the provisions of the Federal Tort Claims Act, 62 Stat. 982, as amended. It is understood that any damage to BP A's property caused by or resulting from your use of the easement area may be repaired by BP A, and the actual cost of such repair shall be charged against and be paid by you. This Land Use Agreement becomes effective upon the commencement of use as set forth in the Agreement. If you have any questions or concerns, please notify us. This Agreement is a permit, revocable at wiU by the U.S., and does not convey any easement, estate, or interest in the land. IF WE DO NOT HEAR FROM YOU WITmN 30 DAYS FROM TIlE RECEIPT OF THE AGREEMENT, THE TERMS OF THE AGREEMENT WILL BE ASSUMED TO BE ACCEPTABLE. TIIE AGREEMENT WILL THEN BECOME A PART OF OUR PERMANENT FILE AND MAPPING SYSTEM. You may direct any communication to this office, Bonneville Power Administration, Real Estate Field Services (fRFN/Covington) 2840] Covington Way, Kent, W A 98042, or by telephoning Paul B. Woolson, at 253-63f-9154. ~:p Paul B. Woolson Realty Specialist Cc: Barry J. Talkington, P.E. Barghau.~n Consulting Engineers, Inc. J8215 12M Ave. So. Kent, W A 98032 3 Case No. 20050350 Tract No. C-RE-5JO ;:Ez ~,~ 'w ~ 10- cr:ili z~ to" '''' I- IfS '~ N8 ...., '0 lOa: ., 1fSa: , '" l- It)" ',", UJ_ 0" W'\ Cf) e~ J<( <(J ~~ 11I:1: rrO '<( z ,oi. ~. O2!; ,CI) CI) , x. llf-- po. zOo o~ a. 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S(fl'II!CfS lMo ~/7M ~* ~ I n ~ ~ 'I....,........ ~ -:: ~-1ij! ~~ fir!; ;i I;i; ii I~r;rp~ ~ ~l e ~ ~~ ~ ~ I~ I~ ~~ ~~ ~~ ~~ ~.~ a~ ~ ~ ~ i !~; ~ ~ ~ 5~ i i ~~ ~ ~ ! r~i I' ~ ~ ~ Mi, I I ~ ~,~I~ ; ~ li,~1 ! :/: ~ : f r t ~, 'i I,,"lif' 1'::I1!- '7 I' ;j '>/ !!~ """ '-;;+;;;.-+.;i<d;,;;:-l--------------.--=------- - PREUMlNARY OVERALL LANDSCAPE PLAN LANDHOLDINGS LLC, AND LAKERlDGE DEVELOPMENT KERSEY 3 [fHIE; r /S'" .'''1 I -urn :r>c r~ ~~ 0 z .. R 0 <l! ;0; ~~ ~~ 8~ ~~ ~ ~~ ~~ z~ ~ 0 I ~: ~~ 5~ !jl~~Ul I~ ~! ~~ ~5 ~ ~;~~ ~~ ~~ o"l ~~ ~~ ,,~ " ~ o~ fii c~ ;;,~ '0 ~~ ~~ !<l~ ~~ "~ ~ ~ o~ n ~a F;~ ~'il 00 0 0 ~>I~ ~ ~ ~~ g~ ~~ ~~ lh ~~ ~ ! ~~ !~ ~ ~~ n~ g; 8 ~ a; i'1 ~~~ ~~ ;o:a ~~ ~:t1 :a::l ~::I ~::I " ~~ ~~ 01'1 t' ~M 0::1 ~ 3:: ~ i~ ~ ~, ' I iill'1 1'8 1'8 86 w ~ ~~~ ~ ~ cO! ~- z ~ ~il :a :a >- z ~~;ji 3 n ~;'l f'1 ;'l ~~ ~ {;;o ~ ~ :c 8 i> r Ii -'i ~:D, . ~,;t:>, . ~r'\" \v ~,\-J . , ''1%'" ,~ , " ,,\.,,: .-, " I';, , ( , . ~. '-J ---" ,,<~'--LJ.LL'--.T' <, , '-J Ie u,~' , (J) 00 _~l:"..!LJ__d.~L_..Lf C5> '-J , , ~, i ~el; ~ ~II ~~~~ I" eZ" tl ~~~. !' -----~----~ 11394 ~GHA.~, (~- \:!~~" KERSEY 3 """ 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251-6-222 (4-25)2S1-8782 FAX - - '" LANDHOLDINGS LLC, AN) LAKERJDGE DEVaOPMENT PREUMINARY PARK ENLARGEMENT LANDSCAPE PlAN - lRACTS 'S' AND '0' CMl EHCINf.lRINC, tNIOPlN;NflG. SURVnlh'G, EN\II~OM.l[~Al. stFM:XS 1>0\. '/'J/ll& 4 10 bill l>i~I'~ 'M.- ,.., /;1' i:m ~ · ~ I ~ ~f~ ..~~' g I ~ ~ g I ~''''.~-''I ~i ~~ ~~o@.g ~~ ~~ ~~ ~~ gi ~~ ~~ l>i ~~ zi ~ @ ~I~: ~~ ~~ ~~ ~~ ~~ ~! ~.~ ~~ i'~ ~!1~!1 ~ ~ ~ ~~~r.1 ~ ~ =<~ ~~ ~~ ~~ ~Il ~~ ~~ ;~ h ~ ~ ~ ~~~ m > 8~ 8~ ~f< ~~ ~~ ~~ ~~ ~~ 8~ ~ ~ ~ ~n ; ~ ~ I ~~ ~ m I~ ~ ~ 11 ~ ffi (!:. Ii . ~~ ~" ~o ~~ ~ ~ z . 5~ ~;'i r~ ill ~~ i~ 182IS72NDAiO(NU[$OUTH ~,... KENT, VIA 96032 nro.o NIIJ {oI-25-)251-6222: (425)251-fl762rt..X """ m. LANDHOLDINOS LLC, AND LAKEflIDQE DEVELoPMeNT f'REUMINARY PARK El>URGEMENT LANOBcA/'e f'LAN - TRACTS 'F' AND 'P' VM;ooo CMl f~"etRiljG. lAi'tO I'lNUIJlill, ~/' ~ll'M:Tl"IC.~lIfNTAL$ElMCrs llolo T/13/9ll KERSEY 3 1804 136th PI. N.E., Suite #1 Bellevue, W A 98005 (425) 644-1446 FAX: 644-1921 February 22, 2006 Steven Pilcher, Development Services Coordinator City of Auburn 25 West Main St. Auburn, WA 98001-4998 SUBJECT: Application Nos. REl05-0001, PUD05-0001, PL T05-0001; REl05-0002, PUD05- 0002, and PL T05-0002 Dear Mr. Pilcher: We are writing to request that the lot coverage for Kersey III be increased to 45% of lot area. This will provide the adequate flexibility in positioning the upscale homes upon the 40' Ft. and 50' ft. wide lots. The typical front-loaded garage style homes located upon these smaller width lots requires a larger allowable lot coverage for the primary building foot print. The 2, 3, and 4-bedroom 2-story homes require this lot coverage area allowances to be increased to this level to provide reasonable flexibility and balance with the proposed design standard previously submitted.. cBride, AlA, Principal GMS Architectural Group, AlA, P.S. Architecture. Design. Planning Member of the American Institute of Architects EXHIBIT / b - Sr-- ((01 cf~ ) ~'_(!)II 4(!)'-(!)1I ~ Q I in Q I ~ PATIO S'_(!)II S'_(!)II S'_(!)II ,..,...,..AI LDI" A _Pr.X_Pr.LDI'_ .~.. 'I'lPIC.\L LDI' ~ . _.. ..-:::eel' at' IRE . D . _I'f.X_I'f.LDI'_ 'I'lPIC.\L LDI' ~ -""- Q I Q ~ __.M WCMI! --.. tJ Q I Q ~ -; .----'.-------1- ~ WCMI! --.. I ...16 PATIO Q I Q N Q I Q~T N _T Q I 611lEET -- TYPICAL 'VN1T TYPBI 040" Fr. 'W"JDB LOJ:'B LOr c::x:JYBBAaBS 1804136thPlaceNE Ste.l, Bellevue, WA98005 (425) 644-1446 & Fax 644-1921 E-mail: OFFICE@GMSARCH.COMArchitectureDesign.P1annin.MembersofA.LA. . Ex.h~.bi+ lb tL- S E GAL E PRO P E RT< I E S A LA PIANTA LLC TRADE NAME INDUSTRIAL' COMMERCIAL' AGRICULTURAL' NATURAL RESOURCES February 22, 2006 Mr. James Driscoll Hearing Examiner City of Auburn 25 West Main Auburn, W A 9800 I RE: Kersey III, Divisions 1 & 2 Dear Mr. Driscoll: We very much appreciate your support, and that from staff and the Kersey III developers, of our request at your August 9,2005 hearing for a Mineral Resource Lands notice to be placed on the Kersey III final plats, in the building permits, and in the individual lot deeds. The proposed language in Condition # 1 of your Decision from that hearing, and in the current staff report tonight, is exactly that from the RCW that requires the notice (RCW 36.70A.060), which is more for housing that is proposed adjacent to designated mineral lands that could be mined at some time in the future after the homes are built. In our situation, the mining activities are currently ongoing so we would like to propose to restructure the language, to more clearly indicate this mining activity to the new home buyers. We would like to suggest the following: NOTICE: This property is near designated mineral resource lands on which a variety of commercial activities occur that may not be compatible with residential development, including, but not limited to, mining, extraction, washing, crushing, stockpiling, transporting, concrete and asphalt production, recycling of materials, and their related and supporting activities. This notice would hopefully make the situation more clear to the buyers, and better protect the mining activities as well as the interests of the City and Kersey III developers. I submitted this language at the City Council hearing in October, and both staff and the developers seemed OK with it at that time. Hopefully they will confirm that to you. I apologize for not attending the hearing this evening, but gum surgery today has precluded that. Thank you again for your consideration of our concerns. Very truly yours, SEGALE PROPERTIES tA~ Mark Hancock cc: Steve Pilcher PO BOX 88028 . TUKWILA, WA 98138 .5811 SEGALE PARK ORIVE C . TUKWILA, WA 98188 P 206,575.2000 . F 206,575,1837 . www.segaleproperties.com EX/f18/ r /1 20051220002432.001 WHEN RECORDED RETURN TO: DANIEL M. HAYES 22430 SOUTHEAST 231ST MAPLE VALLEY, WASHINGTON 98038 111'1111111"-1[1 PAGE:;? ~i~l UD 42.81 12/2812005 18:84 lUNG COUNTY I LIA @ E2176946 12/20IZ..s 15:45 KING COUNT! I IoIA TAX 51 684.00 SALE $655:....0. PAGE0tl OF "1 CHICAGO TITLE INSURANCE COMPANY DOCUMENT TITLE(s) 1 STATUTORY WARRANTY DEED Order Number: 001159488 2 3 4 REFERENCE NUMBER(s) OF DOCUMENT ASSIGNED OR RELEASED: D Additional reference numbers on page_____ of document GRANTOR(S) : 1 ELLWOOD E. BOLLES AND JOYCE M. BOLLES f 2 THOMAS MCSHANE AND BIRUTA S. MCSHANE Ii t.l s 3 ROWLAND CHEW CHICA~ CJ Additional names on page ..2...--of document REf# ~ '"' d- GRANTEE(s) : 1 DANIEL M. HAYES AND STORMY HAYES 2 3 CJ Additional names on page _____ of document ABBREVIATED LEGAL DESCRIPTION: Lot-Unit: 1 Block: Volume: Page: Section: Township: Range: Portion: Plat Name: CITY OF AUBURN SHORT PLAT #SP-22-77 tiD Complete legal description is on page ~ of document ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(s): 322105-9039 Additional Tax Accounts are on page _____ of document Note: This cover sheet Is prepared to conform to the requirements of Chapter 143. Laws of 1996. Nothing on this sheet alters the names, legal description or other Information In the attached document The only purpose of this cover sheet Is to assist the auditor in indexing the document In conformance with statute. The Recorder will rely on the information rrovided on this form, The staff will not read the document to verify the accuracy or completeness 0 the indexing Information provided hereIn. COvr!.RZ/RDA/!:1J99 gx-~~b;t Ie WHP.N 1tI!CORJ)1!D ItEltJRNTO DANlELM.IIAyB; :z:KIOSllU'1'!fl!A'lT 2311.7 MAPLE VALLBY. WII.'lIlINfiroN lI8ll3II @ CHICAGO TITLE INSURANCE OOMPANY STATUTORY WARRANTY DEED 4319194 ~ DSa!MIlIlB.J4, ZlIO.'l THEORANTOll flLLWOO1! 1l.IlULLESANDJOYCSM.IlClUEll, HlJS8AN'DANI) WlPB.AND'nIOtIAS MCSKANRAND 1lIP.\1rA S MCSHANE!, H1.lSIIAND AM> WD'e..AND ltOWLANO CH!!W.....SIN'OUlINDMDUAl,1INDIWNAW JaM MAXWl!LLAND JUDmlK. NAXWI!LL HtlSBANPAM>WIPE,rlIR.W,\NI'TO"lHBIlXPIM"nN opnm 'J1!IlNli OPnIB PA~ AOlUJIlMeHfPDl\ Itvx'ACA.IJOORNlAPARnIBItflHJI' tor IIld In c:oIlIIidcn1ioa of 11l/'f DOUAR.'.AND rmtcltOOODANPVALUABI.Il CONSIDI!AATKlN ill haad paid, CXlIIVIl)'S &lid WIll1'8IIIs to DANlHLILIIA YJlS AND STOllMY I{A Y1lS, HUSIlANO AND WIPE tbe follc1wius dc.~ re.I alate sinlated Ia the CUII8ty <<lONO TuA.a:ouDl NUmbet{R}: 322l1lS.9ll39-Gl LOT 1. CUT 01" AUBURN SllORT PLAT IlUMBBR Si'-22-77, RBCORmlD tlIlDBR JUlICORl)I1IG NllMBBR 79053010'12. BBING A RBV:tSION OF SHORT l'LAT UCOIlD!W WDBR RZCOKDIW IfOIIBlIa 7712130'17, III JtDlG 00UN'l'Y', lQSliIIiG:l'Olr, State ofWILVDoglon: SUBJBCT rol UCK1'1'IONS 8ft FORnI ON' A'l"rACHBD BXlII>>IT w,.W A!lD BY TInS IlBFllllJUlCZ JGU)]l A PUT HBRBOP M tr FOLLY DICXlUORATBD HBRB11f . ~/?~ &q/?J'M8& EU.WOOO E IIOLLES JaVa: .IlOU.ES 1llOMAS~E BlRUTA S. MCSHANe SfID~ \ ; 20051220002432.002 WHl!N IUICORnIlD RJmJRNTO DANIEL M.1fA Ytl.~ 22430SOUIlII!Nn"2:JIST MAI'lB VA1.UlY. WI\.'lIUNflrC>N\I8038 @ CHICAGO TI'ILE INSURANCE COMPANY 4319194 STATUTORY WARRANTY DEED Dlled: DI!CENIIl!a 14, ~ nmURANTOR BLtWOOD E.IlOLLES ANDJOYCE M.IlO1.Ia.HIJSB.\NI) AND WIPIl AND'lHONA.<; MCSHANe AND B1RUTA & MCSHANB.1fUSBAND ANI> WIl'B. ANI) MWlAND CHEW....SINOUllNDMDUAL,AND lI.ONALl> KIM MAXWal.NiDJI.Il)I1lf ~ NAXWRU. Ht.Il>IlA/'IP NlP WI1'Il, PUR.''UANTTO'lHBI!XPlRATlllN orum 'l1!lW-<; ornm p~ NlIUlBMeHI'!'Ok RYX.A CAUI'Cl.RNJA PAR.TNERSHlP luJ IIld In wuaidl:lmon (If 'I1!NDOUAJI.<;ANO Il'IlIDROOOD ANI) VAU./ABLBWNSlDBAAnON in hand paid, COIlwy5 IIIId wammts to DANlF.LM, IIAYHSANO h1l1RMY HAYIlS, HUSllANOAND WlPB the: following dc.~bed rclll estate dtualcd ia 11m ClIUllty of KING Stale ofWlIShiugtOll: Tu AccoUlll Numbcr(s): 3221OS-9Il39.(ll LOT 1, CIn' 01' AtlBVRN SHOR'!' PLAT mJM8BR SP-22-77, UCORDBD tMla. IU1:COJU)IW NlDIBIlB. 7905301012, BBING A IlBVUlION OF SHORT l'LA'1" RBCOIWKO tnlI)ER ltECORDIlIG IIOIIBIIR 1712130917. IN JaW couamr, lQlSRDIGTON, S1lBJBCT TO: laCEPTIONS SBT l'ORTII 0Jr An'ACBBD !JIBIBIr "A" AND BY '!'HIS RBP'SUNCB MlWB A PARt' HBlUlOl' AS IF POLLY DfCOll.tORATBIl HBR1mII' . ~~~~ THOMAS MCSIWlE IIIMA $. MCSHANE SWD/lUWOfIi9. 20051220002432,003 20051220002432.004 ClUCAGO'lTfLB INSURANCE COMPANY Esl:rowNo.: "3Ul~4 llDNl\LD ItIM HAXllBUo JlmI'l'B It. Mll.DKLL ~ 10 ClUCAGO 'ITI'LE INSURANCE COMPANY E.'iUowNo.: 6319194 ~~ ^OWIoAW CHEW \,~ 1(1t~ J;WPITH It. MAXlf8LL II RONI\LD r::rx MlIXWKLL ~ 20051220002432,005 l.. ~ ~~O~1J ~rl~~~~ SS ON THIS ""l"5<"11<'eK~DAY OF DBC1lMIlER, 2005 BBrollE NB,. '1'HB \l)lDKRSIGNBD, A NOTJ\XY PUBLIC IN AND FOR 'l'III!: STATE OF r ~-4I~yI. 11. <;L" DtIL'lC, COMMISSIONBD AND SWOllN, PBRSONAllLY APPBARBD a~~ /o(c,.b~ ~ 'f7'; ('lft"~"Z :>. .AI",-s..H~~n~ DOWN TO MB 'l'O BB 'rRB DlDXVIDtlAL(S) DBSCIUllBD III AND WHO I5AJ:i1,;UJIW 'l'HB WI'lBDI INS'rlltlMKlft AND AcmollLBOGEl) THAT ~v SIGNED AND SBALBD 'l'HB lWlJI AS ~ PRD AND VOl!UNTARY ~_~_&4;m-:=-. '1? -"I" ~ r.;t kkJ NOTARY SIGNA'l'mtE ~ ~ ~' PRDI'1'BD JWIB. . r:twf H-~ ~ I ')2 t NOTARY l'WLIC IN AND rea TalS STAT~ i'7"l12 lU!SID:mG AT ~r~ JH 'If) ~}I ;5j;;- xr COMMI:SSION EXPIRES 0)1 ~(l .::z. ~b - - - _. MATl'HEWH;~ARI$ : ,. €0I"nll1s$Ipn . 13'78619 . ,', ~"'- ~blIc . CoIlfomle ; . .,... 'j'~q~o-cOUntv. . ~.. ~y'G"Qmm..E~s'~~ T-,. ... ~,....- IlOTAAY"''''-''' 20051220002432.006 Al'vlENDMENT D TO LAND PURCHASE AND SALE AGREEMENT Whereas, the undersigned parties SSHI LLC, a Delaware Limited Liability Company, dba DR Horton and/or Assigns ('Purchaser"), and Dan Hayes and/or Assigns ("Seller"), have entered into an Agreement with a mutual acceptance date of December 7, 2005, for the purchase and sale ofreal property located in the county of King and the state of Washington, commonly known as the Plat of Kersey 3 Division 2. Whereas, Purchaser and Seller hereby acknowledged and af,rreed to extend the Feasibility Period by an additional fifteen (15) calendar days referenced by Amendment C. This Feasibility Period extension will expire on February 22, 2006. Whereas, Purchaser and Seller hereby acknowledge and agree to extend the Feasibility Period an additional fifteen (15) calendar days, provided by the execution of Amendment D. The new Feasibility Period will expire on March 8, 2006. Except as described above, the Land Purchase and Sale Agreement between the undersigned parties remains unchanged, and in full force and effect. Dated this 2_L_ day of February 2006, PURCHASER: SSI-II LLC dba 0 R Horton, a Delaware limited liability company SELLER: Dan Hayes BY: 1. Matt Farris TITLE: Division President DATE: ~--"'._-, /.,,',..----~...--. \. -'~.""') . c- ~-- -...--' BY: Dan Hayes TITLE: DATE: '2-Z0-0(.. CORPORATE APPROV At: TITLE: DATE: 2-22-06 To: Auburn Hearing Examiner for Members of the Auburn City Council Re: Application NO. PLT05-000I, POO05-000I AND REZ05-000I- KERSEY 3- DIVISION I From: Perry Peters and Trina Peters Weare writing this letter to make our concerns know on the above Application issue. Again the proposed request of William and Debra Jones in not satisfactory to us nor does it meet the criteria that is necessary to rezone that is stated in the City of Auburn's comprehensive plan. The comprehensive plan was established by our community as a tool to protect itself from numerous unhealthy issues, The concerns we have are listed below, 1. The housing is still too dense. There are to many people in one place. The approval of the application would damage and further cheapen our community. The transition from Lakeland to our rural community would be too abrupt, The original Lakeland Hills development was to be a standard but we have seen how the compromise bargaining by the developers has increased the density of buildings they have been allowed to build. It would be best if the RI zoning stayed, as it would transition between the high density and rural with the least amount of impact to our environment. It would also follow the plan set forth by Elected members of our community. 2. The impact to the environment is of concern. There is the increased shortage of clean water. There is the surface water quality that may be impacted. There will be the loss of habitat for birds and animals. Recently a rare and endangered bird was spotted along Kersey way on the applicant's property, The bird was the large Red headed woodpecker. It has been pecking on the dead fir trees one sees next to the road. There is also Bowman creek nearby that has trout, crawfish, other fish, and is suppose to be a Salmon-bearing stream according to Washington State Wildlife. 3. Traffic is a large concern. We will be adding more vehicles to the road but changing only the entry/ exit of the property. Auburn roads are in sad shape now and adding more people will further damage them. The minor improvements of a light and straightening of 53rd and Kersey is not enough_ Weare also very concerned about the stopping and going of all vehicles especially large diesel trucks such as dump trucks. The hill has a good grade to it and with a red light there will be a greater need to slow down quickly using compression brakes and regular brakes. Seldom is there enforcement by Auburn police of keeping large trucks quiet. There will also be the traffic that has to stop going up the hill. Once the light turns green then it's the diesel trucks again as well as other vehicles accelerating up the hill. More energy t~ffll3lr /1 will have to be expended to start the momentum of the vehicle. This means more fuel consumption, vehicle emission including smoke, and noise. 4. Our schools and busses are already at exhaustive capacity now. Weare asking that the concerns of the community around this proposed development be observed. We are askirtg that the Comprehensive Plan be applied as it should and was intended for. We are asking the Elected City Council Members to keep the Rl zoning in place. It is what is best for this community. Thank you for your consideration. Sincerely, kr(llb--J ~~ Perry Peters Trina Peters Comments on the Hearing Examiner's Recommendations Regarding Kersey ill, Sept 13, 2005, Oct 15,2005 Pat & Gene Davis 4901 Foster Ave. SE Auburn, W A 98092 253-833-9564 cruise2@comcast.net We appreciate the bard work that the Hearing Examiner has done on producing a recommendation for the Kersey III development. Nevertheless, we urge the City of Auburn officials to do their own research on the mountains of reference materials available before making any decisions. We also urge the City Council to send the matter of Kersey III back to the Hearing Examiner to request further clarification and consideration of a number of confusing areas. We respectfully submit the following comments in which we disagree with the Hearing Examiner's recommendation to approve the rezone of Kersey III from R-I to a Planned Unit Development. 1. The Hearing Examiner's Letter is not a stand alone document, and is quite confusing to anyone who has not been in on the background discussions and reference materials. a. He uses numerous references from the outdated 2004 Draft EIS which supposedly has been replaced by the 2005 Final EIS. This makes his analysis very hard to follow. The Draft EIS contained many more technical details. The Final EIS leaves these out. In fact, the 2005 Final EIS is substaBtiaDv different from the 2004 Draft EIS. In addition, the Draft EIS is only available on CD, so one has to look back and forth between a computer screen and the final written document to see all of the differences. For example: In the Hearing Examiners Letter, in the section called "SPECIFIC FINDINGS: REZONE, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT, AND REQUEST FOR VARIANCE" paragraph 5, he uses conclusions from Chapter 3 of the 2004 Draft Environmental Impact Statement. That chapter 3 does not even appear in the 2005 Final EIS. Chapter 3 of the Final EIS is a compilation of largely negative comments and concerns of residents in the area. 2. The Hearing Examiner's Letter ("Specific Findings" para 12-16, 18,20,21) and Page 5 of the Final EIS contains paragraphs on off site improvements needed. In his "RECOMMENDATION" section he does not address!!h! pays for infrastructure needs outside of the Kersey III development (other than a couple of Page 1 of 10 -EX/flb/( 2,CJ Comments on the Hearing Examiner's Recommendations Regarding Kersey III, Sept. 13,2005. traffic lights on Kersey Way and a Roundabout on Evergreen Way). An approval of Kersey III by the Council cannot be undone. All of the information on infrastructure plans, details and costs needs to be presented to them up front in the event that the project fails and the City is left with the job of cleaning up half finished construction. CF-6 of the Auburn Comprehensive Plan was not addressed by the Hearing Examiner. It states, "New connections to the City's sanitary sewer, water and/or storm drainage systems, shall contribute their fair share toward the construction and/or financing offuture or on-going projects to increase the capacity of those systems. " CF-7 of the Auburn Comprehensive Plan was not addressed by the Hearing Examiner. It states, "The City shall encourage and approve development only where adequate public services including police protection, fire and emergency medical services, education, parks and other recreational facilities, solid waste collection, and other governmental services are available or will be made available at acceptable levels of service prior to project occupancy or use. " CF-ll of the Auburn Comprehensive Plan was not addressed by the Hearing Examiner. It states, "No new development shall be permitted unless the facilities specified in each facility plan are available or can be provided at a level adequate to support the development. " Some examples of infrastructure outside of the development include: a. The extension of water lines in Kersey Way to the White River or additional connection to the existing East Valley Highway main with added booster stations. b. An off-site sanitary sewer which could include either the extension of a sewer on Kersey Way to an existing pump station in Oravetz Road or a partial extension on Kersey Way with a pump station extending to existing gravity sewer in Evergreen Way in Lakeland. c. Off-site storm water facility improvements including the modification of an existing erosion problem along Kersey Way. The City of Auburn Comprehensive Plan, specifically Goal 13, "City Utilities" and Goal 16, "Transportation" imply that Auburn will only permit development if adequate public facilities are, or can be guaranteed to be available to support new development. This, in fact, was in Kersey Ill's discussion of Goal!3 and Goal 16 on page 77 of the DEIS. Goall3 specifically states, "Ensure that development Page 2 of 10 Comments on the Hearing Examiner's Recommendations Regarding Kersey III, Sept 13, 2005. will only occur if the urban services necessary to support the development will be available at the time of development." LV-55, not addressed by the Hearing Examiner or the Draft or Final EIS documents states, "Arterial routes should be planned to serve undeveloped areas prior to development and should be built as the area is developed " With this in mind, the City Council should require all external infrastructure to be in place and ready to hook up before construction on Kersey UI can be considered. An additional EIS should be required on the impact of this construction outside of Kersey III. For example, any underground lines run along Kersey Way will impact residents living along Kersey Way and will especially impact traffic. Kersey Way is!h!! major route to get to Auburn (and back home) for Lake Tapps, Hidden Valley and other residents South of the City. It is a dangerous twisting, narrow, two lane road under the best of conditions. In the winter it is prone to black ice. Construction on this road, potentially narrowing it down to one lane, could have disastrous consequences. Taking alternate routes requires a very long drive South towards Lake Tapps and Sumner, (and now through Lakeland Hills), and then swinging North to Auburn. Residents are familiar with these difficulties on the occasions that Kersey Way has been shut down because of flooding and erosion over the road. If this road is limited access, or becomes too crowed to use, merchants in Auburn. will be impacted because people will take their business South to Sumner. 3. The Hearing Examiner's references to number of housing units and densities is confusing and inconsistent. In "Conclusions Based on Findings", para 6, He states, "Applicants are providing only single-family housing, no multi-family housing, thereby limiting the "affordability" of housing provided " In "Conclusions Based on Findings", para 7, He states, "Applicants seek to develop 373 dwelling units. Development of over 300 more dweUing units will have more rulverse impacts than the existing zoning standard. " In "Specific Findings", para 9, he states, "The City considered three proposals. The first alternative (Alternative 481) would allow for a maximum of 481 dwelling units utilizing the City's PUD ordinance over only a portion of the site. The alternative would accommodate up to 409 single family lots and 18 multi-family lots. The second alternative (Alternative 700) would allow for a maximum of 700 Page 3 of 10 Comments on the Hearing Examiner's Recommendations Regarding Kersey III, Sept 13,2005. dwelling units utilizing the City's PUD over the entire site. This alternative would accommodate up to 628 single family lots and 18 multi- family lots. " Further confusing the issue, but not in the Hearing Examiner's Letter, is the Final EIS's description of Alternative 481 and Alternative 700. Page 2 regarding Alt. 481 "This alternative assumes that 481 dwelling units will be constructed on the approximately 170 acre project area utilizing the PUD ordinance on a portion of the site in order to accommodate 409 single family lots and 18 lots to accommodate 72 multiple family dwelling units in four- plexes. " Page 5 regarding Alt. 700 "This alternative assumes that up to 700 dwelling units will be constructed on the approximately 170 acre project area utilizing the P UD ordiance over the entire site in order to accommodate up to 628 single family lots and up to 18 lots to accommodate 72 multiple family dwelling units infour-plexes. " The Hearing Examiner's Letter addresses Division I and II of Kersey III, which apparently consists of 89.31 acres. The Final EIS bases all of its calculations on 170 acres. According to the Final EIS (page 5), there are actually supposed to be three Divisions, each having 6 phases (the Hearing Examiner says 2 phases)??? Why is there no discussion of a future "Division III" in the Hearing Examiner's Letter, if only to clarify the differences in population and density numbers? Why isn't Division ill included with Divisions I and IT to come up with Kersey ill's 170 acre overall density calculations? What happened to the 481 and 700 alternatives described in the Final EIS and why doesn't the Hearing Examiner touch on the 700 unit alternative? Also, consider that the 72 four-plexes in the 481 and 700 alternatives are actually 72 x 4 = 288 dwelling units, not 72 dwelling units, and this should be taken account in the density calculations. Are there, or are there not, going to be multiple family units (re: four-plexes)? As shown by the references above, this is not clear in the Hearing Examiner's Letter. If an agreement is made not to have multiple family units, but a PUD allows multiple family units, could Kersey ITI build them anyway? The above confusion and inconsistencies demonstrate to us, at least, that the matter of population and densities, types of housing, and the limitations, conditions and caveats agreed to outside of the definition of a PUD, should be further clarified by the Hearing Examiner. We would also like to submit the following "informal" calculation of density for consideration. Page 4 of 10 Comments on the Hearing Examiner's Recommendations Regarding Kersey Ill, Sept 13, 2005. The "official" calculation of dwelling units per acre apparently includes all of the area of the PUD (89.31 acres in Division I and II). An informal way of looking at density considers that an acre = 43,560 sq. ft. If Kersey III is proposing minimum lot sizes of 4,000 sq. ft. (per the Preliminary Plat), they could potentially pack 10.89 houses in an acre. The people living in Kersey III may have green space in a park several streets away, but to them, and to the people visiting the neighborhood, it will appear that they are living in an elbow to elbow zero clearance lot environment. Consider this in relation to properties directly East of Kersey III, which are mainly 5 acre rural style "horse farms". Also consider this in relationship to Lakeland Hills to the West. A footnote in the Hearing Examiner's letter states "Lakeland Hills is a PUD with approximately 3000+ homes on lots rangingfrom approximately 7,200 to 10,000 squareftet. Applicants propose homes on lots rangingfrom approximately 3,800 to 8,400 square feet, " The City of Auburn Comprehensive Plan's LU-14 guidelines states "The bulk of the single-family residential communities should be developed at a density between 4 and 6 dwelling units per acre." An additional confusion is that the Hearing Examiner "eluded to", but did not make crystal clear, whether Division I and II would meet all the criteria of a PUD (would be self contained), without the inclusion of Division m. 4. In the entire Hearing Examiner's Letter, there was only one small mention of the land East of Kersey Way. In the Section, "Conclusions Based on Findings", Para 8, "The PUD is consistent with the existing and planned character of the neighborhood," he says "Surrounding land use consists of natural resource land (gravel pit), low- density residential development, and Lakeland Hills PUD's 3000+ homes. The Comprehensive Plan designationfor the area is Single Family Residential. Development would be consistent with the character of the Lakeland Hills community but not with the low-density development. " We are!m disappointed that the description of "surrounding land", throughout the document seemed to stop at Kersey Way. We strongly feel that a greater part of the Hearing Examiner's comments should have included a much more thorough discussion of existing land uses to the East, Northeast, and Southeast of Kersey III. Page 5 of 10 Comments on the Hearing Examiner's Recommendations Regarding Kersey III, Sept. 13, 2005. Considering the existing density of Lakeland Hills compared with the very low density East of Kersey Way (gravel pits, 5 acre "horse farms" and a few new "gated" low density housing developments,) Kersey III should be a buffer zone somewhere between these two extremes. It should not be an even higher density development than Lakeland Hills. We would request that the Hearing Examiner take another look at his recommendations with more consideration for people living in the relatively rural areas surrounding Kersey III, not just with respect to Lakeland Hills. 5. The Hearing Examiner has considered Kersey III "in a vacuum" with respect to other developments that are now being built in the area ( See Map 14.2 ''Special Plan Areas" of the Auburn Comprehensive Plan.) One only needs to drive farther South on Kersey Way toward Sumner, along the Southern boundaries of Lakeland Hills, around the West side of Lake Tapps, as well as in relatively isolated areas East of Kersey Way, to see that residential developments are springing up everywhere! It is uncertain, and doubtful to us, that the City of Auburn has a process in place to consolidate all of the various environmental impact statements from all of the housing developments in the region. This includes developments over the border into Pierce County and in unincorporated areas around the City of Auburn. The City of Auburn's borders are artificial and political. Ground water, traffic, migrating animals, noise and pollution have no boundaries. Each development EIS seems to be considered on its own merits. Is anyone looking at the "big picture" of where this massive development is going, and what the impacts to the City of Auburn will be in the future? This must be a look at the details (the same kinds of details contained in an EIS, but from a consolidated view of all the EIS's.) This is not the same thing as developing a comprehensive plan or following the goals of the Growth Management Act. They are the guiding principles, not the details. For example, a consolidated EIS would line up all the traffic projections from all of the known developments in the area and see if they: a) are consistent and b) need to be added together, to find out what the future of traffic will really look like. We request that the Hearing Examiner, perhaps in conjunction with the Auburn City Planners and the City Council, take another look at the Kersey III proposal as only a piece in the larger picture, and at least address this concern in an updated recommendation on Kersey III. 6. In the Hearing Examiner's Letter, "Conclusions Based on Findings", it is not clear if the bold letter paragraph titles are the Hearing Examiner's conclusions, which he then elaborates upon; or whether they are "Criteria" which he is listing from the previous section, and then discussing. Page 6 of 10 Comments on the Hearing Examiner's Recommendations Regarding Kersey III, Sept 13, 2005. In either of these cases some of the discussion is inconsistent with the fInal recommendation to approve the rezone from its present RI to PUD, and the Kersey III proposed development. Here are some examples: Para 2. "Conditions in the area have substantially changed and the rezone bears a substantial relationship to the public health, safety, morals, or general welfare." He then says, "However, neither the Applicants not the City cites specific quantitative date demonstrating the need for additional housing of this type, the trend in Puget Sound towards small lot development, or population growth projections for the City. " Para 4. "The Rezone, PUD, and Preliminary Plat are consistent with the Comprehensive Plan and other applicable goals and policies of the City Council." "The Director of Planning determined the proposal was consistent with the Comprehensive Plan. " Our note on this: LU-9 was not addressed. It says, "The City shall protect Coal Creek Springs by: 1) limiting density to less than one residential unit per four acres within the area tributary to the Coal Creek Springs Watershed and by 2) designating a Special Planning Area for the Mt. Rainier Vista site, " Coal Creek Springs has an East West boundary approximately 600 ft. beyond the Cul De Sac at the end of Bridget Ave SE and a North South Boundary somewhere near the center of Bridget. This area is very close to the proposed Kersey III development. It would have to be determined if the Coal Creek Springs would be affected in any way by a high density development with houses covering 400.10 of the permeable area M1. Rainier Vista is a now defunct development which failed in the early 80's, but it is still on the books. It is on the North side of 53rd S1. SE. There may be some legal implications, since it still appears in the Auburn Comprehensive Plan. LU-II was also not addressed. It says, "The City shall consider the impacts of new development activities on resources (including agricultural resource lands, cultural resources, forest resource lands, and mineral resource areas, the environment and natural resources (particulary critical areas, wildlife habitats and water quality) as part of its environmental review process, " Our note on this: There is a small creek which runs through Kersey III which was not addressed. Although unnamed, it is visible in the hydrographic information maps on www.metrokc.gov. A picture of it is attached. It also appears on Map 9.3 "Wetlands and Streams"ofthe Auburn Comprehensive Plan. Page 7 of 10 Comments on the Hearing Examiner's Recommendations Regarding Kersey III, Sept 13, 2005. Map 9.6, "Erosion Areas" of the Auburn Comprehensive Plan shows that Kersey III is situated directly over a large erosion area We do not feel that they have adequately addressed this in the Final EIS. Map 9.7 "Landslide Areas" of the Auburn Comprehensive Plan shows that virtually all of Kersey III is directly over a major landslide area We do not feel that they have adequately addressed this in the Final EIS LU-13 was also not addressed. It says, "Residential densities in areas designated "rural ", which represent areas that have environmental constraints and which promote protection of City water sources, should be no greater than 1 dwelling unit per 4 acres until such time public facilities are available. " Our note on this: Map 14.1, of the Auburn Comprehensive Plan "Comprehensive Plan" shows that Lakeland Hills provides a relatively small border for Kersey III on the West. Other than tha4 Kersey III is completely surrounded by Rural and Single Family (R-l) residential. Thus, Kersey III should be judged in terms of density, on the rural and R-l surrounding lands, not on the small border it shares with Lakeland Hills. To summarize, Para 4. the section entitled "The Rezone, PUD, and Preliminary Plat are consistent with the Comprehensive Plan and other applicable goals and policies of the City Council," needs extensive rework and should be returned to both the Planning Group and the Hearing Examiner for further consideration and amending. Para 7, "The approval of the PUD will have no more of an adverse impact upon the surrounding area than any other project would have if developed using the existing zoning standards." The Hearing Examiner goes on to state, "Applicants seek to develop 373 dwelling units. Development of Ol1er 300 more dwelling units will have more adverse impacts than the existing zoning standard. EIS provided for impacts on transportation, public services, wildlife, and utilities, some of which could not be avoided even with mitigation measures. " Para 10., "Potential environmental impacts of the proposal have been mitigated such that the proposal will not have an unacceptable adverse effet on the quality of the environment." The Hearing Examiner goes on to state, Page 8 of 10 Comments on the Hearing Examiner's Recommendations Regarding Kersey III, Sept 13, 2005, "According to the E/S, all potential environmental impacts have not been mitigated to the point that they would not have an adverse effect. Namely, wildlife and their associated habitat will be directly affected and no mitigation measures were available to ameliorate this impact...../n addition to wildlife impacts, off-site streams would be affected by the increase in impervious surface which would afftct the hydrology of the area due to a change in recharge patterns. " Para 12., "The subject property does not possess physical conditions or exceptional topographic features that warrant deviating from the applicable design requirements". The Hearing Examiner fails to mention Map 9.6, "Erosion Areas" of the Auburn Comprehensive Plan which shows that Kersey III is situated directly over a large erosion area. Neither does he mention Map 9.7 "Landslide Areas" of the Auburn Comprehensive Plan which shows that nearly all of Kersey III is directly over a major landslide area. 7. Based on the above comments, we strongly feel that the request to rezone Kersey III from R-1 to PUD be denied, and that the recommendation from the Hearing Examiner to approve the rezoning should be resubmitted to him for further clarification and consideration; Page 9 of 10 "'C l)) (JQ CD ...... o o ~ ...... o ;+~ ,.. !l .cl o ~ ::; ~ o o o 01 01 ;" w '" ~ C> '" '" <=> v,:, 'C w '" '" .... o '" 'C ~ f..t""-'l; w '" ;..~ .... (:> to" 'C ~ " w. ..., '" .... C I;.,"t IC, C '" t.-'\. () 0 ~ n ::3 - en CZl 0 CD ::3 CD g. i n :t:: n ~. ::3 e (Jq tr:l l ~. ::3 (':) !t QQ en 0 ~ ~< g ::a ~ ~ g P- O a ~ er ::3 ~ en e: ~ (':) ~ S' P- S' ~ (Jq 8 i ~. '< 0 - - ::s:: r- oo ~ ~ .- g. ~ N g- o 0 ~ ~ tI) Et- -. tI) I CD 0.. (':) ~ ~ i tI) ~. ~ s:: ~ ~ CD '< - - - Comments to the Hearing Examiner, Feb 21, 2006 Feb 21, 2006 Pat & Gene Davis 4901 Foster Ave. SE Auburn, W A 98092 253-833-9564 cruise2@comcas1.net Comments on Kersey3: We would like to voice our concerns about disaster preparedness. There is the potential need for evacuating large nwnbers of people in a very short time from the areas of North Lake . Tapps, Lakeland Hills, people living along Kersey Way, the new development under construction South of Lakeland Hills Parkway, 53rd S1. SE and Hidden Valley. In Hidden Valley, the gas pipeline runs through the property of many of our neighbors. Two years ago a pipeline rupture just North of Lakeland Hills prompted the city to call for an immediate evacuation of people living in the area Major BPA power lines will run down the center ofKersey3 which, in an earthquake, could pose a hazard to all residents ofKersey3. This is a heavily wooded area. Most of us have trees, brush and pastures around our houses with no fire breaks. There are 40 acres of trees and brush to the North of our house on Foster Ave., for example. We have high winds and no water hydrants in the area The 40 acres North ofus are a magnet for :fireworks every Fourth of July and bonfires during ''wild'' parties at the beginning and end of the school year. In addition, there have been several stolen cars set on fire in the woods. A wildfire in a dry season is always a risk. An earthquake has already struck our area with no warning. We are in the potential evacuation zone of an eruption from Mt. Rainier. All of the above are unlikely, but feasible disasters which may require us and others to leave the area at a moments notice. In Hidden Valley we have only one outlet. Except for a few small roads that meander down the backside of Lake Tapps, our only option is to go down 53rd St. SE and then take Kersey Way North into Auburn or South into Sumner. Anyone who is near Kersey Way is going to head there trying to escape the area. This includes residents from Kersey3 who, most likely, will not try to weave through the residential streets ofLakeland Hills trying to get to Lakeland Hills Parkway (which will probably be glutted with traffic, anyway.) They will head for the nearest ''major'' arterial which is Kersey Way. (Despite Page 1 of2 E)tffI8/( dI . Comments to the Hearing Examiner, Feb 21,2006 the description of Kersey Way as a "minor" arterial in the Kersey3 documents, residents in the area consider it their major route in and out.) There is even more of a risk posed by construction ofKersey3. Add to a no-notice evacuation, construction equipment moving in and out ofKersey3, or, worse yet, a whole lane shut down on the two lane road, and you have the plot for a disaster movie. Many places on Kersey Way, there is no room to move a disabled vehicle out of the stream of traffic. In summary, we think that the issue of rapid evacuation needs to be addressed by the City of Auburn, and until this is done, there should be a moratorium on any construction on or around Kersey Way. Thank you, Gene and Pat Davis Page 2 of2 MUCKLE SHOOT INDIAN TRIBE Fisheries Division 39015 _172nd Avenue SE . Auburn, Washington 98092-9763 Phone: (253) 939-3311 . Fax: (253) 931-0752 August 16, 2004 Paul Krauss, AICP, Director Department of Planning and Community Development 25 West Main Street Auburn, Washington 98001 RE: Kersey III Preliminary Plat Draft Environmental Impact Statement Dear Mr. Krauss: The Muckleshoot Indian Tribe Fisheries Department has reviewed the Draft Environmental Impact Statement (DEIS) for the Kersey III Preliminary Plat. The following comments are in the interest of protecting and/or restoring the Muckleshoot Indian Tribe's fisheries resources. The Tribe's Cultural Resources and Wildlife Divisions may also send comments under separate correspondences, The DEIS references a stream assessment completed by DBM Engineers in 2000, Since this study was not included in the DEIS and its appendices, nor sent directly to the Tribe's Fisheries Division, we were unable to review it. Our enclosed specific comments related to the streams on site and potential impacts to Bowman Creek may be incomplete based on any additional information found in the stream assessment report. We appreciate the opportunity to review this DEIS. If you have any questions about these comments, or would like to set up a meeting to discuss these comments, please contact me at (253) 876~3116. K=w~ Karen Walter Watershed and Land Use Team Leader cc: Travis Nelson, WDFW Alice Kelly, WDOE f:::)(, IN 131 r ;J. J.. I I " Muckleshoot Indian Tribe Fisheries Division Comments to the Kersey III Preliminary Plat DEIS August 16, 2004 Page 2 General Comments In general, the DEIS contains quite a bit of information; however, it is scattered throughout the document and not fully summarized in the summary section. For example, the summary table fails to consider the impact of water withdrawals affecting surface and groundwater sources. The DEIS only considers impervious surfaces as a potential impact to groundwater quantity. Water withdrawals may also affect ground water resources. All three alternatives will have some impact on groundwater sources through an increase in withdrawals from existing wells or the creation of new wells under the No-Action Alternative. Similarly, the summary section fails to fully discuss impacts to streams on site and potential impacts to Bowman Creek and the White River and the salmonid resources within them. The summary table also lacks any discussion of impacts to fish. Finally, the sensitive acreage numbers for all alternatives will need to be modified in the FEIS because the stream buffers will need to be increased to avoid adverse impacts to the streams on site, Bowman Creek, and the White River. Please see the specific comments under the stream section. Specific Comments 2, Descriptions of Alternatives On page 22, the DEIS fails to discuss any potential stream crossings for roads constructed for the 3 alternatives. Any new road crossings of streams should be via bridges that span the entire stream channels because they are better suited to pass wood, water, and sediment to Bowman Creek and ultimately to the White River. 3, Affected Environment. Significant Impacts and Mitigation Measures 3.2 Water Resources The existing culverts on or near the project are causing adverse impacts (Le. blockages and erosion) as noted on page 48, A condition of plat approval should be a requirement to fix these structures to allow fish passage where there are blockages and to stop the erosion processes affecting Bowman Creek to avoid further impacts. The sections on water quality and quantity are too limited. There should be detailed discussion about the existing conditions ofthesurface waterbodies that may be affected. While Bowman Creek is not currently on Ecology's 303( d) list, it should not be assumed that there are no water quality problems. It typically means that no one has sampled these streams. The DEIS fails to note that the Clean Water Act Section 303 (d) list for Washington State is not comprehensive and there may be streams that are experiencing temperature, dissolved oxygen, and other water quality problems that are not documented. The 303 (d) list is an initial source to determine impacts. The sediment discussion on page 50 is confusing. The sediment that should deposit in the stormwater ponds will likely be fine sediment, which can cause adverse impacts to aquatic life. The purpose ofthe stormwater ponds in part is to allow fine sediment to settle out so it is not released into downstream waters, causing adverse impacts. The sediment reduction that will occur as a result of the ponds will not increase erosive processes in the stream and cause the stream to be sediment starved. Sediment starvation applies to more coarse sediments and is not a function of the ponds. The concern should be whether or not the ponds are adequately sized and managed so as to not increase flows that increase instream sedimentation processes downstream. Since Bowman Creek is. demonstrating erosion problems without additional stormwater from this development, the stormwater should be infiltrated where possible and the remaining stormwater should be treated and detained so that it does not cause new problems in the receiving waterbodies, including Bowman Creek. Muckleshoot Indian Tribe Fisheries Division Comments to the Kersey III Preliminary Plat DEIS August 16. 2004 Page 3 A supplemental evaluation of stream conditions is needed as suggested on page 50. However, the proposal to complete stream channel and .bank protection may have adverse impacts of its own that will need to be mitigated, A better approach would be to use natural materials (Le. wood) of appropriate size and frequency to address the concerns in addition to any energy dissipaters required at the storm water outfalls. This section fails to discuss the adverse impacts associated with creating storm water ponds designed to reduce the peak flows to 50% of the 2-year event under existing conditions. This design standard will not mitigate for impacts that will occur to the receiving waterbodies. A better standard would be to match the duration frequencies under existing conditions. Another issue not considered is the fact that Bowman Creek and the unnamed tributaries on site have likely been affected by past land uses practices and will still be adversely affected by storm water generated by the impervious surfaces created at the site. In.particular, these streams likely do not have the amount, size,. and frequency of wood and other habitat features that can dissipate stream flows and velocities. As a result, any salmonidin Bowman Creek will be exposed to increases in water velocities as a result of storm water generated from the site without mitigation. We recommend that the mitigation plan include an increase in the stormwater detention standard so that stormwater is released to match the flow durations for all streamflows compared to the existing condition. In addition, we recommend that the plat be conditioned to require that wood and! or other salmonid refugia habitat elements be added to Bowman Creek to address the increases in water velocities that will occur as a result of the stormwater discharges. 3.3.1 Affected Environment This section should break out aquatic life from terrestrial life so that the affected environments, species, and potential impacts upon them can be tracked. Also, on page 55, the DEIS fails to consider that the unnamed tributaries on-site provide wood and sediment to Bowman Creek and the White River, in addition to water. Also, it should be noted that there is no direct fish access to Tributary WRlA 10,0043 site because of the blocking culvert at Kersey Way noted in the DEIS. 3.3.2 Significant Imvacts On page 57, the DEIS fails to note that storm water causes impacts to water resources beyond erosion of stream channels, Changes in stream flow and velocities can also adversely affect aquatic resources, as a result of stormwater releases. These impacts can occur even ifthereis.no stream channel erosion causing pools to fill in. The potential loss of lower velocity areas in streams are the concern because they provide coho and other salmonids with places to overwinter. In addition to storm water impacts, the riparian buffers need to be adequate to provide wood and sediment to downstream areas. Vegetation clearing could result in the removal of trees that would otherwise fall into streams and wetlands in the project area and provide habitat. A full riparian survey should be conducted that identifies trees in the corridor, their species, height, and diameters to assess impacts. In addition, the DEIS fails to discuss how a minimum 50 foot buffer will affect riparian functions that provide instream habitat to the intermittent streams, Bowman Creek and the White River (page 71). In particular, the DEIS and its technical appendices fail to consider the importance of riparian areas to provide wood that creates in-stream habitat, even from intermittent streams. Trees are the source of instream wood and can be a variety of sizes and frequencies to provide instream habitat that come from streams that support salmonids directly and indirectly. The proposed 50 foot buffers discussed in the DEIS are too narrow to provide wood to the affected waterbodies and " \' Muckleshoot Indian Tribe Fisheries Division Comments to the Kersey III Preliminary Plat DEIS August 16. 2004 Page 4 will result in an adverse impact that could be avoided if the buffers were increased to a distance based on the tree height potential of the dominant tree species that can grow on site. The author is encouraged to obtain information from the Washington Department of Natural Resources regarding site potential. In addition, there are numerous scientific papers that discuss wood, its importance, recruitment processes, including some papers that discuss the importance of intermittent streams to provide wood and sediment to downstream areas, The discussion on water quality on page 70 is limited. There should be further discussion about existing water quality conditions in the receiving waterbodies and the potential for the project to adversely affect water quality. In addition, the mitigation should include the requirement to monitor stormwater generated from the site to ensure that it is not causing adverse impacts to water quality. Also, a new sewer line is proposed to service the area, which appears will be located on an existing bridge that crosses the White River. The DEIS should discuss this in more detail and should identify any potential adverse impacts to aquatic resources should this line break. ~ -~~((:~ Dear Auburn City Council members, This is in regards to the Kersey Way ill project and the impacts to our personal safety, and my families way of life. I was told that I would be contacted regarding the design of the Evergreen Way and Kersey Way intersection pertaining to my families driveway as well as the access to our property. Mter looking over the design laid out by Barghausen consulting engineers it is clear to me that my family was completely disregarded. Currently our driveway connects to Kersey Way directly Northwest of 53M street. According the design we are now to exit our driveway via a 90 degree left turn, travel approximately 251, followed by a minimum of another 90 degree turn merging on to 53M, this would require a turn into on-coming traffic every time we leave the house. Getting back. into our driveway becomes extremely dangerous. We would be required to stop immediately after turning on to 53M st at which point we would have to cross 2 lanes of traffic to access our driveway.. Cars traveling North on Kersey Way and turning right onto 53M will be turning blindly and the risk of being rear-ended while waiting to turn into our driveway is EXTREMELY high. The backup caused by waiting to turn into our driveway, coupled with cars attempting to turn onto 53M coming from both the North and the South would cause congestion that could be easily remedied by not bringing Evergreen way through to Kersey. With a newly constructed access road to Lakeland hills less than a mile south of the proposed intersection, as well as the access to Oravetz road that allows travel across the valley. It is unnecessary to extend Evergreen Way down to Kersey Way and in my opinion will do much more harm than good. It seems that 99% , GXfh8/ r B~ of the population approach Highway 167 from North Auburn. Which is more than likely do to the amount of congestion that already exists in South Auburn.We don't need another stop light on this Road! All the truck with full loads that travel this road and have to get started again after stopping at the light will be a nightmare! My personal secondary concern is to the noise pollution that will be generated by increased traffic as well as the damage to my families personal privacy. The headlights of cars coming down the hill will shine directly against the front windows of my home. According to the document Auburn City Council Comments with Emrineer's Resoonses, "The combination of topography, retained forest, and new trees/landscaping will substantially screen the Kersey ill project from view from Kersey Way SE.and 53nI Street SE. Development of Kersey ill Divisions 1 and 2 will not obstruct any scenic views to adjacent properties. Divisions 1 and 2 may enjoy some territorial views toward the north. J7 It is my belief that the intersection of Evergreen Way and Kersey Way will not only fail to screen the project, it will also completely destroy the scenic view that currently exists.Looking at the extra traffic and signal light is not my idea of a .senic view. As though that damage wasn't substantial enough, the plans for storm water flow from the project into the culvert which flows under Kersey Way and into Bowman Creek and the unnamed tributary (0043) will greatly impact the appearance of the front of my property. According to the same document "Mitigation for the existing condition consists of a properly designed and constructed energy dissipater and stream ch~nnel bank protection. J7 Bowman Creek forms a pond in my front yard that plays home to fish as well as pairs of ducks that nest each year. A heron spends a certain amount of time here in the spring each year as well. The new designs will not only be damaging appearance they will be disrupting a habitat and causing serious erosion concerns by allowing the stonn water into this fish bearing creek! Please take mto consideration that if you allow this re-zoning you will be affecting many families and damaging the quality of life for a neighborhood. Acoarding to the comprehensive plan for Auburn none of this should go though. This type of PUD does not meet the requirements of the surrounding areas and the extension of Evergreen Way to Kersey Way does nothing but increase the risk to the environment as well as extreme danger to a already dangerous road and extreme danger to those of us that have to drive these roads ever day. WeaR ask that YOU decide against the extension of Evergreen Way and the re-zonillJ!. SinCMr~h~le Fassbind lj/ I!!:IUC,:zYaO---JI1<'J,X'( Larry Fassbind Brett Fassbind Marty Fassbind 5220 Kersey Way SE Auburn WA. 98092 ~\ Auburn Hearing Examiner's Public Hearing February 22, 2006 RE: Kersey III Application for rezone from R-l to PUD The Washington State Supreme Court determined that rezones must be based on a change in the neighborhood and bear a substantial relationship to the public health, safety, and general welfare in Parkridge v. Seattle. KERSEY In DOES NOT MEET THE BAR FOR A REZONE. There has not been a change in the Kersey Way neighborhood that would allow it to bear the weight of an addition of high density housing development. To impose such a development would have an adverse impact on the public health, safety, and general welfare. Geographically and ecologically Kersey III would be disastrous. It would require clear cutting a fairly dense forest land on a fairly steep Eastern facing slope, in which there are 4 known landslide areas. The run off on this heavily wooded slope is currently not entirely controlled during times of heavy rainfall, running over Kersey Way and into Bowman Creek. Clear cutting and impervious surfaces would greatly increase run off and floodingrisk. It would condemn Bowman Creek to a non-salmonoid bearing status forever. Bowman Creek was a salmon bearing stream (by witness of older residents in our neighborhood) and could once again be a salmon bearing stream for the endangered White River salmon run, the only spring running salmon in the State of Washington. Geographically and geologically there are reasons why this land should not be clear cut and covered in large part by imperVious surfaces. These factors have not changed. Auburn's commitment to protect and restore fragile and irreplaceable natural resources, such as Bowman Creek, has not changed. There has not been a change in ground water availability. The aquifers underlying the Kersey Way neighborhood have already been burdened to the point where several wells have failed. Even Lakeland Hills had to go into an emergency water conservation mode as their wells were dangerously low. This limitation ground water reserve has not changed and would only be exacerbated by allowing a PUD. There has not been improvement in any of several key areas of infrastructure to support such a development. Kersey Way itself is already insufficient for the current level of traffic. Moreover, our local schools are not prepared to handle the extra volume of students. Public Health: Kersey Way is a two lane, shoulderless, main arterial serving the Kersey Way and North Lake Tapps neighborhoods. It is already heavily used, especially in the mornings from 6-8am and from 4-6 pm, when the stream of cars traveling at 35 mph is virtually continuous and tightly packed. Adding a 4 way stoplight at the intersection of 53rd and Kersey Way, would create long lines of idling cars and trucks up and down the entire hill. This would result in much increase in noise with braking going down hill and FxrA,.o,,! ~tf accelerating of stopped cars going uphill. It would also greatly increase exhaust emissions as cars sit idling and then have to hit the gas to get going up the hill. This would adversely impact the air quality and health of residents in the Kersey Way neighborhood living in the region of the intersection. This would be magnified perhaps to intolerable levels when there is an inversion layer. We can stop burning in our fire places, but we can not stop going to and from work. Many of us who commute will have the air quality in our cars diminished, not to mention adverse effects on emotional state and blood pressure. There is at least one physician in our neighborhood who delivers babies who must be able to get to the hospital for deliveries at any time of the day or night when the call comes. Air quality, visual blight, and noise from the gravel pit is expected to adversely impact the new home owners buying into the proposed PUD, so much so that Auburn City staff have considered including a notice on every title that "the property is near designated mineral resource land and that commercial activity may occur that is not compatible with residential development". Public Health would suffer under this proposal. Public Safety: The applicants have not made adequate provisions for safe cycling or walking for school aged children outside of the development along Kersey Way, which is the direct corridor to Gildo Rey Elementary, Mount Baker Middle School and Game Farm Park. A PUD would add several hundred young families. You will have children hazarding the edge of Kersey Way to cycle or walk: down to school or to Game Farm Park or the White River Trail. We have already had at least a few children injured and at least one killed, struck by automobiles along Kersey Way. We have to be able to get out! Evacuation during a disaster would be impaired further by allowing a PUD opening onto Kersey Way without adding additional lanes to Kersey Way. Rupture of the high pressure gas line that runs through our neighborhood during an earthquake or forest frre are not unlikely scenarios. Fire and Police Services have to have access to us! Kersey Way, with backed up traffic on a two lane shoulderless road behind stop lights will literally arrest the ability of frremen or policemen to reach us during an emergency. Unless additional lanes are added to Kersey Way, Public Safety would be further compromised by allowing a rezone to PUD with addition of a stoplight at Kersey and 53rd. Adding high density population in a PUD without adequate infrastructure is unsafe! KERSEYllI DOES NOT MEET THE BAR SET BY THE SUPREME COURT FOR REZONE. The original Environmental Impact Study (EIS) appears to be flawed as it did not properly address a sewage capacity issue apparently known to both the City of Auburn and King County that could be further impacted by the proposed development. The original EIS stated that the Lakeland Hills Pump Station had enough capacity to accommodate additional sewage stemming from the proposed rezone and subsequent development. This appears to be an accurate assessment regarding the pump station. However, the real issue is not with the capacity of the pump station itself, but rather with the capacity of the two force mains that carry sewage away from the pump station, Together, the force mains have less capacity than the pump station is capable of pumping, This capacity problem is an issue known to both the City of Auburn and King County. It should be noted that a private developer originally built the pump station for the City of Auburn who in turn relinquished ownership to King County. Such a capacity issues is potentially significant as there would be no quick or inexpensive options for adding additional force main capacity Further compounding the problem is the fact that the force main leaving the City of Auburn's Ellingson pump station does not function properly. The City apparently has not detennined the cause of this problem and a pennanent solution has not been identified, The City's current solution to the problem has been to bypass use of problematic Ellingson force main in favor of routing the Ellingson sewage flows directly from the pump station into one of the Lakeland Hills force mains. This puts further pressure on the capacity issue stemming from the Lakeland Hills force mains, In considering the proposed development and rezone application, capacity of the Lakeland Hills Pump Station, Lakeland Hills force mains and the Ellingson Pump Station and force main should be properly explored and addressed. A new, revised, or supplemental EIS should directly state what effect the increased density stemming from the proposed rezone and subsequent development would have on the entire sewer system. Note: The developer of the proposed Kersey Way project has proposed construction of an intennediate pump station that would serve the proposed development. This planned pump station is nothing more than a way to convey the sewage generated by the proposed dwellings to the Lakeland Hills Pump Station service area, Essentially, flows from the development would flow by gravity to the vicinity of Kersey Way and Orvitz where the developer's pump station would pump the flows into an existing pipeline that would feed into the Lakeland Hills pump station, The developers proposed pump station has nothing to do with addressing or solving the above force main capacity issues. _. The above infonnation was not prepared by a licensed engineer and was not prepared in consultation with the City of Auburn or King County. The above infonnation should not be construed as fact but rather as representative of what is believed to be the current situation surrounding capacity issues related to the Lakeland Hills force mains. \e~c:w.L EX\;V\' ~ tL51? Lt 1.\-V1 $t 51$ , ~I WA 0ZTA~ - ~xtflj},/r ~s October, 17,2005 d Kersey 3, Division 1 & Division 2 - Open Hearing Comments by Erin Galeno Name: Erin Galeno Address: 4515 47th Street SE, Auburn, WA 98092 My comments are focused on two issues documented in the City councils resolution 3947 which formally remanded the Kersey ITI Division 1 & 2 request for a PUD baek to the Hearing examiner last fall. This resolution directed the applicants to consider and/or address the issues raised by the council. TD W 0 r <6 I.?~U{ 5. Issue #4 - The building and structural designs that complement surrounding land uses and their environment, reflecting quality site design, landscaping and building structure architecture required under the Auburn PUD ordinance, Based on my review of the current proposal, I have the following comments regarding issue #4: · The proposal that was remanded last fall included 374 sinvle family homes, while the current proposal includes 368. This is only a reduClimt of 6 boIbes or approximately ~ to % of an acre of land. This is not ~ ~gh to improve the overall quality of the site design. · The previous proposal had lot sizes ranging from 3,800 to 8,40& ill_A. The current proposal has lot sizes ranging from 4,000 to 8,400 sq ft. Only to tots are greater than 7,000 sq ft (only 7 are greater than 7,200 sq ft). The; ~ Hearing Examiner's report stated that this proposal would cf$atf Q'Olllpataility with Lakeland Hills (an existing PUD, which has lots ranging.fi'om 7,1.......10,000 sq ft). The applicant has clearly made no effort to address the compatibJtlty in lot size with Lakeland Hills as less than 2% of the overall wts- would p~ilar in size to Lakeland Hills. ~-<<}..\ · They have amende<up.-r.Y',proposal to include 2 car garaaes... . . While this is a step in the right direction. ~ garages on the same 4,000 tp 5,000 sq ft lot will only iIlcrease the amount of impervious surface thus enxJiqIflte quality of the development · My final point on this issue is my observation ot. ~urrent plan layout It does not have the look and feel of sub-communities si$it. to Lakeland Hills, it looks more like tract housing, Issue #5: The parks and open spaces, and the adequacy of parks and open spaces located under Bonneville Power Administration power lines. · The applicants have deemed the space beneath the BPA lines as open space and have designated other spaces as park areas, · If you subtract the open spaces for the BP A lines and drainage field the total open space is 17.97 acres vs, the minimum requirement of 17.86. So without 6H/~/t "2b October, 17,2005 -.--' the BPA space they meet the minimum, (Total open space from Div 1&2 less tract A,C&D from div 1 and tract A from div 2) · What truly bothers me in this current proposal is one again the quality of the parks and open spaces are severely in question. For example, tract Q in div I which is slated as a park with a baseball field and tennis court, sounds great until you realize that 63% of this space has a greater than 25% slope. Which means people will be chasing quite a few balls down the hill or even worse they will fill the space and the field and tennis court will settle over time. Even if you add in the park space in from tact P in div II and tract I in div I, the percent of park and open space with a significant slope doesn't change from that of tract Q. In summary, the applicants have not substantially increased the quality of this proposed PUD nor have they come close to making it compatible with Lakeland Hills. Thank you. Er I V\ CraJut;o tif). J5, Ltl}-V\ $ g. ; ~lWJ\-q~ February 22,2006 Public Hearine - Auburn Hearine Examiner Auburn City Council Chambers APPLICATION NO. PLT05-0001, PUD05-0001 and REZ05-0001 - Kersey 3-Division 1 and APPLICATION NO. PLT05-0002, PUD05-0002 and REZ05-0002 - Kersey 3-Division 2 In the matter of aoolication by: William & Debra Jones and Elwood & Joyce Bolles for approval of a preliminary plat, rezone from R-l, Single Family Residential, to Planned Unit Development (PUD) District and planned unit development approval to subdivide 50.60 acres into 167 single family residential lots, and 38.40 acres into 201 single family residential lots respectively. Statement to the Hearin2 Examiner: I have many concerns regarding the aforementioned applications. The following are just a few. 6,y77 a.) Adequate fire protection for region (see article: Page 7-10 Auburn Reporter, Feb. 15-28, 2006) A huge concern exists with wildfIres from rural areas converging with high-density population areas. b.) Adequate police coverage from an already strained department (see article: Page 5, Auburn Reporter, February 25-28, 2006) c.) Storm water runoff and erosion d.) Adequate water supplies and quality of same to existing residents (Summers of2003 & 2004- many experienced dry wells in the adjacent areas, along with severe restrictions and purchase of water from Bonney Lake Water District to supply neighboring Lakeland Hills neighborhoods.) e.) Landslides from stripping of native vegetation from hillsides f.) Irreversible damage to wetlands and wildlife in mature forest areas g.) Traffic congestion & use of compression brakes within the city limits h.) Inadequate infrastructure to handle additional large volumes of traffic (Kersey Way, along with the only existing & aging bridge across the White River is 2 lanes) i.) Noise and air pollution j.) Adequate schools, education, transportation and safety for children k.) Growth in surrounding communities of Algona, Pacific, Sumner, & Dieringer Areas (all of which feed into the Auburn School District) I.) How high density can "blend" with it's already existing rural neighbors m.) Quality oflife I would like to address specifically the issue of schools. The Kersey III development would send their children to Gildo Rey Elementary, Mount Baker Middle School, and Auburn Riverside High School. Information obtained from the Assistant Superintendent of Business and Operations office with the Auburn School District shows the following: Februarv 1. 2006 Gildo Rey Elementary Mt. Baker Middle School Auburn Riverside High School Auburn High School Built for 572 students Built for 750 students Built for 1800 students Built for 1850 students Currently 644 students Currently 838 students Currently 1680 students Currently 1871 students EXj/-/B/T 27 As you can see from these facts, the schools, without exception, are already above capacity. With the average household having 2.1 children and 368 new homes proposed for the Kersey III - Divisions 1 & 2 (not including the future projections of Kersey III Divisions 3 & 4) this would add approximately 736 more students to the already overburdened schools. Impact fees collected fail miserably short to provide monetary support to build new schools or to enhance existing ones. Just one portable costs the School District $40,000 base fee, plus the addition of set up charges, plumbing and electrical costs. Additionally, none of these schools would be accessible for students to walk to, as there are no provisions for sidewalks on Kersey Way and the logical fact of distance and location of the Elementary and Middle schools to the Kersey III development. Busses serving the Cities of Algona, Pacific, Auburn, and Dieringer areas are currently at or above capacity on many routes and the cost of fuel has exploded, Jim Denton, Director of Transportation for the Auburn School District, says that although 33 buses were recently purchased for the district, by 2009 there will be a need to purchase more, School schedules in January 2006 had to be adjusted to accommodate the inability for the busses to be in two places at one time, With the Washington Assessment of Learning (W ASL) now in place as a requirement for Graduation, the stakes have never been higher for our students to learn and perform. Can the teachers effectively teach and the students effectively learn in this environment. Overcrowding in our schools hurts us all. It hurts the teachers, it hurts the students, and ultimately it hurts the community, I respectfully request, as a member of the Auburn community, for you to carefully review all aspects and areas of this application and to consider the long lasting impact that such a high density development will have on this community before you make your final recommendation, Thank you for this opportunity to present my concerns on this matter and respectfully submit this letter into the official record. Sincerely, 14 (-' . ~-' ~. vr.L- J Koch 15 - 53rd Street South East Auburn, W A 98092 -r==-- FREE Phone(s) on selected models' . Free phones requlre 1 year activation ~::::'.:=:~.::~.=.':":::=~O;:::: q; - -Mobile-- :D:7~~~uSl~sJEp==~ ~d..~r PAGEANT Two queens receive Miss Aubum crowns page 3 CALENDAR Symphony orchestra to paint a musical portratt page 32 COMMUNITY In address. mayor spells . out 2006 agenda page 4 SPORTS Futch equaUy adeplal passing basketballs. grades page 30 CITYOF:~";"< ;.~ Areport from the city page 9 ~ l February 15-28, 2006 Auburn Re.porter Page 7 ~ Auburn Fire Department Capt. John Wentz blocks off an Intersection along the West Valley Highway where wires had fallen on the roadway. The department responded to a total of 7.848 calls in 2004. Including 5.155 for aid and 356 of them fire-related. Where there's smoke ... Increasing population costs have the city of Auburn considering how best to provide fire services in the future There's no doubt about it, Ibe Auburn Fire Department is a busy place, Its staff of 81, including nine office and administrative positions in fire prevention, public education, records management, training, mechanics and supervision, re- sponded to a total of 7,848 calls in 2004, Of those 5,155 were calls for aid, of which 356 were fire-related, FIre-suppression personnel wOrl< a three- platoon. 24-hour shift at three fire stations: Station 31. 1101 D St, N,E.; Station 32, 1951 R SI. S,E.; and Station 33, 2905 C SI. S, W, on property that the city leases on Ibe General Services Administration campus, Auburn has mutual-aid agreements wilb . ON THE COVER: During a drill, Auburn firefightl!r Ron logan checks a hose at Station 31. every surrounding jurisdiction and county- wide agreements for assistance during sig- nificant events, "We turn about 8,000 caDs a year in Auburn, which is a significant call load for the nwnber of persons available," said Mike Gerber, who is the temporary deputy chief in the absence of Chief Russ Vandver, The chief is on an extended medical leave for an unspecified illness, "We staff three engines, two aid can; and one battalion chief on a 24-hour-a-day, seven-day-a-week, 365-day-a-year basis," Gerber said, 'That's fairly typical for mid- sized fire depaIlments in the county and re- gion:' But !he. city officials responsible for those gleaming. engines, for keeping those highly Irained professionaJs in breathing ap- paratuses and for paying firefighting per- sonnel know that all is not well The explosive growth !hat has already overtaken Ibe cities of Kent, Renton and FedetaI Way is also changing the face of Auburn, Available land and infraslructure make it an attractive place to live, According to statistics provided by the city's Planning Department, Auburn's p0p- ulation is expected to increase from its present 47,000 to 80,000 by the year 2020, All those new residents will not only de- mand water, sewer and street services, they'll want police and fire protection, too, "As Auburn expands, there will be a greater need and demand for fire services, and that may include the need for more fire- fighters," Gelber said, That demand, wilb its additional costs, conld also force the city into considering spinning off the Fire Department into its own fire district or fire aulbority, FIRE - page 8 ~ By Robert Whale Photos by Meghan E. Jones Page 8 ~ FIRE - page 7 City's declining f s The problem is that as the city expands, its revenue stream continues to dwindle. In the past five years, the city's cost of doing business has increased by 15 percent - 3 percent each year - while property-tax rev- enue has been limited to a 5-per- cent increase over that same time period because of Initiative 747, city officials say, The initiative, passed by state voters in 2001.1irnits a city's in': crease in property-tax revenue to the lesser of I percent above what was collected during the previous year, or the rate of in- flation. whichever is less. Cities can ask voters to approve in~ creases of more than 1 percent. Auburn officials have taken steps to delay the day when the descending and ascending chart projections of revenue and costs meet, Mayor Pete Lewis said any time a city position has come open, he and Brenda Heineman. the city's director of human re~ sources, have conducted a re~ view to determine if the city i-s required to replace that em- ployee, if other parties could do the job orif the city should have a different job altogether that might not pay as much, 'The biggest problem there is unions. having to make sure that Auburn R rter City of Auburn firefighter Kurt Vogel. left, and Capt. John Wentz point out possible caus- es that led to power wires falling on the West Valley Highway, even though we:: know that we could do something better, we are not necessarily going to be able to change that position," Lewis said, Regardless of the action taken, city officials fear at best it's a stopgap measure to stave off the inevitable. Forecasts in the 2006 Auburn budget show revenue and cost projections meeting in mid-2008, After that, increases in costs will outstrip any increases in revenue, Page 10 ~ RRE-page8 Exploring options Caught between burgeoning need and fewer and fewer dollars to pay for services, a group of city official, - principally Lewis, Public Safety Chief Jim Kelly and Gelber - has been scouting alternatives the past few months to fund the Fire Department Among the ideas: consolidation within an existing fire district or fonning a fire au- thority, Kelly said the city will con- centrate its efforts on fire because state law allows ~ities more flex- ibility with fire departments than with police departments, "There are many police serv- ices that can't be contracted out," he said. Lewis named Kelly, Aubom's police chief, to be temporary chief of public safety last November, putting him in charge of the police and fire departments in the absence of Vandver. "We're looking at alternativ" funding because, simply put, the general fund is at its cap," Kelly said. 'The income stream to meet the residents' needs and desires is limited, The mayor and City Council will continue to look for ways to improve public-safety services. But we need more. money - and right now it's not there," Auburn's property-tax rate is Slashing costs When that happens, the city will have to take some unpop- ular steps to balance its budget, officials say, One main principle will guide the city's hand, Lewis- said, The city's first mandate to its residents is public safety, he said, and that will not change, Everything that is not public safety - and the mayor puts into this category not only p0- lice and flre, but roa?s, water and stormwater crews - will be open to cosHutting, In Auburn, 60 percent of the $49,8 million general fund, which funds the city's daily operations, is dedi. cated to public safety, Lewis said cuts would likely force the city to close parks, re- duce its' programming and lay off personnel. 'There are different philoso- phies," he said. "Some cities do a 5-, 6- or 7-percent cut of all employees across the board, I ii We're looking at alternative funding because, simply put, the general fund is at its cap, 11 JIM KELLY Chief of public safety, Auburn $2,88 per $1,000 of assessed val- uation, lis fire budget is $9,9 mil- lion, of which $8,9 million comes from property-tax rev- eOlie, Unlike other cities, how- ever, Auburn augments this with money it receives from. its fire contract with AIgona, the lGng County Medic I Levy and a com- pact with the Muckleshoot Casino, Without those, the Fire Department's share of received property tax would be $ 1.93 per $ I ,000 of assessed valuation; wben they are added, it drops to $1.73, What makes some of the al- ternatives attractive to city offi- dais is that outside entities such as fire districts can do what cities cannot - ask to raise the levy lid beyond what now goes to fund fire services, Auburn is basically looking at four alternatives: . Council members could place a measure on the ballot asking voters whether they are willing to increase their taxes to Auburn Reporter pay more for fire services. . Join j1 fire district or create one, A fire district represents a defined geographical area, A board of elected commissioners independent of any governmental authority except its own runs it As a junior taxing authority, a fire district collects property-tax revenue and runs levies like school districts, By joining a district, the city could save money and eliminate redundancy, For instance, instead of two fire chiefs, have one, One idea is for the city to con- tract with King County Fire District 44, also known as Mountainview Fire and Rescue, If that happened, the city could annex the 44,5 square miles of unincorporated county for which the district is responsible. ex- tending from Lea Hill east to- ward Enumclaw and Black Diamond While city officials are confi- dent they could find some way to pay for a fire station, they are Februa 15-28, 2006 don't agree with that policy, I believe that we are required to protect the public_ That's our job, more than anything else, It's not that those other services acen't necessary - they are ab- solutely necessary. But our man. date is still public safety, And those are the ones we will have to keep to the end, . <This is the line we have been fighting ever since the im- position of ... Initiative 747," he added, "No matter what. our in- come is less than our expenses. When income is limited, regard- less of how much assessed valu- ation goes up, we get I percent more than whatever we got on the property tax from the year before, That's a fact" Auburn and its sister cities in Western Washington are not the only ones struggling with the fallout from 1-747, In an ex- treme case, the small town, of Brewster in Eastern Washington has talked openly of unincorpor- tating and handing its responsi- bilities over to Okanogan County, "We are seeing it all over the state," said Rep, Geoff Simpson, D-47th District, which includes northeast Aubom, "Local gov- ernments are having problems providing basic levels of service, They are trying to find efficiencies where they can." FIRE-page 10 ~ doubtful about the $1.6 million it would take to staff it each year, . Or the city could join a fire authority, ,Recently allowed under state law, a fire authority resembles an interlocal agree. ment between cities, 1\vo elected representatives of each city in- volved comprise its board, Where a fire aUthority differs from a fire district is that the cities would be the controlling agencies but enjoy the same rights as a fire district for levies, A firefighter would maintairr his or her identity from that city, Kent's fire department repre- sents a hybrid approach - half of it the city runs, half of it the city has contracted out to Fire District 37, "It's sort of the best of both worlds," 1 said Kent Mayor Suzette Cooke, "Fire District 37 alone would be a smail service, bot because it partners with the city, it benefits from services we have, such as emergency prepa- ration and SWAT-team training," February 15-28, 2006 Joining the rankS? Algona Mayor Joe Scholz said if Auburn elects to go the fire-district route, his city, which now contracts with Auburn for fire services, could go along, "If Auburn went to a fire dis- trict, I think it would benefit all of the cities involved. There would be less administration, We would probably move with Auburn, if we were able, But tIiereareOlhet options, For in- stance, we could combine with Pacific," he said, Such aJtematives represent the new reality, Simpson .said, "People are going to have to realize, if they want these serv- ices in the future, they are going to have to pay for them," he said. Robert Whale can be reached at robert wha/e@re porternewspapers, com or (253) 437-6014, '\ USFWS, pers. comm. March 18, 2002). The bald eagle was not observed during our field studies, or during previous studies of the site (DBM 2000b, J.8. Jones and Associates 2000). The nearest known nest is more than 2.5 miles northeast of the site ~ along the Green River, and another is over 5 miles southeast of the site east of Lake ~ Tapps. MD I'- e Occasional sightings of bald eagles in the vicinity would be expected because of the !iJ/I-~ (proximity of large river and lake foraging areas and scattered waterfowl concentration tl~_As/t::>#A-/ areas. No nests are known to occur on the Kersey III property, nor would any be .. expected, because of a lack of suitable nesting sites (Le., large snags of suitable condition or species, or old-growth trees) or foraging habitat (i.e., fish-bearing waters or waterfowl concentrations). No potential nest trees were observed during our field visits. Eagles can range several miles during foraging flights, and could occasionally use the project sites for perching. 18 ;;:4c/ p~~ The USFWS has detennin.ed that wintering bald eagles may occur in the vicinity of the project (USFWS 2001, see Appendix C for agency correspondence). Wintering activities typically occur from October 31 through March 31. Communal night roosts are an important component of bald eagle wintering habitat Use of a roost site is primarily related to prey abundance and distribution and secondarily related to features including tree structure and microclimate (Stinson et al. 200 1). Roost trees are typically the largest, tallest and more decadent within stands of trees. Although the site is approximately 0.5 miles south of the White River, a likely foraging area for eagles, we did not detect suitable trees for roosting bald eagles on the site. The WDFW (2003a and 2003b) PHS database does not show winter concentration areas or occurrence of wintering bald eagles within the vicinity of the project site. L..4i:7 -f- 5 ?' ? f v/I-~-- J Le!. r/'~':::: 5 Bull trout ""~ -f-h-€.. ? f'le> /<:-/' 1-7 " On November 1,1999, the USFWS issued a fmal rule announcing the listing of bull trout throughout the coterminous United States as a threatened species under ESA (Federal Register 1999a: 58910-58933), Bull trout were once widely distributed throughout the Pacific Northwest, but have been reduced to approximately 44 percent of historical range (Quigley et al. 1997). Bull trout are thought to have more specific habitat requirements in comparison to other salmonids, and are most often associated with undisturbed stream habitat with diverse cover and structure. High quality bull trout habitat is typically characterized by cold water temperatures, abundant cover in the form of large wood, undercut banks, large boulders, etc" clean substrate for spawning, interstitial spaces large enough to conceal juveniles, and stable channels. Therefore, negatively impacted watersheds are not thought to provide optimal bull trout habitat. The (WDFW 2003a) PHS database documents the presence of Dolly Varden charlbull trout in the White River, Although undocumented, bull trout may migrate from the Kersey III -- Plants and Animals Assessment Draft EIS Report Raedeke Associates, Inc. May 17, 2004 E ,XtrlB / T 2f( JFJff/~j- 5~~ )~I'e .,./ 30 native habitat. For example, the stream and wetland complex on the western portion of the site is contiguous with the off-site forested parcel to the east, and with the exception of Kersey Way, the buffered corridor created by Bowman Creek to the north. BPA powerline corridor will continue to be a major movement route for species such as coyotes and black-tailed deer, terrestrial species that likely use the site as part of their home range. Impacts to Stream Habitat The creation of impervious surface within the Kersey III project site would likely cause an increase in stormwater flow volumes leaving the site, which could cause downstream channel and bank erosion within unnamed tributary 0043 and Bowman Creek (GeoEngineers 2004). If un-mitigated, this could result in adverse impacts to stream habitat such as loss of existing pool and riftle habitat, loss of stream bank vegetation, and loss of spawning areas. Stream habitat loss could result in a reduction in usage by cutthroat trout and Coho salmon, which currently use portions of Bowman Creek. Potential impacts to downstream habitat would be mitigated through design of on-site stormwater facilities to meet 50 percent of the peak flow rate of the 2-year storm event and match (100 percent) the peak flow rates for the 10-year, 25-year, and 100-year storm under existing conditions (DBM 2003). The restricted discharge rates would reduce the potential for downstream channel and bank erosion, and no significant adverse changes to the channel will be likely to occur (GeoEngineers 2004). 4.1.3 Impacts on Endangered, Threatened, Sensitive, and Other Priority Species Development of the Kersey III site is not expected to affect endangered, threatened, or sensitive animal species, as none have been documented on the site, and potential habitat is either absent or very limited. The USFWS states that bald eagles, a state and federal threatened species, may winter in the area. As noted above, the Kersey III site does not likely provide roosting habitat for this species. Even under current site conditions, bald eagles are more likely to use sites closer to larger, fish-bearing waters. Eagles that might currently use the site for perching would likely no longer use the property due to the proximity to human activity and disturbance. No bald eagles were observed on the property or in the area during our field visits. Se.e- ~::~ Bull trout and Puget Sound Chinook salmon, listed as federally threatened and state candidate species, are documented to be present within the White River; however, these species are not documented to occur within Bowman Creek (WDFW 2003a). Because no significant changes to the channel of tributary streams are expected from the proposed development (GeoEngineers 2004) and due to the distance upstream from the White Kersey III -- Plants and Animals Assessment Draft EIS Report Raedeke Associates, Inc. May 17, 2004 , i I I I B//'d c 6F0i E"1/e.-) I k e~' I use{ TIr e;. I S Pft7G /BJ t3ye 30 4. t, D t We.. h tro-e.- N e-s I-; ~ b.,q.Ld E~I e..$ . *,+- , fG~~ e~_-:z:_'iJ:Ih,J_d tI--4./'D~5 C1:OI:i- 1>7~ I ~;-,J +- '(.4-r It: - :r- h It-LJ e 5eetJ cfZ ~ i 1t;J d A-etV +k&J<-f e.u Uy dll<f- It+O/' I 'pfW4tf)~ I ~ /'J.-l + !fYI-/' Ie. T do +h-e- 7,4:1' I<. is v Pet' ;.,.J -I- b I :::w b 1/-1-:. v",. F*<4 ~CJ cI p" ,,,-> .j-, ? Itr k- /I--J" +k.r I frl'e Wrd ,tJ ONe.- ~ 1- M.A I~S 0 r ft~ I t}ofose--d?roJeJ-, Thetr Irl,5ohsA ~c!. .. I {j~~ r::t:L/~:fr- 1:;/ ~-~ >'i~/4;~j2JPsI I ? t/, 60>' 1)'-7'5 5'tIH;ve-T' I (VA. 9g?7~ ;;,-5J-a~Z -~~37 Witl A-tJd je,.M) JvtvM 1-n-&~Z-?c/3S- IBs-2<j Vr~(t)od Vr,-ve ~ !r~ ~ fA} A ' 98391 f?ob A-qj JOch J"OAltt/dsed ~oCJz- '(/ltJt',t(j lc/Al..f-.ew J."..A:-c /~~s 4/IJ- ~3?/ :2-D3 -g, z 0 J.-s-~ ctZiC- ~cli lirA.- /B 5"3'1 OI'/rI /l/lJtJd lJ}1/te e 11-5f- J..1f~e..- Tfrl15 t w1f--- rf;3fl [;''53 -.)..;;''7-(7~Z- -SOh ~ ~d C-I;J 1'1 fll,(Jd, ol?Urk /8~/t/ 7),lr!--wtJoc! Vr/t/e L/I-S~ j de TIf///P5 (WR ~s- 3 -- '6. <t / - i::J 7 t 2___ ~ ~ 39(' ~rri -rtfl'/-Ay IlIi-~hd i -!:N Le-+ :J::-S L~J [ 4bb I No,..J-h rsLfH.1d bl)~v e tkttk.e- ~ffs k'1}-fB37:1 I NMk .;-'~i<52- N~()b~uc-r. I >{Z.(.o7 / ~fl-l1 ITcH ~-?-Srl ~-t--~ __~-4#J:k-e 7?1jY::S ~/W 4-, ~'ZB3f1L~ i f- M!'rr 1. 10) Dur J 0 F 11 jV~S {lJU'1 I IT,ert (fLow, 'DriFhuc<,> d 'Pr.ve.. _I ~ MJ Ie-S C) F- Jcef'$~1 pro zr-e.<.---t- ?rc.;>Yi'~.I'1. 02IS3 - 8~ ~ - t/:I S-O I I I t I I i I I I ! ~~2- ~92~ .:f-. LnolL-See ~5 +1 € PI.{ lEd ~r; ljeft/'. Breeding areas of the osprey, a fish-eating hawk, are considered by the WDFW (1999) as a priority habitat. The nearest osprey nest identified by WDFW (2oo3a) is located approximately 3.5 miles east of the property along the Green River on the Muckleshoot Reservation. Numerous other nest sites are mapped in Lake Tapps several miles southeast of the property. No osprey nests are documented on the White River in the vicinity of the Kersey III site (WDFW 2003a). Ospreys likely forage in the fish-bearing waters of the Green and White River near the site however, suitable sites for nesting, larger snags or live trees with broken tops or suitable branches with views of the foraging area, were not observed on the Kersey III property. No osprey nests were located on the project site during our recent or any previous surveys (DBM 2000b, J. S. Jones and Associates 2000). State game. Game species are those native species managed for game hunting. Four state game species of concern are expected to use habitats found on the project site or vicinity (King County 1987, WDFW 1999; see Table B.1), These include the wood duck, band-tailed pigeon, mink, and Columbian black-tailed deer, One of these species, the black-tailed deer, was detected during our 2002 field investigation of the site; however, "regular concentrations," as defined by WDFW (1999), are not known on the Kersey III site. 3.5 WILDliFE IlABITAT NETWORKS OR CORRIDORS Wildlife habitat networks or corridors can take different forms, depending on the landscape. For example, corridors can be in the form of hedgerows or fencerows connecting woodlots in an agricultural landscape. In a fragmented forested landscape, corridors are linear patches of forest or forested riparian zones connecting larger patches of forest. They can also be non-forested linear patches, such as utility easements, or wetland and stream systems, in a landscape that is forested, In an urbanizing environment such as this portion of the City of Auburn, open space or native forestland can act as corridors connecting otherwise disjunct habitat for wildlife species, Corridors can provide: (1) habitat for certain species; (2) movement pathways; (3) extensions of foraging ranges for large, wide-ranging species; and (4) escape from predators (Harris 1984, Levenson 1981, Noss 1987, Noss and Harris 1986, Simberloff and Cox 1987). Corridors may also have disadvantages, such as: (1) providing conduits for disease, fire, pests, and exotic species; (2) increasing exposure to predation; and (3) potentially having negative genetic impacts on a population (Noss 1987, Simberloff and Cox 1987). Definable migration corridors existing on the property include avenues of movement such as the wetland/stream complex on the western portion of the site for water- Kersey /II -- Plants and Animals Assessment Draft EIS Report Raedeke Associates, Inc. May 17, 2004 22 ~~ (lr;r' e.,c -I- . <:i e e.. Aley-l- ?/f7~ . T;XHIf3/T 30 3i~/ C t/5 ~er . ;!bI,t- .J t'ef)'er IJ..T- E1:s I.. mJe :?f< L /(k5~ 5'/:k) i We. I;/l-Ve 11 ?,,;/' o/" 05""'/''''-75 ~I ~-~ -___, lti Jr-/-_ ...,Aj~ $ ~'H _~ -r- _ _ Ig~,?: ~_ __5;' -M.._S/._ . I 1./11/1 8 BD"""'~ LA-ke . ge3N . W,f,yeff Je'&~ ,rl-Nd ?;!-A.-f""y kil.Jj (;'23-311"-//,5"2-) i- t The/;;/'cls Ft/e Lo~c/ ?e~S' <.f:h~ i flf' ~;t~ ~~ Prt>~ P/o/'~.,L/_ 'n~7 'v5~ I kerset (!42/"/cIo/ /-j//I 5/cIe clv//~/ ~ j S fJ/,/""f ~i5' C/#MC-'. 'Tle.... 05.J'l/:-r.5 A/T~ . .. ;!(/-ej-/;wf ;fIle.. S. -4.~ /~. ",,4 ;:b/A/~/ ?e.h'<=e... ~:t ~t~~~~~::/- &r#- ~d ()/iNwtt'aI' /j/W,? /#k- /Wl::> h/~es hl)~ kusey:r:c /f-,(/ess) . , /: 4/~e /.Jf'h#cq ;Z-S-3-gs~2.-~Z.J? C?.A/k Sup+:) ~I E/1/c ~cI//1 /I- /a-r31 D~/Hu/c;~r:I pr. eM~ dtJeil Jr~- ).~'1-/77z-30~;J)~ . L(tke,Y83~ I @1UOhJ !-//IJ~it6~h. <<\- C~tJdi triNetAb~ f i SolD tnl NfAJt!)<:Jd 1)1'/ve C 'L'J3- e>f l"'o7~2- h/1w Ww. J.J Ol<t~ wes+H fl-I'/N e - sk i I (!o {.(4 rYi tuitl ANd U-efiIJ 0V Iv^'1 leS-2-7 1)r; pfwooe! D/'. E. /7};.,. bO. N IV e '1 ~A~ I vJ ~, '163<71 ;z.. 5} .f3t,. z. - t; ~ 3 S- Q/l Rod IftJd JUdtf JoJ1lftJ,J~e,J ~ 77Kltu#- f>,/tJl- i ;2-5"3 -e~2 -02.16 ;}eo2- /KtP~# ~/,lC/7" E#'5;/-- L~Je 7.i/~ 1$3fr Ct< a: /lu';I,(.t/"" Auburn City Council Chambers Public Hearing of the Auburn Hearing Examiner February 22, 2006 APPLICATION NO. PL TOS-0001, PUDOS-0001, REZOS-0001 Kersey III, Division I The request of William and Debra Jones for approval of a preliminary plat, rezone from R-1, Single Family Residential, to Planned Unit Development (PUD) District, and PUD approval to subdivide 50.60 acres into 167 single family residential lots. APPLICATION NO. PL TOS-0002, PUDOS-0002, REZOS-0002 Kersey III, Division II The request of Elwood and Joyce Bolles for approval of a preliminary plat, rezone from R-1, Single Family Residential, to Planned Unit Development (PUD) District, and PUD approval to subdivide 38.40 acres into 201 single family residential lots. . < /1;1/-; ( / ( ,-4 J- /' if ' \J\.l , Hearing Examiner: t"'"'?' "p{ J( t.Q ~ ~ /_J!; I have concerns 0 r the consequences that large-scale development 9f~rsey III may pose to the local ater supply. Many of the adjacent landowners; like our family; are dependant upon well water to serve our needs. As you may recall, during the summer of 2003, there were approximately 15 families along 53rd Street SE; that had wells that went dry. My family was one of the families. Therefore, we have a vested interest in understanding the process that the City will use to determine the capacity of the local aquiferes), the extent of current usage of each aquifer, the forecast for aquifer rate of recharge due to climate changes and any other effects that development make cause to our water quantity and quality. During the course of restoring our well, I learned much about the local hydrology. I saw first hand, the concerns that local and county representatives had over sustainable water supplies for our area. During the same summer and the summer of 2004, the City issued notices in Lakeland Hills, requesting curtailed water usage. (See attached letter.) Ultimately, water had to be diverted from Bonney Lake to meet local demands. Responsible growth demands consideration of the adjacent property owners and community. How will the City balance the needs of the proposed development with long-term sustainable water for the existing local residents? Given, the water problems of 2003 and 2004, the projected growth in Auburn, and overall demand for more water; you can understand our concerns over such a fundamental resource, our water supply. Thanks for the opportunity to address the Hearing Examiner. Page 1 of~ tXf+IBi r 3/ APPLICATION NO. PLTOS-OOOl, PUDOS-OOOl, REZOS-OOOl -Kersey III, Division I APPLICATION NO. PLTOS-0002, PUDOS-0002, REZOS-0002 -Kersey III, Division II Sincerely; p~L~ Bruce Koch 2815 53rd Street SE Auburn, WA 98092 (253) 735-0537 mailto:bnikoch@foxinternet.com Page 2 of 2 o\,? ?-" 7-"~ July 19, 2004 :1r 0-/ . t ~~ Re: Water Supply Concerns Dear Lakeland Hills area Homeowner: This letter comes to you with Auburn's sincere concern about the ground water supply for Lake/and Hills water service area, Due to a dryer than normal spring and summer, the aquifer levels for the two wells that supply your domestic needs are reaching low levels. The larger of the two wells water level is in danger dropping the water level below its intake, which could cause it to pump air, Although Auburn Water Division staff is keeping a very close watch on these aquifer levels, the city may find itself requesting supplemental water from the City of Bonney Lake again this year so that our aquifer may recover. Auburn is asking that you to continue to be good stewards of our natural resources and begin to practice voluntary water curtailment efforts. Activities such as minimizing your lawn watering, car washing, recreational sprinklers, and the like will help the City stretch its valuable resources. If you would like further information concerning water curtailment and conservation, please call Bill Scheder, Water Resources Technician, at 253-288-3138. Most of you will recall that we requested this same action of you late last summer. Your efforts in curtailment last year minimized the amount of Bonney Lake water purchased by the City. With your continued efforts this summer it is Auburn's hope not to have to purchase Bonney Lake water this year. Please also be aware that Auburn is in the process of equipping an additional well in the Lakeland Hills water service area with pumping equipment that will increase the reliability of supply to your homes. We hope to have this completed by June 15, 2005. If you have questions or concerns, please feel free to call me. My office number is 253-876-1998. My office hours are 7 - 3:30, Monday through Friday, Respectfully, Ken Haines Water Operations Supervisor Department of Public Works Irs J February 22, 2006 The purpose of a rezoning of this type is to change the population density allowed by the current zoning set by the City of Auburn in 1986. And the only way to change the zoning is to demonstrate factually, that a change of circumstances have occurred since the original zoning was set. I have copied here, the exact wording and added comments for this very critical aspect from the Findings, Conclusions and Recommendations presented by the Hearings Examiner Paul Krauss dated September 13, 2005: "Conditions in the area have substantially changed and the rezone bears a substantial relationship to the public health, safety, morals or general welfare. " "When considering a rezone, the Applicant has the burden of proof in demonstrating that conditions have changed substantially since the original zoning and the rezone bears a substantial relationship to the public health, safety, morals or general welfare." The applicants proposal must "demonstrate a sufficient finding offacts to support" the assertion that a change has occurred. The applicants have not presented any quantitative data to support this assertion as indicated by this quote: "However, neither the Applicants nor the City cites to specific quantitative data demonstrating the need for additional housing of this type, the trend in Puget Sound towards small lot development, or population growth for the City." This has not changed since the original filing Many of the basic qualities of the proposed site and the surrounding area are what make the existing zoning the proper code. The site is not simply a two dimensional plot map located directly adjacent to a high density housing project located on a Western facing hill. It is located on the edge of a steep Eastern facing hill with dramatically different characteristics. And that is what is so troubling about the proposed development; it ignores the facts of the locale. The infrastructure, geography and geology have not changed and they are the same as they were in 1986: · The road system stretching from downtown Auburn via Auburn Wa S; R Street; over the narrow bridge and up Kersey has not changed to accommodate the excessive demand already placed on them. Adding more traffic will only exacerbate an already overcrowded road system. · Like all other Washington cities, the City of Auburn has had road taxes taken away and cannot afford to provide basic maintenance on the existing roads. A recently passed bond issue was needed to provide desperately needed repairs. · The school system is unprepared to absorb additional students without adding new facilities. · The fire protection system is unprepared for the growth. · The police protection system is unprepared for the growth. [XH-tBI r J2 · The City of Auburn is unsure as to what affect the water level in Lake Tapps has on the city's water aquifers. As such, it is nearly impossible to predict the affect of paving over and building houses on such a large tract located below the Lake Tapps water table. Plus the added load on same that this development will cause and the recent sale of water rights to the Tapps reservoir present significant questions for future demand on the aquifer. · Several wells have gone dry in the past few years less than a mile from the proposed development and no one is sure why. · This year's heavy rains saturated the entire region East of Kersey and flooded fields in the same area as the dry wells. Water was virtually flooding across Kersey just below the property in question. Where did this water come from and where did it go? · It is impossible to predict the effect of the run off cause by the proposed development on the White River Salmon run. That's because so little is known about the geological infrastructure that lies below the surface of this fragile area. Not only have the applicants not shown that a change to the zoning code is justified, my friends and neighbors have demonstrated no change to the zone should be made. There are far too many unknowns and far too many negative aspects to warrant this change. While growth should be a positive event, the ability to grow depends on an adequate infrastructure and appropriate geology to support that growth. Public safety and general welfare now and in the future must be the guiding factors.. R~ f)!J! iLi. ~.,,---.J4[lL~ Bill Anderson 4607 47th St SE, Auburn, WA 98092 (253) 887-7741 20 1995:38011-38030). Although population levels have not declined from historical abundance levels, several risk factors may necessitate the listing of this species under the federal ESA in the future, Risks to this population involve artificial propagation, high harvest rates, habitat degradation, dramatic decline in adult size, and unfavorable ocean conditions (Busby et al. 1996). Habitat degradation can occur because of activities such as logging, agriculture, development, and dams that can cause high mortality from egg to age-one smolt. The distribution and abundance of Coho salmon is most likely influenced by water temperature, stream size, flow, channel morphology, vegetation type and abundance, and channel substrate size and quality. Coho salmon prefer to spawn and rear in stream reaches with less than 4 to 5 percent gradient. Coho salmon generally return from the ocean to spawn from early fall to late spring, spawn in mid-winter and then die. Spawning occurs in substrates ranging from silt to large gravel of tributary streams (Johnson et al. 1991). Coho eggs incubate from four to six weeks depending on water temperature and hatched larvae generally remain within the gravel substrate for an additional three to four weeks before emerging in early March to mid-May (Wydoski and Whitney 1979). After emergence, Coho fry typically congregate in schools within pools, while juveniles aggressively defend territory in riffle habitat. Juveniles generally rear in natal streams for one to two years before migrating to the ocean (Wydoski and Whitney 1979). Coho salmon have been documented in the White River and the lower reaches of Bowman Creek upstream to the confluence of Bowman Creek with the unnamed tributary 0043, which flows from the western portion of the Kersey III project site (WDFW 2003a). Although undocumented, juvenile Coho salmon may migrate upstream within Bowman Creek up to a 2.5-foot falls created by a small man-made dam within the creek located just west of the intersection of Kersey Way with 53rd Street SE. In addition, fish access to streams within the Kersey III project site from Bowman Creek is blocked by a culvert beneath Kersey Way, as described above. Other Priority Animal Species The WDFW (1999) lists species as "Priority" for management and conservation other than those legally designated as endangered, threatened, and sensitive (WAC 232-12- 011, -014). State designations include candidate, monitor, and game species. Several of these species could be found on-site (Table B.1) and are discussed below. State cand' tate candidate species are those fish and wildlife species that ''will be vlewed by the WPFW (POL-M-6001 \ for possible listing as endangered, threatened, or sensitive according to the process and criteria defined in W AC-232-12-297" (WDFW 1999). As noted above, pileated woodpecker foraging sign was evident on primarily Douglas fir snags in the conifer stands east of the powerline and the mixed forest stands. Kersey III -- Plants and Animals Assessment Draft EIS Report Raedeke Associates, Inc. May I7, 2004 [x 1-1113/r 33 21 This species typically occupies large home ranges (one square mile or more) and may forage a great distance from the nest. Large snags potentially suitable as nest sites (greater than 16 inches dbh and relatively hard) were only widely scattered throughout the site; most snags on-site were too small and more decayed than generally used by this species for nesting. Larger snags (18 inches dbh) were observed in the conifer stands 71 :.5 within the mixed forest east of the powerline; however, no active pileated woodpecker 12 ~ I / . 5 nesting cavities were observed during recent or previous field surveys (DBM 2000b, J.S. b //,(J' I Jones and Associates 2000). A pileated woodpecker nest was docwnented southeast of Jle-sli AJ.5 Bowman Lake, approximately 1.5 miles southeast of the site. The nest was reported to 77J. . ,;c;j f be active in years 1984, 1988 and 1989 (WDFW 2003a), J~ '/tJV. /' a.:" IlJtp15ey 74--l- . The Vaux's swift may forage aerially over portions of the project site, including over the ~~7 tree canopy and wetland habitats. Vaux's swifts are typically associated with old-growth / ~. ,.../ forests, where cavities for nesting in tall snags are more abundant (Lundquist and Mariani ~ 1991, Manuwal 1991). Swifts were not detected on the Kersey III site and they would AI e5 f not be expected to find suitable breeding sites on the project site. /IV 5VA(If4Jel' . tIS! 5~ p)/~2-j&~ sc::e I n#~d J)~cv~1- State monitor. The tailed frog, a State monitor species, was identified in the "riparian areas" on the Kersey III site (DBM 2000b). No other information was given regarding this observation. Tailed frogs typically inhabit rocky, fast-flowing cold, and permanent streams from sea level to 5000 feet on both sides of the Cascades (Dvornich 1997). Eggs are attached under rocks in streams and the tadpoles cling to rocks with suction-like mouths. Tadpoles develop very slowly and may take 2 to 5 years to metamorphose (Corkran 1996). The small seasonal tributaries on the Kersey III site and the downstream off-site channel do not provide the necessary breeding habitat as described above for tailed frogs. Additionally the range of the spotted frog is typically shown to occur further east (Dvornich et al. 1997). Tailed frogs have not been identified in Bowman Creek or in the White River (WDFW 2003a and 2003b). It is likely that the observation of a tailed frog was a misidentification of a more common amphibian such as the chorus frog. No amphibians were observed during our field surveys. Great blue herons are of concern because they nest in colonies, and are vulnerable to nest disturbance and failures. Great blue herons could use the large trees on-site for perching and grassland and wetland habitats for foraging, however herons were not observed on the property. The nearest known active nesting colony is located approximately 3 miles west of the project site west of State Route 167, with another colony approximately 5 miles southeast ofthe project site along the White River, Green herons are uncommon in wetlands in western Washington. A "probable" green heron nest with young was identified approximately 2 miles northeast of the site on a steep slope below Auburn Academy (WDFW 2003a). Green herons nest in trees, usually near water (Smith 1997) and could nest in the deciduous forests on the Kersey III site. Green herons were not observed during our 2003 field surveys. Kersey III -- Plants and Animals Assessment Draft EIS Report Raedeke Associates, Inc. May 17, 2004 C f>; rd ctJkJ~e{) ~~ DTffl"ie 2 ( E~S.~ e- Z-D] Ykj~erS=~~I:f~j1 h~~~jJiF;:~ H~8~f.+ For . 5'.~LCk_M 5'ho~ 5:. u fJ hJ h~ PeJ:>f/eu /tt~ .. . . ~"6(.J -r--J d. 'S +- ,q-,J Yu r /) t,.j 5' e.e. -S ~ r-s b ll" cf j!Jif(bt~~~af:fJ!,]~11?q ;~~'1~rj~~T.F:=~-- . 3' loJl1AA. . 4) 2-/z-, o~ VJi+NeSS . 5iA--t-J BrD;,J ." $(;2-9243 172-2.3 2-~cL 3+ E 983r I ]0 N t-J c:. Y L-Ft- k e- lJ...)A- - VJ tiN e-S S l<:=:} ('- k:- t1!\J d~ 50 J 171lrz "2..N d Sf,f. t50 tV N c'1 L tI-1c-e- tJ..j.Pt. 1 f3.}q I M~/l:.,e Bl.Ib~J - ~ I1-H Lee- B1'k~^/ MA-JU Ro, &,!u 17-C(3 srf!~ ~- ~t>,'io II I /7c.rIL JI/-~ EIf)v?- ZJ3~8~2.- ~Z$7 B~., '-~ ~'18n' @ f}I'Y 'I- Ul#tr<e-+ ~/e5 I /7?7f, I/~ EA-St- Bo~y j.,~ tv~~ <18391 (J{6'3-eQI- .~~J~)_ ,'"' A letter to the Hearing Examiner of Kersy ill February 21,2006. After all of the mud slides in the area this year, I am afraid of the environmental impact study that has been written for this project. As I drove through the "S curves" on Kersy Way,(during one of our rain storms this winter) where it goes under the power lines, the water was coming across the road in sheets. I don't think there would be a road for long if the builders were to "remove all existing vegetation" as the last sentence of the study claims. There are 4 slide areas and several springs that haven't been mentioned. Water floods down these slopes and is collected by the trees and lush vegetation that is there, but where will it go if the trees and "all existing vegetation" is eliminated. Also, there are many wild animals and birds living in these woods, where will they go? Do they receive a map to the " eleven relocated wetlands"? Kersy Way is a very steep road, but very used...what are we going to do when it is covered with mud? Another thing is the amount of extra cars that will be using this road. I have experienced the traffic going in and out of Orting each day. The cars are lined up from Orting to Sumner starting early in the morning as people commute to work and lined up from Sumner to Orting in the evening as these same people try to get home. But, the road is level and for the most part straight; Kersy Way is not. There are no shoulders and even if the builders add a couple of lanes two blocks north and south, what about the impact these extra cars will have on the rest of the road? Can the builders make the roads around the lake 4 lanes and also "R" St SE, so that the people living there can get out onto the road from the side roads in less than 10 minutes? Let's talk schools...the builders are willing to give $800,000 for the schools, but the schools need ten million to go ahead with the need for the existing students, who takes care of the rest? I really think the building has gotten ahead of common sense. We need to take all aspects of the impact this development on the entire Auburn area, I invite you to come on out and we will walk: the land together. I think that will tell you all you really need to know. In all sinceri , b~ /11~; y1~ Gary mid Margaret Staples 5 - /7 b..d- At! e.. Ec:zsf J-ic~fS/ wA - Qcg39/ cxl-tlb/ T 3 ~ ':)~V'e. fi lcV\<'V' iii JOHNSMoNROEMITSUN~9~ d Robert D. Johns *- d Michael P. Monroe *- d Darrell S. Mitsunaga *- d Duana T. Kolouskova ,~ Mr. James Driscoll Auburn Hearing Examiner 25 West Main Auburn, WA 98001 March 3, 2006 Re: Kersey III, Divisions 1 and 2 The purpose of this letter is to respond to comments contained in letters submitted into evidence during the public hearing on the applications for the Kersey III, Divisions 1 and 2 projects which occurred on February 22, 2006. Before addressing specific factual allegations in some of the letters, a brief summary of several applicable legal points is necessary: Parkridgedoctrine: Two of the comment letters raise objections to the Kersey III applications based on the decision in Parkridge v. Seattle, 89 Wn.2d 454, 573 P.2d 359 (1978). The essence ofthe rule in the Parkridge case is that an applicant for a rezone must demonstrate that a change in circumstances justifying a rezone has occurred since the existing zoning was imposed. h1 this case, the subject property was zoned R-l since at least 1987 (Staff report, p, 8). There are two significant planning decisions which affect the subject property and constitute the changed circumstances required by Parkridge: First, the Growth Management Act was passed after R -1 zoning was applied to the Kersey III property, The GMA requires that property located within a city be classified as urban and that such property must be developed at a density of at least four dwelling units per acre. Bremerton, et aI., v, Kitsap County, CPSGMHB Case No. 95-3-0039c, This fact alone not only supports a rezone to a density consistent with GMA standards, but requires that a rezone occur, Second, in 1995, in order to comply with the aforementioned GMA requirements, Auburn adopted its updated Comprehensive Plan, designating the subject property as Single Family Residential (4 - 6 dwelling units per acre). This fact is also a change circumstance supporting approval of the proposed rezone, which would bring the zoning for the Kersey III property into compliance with the Comprehensive Plan. The Parkridge standard has been satisfied and approval of the proposed rezone is consistent with that decision. EXH\BIT 2e: T: (425) 451-2812. F: (425) 451-2818 Cypress Building 1500 114th Ave, SE . Suite 102 . Bellevue. WA 98004 Mr. James Driscoll, Hearing Examiner March 3, 2006 Page 2 EIS Adequacy Issues: Several of the comment letters, including the letter from the Muckleshoot Indian Tribe and several letters regarding wildlife signed by a group of people led by Mike Bykonen, raise challenges to the adequacy of the EIS for Kersey III. The Final EIS for the Kersey III project was issued on February 11,2005, No appeal of the adequacy ofthe EIS was filed within the time limit specified by AMC 16.06.230. As a result, no challenges to the adequacy of the EIS are permitted. Nexus and Rough Proportionality: A number of the comment letters ask that conditions be imposed or that the application be denied based on existing problems of one sort or another in the City of Auburn. Although the Examiner is aware ofthis, it bears repeating that the applicants' obligation to cure existing problems and/or contribute to solutions to those problems is limited by the principles of nexus and rough proportionality. Both principles were first enunciated by the United States Supreme Court, The first principle, referred to as the "nexus" rule, provides that a permit condition can only be imposed if it is necessary to mitigate an adverse impact of a project. Conversely, a proposed condition is not permissible if it does not mitigate a harm caused by the development. Nollan v. California Coastal Commission, 483 U,S. 825 (1987), The second basic principle is that there must be "rough proportionality" between the impact of the new development and the extent of the mitigation required. This rule was announced in Dolan v, City ofTigard, 512 U.S. 374 (1994 The two concepts of nexus and rough proportionality have now been incorporated into the law in Washington through both Court decisions and the Growth Management Act amendments to RCW Ch. 82.02. The decision in Unlimited v. Kitsap County, 50 Wn. App. 723 (1988) adopted the nexus requirement and Sparks v. Douglas County, 127 Wn.2d 901 (1995) adopted the rough proportionality test. Both rules have been applied innumerous cases since then. The Growth Management Act amendments to RCW 82.02,020, authorize local governments to impose permit conditions on development, including requirements for impact fees and dedication of property, provided these conditions "shall be imposed only for system improvements that are reasonably related to the new development," RCW 82.02.050(3)(a), and "shall not exceed a proportionate share ofthe cost of system improvements that are reasonably related to the new development." RCW 82.02,050(3)(b), These two statutory provisions legislatively adopt the nexus and rough proportionality principles. JOHNS~ONROF~ITSUNAGA PLLC ML James Driscoll, Hearing Examiner March 3, 2006 Page 3 The bottom line is that the Kersey III project may be required to participate in solutions to regional problems if the project will either cause a problem or aggravate an existing problem and that the extent of mitigation that can be required is that the applicants pay their "fair share" ofthe cost. The application ofthese rules to specific situations is discussed below. Traffic Issues: Several traffic issues were raised. The applicants' responses are as follows: · Traffic volumes: Several of the comment letters assert that traffic volumes on Kersey Way and 53rd are currently unacceptable and predicted that future volumes at this intersection would exceed the capacity ofthe intersection. As indicated in the FEIS, Appendix F, Section 2.3, existing traffic volumes were not measured because the extension of Evergreen Way and a number of unrelated capital improvement projects in Auburn will "significantly change traffic patterns in the area." As a result, there is no way to determine whether the current unsignalized intersection meets City standards. However, the City's traffic consultant, TSI, did analyze the intersection using projected future traffic at the intersection, plus traffic from 481 homes in Kersey III (which is significantly more than the total number of homes now planned). Their report (FEIS Appendix F, Table 7) indicates that the Kersey Way/53rd/Evergreen Way intersection will operate at LOS B at full buildout of Kersey III, well within the range of acceptable levels of servIce. · The TSI report also concludes that only two intersections would be expected to suffer a decline in level of service to unacceptable levels ifthe Kersey III project is developed with 481 units - the intersection of Kersey Way/53rd/Evergreen Way and the intersection of Evergreen Way/Lakeland Hills Way. In both cases, the TSI report indicates that the appropriate mitigation is signalization. The Kersey III applicants will be required to pay 100% of the cost of reconstructing and signalizing the intersection of Kersey Way153rd/Evergreen Way per staff- recommended Conditions 11, 12 and 13, and will be required to pay 100% of the cost of a roundabout or a signal at Evergreen Way/Lakeland Hills Way per Condition 14.. · Fassbind driveway: Mrs. Fassbind's comment letter repeats her testimony that the tentative layout for reconfiguration of the Kersey Way/53rd/Evergreen Way intersection will not allow adequate access to her home given the fact that she drives a large vehicle and tows a trailer. As the project engineer, Rob Armstrong, testified in rebuttal, the proposed layout for the intersection is still tentative and J OHNSMoNROI.:MITSUNAGA PLLC Mr. James Driscoll, Hearing Examiner March 3, 2006 Page 4 subject to final engineering design which will include consultation between the City of Auburn staff, the applicants' engineers and the Fassbinds. As Mr. Armstrong indicated, there are potential solutions to her problem, including the use of two driveways. This issue should and will be addressed during the City's review of final engineering plans for the intersection. · Unsafe Driving Conditions on Kersey Way: Several comment letters raised concerns that Kersey Way is unsafe when ice and snow conditions exist. Several also raised a concern that Kersey Way is the only access route into and out of the , neighborhood southeast of the Kersey Way/53rd/Evergreen Way intersection. Approval ofthe Kersey III project will allow extension of Evergreen Way to Kersey, creating a second access route which will be available during ice and snow conditions or other emergencies which adversely impact Kersey Way. On this issue, the Kersey III project is part of the solution, not part of the problem. As Mr. Armstrong testified, this is the reason that extension of Evergreen Way is part of the City's Transportation Comprehensive Plan, with the exception of the fact that if Kersey III is constructed, the extension will be constructed at the expense of the applicants instead of Auburn taxpayers. · Off-site Road Improvements: Several letters raise concerns about hazards to pedestrians and bicycle riders on Kersey Way. A few of the letters appear to be unaware that the applicants for the Kersey III project will be installing a ten foot wide walkway/bike lane along the site frontage on Kersey Way (Condition 26). Other comment letters were concerned that these improvements were not being extended to the north to the point where an existing sidewalk exists. This is a situation in which the rough proportionality rules clearly apply. The Kersey III applicants are paying their "fair share" by improving their frontage to address an existing problem. It should be noted that requiring the applicants for the Kersey III project to only build their fair share of the ultimate improvements to Kersey Way does not mean the existing problem north and west will not be addressed. There is already one additional pending application located on Kersey Way which will be providing another segment of this improvement (Lakeland Hills Estates) and we have been advised by the City staff that another property owner (Litowitz) who would construct another segment of this improvement north of and adjacent to Lakeland Hills Estates is expected to submit a plat application shortly. As each of these properties is developed, the pedestrianlbike lane for Kersey Way will be constructed in a manner consistent with the rough proportionality rule. JOHNSMoNROFMrrSUNAGA PLLC Mr. James Driscoll, Hearing Examiner March 3, 2006 Page 5 Water Quality and Flooding Issues: Again, several issues were raised: · Retention - Detention Pond in Kersey Way ROW: Mrs. Fassbind's letter asserts that there is an existing stormwater pond in the Kersey Way right-of-way that currently overflows from time to time and she is concerned that the flooding will get worse if the Kersey III project is approved. This problem is already addressed by the last sentence of Condition no. 20 proposed by the staff and accepted by the applicants. That condition requires that the applicants' stormwater system mitigate "the existing on-site drainage deficiencies in the vicinity of Kersey Way near 53rd Street SE." · Bowman Creek Water Quality: Several of the comment letters raised concerns about water quality and/or salmon habitat in Bowman Creek, indicating that the Creek once contained salmon habitat but that the Creek presently does not have salmon in it. Application of the nexus rule in this situation would indicate that the Kersey III project has not caused this problem since the salmon have already disappeared. However, it is also reasonable to require that the Kersey III project not do anything that would prevent the restoration of water quality and the return of salmon to the Creek if the existing problems can be otherwise solved, With this in mind, the conditions of approval require requires that the applicants resolve an existing erosion problem at the outlet of the culvert in the Creek under Kersey Way. (Condition 19). Technically, this requirement may not meet the nexus requirement, but the applicants have agreed to provide this improvement in any case. In addition, as the City staff testified during rebuttal, the applicants is being required to provide both temporary erosion and sedimentation controls during construction and permanent water quality treatment in accordance with the City's adopted Stormwater Control Manual as required by Condition 20. These requirements should adequately address any concern that the Kersey III project may contribute to deterioration of Bowman Creek. Utility Capacity Issues: Two comment letters raised questions about the capacity of the City's water and sewer systems. These issues were addressed by City staff during the rebuttal testimony when they testified that both water and sewer systems would have the capacity to adequately serve the Kersey III project, partly as a result of recent improvements installed by the City and partly as the result of improvements that the applicants will be installing. Transition Issue: One comment letter suggested that the lot size be reduced to one unit per acre in order to provide a better transition to adjoining property east ofthe site which is in the rural area. This suggestion is inconsistent with the Comprehensive Plan J OHNSMoNROFMITSUNAGA PLLC Mr. James Driscoll, Hearing Examiner March 3,2006 Page 6 designation that this site is to be developed at 4 to 6 units per acre and should be rejected on that basis alone. It should also be noted that the site does meet, as Mr. Ferko testified, all applicable City requirements for transitions between zones of different densities. No additional transition requirements should be imposed. Also, Mr. Armstrong testified that the Kersey III project provides 200 to 600 feet of open space between the lots and Kersey Way. As the result of the topography, retained forest and new plantings, the lots will be adequately screened from the rural area on 53rd. Schools: Several comment letters raised questions about school capacity. The DEIS, pp. 118-122, indicates that there is sufficient current capacity for elementary and middle school children from the site and that an existing shortfall in high school capacity will be addressed by the opening of a third high school (which has since occurred). In addition, at the Examiner's request, Mr. Michael Newman of the Auburn School District submitted the attached letter dated March 6, 2006, which indicates that the District has adequate capacity to meet its needs. He also prepared the attached letter dated August 11,2005, confirming that students residing in Kersey III will be bussed to school. It should also be noted that the applicants will pay school mitigation fees of approximately $4500 per unit or $1,656,000. This constitutes a major contribution toward the future needs ofthe school district. , Lot Coverage: The final issue that needs to be addressed once again is the applicants' request for an increase in lot coverage from 40% to 45%. There are several relevant facts that need to be reiterated. First, the increase is needed to allow the flexibility in home design that the City requires as part ofthe PUD guidelines, A small increase in lot coverage will help prevent the "cookie cutter" look created by requirements that all homes fit a similar footprint. Second, it is important to bear in mind that this PUD is using smaller lot sizes in order to provide a substantially larger amount of open space and recreational space than is normally required. As a result, although the amount oflot coverage on any individual lot would be slightly higher if the extra 5% is allowed, the total amount of area covered by structures will actually be less than would be permitted if the lots were larger and the open space and recreational space reduced to the minimums required by the City Code. Third, the applicants acknowledges that at the first hearing a request for an increase to 50% was submitted and denied after the Examiner agreed with the City staff that this request was not warranted, It is the applicants' understanding that the City staff now supports the request for an increase to 45% lot coverage. (This should be confirmed with Mr. Pilcher.) J OHNSMONROI<:MITSUNAGA PLLC Mr. James Driscoll, Hearing Examiner March 3, 2006 Page 7 In conclusion, the applicants request that the Kersey III applications be approved, including an increase in allowable lot coverage to 45% and subject to the conditions recommended in the revised staff report. Thank you for your consideration of this information. Very truly yours, enc: Auburn School District letter, March 2, 2006 Auburn School District letter, August II, 2005 cc: Steve Pilcher, Auburn Dept. of Planning, Building and Community Rob Armstrong, Barghausen Engineers Chris Ferko, Barghausen Engineers Wayne Jones, Lakeridge Development Roger Nix Tom Young, JR Hayes & Sons, Inc, 1220-3/tr to Examiner Driscoll 030306 Direct Tel: (425) 467-9960 Email: johns@jmmlaw.com JOHNS MONROFMrrSUNAGA PLLC , , ., ,. . . " '" " " \ :," I' " , . " , " ' t, I" . " " ;. .<< I : , ~ . . , ' , , , , , , , , IS' " : ) , , " , , " '. , , I ., . ~. . ' " . . ; : MAR-02-2006 THU 02:56 PM 912535725167 FAX NO. 253 804 4502 P. 01 FILE COpy ~.....-"'t-.......... AIJHIJRN SCHOOL Il/HTkIGT -,a ".0-..... ....__.__...__.~...... _......_...__"'...__..."'..... , ^ VENUn TO _EXC"BLJ.P,~CF. I Milrl.:h 2i 2006 SttlVO r-Hellcr City of Auhurn 25 WC::':It. Mnin S~rc('t Allhurn. Wu~llingt()n 9&001 }knr Mr. Pikh~r: Thi.~ Jeltcr is 10 provide comment on the Kersey HI project as it relates to the capacity of schou I::.: in tho Auburn School District. J was contacted by Mr. Chris Ferko of Bm'gl\o1us&:1l COllsulling HngiilCCl'R with (he requesnhat I provide you with capacity in flWln.tvtion, . ., . OV~~r the pnst tJll\.."'t1 YCt'U$ the ~itjzcns of/bo Auburn School District passed two bond issu~p one (I) Ct}fl!;Iruct Ii new high school and tIle second to consfruct two new ~'I('l~lcnl~ry scl~l(~JH. With this support. the district opened Auburn Mountainvicw IJ1gh Hd){lOllhj~ pn~t fitlJ. providing capacity into the future to accommodate growth nt the hir,h ~ch(wl h.-vel and the construction of two new olemcntmy schools will provide ndc.JitiClual c:.1p.'lcityat the elementary level. Lakcland Hills Rlemcntclry School is under (:ullsfrucliol\ MId i~ plmlJled If) open the fall of2006; and EJemonlary fl.l4~ located 011 LI..'a Ilill1 i~ rbnnL'd to open the fall of2007. ,'~1to district ClIITCH1ly 11:1') cllpodty at the ~iddle school Icvelt though enrollment Ilrc.ti..:clif.)()~ show the neod filr an additional middle Bel100l in the near future. The school cJistrict hw~ all jmlUediate need (I) acquire (1 middle school silo and is actively pursuing fhit-;. OJ'lC~~ ~I lillifubtc site is ClC<luired. then process will begin for the planning of a new mjddI\J sclu,mJ. A voter npvrovcc1 bond issllo will he required to build the school. Plcusc <:ontnct m<.l jfYOlI have quemions at 253w9314930 Copy to: I Jnd;l Cownn. NupLWinknuc.nL Chris llur!l.o. D-ufJ.~hucsson Cllnsulling Engjnccr~ EXHIBIT ;3bA- ~ 15 FllIJrlh l-l/l'tl~t Nl1; Aubun'l, WA 98002-4152 (253) 931-4930